Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Documentation Required for Tier 1 Pathways. A fuel pathway
applicant may apply for a Tier 1 pathway using the provisions set forth in this
section. After satisfying all requirements for pathway and facility
registration in 95488.2, the applicant must submit the following information to
the Executive Officer for consideration of a Tier 1 pathway CI.
(1)
Simplified CI
Calculator. A fuel-specific Simplified CI Calculator populated with
all applicable site-specific operational data inputs is required. The period
covered shall be the most recent 24 month period of operation. Fields that
require site-specific inputs are marked in the Simplified CI Calculator.
Site-specific inputs include, but are not limited to, the monthly quantity of
all feedstocks consumed in the fuel production facility, the electricity
generation mix of the subregion(s) where feedstock and fuel production occur,
the types and monthly quantities of all energy used in the production of the
fuel, and the monthly quantities of fuel produced.
(A) The Simplified CI Calculators include
appropriate LUC or other indirect carbon intensity modifiers from Table 6 when
applicable.
(B) Applicants must
follow the instructions for completing site-specific inputs in the Simplified
CI Calculators found in the Tier 1 Simplified CI Calculator Instruction Manual
(August 13, 2018), incorporated herein by reference.
Industrial Strategies Division, California Air
Resources Board. August 13, 2018. Tier 1 Simplified CI Calculator Instruction
Manual.
(C) All applicants
using grid electricity must choose electrical generation energy mixes from
among the subregions in CA-GREET3.0 and the Simplified CI Calculators, if
applicable. The options include the 26 subregions defined in the U.S. EPA's
Emissions and Generation Resource Integrated Database with year 2014 data
(eGRID2014v2, released on February 27, 2017), and a national grid mix for
Brazil and Canada.
1.
User-defined
Process Energy Option. Applicants whose fuel production facilities or
feedstock source regions are located in an area for which there is no
corresponding subregion included in the Simplified CI Calculator may select the
user-defined option, and shall consult with the Executive Officer for approval
of the data prior to submitting an application.
(2)
Supplemental
Information. Supporting evidence for specified inputs to the CI
calculator can be uploaded to the AFP as a supplemental information document,
as needed. Supplemental information is required under the following
circumstances:
(A) If an alternative form of
process energy supplied directly to the production facility are used, evidence
must be provided to identify the source, to demonstrate that it is delivered
directly to the production facility, and to determine the carbon intensity of
the process energy input.
(B) If
the fuel pathway applicant selects user-defined emission factors for regions
not currently included in the Simplified CI Calculator, to reflect the grid
electricity resource mix, crude and natural gas for that region. Supporting
evidence and data sources for these emission factors must be
provided.
(C) If the fuel produced
or any by-products or co-products receive additional processing after they
leave site, such as additional distiller's grains drying or fuel distillation,
supporting evidence of the energy consumed for those processes must also be
submitted.
(D) If the fuel
production facility is co-located with one or more unrelated facilities, and
energy consumption data (or other data required in calculating CI) are not
separately available for the fuel production facility, the applicant shall
install automated metering equipment with electronic data archival to enable an
Executive Officer accredited verification body to confirm energy consumption
data for the 24 months of operation submitted in the application. The metering
should be capable of recording daily total energy consumption data. The same
requirements apply if a single facility includes multiple operations including
fuel production.
(E) Other
information to facilitate staff review may also be included as part of the
supplemental information.
(b)
Certification Process for Tier 1
Pathway Applications.
(1)
Validation. The applicant must seek the services of an
Executive Officer accredited verification body to complete a pathway validation
as specified in section
95500. A positive or qualified
positive validation statement must be received by the Executive Officer from
the verification body in order for CARB's completeness review, evaluation, and
certification of the pathway application to proceed. In cases where a single
applicant or a joint applicant does not complete validation, the application
will be denied without prejudice. In cases where an applicant cannot complete
validation within six months of submitting an application or receives an
adverse validation statement, the application will be denied without
prejudice.
(2)
Completeness
Review. Upon receipt of a positive or qualified positive validation
statement, the Executive Officer will conduct a completeness review of the Tier
selection to ensure the pathway meets the requirements for Tier 1, and evaluate
if the inputs to the Simplified CI Calculator are complete.
(A)
Application Complete. If
the Executive Officer deems complete the applicant's Simplified CI Calculator
and supplemental information, the fuel pathway applicant shall be notified as
such.
(B)
Application
Incomplete. If the Executive Officer deems the Simplified CI
Calculator and supplemental information incomplete, the Executive Officer will
reject the pathway application without prejudice and inform the fuel pathway
applicant of the rationale for rejection. Applicants whose applications are
rejected may submit a new application that addresses deficiencies highlighted
during the earlier review.
(3)
Certification. The
Executive Officer may certify or reject a pathway application.
(A) The Executive Officer will evaluate the
application to determine whether it has met all requirements necessary for
certification. At any point during the evaluation process, the Executive
Officer may request in writing additional information or clarification from the
applicant.
(B) If the Executive
Officer determines the application has met all requirements necessary for
certification, the Executive Officer will complete a pathway summary of the
inputs, the facility average fuel production yield, CI results, and any
applicable limitations or conditions. Upon certification of a Tier 1
application, the pathway will be available for reporting for the quarter in
which it was deemed complete.
(C)
Upon certification, the fuel pathway applicant(s) becomes the fuel pathway
holder(s) for the certified fuel pathway and is subject to the requirements of
95488.10, and any limitations or conditions identified by the Executive
pursuant to (3)(B) above, in order for that pathway to remain eligible for
reporting and credit generation purposes.
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).
