Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
CI Data Reporting Requirement and
Deadline. Beginning in 2021, each fuel pathway holder must submit an
annual Fuel Pathway Report to the AFP no later than March 31 of each calendar
year.
(1) The annual Fuel Pathway Report must
include the certified version of the Simplified CI Calculator or the
CA-GREET3.0 model, if required in the initial certification, updated to include
the most recent two calendar years of operational data.
(2) The annual Fuel Pathway Report for Lookup
Table pathways listed in 95488.1(b)(2), in lieu of the CI calculator, must
include invoices or metering records substantiating the quantity of renewable
or low-CI inputs procured from a qualifying source.
(3) Entities specified in section
95488.8(i)(2)(C)
must provide the annual attestation regarding environmental attributes required
by that provision.
(4) Any fuel
pathway holder, including a joint applicant, who is not subject to site visits
by a third party verifier, whose pathway involves the use of renewable or
low-CI process energy, must submit invoices for that energy to the AFP.
Additionally, for any electricity that is used to reduce carbon intensity of
electricity used as a transportation fuel or hydrogen production via
electrolysis, the pathway holder must upload records demonstrating that any
renewable energy certificates generated were retired in WREGIS for the purpose
of LCFS credit generation.
(5) The
annual Fuel Pathway Report must include any temporally-variable information
requested by the Executive Officer to be included in the initial application as
supplementary information, or required data or documentation listed in the
pathway summary operating conditions, must continue to be submitted annually as
part of the annual Fuel Pathway Report.
(6) If the verified operational CI as
calculated from production data covering the 24 months of operations is found
to be lower than the certified CI, and a positive verification statement is
issued for this period, the following options are available:
(A) The fuel pathway holder may elect to keep
the original certified CI.
(B) The
fuel pathway holder may request to replace the certified CI with the verified
operational CI based on the most recent 24 months of operational data, adding a
conservative margin of safety per section
95488.4(a) if the
applicant so desires. Fuel pathway holders requesting to replace the certified
CI must submit an attestation that the new CI can be maintained through the
next reporting period, and acknowledging that exceeding the newly certified CI
in subsequent verifications will constitute non-compliance with the
requirements of this subarticle.
(7) If the verified operational CI is found
to be greater than the certified CI, the fuel pathway holder is out of
compliance with this subarticle and subject to investigation by the Executive
Officer and possible enforcement action.
(b)
Monitoring Plan for Entities
Required to Obtain Validation or Verification Services under the LCFS.
Each entity responsible for obtaining validation or verification under this
subarticle must complete and retain for review by a verifier, or the Executive
Officer, a written Monitoring Plan. Specific requirements for Monitoring Plans
are detailed in section
95491.1(c).
(c)
Verification Requirement and
Deadline. Each fuel pathway holder, who is not exempt from obtaining
verification in section
95500, must ensure that a positive
or qualified positive verification statement covering the annual Fuel Pathway
Report is received by the Executive Officer from the verification body pursuant
to the schedule in 95500 in order to maintain a valid fuel pathway code for use
in reporting fuel transactions. An adverse fuel pathway verification statement
would result in investigation by the Executive Officer. It is the
responsibility of the fuel pathway holder to ensure this deadline is
met.
1. 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,
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).
