California Code of Regulations
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
Section 95482 - Fuels Subject to Regulation
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability of the Low Carbon Fuel Standard. Except as provided in this section, the California Low Carbon Fuel Standard regulation, California Code of Regulations (CCR), title 17, sections 95480 through 95503 (collectively referred to as the "LCFS") applies to any transportation fuel, as defined in section 95481, that is sold, supplied, or offered for sale in California, and to any person who, as a fuel reporting entity defined in section 95481 and specified in section 95483, is responsible for reporting a transportation fuel in a calendar year. The types of transportation fuels to which the LCFS applies include:
(b) Opt-In Fuels. Each of the following alternative fuels ("opt-in fuels") is presumed to have a full fuel cycle, carbon intensity that meets the compliance schedules set forth in sections 95484(b) through (d) through December 31, 2030. A fuel provider for an alternative fuel listed below may generate LCFS credits for that fuel only by electing to opt into the LCFS as an opt-in fuel reporting entity pursuant to section 95483.1 and meeting the requirements of this regulation:
(c) Exemption for Specific Fuels. The LCFS regulation does not apply to:
A fuel reporting entity that believes it is subject to this exemption has the sole burden of proving to the Executive Officer's satisfaction that the exemption applies to the entity.
(d) Exemption for Specific Applications. The LCFS regulation does not apply to any transportation fuel used in the following applications:
(e) Nothing in this LCFS regulation (Cal. Code Regs., tit. 17, §§ 95480 et seq.) may be construed to amend, repeal, modify, or change in any way the California reformulated gasoline regulations (CaRFG, Cal.Code Regs., tit. 13, §§2260 et seq.), the California diesel fuel regulations (Cal.Code Regs., tit. 13, §§2281-2285 and Cal. Code Regs., tit. 17, § 93114), or any other applicable State or federal requirements. A person, including the regulated entity as that term is defined in the LCFS regulation, who is subject to the LCFS regulation or other State and federal regulations, shall be solely responsible for ensuring compliance with all applicable LCFS requirements and other State and federal requirements, including the CaRFG requirements and obtaining any necessary approvals, exemptions, or orders from either the State or federal government.
1. New
section filed 1-12-2010; operative 1-12-2010 pursuant to Government Code
section
11343.4
(Register 2010, No. 3).
2. Amendment filed 11-26-2012; operative
11-26-2012 pursuant to Government Code section
11343.4
(Register 2012, No. 48).
3. Repealer and new section filed
11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
4. Amendment
filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section
11343.4(b)(3)
(Register 2019, No. 1).
Note: Authority cited: Sections 38510, 38560, 38560.5, 38571, 38580, 39600, 39601 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 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).