Cal. Code Regs. tit. 17 § 95488.5

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 95488.5 - Lookup Table Fuel Pathway Application Requirements and Certification Process
(a)Applicability. A fuel reporting entity may use a Lookup Table pathway if the Lookup Table (Table 7-1 in section 95488.5(e)) contains a fuel pathway that closely corresponds to the actual physical fuel production pathways used to produce the fuel in question. A fuel's actual physical fuel production pathway corresponds closely with a Lookup Table pathway when it is consistent with the Lookup Table pathway in all the areas listed in (1) through (6) below:
(1) Feedstocks used to produce the fuel;
(2) Fuel and feedstock production technology;
(3) Regions in which feedstocks and finished fuel are produced;
(4) The modes used to transport feedstocks and finished fuel and the transport distances involved;
(5) The types and amounts of thermal and electrical energy consumed in both feedstock and finished fuel production. This applies both to the energy consumed in the production process and to the upstream energy consumed (e.g., fuels used to generate electricity; energy consumed to produce natural gas, etc.); and
(6) The CI of the fuel pathway applicant's product must be lower than or equal to the Lookup Table pathway CI. If the Executive Officer determines the product has an actual CI that is likely to be higher than the Lookup Table CI value, the applicant may apply for a Tier 2 pathway.
(b)Lookup Table Pathway Application Requirements. Entities seeking approval to report fuel transactions using the fuel pathways listed in 95488.1(b)(2)(A) through (F) (electricity generated from one of the zero-CI sources listed in 95488.1(b)(2)(A), smart charging or smart electrolysis, and all hydrogen Lookup Table pathways) must submit the fuel pathway applicant attestation letter pursuant to the requirements of 95488.8(a) and meet the following requirements:
(1) The following information must be submitted with applications for the Lookup Table pathway for electricity generated from zero-CI sources and smart charging or smart electrolysis:
(A) For directly supplied zero-CI electricity, an applicant must indicate the locations of electricity generation equipment, meters, meter ID numbers, and identify any other users of the electricity.
(B) For zero-CI electricity supplied using book-and-claim accounting, contracts and invoices are required to demonstrate that the electricity meets the requirements of section 95488.8(i)(1).
(C) For smart charging or smart electrolysis electricity, records demonstrating the quantity of electricity dispensed during each hour for the latest quarter.
(2) The following information shall be submitted with applications for any hydrogen Lookup Table pathways:
(A) Submittal of the fuel pathway applicant attestation letter affirms that the applicant has reviewed and understood the pathway conditions described in the Lookup Table Pathways -- Technical Support Documentation specified in section 95488.5(e), and attests that their actual physical pathway is consistent with the Lookup Table pathway in the areas listed in 95488.5(a). Any exceptions, whether likely to result in a higher or lower CI, must be noted in the attestation letter.
(B) The completed NREL National Fuel Cell Technology Evaluation Center's Hydrogen Station Infrastructure Data Template covering three months of operation, if available, is required.
(3) The following information must be submitted with all Lookup Table pathway applications for renewable hydrogen:
(A) Contracts and invoices meeting the requirements of 95488.8(h), or 95488.8(i), are required to substantiate type and source of renewable input used to produce the fuel.
(c)Completeness Check for Lookup Table Fuel Pathway Applications. For the Lookup Table pathways listed in 95488.1(b)(2)(A) through (F), the Executive Officer will evaluate submitted information for completeness. The Executive Officer shall contact the applicant regarding any lack of required information or clarification of submitted information. If the fuel pathway applicant does not provide a satisfactory response to address the request within 15 business days, the Executive Officer will reject the pathway application. Applicants whose applications are rejected may submit a new application that addresses deficiencies highlighted during the earlier review.
(d)Updates to Electricity Pathways.
(1)Annual Update to California Average Grid Electricity Pathway. In order to reflect the rapidly evolving portfolio of electricity generating resources in California, the Executive Officer will update the "California Average Grid Electricity Used as a Transportation Fuel in California" Lookup Table pathway CI value on an annual basis. The Executive Officer will use the methodology described in the supporting document specified in section 95488.5(e) to determine the carbon intensity. The CA-GREET3.0 model inputs and data sources used to calculate the CI will be posted for 45 days for public comment prior to certification. If these comments require significant revision of the originally published pathway, an updated pathway will be posted for public comment. The updated Lookup Table pathway CI value will be available for reporting in the quarter in which it is certified.
(2)Update to Smart Charging Electricity Pathways. In order to reflect the seasonal variation of electricity generating resources in California and to maintain accounting consistency with the CI of the California Average Grid Electricity pathway, the Executive Officer will use the methodology described in the supporting document specified in section 95488.5(e) and the public comment process described in 95488.5(d)(1) to update the smart charging or smart electrolysis pathway CIs in Table 7-2.
(e) The following supporting document, which is incorporated herein by reference, describes the methodology and data sources used to determine the carbon intensity values for the fuel pathways, shown below in Table 7-1, and the hourly windows for smart charging or smart electrolysis electricity pathways, shown below in Table 7-2:

Industrial Strategies Division, California Air Resources Board. August 13, 2018. CA-GREET3.0 Lookup Table Pathways Technical Support Documentation.

Table 7-1. Lookup Table for Gasoline and Diesel and Fuels that Substitute for Gasoline and Diesel2

FuelFuel Pathway CodeFuel Pathway DescriptionCarbon Intensity Values (gCO2e/MJ)
CARBOBCBOBCARBOB -- based on the average crude oil supplied to California refineries and average California refinery efficiencies100.82
DieselULSDULSD -- based on the average crude oil supplied to California refineries and average California refinery efficiencies100.45
Compressed Natural GasCNGFCompressed Natural Gas from Pipeline Average North American Fossil Natural Gas79.21
PropanePRPFFossil LPG from crude oil refining and natural gas processing used as a transport fuel83.19
ElectricityELCGCalifornia average grid electricity used as a transportation fuel in California93.75 (and subject to annual updates)
ELCRElectricity that is generated from 100 percent zero-CI sources used as a transportation fuel in California0.00
ELCTElectricity supplied under the smart charging or smart electrolysis provision(See Table 7-2)
HydrogenHYFCompressed H2 produced in California from central SMR of North American fossil-based NG117.67
HYFLLiquefied H2 produced in California from central SMR of North American fossil-based NG150.94
HYBCompressed H2 produced in California from central SMR of biomethane (renewable feedstock) from North American landfills99.48
HYBLLiquefied H2 produced in California from central SMR of biomethane (renewable feedstock) from North American landfills129.09
HYEGCompressed H2 produced in California from electrolysis using California average grid electricity164.46
HYERCompressed H2 produced in California from electrolysis using zero-CI electricity10.51
2 For comparison on an equivalent basis (gCO2e per MJ of conventional fuel displaced), the CIs listed in Tables 7-1 and 7-2 must be divided by the EER in Table 5 for the appropriate fuel-vehicle combination. The EER-adjustment is made when fuel quantities are reported in the LRT-CBTS to calculate the correct number of credits or deficits, using the equations in 95486.1(a).

(f)Smart Charging or Smart Electrolysis Lookup Table Pathways. The Executive Officer will calculate the following carbon intensity lookup table that may be used for reporting electric vehicle charging and hydrogen produced via electrolysis in California. For hydrogen production through electrolysis outside of California, an applicant must provide, through the Tier 2 application process, a comparable method to determine smart electrolysis carbon intensity values for the grid electricity in the state or region where hydrogen is produced.

Updates to this table will be provided at least annually on the LCFS web site.

Table 7-2. Calculated Smart Charging or Smart Electrolysis Carbon Intensity Values for 20193

CI (gCO2e/MJ)

Hourly WindowQ1Q2Q3Q4
12:01 AM - 1:00 AM87.0686.9186.8790.25
1:01 AM - 2:00 AM87.0685.9186.8088.55
2:01 AM - 3:00 AM87.0687.2086.7787.80
3:01 AM - 4:00 AM87.0687.0386.7287.91
4:01 AM - 5:00 AM87.6391.4587.1790.98
5:01 AM - 6:00 AM94.46105.7695.77105.08
6:01 AM - 7:00 AM110.9894.2892.09122.40
7:01 AM - 8:00 AM105.792.4888.39109.22
8:01 AM - 9:00 AM86.351.9689.3994.27
9:01 AM - 10:00 AM58.662.9291.0990.26
10:01 AM - 11:00 AM57.8050.2593.2389.84
11:01 AM - 12:00 PM56.5253.3197.8791.17
12:01 PM - 1:00 PM55.9755.12104.2392.03
1:01 PM - 2:00 PM56.5058.67110.1393.36
2:01 PM - 3:00 PM56.5363.57115.7695.25
3:01 PM - 4:00 PM57.8026.45123.91104.30
4:01 PM - 5:00 PM92.4548.57131.52136.96
5:01 PM - 6:00 PM125.85120.79146.52156.40
6:01 PM - 7:00 PM144.90151.38155.70153.00
7:01 PM - 8:00 PM127.62150.96140.27141.37
8:01 PM - 9:00 PM114.50122.63118.35130.78
9:01 PM - 10:00 PM95.5593.62100.45115.22
10:01 PM - 11:00 PM88.2588.1291.21102.03
11:01 PM - 12:00 AM87.0787.1288.5793.34
3 Based on 2019 marginal emission rates determined using the Avoided Cost Calculator (May 2018), which is incorporated herein by reference.

(g)Executive Officer Review of CI Selection. A fuel reporting entity's choice of carbon intensity value from the Lookup Table is subject in all cases to Executive Officer review. The Executive Officer may request any documentation necessary to determine that the pathway conforms to the Lookup Table pathway.
(1) If the Executive Officer has reason to believe that a fuel reporting entity's Lookup Table choice is not the CI value that most closely corresponds to its actual pathway CI, the Executive Officer shall notify the entity through the LRT-CBTS to choose a different pathway from the Lookup Table; or
(2) If the Executive Officer has reason to believe that the Lookup Table does not contain a fuel pathway that closely corresponds with the actual fuel pathway, the Executive Officer will notify the entity accordingly and the fuel reporting entity will not be allowed to use the Lookup Table to generate credits or deficits. In that case, the entity may apply for a Tier 1 or Tier 2 pathway.

Cal. Code Regs. Tit. 17, § 95488.5

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).

1. New section filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).