Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any person may
petition the state board to designate by regulation a substitute fuel which may
be used instead of a primary designated clean fuel to satisfy any requirements
in this chapter pertaining to a designated clean fuel. The state board shall
designate such a substitute fuel if it is satisfied that the petitioner has
demonstrated all of the following:
(1) That
use of the fuel in low-emission vehicles certified on the primary designated
clean fuel will result in emissions of NMOG (on a reactivity-adjusted basis),
NOx, and CO no greater than the corresponding emissions from such vehicles
fueled with the primary designated clean fuel, as determined pursuant to the
procedures set forth in the "California Test Procedure for Evaluating
Substitute Fuels and New Clean Fuels through 2014," as amended March 22, 2012
or the "California Test Procedure for Evaluating Substitute Fuels and New Clean
Fuels in 2015 and Subsequent Years," as amended August 25, 2022, as applicable,
which are incorporated herein by reference.
(2) That use of the fuel in low-emission
vehicles certified on the primary designated clean fuel will result in
potential health risks from exposure to benzene, 1,3-butadiene, formaldehyde,
and acetadehyde in the aggregate no greater than the corresponding potential
health risks for such vehicles fueled with the primary designated clean fuel,
as determined pursuant to the procedures set forth in the "California Test
Procedure for Evaluating Substitute Fuels and New Clean Fuels through 2014" or
the "California Test Procedure for Evaluating Substitute Fuels and New Clean
Fuels in 2015 and Subsequent Years," as applicable, which are incorporated
herein by reference.
(3) That if
the proposed substitute fuel may be used to fuel any motor vehicle other than
low-emission vehicles certified on the primary designated clean fuel:
(A) Use of the substitute fuel in such other
motor vehicles would not increase emissions of NMOG (on a reactivity-adjusted
basis), NOx, and CO as determined pursuant to the procedures set forth in the
"California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels
through 2014" or the "California Test Procedure for Evaluating Substitute Fuels
and New Clean Fuels in 2015 and Subsequent Years," as applicable, which are
incorporated herein by reference; and
(B) Use of the substitute fuel in such other
motor vehicles would result in potential health risks from exposure to benzene,
1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no greater than
the corresponding potential health risk from the emissions from such vehicles
when operating on their customary fuel, as determined pursuant to the
procedures set forth in the "California Test Procedure for Evaluating
Substitute Fuels and New Clean Fuels through 2014" or the "California Test
Procedure for Evaluating Substitute Fuels and New Clean Fuels in 2015 and
Subsequent Years," as applicable, which are incorporated herein by reference;
and
(C) Use of the substitute fuel
in such other motor vehicles would not result in increased deterioration of the
emission control system on the vehicle and would not void the warranties of any
such vehicles.
(b) Whenever the state board designates a
substitute fuel pursuant to this section, the state board shall also establish
by regulation required specifications for the substitute fuel.
(c) Commencing with the effective date of a
regulatory action of the state board designating a substitute fuel pursuant to
this section, any person may satisfy his or her obligations under this chapter
pertaining to a primary designated clean fuel, in whole or in part, by
substituting the substitute fuel in place of the primary designated clean
fuel.
1. New section
filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment
of subsections (a)(1), (a)(2), and (a)(3)(A)-(C) filed 11-2-93; operative
12-2-93 (Register 93, No. 45).
3. Amendment of subsections (a) and
(c) filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
4.
Amendment filed 8-7-2012; operative 8-7-2012 pursuant to Government Code
section 11343.4 (Register 2012, No. 32).
5. Amendment of subsection
(a)(1) filed 11-30-2022; operative 11-30-2022 pursuant to Government Code
section 11343.4(b)(3) (Register 2022, No. 48).
Note: Authority cited: Sections 39600, 39601, 39667, 43013,
43018 and 43101, Health and Safety Code; 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 39000, 39001, 39002, 39003, 39500, 39515,
39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal. 3d 411, 121 Cal. Rptr. 249
(1975).
