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 95488 - Entities Eligible to Apply for Fuel Pathways

Universal Citation: 17 CA Code of Regs 95488

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any person may apply to the Executive Officer for fuel pathway carbon intensity certification for the purpose of credit or deficit generation.

(b) Joint Applicants. Multiple entities may contribute site-specific data to a single pathway application. In these cases, the parties involved may either designate a single entity as the pathway applicant, or designate multiple entities as joint applicants on a single pathway. Applying as joint applicants allows each entity to maintain control of confidential data for the portions of the pathway they submit.

(1) Each joint applicant is subject to all requirements for pathway application, attestations, validation and verification, recordkeeping, pursuant to this subarticle, for the portion of the pathway they control.

(2) A single entity designated to submit data on behalf of multiple entities within a pathway does not relieve any other entity in the pathway from responsibility for ensuring that the data submitted on its behalf is accurate.

(1) Existing certified pathways. In the first quarter of 2021, the Executive Officer will deactivate all fuel pathway codes in the LRT-CBTS for fuel pathways that were certified pursuant to a prior version of this subarticle, which used the CA-GREET2.0 model to determine CI, for the purpose of reporting fuel transactions that occurred after December 31, 2020. Fuel pathway holders seeking to generate credits from these pathways after that date must follow the pathway application and certification process outlined in this subarticle to receive a certified pathway.

(A) Existing Lookup Table Pathways. Fuel reporting entities using Lookup Table pathways that do not require an application pursuant to section 95488.1(b)(1) will be automatically updated in the LRT-CBTS to the values in Table 7-1 on the effective date of this subarticle.

(2) New Pathway Applications. Beginning in 2019 or the effective date of this subarticle, new fuel pathway applications using CA-GREET2.0 will not be processed. The requirement to obtain a third-party validation statement is effective for all pathway applications pending or submitted on or after January 1, 2020. All new pathway applications certified in 2019 will be validated by the Executive Officer.

1. New section filed 11-26-2012; operative 11-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 48).
2. Editorial correction of subsection (a)(5)(B) (Register 2012, No. 49).
3. Repealer and new section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
4. Repealer and new section 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).

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