§ 95481. Definitions and Acronyms.
17 CA ADC § 95481BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 10. Climate Change
Article 4. Regulations to Achieve Greenhouse Gas Emission Reductions
Subarticle 7. Low Carbon Fuel Standard (Refs & Annos)
17 CCR § 95481
§ 95481. Definitions and Acronyms.
(a) Definitions. For the purposes of sections 95480 through 95497, the definitions in Health and Safety Code sections 39010 through 39060 shall apply, except as otherwise specified in this section or sections 95482 through 95497:
(1) “Above the rack” means sales of 10,000 gallons or more of diesel fuel at pipeline origin points, pipeline batches in transit, and at terminal tanks before the diesel has been loaded into trucks or other means of non-bulk transfer.
(2) “Account Administrator” means the person who can establish and activate user accounts for the reporting party organization as well as upload data (but not necessarily “submit” reports) into the LRT-CBTS. Account administrators with “signatory authority” may submit Quarterly and Annual Reports; initiate and view all credit transfers and credit transfer activity; access the Credit Balance ledger for the organization; and select/authorize broker(s) to represent them.
(3) “AEZ-EF Model” means the Agro-Ecological Zone Emissions Factor model (December 31, 2014), posted at http://www.arb.ca.gov/fuels/lcfs/lcfs_meetings/lcfs_meetings.htm and available for download at http://www.arb.ca.gov/fuels/lcfs/lcfs_meetings/aez-ef_ model_v52.xlsm, which is incorporated herein by reference.
(4) “Aggregated Transaction Indicator” means an identifier for reported transactions that are a result of an aggregation or summing of more than one transaction in the LRT-CBTS. An entry of ‘True’ indicates that multiple transactions have been aggregated and are reported with a single Transaction Number. An entry of ‘False’ means that the transaction record results from one fuel transaction reported as a single Transaction Number.
(5) “Alternative fuel” means any transportation fuel that is not CaRFG or a diesel fuel, including those fuels specified in section 95482(a)(3) through (a)(12).
(6) “Application” means the type of vehicle where the fuel is consumed in terms of LDV/MDV for light-duty vehicle/medium-duty vehicle or HDV for heavy-duty vehicle.
(7) “Battery electric vehicle (BEV)” means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.
(8) “Biodiesel” means a fuel as defined in California Code of Regulations, title 4, section 4140(a).
(9) “Biodiesel Blend” means biodiesel blended with CARB diesel.
(10) “Biogas” means the raw gaseous mixture comprised primarily of methane and carbon dioxide and derived from the anaerobic decomposition of organic matter in a landfill, lagoon, or constructed reactor (digester). Biogas often contains a number of other impurities, such as hydrogen sulfide, and it cannot be directly injected into natural gas pipelines or combusted in most natural-gas-fueled vehicles. It can be used as a fuel in boilers and engines to produce electrical power. The biogas can be refined to produce near-pure methane, which is sold as biomethane.
(11) “Bio-CNG” means biogas-derived biomethane which has been compressed to CNG. Bio-CNG has equivalent performance characteristics when compared to fossil CNG.
(12) “Bio-LNG” means biogas-derived biomethane which has been compressed and liquefied into LNG. Bio-LNG has equivalent performance characteristics when compared to fossil LNG.
(13) “Bio-L-CNG” means biogas-derived biomethane which has been compressed, liquefied, re-gasified, and re-compressed into L-CNG, and has performance characteristics at least equivalent to fossil L-CNG.
(14) “Biomass” means biogenic plant and animal material, especially agricultural or forest waste products which can be used as a source of fuel, or feedstock for the production of fuel, soil amendment, or fertilizer.
(15) “Biomass-based diesel” means a biodiesel (mono-alkyl ester) or a renewable diesel that complies with ASTM D975-14a, (2014), Specification for Diesel Fuel Oils, which is incorporated herein by reference. This includes a renewable fuel derived from co-processing biomass with a petroleum feedstock.
(16) “Biomethane” is primarily methane derived from biogas after carbon dioxide and other impurities present in the biogas are chemically or physically separated from the gaseous mixture. Biomethane has equivalent chemical, physical, and performance characteristics as methane gas.
(17) “Blendstock” means a component that is either used alone or is blended with another component(s) to produce a finished fuel used in a motor vehicle. Each blendstock corresponds to a fuel pathway in the California-modified Greenhouse Gases, Regulated Emissions, and Energy use in Transportation version 2.0 (CA-GREET 2.0-T1 or CA-GREET2.0-T2) model, (September 29, 2015), which is incorporated by reference. A blendstock that is used directly as a transportation fuel in a vehicle is considered a finished fuel.
(18) “Broker” is a third-party user registered in the LRT-CBTS specifically to facilitate the transfer of credits between regulated parties.
(19) “Business Partner” refers to the counterparty in a specific transaction involving the regulated party. This can either be the buyer or seller of fuel.
(20) “Carbon intensity” means the amount of life cycle greenhouse gas emissions, per unit of fuel energy, expressed in grams of carbon dioxide equivalent per megajoule (gCO2e/MJ).
(21) “Compressed Natural Gas (CNG)” means natural gas that has been compressed to a pressure greater than ambient pressure.
(22) “Credit Facilitator (CF)” is an LRT-CBTS user assigned by a regulated party to initiate and complete LCFS credit transfers on behalf of their registered organization.
(23) “Credit Generator” means a fuel provider for an alternative fuel listed in section 95482(b) who may generate LCFS credits for that fuel by electing to opt into the LCFS pursuant to section 95483.1 and who meets the requirements of this regulation.
(24) “Credits” and “deficits” mean the measures used for determining a regulated party's compliance with the average carbon intensity requirements in section 95484. Credits and deficits are denominated in units of metric tons of carbon dioxide equivalent (CO2e), and are calculated pursuant to section 95486(b).
(25) “Day” means a calendar day unless otherwise specified as a business day.
(26) “Diesel Fuel” (also called conventional diesel fuel) has the same meaning as specified in California Code of Regulations, title 13, section 2281(b).
(27) “Diesel Fuel Blend” means a blend of diesel fuel and biodiesel containing no more than 5 percent (B5) biodiesel by weight and meeting ASTM D975-14a, (2014), Standard Specification for Diesel Fuel Oils, which is incorporated herein by reference.
(28) “E100,” also known as “Denatured Fuel Ethanol,” means nominally anhydrous ethyl alcohol meeting ASTM D4806-14 (2014), Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, which is incorporated herein by reference.
(29) “Electrical Distribution Utility” means an entity that owns or operates an electrical distribution system, including:
(A) a public utility as defined in the Public Utilities Code section 216 (referred to as an Investor Owned Utility, or IOU); or
(B) a local publicly-owned electric utility (POU) as defined in Public Utilities Code section 224.3; or
(C) an Electrical Cooperative (COOP) as defined in Public Utilities Code section 2776.
(30) “Electric Vehicle (EV),” for purposes of this regulation, refers to Battery Electric Vehicles (BEVs) and Plug-In Hybrid Electric Vehicles (PHEVs).
(31) “Energy Economy Ratio (EER)” means the dimensionless value that represents the efficiency of a fuel as used in a powertrain as compared to a reference fuel. EERs are often a comparison of miles per gasoline gallon equivalent (mpge) between two fuels. EERs for fixed guideway systems are based on MJ/number of passenger-miles.
(32) “Executive Officer” means the Executive Officer of the Air Resources Board, or his or her designee.
(33) “Final Distribution Facility” means the stationary finished fuel transfer point from which the finished fuel is transferred into the cargo tank truck, pipeline, or other delivery vessel for delivery to the facility at which the finished fuel will be dispensed into motor vehicles.
(34) “Finished fuel” means a fuel that is used directly in a vehicle for transportation purposes without requiring additional chemical or physical processing.
(35) “Fixed guideway system” means a system of public transit electric vehicles that can operate only on its own guideway (directly operated, or DO) constructed specifically for that purpose, such as light rail, heavy rail, cable car, street car, and trolley bus.
(36) “Fossil CNG” means CNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.
(37) “Fossil LNG” means LNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.
(38) “Fossil L-CNG” means L-CNG that is derived solely from petroleum or fossil sources, such as oil fields and coal beds.
(39) “FPC Obligated Amount” means the amount of transportation fuel or blendstock (e.g., gal, scf, kWh, kg) associated with a Fuel Pathway Code (FPC) for which a regulated party must meet the average carbon intensity requirements set forth in Tables 1 and 2 of section 95484.
(40) “Fuel Pathway Code” means the identifier in the LRT-CBTS that applies to a specific fuel pathway approved pursuant to section 95488.
(41) “Fuel Transport Mode” means the applicable combination of actual fuel delivery methods, such as truck routes, rail lines, pipelines, and any other fuel distribution methods, through which the regulated party reasonably expects the fuel to be transported under contract from the entity that generated or produced the fuel, to any intermediate entities, and ending at the fuel blender, producer, importer, or provider in California.
(42) “GTAP” or “GTAP Model” means the Global Trade Analysis Project Model (December 2014), which is incorporated herein by reference, and is a software available for download at https://www.gtap.agecon.purdue.edu/resources/res_display.asp?RecordID= 4577.
(43) “Heavy-Duty Vehicle” means a heavy-duty vehicle that is rated at 14,001 or more pounds gross vehicle weight rating (GVWR).
(44) “Home fueling” means the dispensing of fuel by use of a fueling appliance that is located on or within a residential property with access limited to a single household.
(45) “Hybrid electric vehicle (HEV)” means any vehicle that can draw propulsion energy from both of the following on-vehicle sources of stored energy: 1) a consumable fuel, and 2) an energy storage device, such as a battery, capacitor, or flywheel.
(46) “Import” means to bring a product from outside California into California.
(47) “Importer” means the person who owns the transportation fuel or blendstock, in the transportation equipment that held or carried the product, at the point the fuel entered California. For purposes of this definition, “transportation equipment” includes, but is not limited to, rail cars, cargo tanker trucks, and pipelines.
(48) “Intermediate calculated value” means a value that is used in the calculation of a reported value but does not by itself meet the reporting requirement under section 95491(a).
(49) “Life cycle greenhouse gas emissions” means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions, such as significant emissions from land use changes), as determined by the Executive Officer, related to the full fuel life cycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential.
(50) “Light-Duty Vehicle” and “Medium-Duty Vehicle” mean a vehicle category that includes both light-duty (LDV) and medium-duty vehicles (MDV).
(A) “LDV” means a vehicle that is rated at 8,500 pounds or less GVWR.
(B) “MDV” means a vehicle that is rated between 8,501 and 14,000 pounds GVWR.
(51) “Liquefied Compressed Natural Gas (L-CNG)” means LNG that has been liquefied and transported to a dispensing station where it was then re-gasified and compressed to a pressure greater than ambient pressure.
(52) “Liquefied Natural Gas (LNG)” means natural gas that has been liquefied.
(53) “Liquefied petroleum gas (LPG or propane)” has the same meaning as defined in Vehicle Code section 380.
(54) “Low-Complexity/Low-Energy-Use Refinery” means a refinery that meets both of the following criteria:
(A) A Modified Nelson Complexity Score equal to or less than 5 as calculated in section 95489(e)(1)(A).
(B) Total annual energy use equal to or less than 5 million MMBtu as calculated in section 95489(e)(1)(B).
(55) “Modified Nelson Complexity Score” means a Nelson Complexity Score that is calculated without including lube oil and asphalt capacity, as set forth in section 95489(e)(1)(A).
(56) “Motor vehicle” has the same meaning as defined in section 415 of the Vehicle Code.
(57) “Multi-fuel vehicle” means a vehicle that uses two or more distinct fuels for its operation. A multi-fuel vehicle (also called a vehicle operating in blended-mode) includes a bi-fuel vehicle and can have two or more fueling ports onboard the vehicle. A fueling port can be an electrical plug or a receptacle for liquid or gaseous fuel. For example, a plug-in hybrid hydrogen internal combustion engine vehicle (ICEV) uses both electricity and hydrogen as the fuel source and can be “refueled” using two separately distinct fueling ports.
(58) “Natural gas” means a mixture of gaseous hydrocarbons and other compounds, with at least 80 percent methane (by volume), and typically sold or distributed by utilities, such as any utility company regulated by the California Public Utilities Commission.
(59) “Nelson Complexity Score” means the commonly used industry measure of a refinery's ability to convert crude oils to finished fuels, taking into consideration the complexity of the technologies incorporated within the process and related capacities as compared to crude distillation.
(60) “On-road” means a vehicle that is designed to be driven on public highways and roadways and that is registered or is capable of being registered by the California Department of Motor Vehicles (DMV) under Vehicle Code sections 4000 et seq. - or DMV's equivalent in another state, province, or country; or the International Registration Plan. A vehicle covered under ARB's In-Use Off-Road Regulation, Code of Regulations, title 13, section 2449, is not covered under this definition.
(61) “OPGEE” or “OPGEE Model” means the Oil Production Greenhouse gas Emissions Estimator Version 1.1 Draft E (April 6, 2015) posted at http://www.arb.ca.gov/fuels/lcfs/lcfs.htm, which is hereby incorporated by reference.
(62) “Petroleum Intermediate” means a petroleum product that can be further processed to produce CARBOB, diesel, or other petroleum blendstocks.
(63) “Petroleum product” means all refined and semi-refined products that are produced at a refinery by processing crude oil and other petroleum-based feedstocks, including petroleum products derived from co-processing biomass and petroleum feedstock together. “Petroleum product” does not include plastics or plastic products.
(64) “Plug-In Hybrid Electric Vehicle (PHEV)” means a hybrid electric vehicle with the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in any manner while the vehicle is being driven.
(65) “Private access fueling facility” means a fueling facility with access restricted to privately-distributed electronic cards (“cardlock”) or is located in a secure area not accessible to the public.
(66) “Producer” means, with respect to any fuel, the entity that made or prepared the fuel. This definition includes “out-of-state” producers where the production facility is out of the State of California and the entity has opted into the LCFS pursuant to section 95483.1.
(67) “Product Transfer Document (PTD)” means a document that authenticates the transfer of ownership of fuel from a regulated party to the recipient of the fuel. A PTD is created by a regulated party to contain information collectively supplied by other fuel transaction documents, including bills of lading, invoices, contracts, meter tickets, rail inventory sheets, Renewable Fuels Standard (RFS2) product transfer documents, etc.
(68) “Production facility” means, with respect to any fuel (other than CNG, LNG and L-CNG), a facility at which the fuel is produced. “Production facility” means, with respect to natural gas (CNG, LNG, L-CNG, or biomethane), a facility at which fuel is converted, compressed, liquefied, refined, treated, or otherwise processed into CNG, LNG, L-CNG, biomethane, or biomethane-natural gas blend that is ready for transportation use in a vehicle without further physical or chemical processing.
(69) “Public access fueling facility” means a fueling facility that is not a private-access fueling dispenser.
(70) “Regulated party” means a person who, pursuant to section 95483 or 95483.1, must meet the average carbon intensity requirements in section 95484.
(71) “Renewable Hydrocarbon Diesel” means a diesel fuel that is produced from nonpetroleum renewable resources but is not a mono-alkyl ester and which is registered as a motor vehicle or fuel additive under 40 Code of Federal Regulations part 79.
(72) “Reporting Party” means any person who, pursuant to section 95483 or 95483.1 is the initial regulated party holding the compliance obligation, and any person to whom the compliance obligation has been transferred directly or indirectly from the initial upstream regulated party.
(73) “Single fuel vehicle” means a vehicle that uses a single external source of fuel for its operation. The fuel can be a pure fuel, such as gasoline, or a blended fuel, such as E85 or a diesel fuel containing biomass-based diesel.
(74) “Steam Quality” means the ratio of the mass of vapor to the total mass of a vapor-liquid mixture of water at its saturation temperature.
(75) “Transaction Date” means the title transfer date as shown on the Product Transfer Document.
(76) “Transaction Quantity” means the amount of fuel reported in a transaction. A Transaction Quantity may be reported in gallons, KWh, scf, or other appropriate units.
(77) “Transaction Type” means the nature of a fuel-based transaction as defined below:
(A) “Production in California” means the transportation fuel was produced at a facility in California for use in California;
(B) “Production for Import” means the transportation fuel was produced outside of California and imported into California for use in transportation. This transaction type is to be reported by out-of-state producers who claim the initial LCFS obligation for fuel imported into California.
(C) “Import” means the transportation fuel was produced outside of California and later brought by any party other than its producer into California for use in transportation. This transaction type is to be reported by non-producers who claim the initial LCFS obligation for out-of-state fuel imported into California.
(D) “Purchased with Obligation” means the transportation fuel was purchased with the compliance obligation from a reporting party;
(E) “Purchased without Obligation” means the transportation fuel was purchased without the compliance obligation from a reporting party;
(F) “Sold with Obligation” means the transportation fuel was sold with the compliance obligation by a reporting party;
(G) “Sold without Obligation” means the transportation fuel was sold without the compliance obligation by a reporting party;
(H) “Export” means a transportation fuel was reported with compliance obligation under the LCFS but was later exported outside of California;
(I) “Loss of Inventory” means the fuel entered the California fuel pool but was not used due to volume loss;
(J) “Gain of Inventory” means the fuel entered the California fuel pool due to a volume gain;
(K) “Not Used for Transportation” means a transportation fuel was reported with compliance obligation under the LCFS but was later not used for transportation purposes in California or otherwise determined to be exempt under section 95482(d);
(L) “EV Charging” means providing electricity to recharge EVs;
(M) “Fixed Guideway Charging” means fueling light rail or heavy rail, exclusive right-of-way bus operations, or trolley coaches with electricity;
(N) “Forklift Fueling” means providing fuel (electricity, hydrogen, etc.) to forklifts;
(O) “NGV Fueling” means the dispensing of natural gas at a fueling station designed for fueling natural gas vehicles.
(78) “Transmix” means a mixture of refined products that forms when these products are transported through a pipeline. This mixture is typically a combination of two of the following: gasoline, diesel, or jet fuel.
(79) “Transportation fuel” means any fuel used or intended for use as a motor vehicle fuel or for transportation purposes in a non-vehicular source.
(b) Acronyms. For the purposes of sections 95480 through 95497, the following acronyms apply.
“AEZ-EF” means Agro-Ecological Zone Emissions Factor model.
“ASTM” means ASTM International (formerly American Society for Testing and Materials).
“BEV” means battery electric vehicles.
“CA-GREET” means California-modified Greenhouse Gases, Regulated Emissions, and Energy use in Transportation model.
“CARBOB” means California reformulated gasoline blendstock for oxygenate blending.
“CaRFG” means California reformulated gasoline.
“CEC” means California Energy Commission.
“CFR” means Code of Federal Regulations.
“CI” means carbon intensity.
“CNG” means compressed natural gas.
“EER” means energy economy ratio.
“EV” means electric vehicle.
“FCV” means fuel cell vehicles.
“gCO2e/MJ” means grams of carbon dioxide equivalent per megajoule.
“GTAP” means the Global Trade Analysis Project model.
“GVWR” means gross vehicle weight rating.
“HDV” means heavy-duty vehicles.
“HDV-CIE” means a heavy-duty vehicle compression-ignition engine.
“HDV-SIE” means a heavy-duty vehicle spark-ignition engine.
“HEV” means hybrid electric vehicle.
“ICEV” means internal combustion engine vehicle.
“iLUC” means indirect land use change.
“LCFS” means Low Carbon Fuel Standard.
“LDV” means light-duty vehicles.
“L-CNG” means liquefied compressed natural gas.
“LNG” means liquefied natural gas.
“LPG” means liquefied petroleum gas.
“LRT-CBTS” means LCFS Reporting Tool and Credit Bank & Transfer System.
“MCON” means marketable crude oil name.
“MDV” means medium-duty vehicles.
“MMBtu” means million British Thermal Units.
“MT” means metric tons of carbon dioxide equivalent.
“NGV” means a natural gas vehicle.
“OPGEE” means Oil Production Greenhouse gas Emissions Estimator Model
“PHEV” means plug-in hybrid vehicles.
“TEOR” means thermally enhanced oil recovery.
“ULSD” means California ultra-low sulfur diesel.
Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38571, 38580, 39600, 39601, 41510, 41511 and 43018, Health and Safety Code; 42 U.S.C. section 7545; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516, 41510, 41511 and 43000, Health and Safety Code; Section 25000.5, Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
1. New section filed 1-12-2010; operative 1-12-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 3).
2. Amendment of subsections (a)(20.5) and (a)(20.5)(B)-(C) and new subsection (a)(20.5)(D) filed 4-15-2010; operative 4-15-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 16).
3. Amendment filed 11-26-2012; operative 11-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 48).
4. Repealer and new section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
This database is current through 11/30/18 Register 2018, No. 48
17 CCR § 95481, 17 CA ADC § 95481
|End of Document||© 2018 Thomson Reuters. No claim to original U.S. Government Works.|