Validation and verification services must be performed by verification bodies accredited by the Executive Officer; in addition, such services must meet the following requirements (the general term "verification services" includes validation services for fuel pathway applications unless otherwise provided):
(a)Notice of Verification Services. The verification body must submit a notice of validation or verification services to the Executive Officer. For verification bodies, the notice must be submitted to the Executive Officer after the Executive Officer has provided a determination that the potential for a conflict of interest is acceptable, as specified in section 95503(e), and that verification services may proceed. The verification body may begin services for the entity required to contract for verification services after the notice is received by the Executive Officer, but the verification body must allow a minimum of 14 calendar days advance notice of the site visit unless an earlier date is approved by the Executive Officer in writing. In the event that the conflict of interest statement and the notice of verification services are submitted together, services cannot begin until ten calendar days after the Executive Officer has deemed acceptable the potential for conflict of interest as specified in 95503(e).
The verifier's notice must include all the following information:
(1) A list of personnel who will be designated to provide verification services as a verification team, including the names of each designated employee, the lead verifier, and all subcontractors, and a description of the roles and responsibilities each team member will have. The independent reviewer must also be listed separately.(2) Documentation that the verification team has the skills required to provide verification services for the entity required to contract for verification services and type of application or report. The notice must include a demonstration that the verification team includes at least one member with specified competency that is not also the independent reviewer, when required below: (A) Specified competency as evidenced by experience in alternative fuel production technology and process engineering when providing validation services for fuel pathway applications or verification services for Fuel Pathway Reports;(B) Specified competency as evidenced by accreditation by the Executive Officer as an oil and gas systems specialist pursuant to MRR when providing verification services for Quarterly Fuels Transactions Reports submitted by producers and importers of gasoline or diesel, Crude Oil Quarterly and Annual Volumes Reports, and Project Reports as listed in section 95500.(3) General information on the entity required to contract for verifications, including: (A) The entity's name and the facilities and other locations that will be subject to verification services, and the contact, address, telephone number and e-mail address for the entity required to contract for verification services;(B) The LCFS ID(s) for the entity required to contract for verification services;(C) The date(s) of the on-site visit, if required in section 95501(b)(3), with physical address and contact information;(D) A brief description of expected verification services to be performed, including expected completion date, and whether quarterly review is planned in the context of an annual verification requirement.(4) If any of the information under sections 95501(a)(1) or 95501(a)(2) changes after the notice is submitted to the Executive Officer, the verification body must notify the Executive Officer as soon as the change is made and submit an updated notice of verification services. The verification body must also submit an updated conflict of interest self-evaluation form with an updated notice of verification services as soon as the change is made. The conflict of interest must be reevaluated pursuant to section 95503(e) and the Executive Officer must approve any changes in writing.
(b) Verification services must include, but are not limited to, the following: (1)Validation or Verification Plan. The verification team must develop a validation or verification plan based on the following: (A) Information from the fuel pathway applicant, pathway holder, or reporting entity. Such information must include all the following:1. Information to allow the verification team to develop an understanding of facility or entity boundaries, operations, accounting practices, type of LCFS report(s) the entity is responsible for, LCFS regulatory sections they are subject to, other renewable or low carbon fuels markets they participate in, and other mandatory or voluntary auditing programs they are subject to, as applicable;2. Organizational chart and list of key personnel involved in developing applications and reports submitted to the Executive Officer, as specified in section 95500, and their qualifications, including training;3. Description of the specific methodologies used to quantify and report data, as required in this subarticle, which are needed to develop the validation or verification plan, including but not limited to calibration procedures and logs for measurement devices capturing site-specific data;4. Information about the data management systems and accounting procedures used to capture and track data for fuel pathway application and each type of report as needed to develop the validation or verification plan;5. Information about the entities in the supply chain upstream and downstream of the fuel producer that contribute to site-specific CI data, including a list of feedstock suppliers and contact names with physical addresses;6. Evidence demonstrating that any joint applicants are being separately verified and thus are outside the scope of the instant verification services being provided by the verification body; and7. Previous LCFS validation and verification reports, as applicable, and other audit reports including reports from production or management system certifications and internal audits.(B) Timing of verification services. Such information must include: 1. Dates of proposed meetings and interviews with personnel of the entity required to contract for verification services;2. Dates of proposed site visits;3. Types of proposed document and data reviews and, if applicable, how quarterly review is planned in the context of an annual verification requirement;4. Expected date for completing validation or verification services.(2)Planning Meetings with the Entity Required to contract for Verification Services. The verification team must discuss with the entity contracting for verification services the scope of the verification services and request any information and documents needed for the verification services. The verification team must create a draft sampling plan and verification plan prior to the site visit. The verification team must also review the documents provided, and plan and conduct a review of original documents and supporting data for the verification services specified in section 95501.
(3)Site Visits. At least one lead LCFS verifier accredited by the Executive Officer on the verification team must, in addition to one visit to validate an application, annually visit each facility; and, if different from the fuel production facility, the central records location for which the records supporting an application or report subject to verification are submitted. Site visits, included voluntarily as part of a quarterly review, may not substitute for the required site visit for annual verification services, which must occur after all LCFS data for the prior calendar year has been submitted to the Executive Officer and attested to. (A) During site visits, the verification team member(s) must carry out tasks that, in the professional judgment of the team, are necessary, including the following: 1. Review supporting evidence used to develop reports listed in section 95500 submitted to the Executive Officer;2. Interview key personnel, such as process engineers, metering experts, accounting personnel, and project operators, as well as staff involved in compiling data and preparing the LCFS reports;3. Review and understand the data management systems and accounting practices used by the entity to acquire, process, track, and report LCFS data. The verification team member(s) must evaluate the uncertainty and effectiveness of these systems;4. Directly observe production equipment, confirming diagrams for processes, piping, and instrumentation; measurement system equipment; and accounting systems for data types determined in the sampling plan to be high risk;5. Assess conformance with measurement accuracy requirements specified in this subarticle for measurement devices that do not meet criteria for financial transactions meters, assess the reasonableness of temporary measurement methods, assess conformance with the monitoring plan, and assess conformance with data capture requirements specified in this subarticle, if applicable.6. Review financial transactions to confirm complete and accurate reporting.(4)Sampling Plan. As part of validating fuel pathway applications and verifying LCFS reports the verification team must develop a sampling plan that meets the following requirements:(A) The verification team must develop a sampling plan based on a strategic analysis developed from document reviews and interviews to assess the likely nature, scale and complexity of the verification services for the entity required to contract for verification services and type of report. The analysis must include a review of: the inputs for the development of the submitted applications and reports specified in section 95500; the rigor and appropriateness of data management systems; and the coordination within the responsible entity's organization to manage the operation and maintenance of equipment and systems used to complete applications and reports.(B) The sampling plan must include a ranking of data sources by relative contribution to the data type to be assessed for material misstatement and a ranking of data sources with the largest calculation uncertainty, including risk of incomplete reporting, based on type of report or application.(C) The sampling plan must include a qualitative narrative of uncertainty risk assessment in the following areas as applicable in this subarticle: 1. Data acquisition equipment;2. Data sampling and frequency;3. Data processing and tracking;4. Tracking of fuel transportation into California to include modes of transportation and distances traveled, as applicable;5. CI calculations, as applicable;6. Fuel pathway code (FPC) allocation methodology, as applicable;7. Management policies or practices in developing LCFS reports.(D) After completing the analysis required by sections 95501(b)(4)(A) through (C) above, the verification team must include in the sampling plan a list which includes the following: 1. Data sources that will be targeted for document reviews, data checks as specified in 95501(b)(5), and an explanation of why they were chosen;2. Methods used to conduct data checks for each data type;3. A summary of the information analyzed in the data checks and document reviews conducted for each data type. The sampling plan list must be updated and finalized prior to the completion of verification services. The final sampling plan must describe in detail how the identified risks were addressed during the verification. When quarterly reviews are conducted as part of annual verification services, the final sampling plan must describe in detail how the risks and issues identified for the annual data set were addressed during each quarterly review and final annual verification.
(E)Specified Source Feedstocks. Specified source feedstocks included in fuel pathway applications and reports that require third-party verification must be included in the scope of verification services. When a fuel pathway does not require third-party validation or verification, e.g., Lookup Table pathways including hydrogen (gaseous and liquefied) from central SMR of biomethane, specified source feedstocks must be included in the scope of verification of the Quarterly Fuel Transactions Reports. The verification team must use professional judgment and include in its risk assessment and sampling plan its analysis of the need for a desk review or site visit for verification of any entity in the feedstock chain of custody. This analysis must include an evaluation of the need to trace feedstock through feedstock suppliers, including aggregators, storage or pretreatment facilities, and traders or brokers, to the point of origin as required in section 95488.8(g). If an error is detected during data checks of records maintained by the entity required to contract for verification services, the verification team must update its risk assessment and sampling plan to assure specified source feedstock characterization and quantities to the point of origin.(F) The verification team must revise the sampling plan to describe tasks completed by the verification team as information becomes available and potential issues emerge with material misstatement or nonconformance with the requirements of this subarticle.(G) The verification body must retain the sampling plan in paper or electronic format (which includes digital media) for a period of no less than ten years following the submission of each validation or verification statement. The sampling plan must be made available to the Executive Officer upon request.(H) The verification body must retain all material received, reviewed, or generated to render a validation or verification statement for the entity required to contract for verification services for a period of no less than ten years. The documentation must allow for a transparent review of how a verification body reached its conclusion in the validation or verification statement, including independent review.(5)Data Checks. To determine the reliability of the submitted data, the verification team must conduct data checks. Such data checks must focus on the most uncertain data and on data with the largest contributions to greenhouse gas emissions (including life cycle greenhouse gas emissions) and greenhouse gas emission reductions. The selection of data checks must meet all the following criteria:(A) The verification team must use data checks to ensure that the appropriate methodologies have been applied for the data submitted in applications and reports required in this subarticle;(B) The verification team must choose data checks to ensure the accuracy of the data submitted in applications and reports required in this subarticle;(C) The verification team must choose data checks based on the relative contribution to greenhouse gas emissions or reductions and the associated risks of contributing to material misstatement or nonconformance, as indicated in the sampling plan;(D) The verification team must use professional judgment in establishing the extent of data checks for each data type, as indicated in the sampling plan, which are needed for the team to conclude with reasonable assurance whether the data type specified for the application or report is free of material misstatement. At a minimum, the data checks selected by the verification team must include the following: 1. Tracing data in the application or report to its origin;2. Reviewing the procedure for data compilation and collection;3. Recalculating intermediate and final data to check original calculations;4. Reviewing calculation methodologies used by the entity required to contract for verification services for conformance with this subarticle; and5. Reviewing meter and analytical instrumentation measurement accuracy and calibration for consistency with the requirements of this subarticle.(E) The verification team is responsible for determining via data checks whether there is reasonable assurance that the application or report conforms to the requirements of this subarticle.(F) The verification team must compare its own calculated results with the submitted data in order to confirm the extent and impact of any omissions and errors. Any discrepancies must be investigated. The comparison of data checks must also include a narrative to indicate which data were checked, the quantity of data evaluated for each data type, the percentage of reported source data covered by the data checks, and any separate discrepancies that were identified in the application or report.(6)Application and Report Modifications. As a result of data checks by the verification team and prior to completion of a validation or verification statement, the entity required to contract for verification services must fix all correctable errors that affect the data submitted in the application or reports specified in section 95500 and submit a revised application or report to the Executive Officer. Failure to do so before completion of verification services will result in an adverse verification statement. Failure to fix misreported data that do not affect credit or deficit calculations represents a nonconformance with this subarticle but does not, absent other errors, result in an adverse validation or verification statement. The verification team must use professional judgment in identifying correctable errors as defined in section 95481(a), including determining whether differences are not errors but result from truncation or rounding or averaging.
The verification team must document the source of any difference identified, including whether the difference results in a correctable error or on the other hand, was the result of truncation, rounding, or averaging.
(7)Findings. To verify that the application or report is free of material misstatements, the verification team shall make its own calculation of the specified data types reported by substituting the checked data from 95501(b)(5). The verification team must determine whether there is reasonable assurance that the application or report does not contain a material misstatement, as defined for each application or report type in section 95481, and calculated pursuant to section 95501(b)(9) through (11), using the units required by the applicable parts of this subarticle. To assess conformance with this subarticle, the verification team must review the methods and factors used to develop the application or report for adherence to the requirements of this subarticle and identify whether other requirements of this subarticle are met.(8)Log of Issues. The verification team must keep a log that documents any issues identified in the course of verification services that may affect determinations of material misstatement and nonconformance, whether identified by the verifier, the entity required to contract for verification services, or the Executive Officer, regarding the original or subsequent application or report versions. The issues log must identify the regulatory section related to the nonconformance or potential nonconformance, if applicable, and indicate if the issues were corrected by the entity required to contract for verification services prior to completing the verification services. Any other concerns that the verification team has with the preparation of the application or report must be documented in the issues log and communicated to the entity required to contract for verification services during the course of the verification services. The log of issues must indicate whether each issue has a potential bearing on material misstatement, nonconformance, or both and whether an adverse verification statement may result if not addressed. If quarterly review is conducted before an annual verification, any issues identified must be formalized pursuant to this subsection in the log of issues during the quarterly review. The log of issues for the annual verification must include the cumulative record of issues from all quarterly reviews, as well as the annual verification.(9)Material Misstatement Assessments for Fuel Pathways and Quarterly Fuel Transactions. Assessments of material misstatement are conducted separately on each calculated operational CI value and each quarterly fuel transaction quantity per FPC (expressed in units from the applicable sections of this subarticle). Material misstatement assessments are not conducted for quarterly review.(A)Operational CI. In assessing whether a fuel pathway application or fuel pathway report contains a material misstatement, as defined in section 95481(a), the verification team must populate a controlled version of the Simplified CI Calculator for Tier 1 pathways, or CARB-approved CA-GREET3.0 for Tier 2 pathways, and determine whether any reported operational CI value contains a material misstatement using the following equations for relative error threshold and absolute error threshold. The following calculations of relative error threshold, absolute error threshold, and percent error must be included in the final verification report pursuant to section 95501(c)(3)(A)8.
Each fuel pathway CI is subject to data checks in section 95501(b)(5) and must be assessed separately for material misstatement. One or more material misstatements results in a finding of material misstatement for the fuel pathway application or for the fuel pathway report.
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Relative error threshold (CI)
= ¦ Difference in CI ¦ >= 0.05 x ¦ Reported Operational CI Value ¦ Absolute error threshold (CI)
= ¦ Difference in CI ¦ >= 2 gCO2e/MJ
where:
"Difference in CI" means the absolute value result of the reported operational CI minus the verifier's calculation of CI. The verifier's calculation of CI is based on site-specific data inputs modified to include discrepancies, omissions, and misreporting found during the course of verification services;
"Discrepancies" means any differences between the reported site-specific CI inputs and the verifier's calculated site-specific CI inputs subject to data checks in section 95501(b)(5);
"Omissions" means any site-specific CI inputs or associated source data the verifier concludes must be part of the fuel pathway application or fuel pathway report, but were not included;
"Misreporting" means duplicate, incomplete or other CI input data the verifier concludes should, or should not, be part of the fuel pathway application or fuel pathway report; and
"¦ Reported Operational CI Value ¦" means the absolute value of the operational CI submitted in the fuel pathway application or fuel pathway report.
(B)Quarterly Fuel Transaction Quantities per FPC. In assessing whether a quarterly fuel transaction report contains a material misstatement, as defined in section 95481(a), the verification team must determine whether any quarterly fuel transaction quantity per FPC specified in section 95500(c)(1) contains a material misstatement using the following equation. The reported quarterly fuel transaction quantity for an FPC contains a material misstatement if the 5 percent error threshold is exceeded. The following calculation of percent error must be included in the final verification report pursuant to section 95501(c)(3)(A)8. Each aggregated quarterly fuel quantity per FPC is subject to data checks in section 95501(b)(5) and must be assessed separately for material misstatement. One or more material misstatements results in a finding of material misstatement for the verification period.
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where:
"Discrepancies" means any differences between the fuel quantity for the FPC reported in the Quarterly Fuel Transactions Report and the verifier's calculation of fuel quantity subject to data checks in section 95501(b)(5);
"Omissions" means any fuel quantity the verifier concludes must be part of the Quarterly Fuel Transactions Report, but was not included;
"Misreporting" means duplicate, incomplete or other fuel quantity data the verifier concludes should, or should not, be part of the Quarterly Fuel Transactions Report; and
"Reported Quarterly Fuel Transaction Quantity for FPC" means the total of all reported fuel quantities for each FPC for each transaction type specified in section 95500(c)(1) for each quarter for which the verifier is conducting a material misstatement assessment.
(C) When evaluating material misstatement, verifiers must deem correctly substituted missing data to be accurate, regardless of the amount of missing data.(10)Material Misstatement Assessment for Project Reports (Project-based Crediting).(A) Verification services, including assessment of material misstatement, are conducted separately for each Project Report. In assessing whether a Project Report contains a material misstatement, as defined in section 95481(a), the verification team must determine whether the greenhouse gas reductions quantified and reported in the Project Report contain a material misstatement using the following equation. Any discrepancies, omissions, or misreporting found by the verification team must include the positive or negative impact on the total reported greenhouse gas emission reductions when entered in the material misstatement equation. The reported project data contain a material misstatement if the 5 percent error threshold is exceeded. The following calculation of percent error must be included in the final verification report pursuant to section 95501(c)(3)(A)8.
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where:
"Discrepancies" means any differences between the reported greenhouse gas emissions reductions in the Project Report and the verifier's calculated value based on data checks required in section 95501(b)(5);
"Omissions" means any greenhouse gas emissions, excluding any greenhouse gas reductions, the verifier concludes must be part of the Project Report, but were not included;
"Misreporting" means duplicate, incomplete or other greenhouse gas emissions or reductions data the verifier concludes should, or should not, be part of the Project Report;
"Reported GHG emissions reduction" means the total of all greenhouse gas emissions reductions reported in the Project Report for which the verifier is conducting a material misstatement assessment.
(B) When evaluating material misstatement, verifiers must deem correctly substituted missing data to be accurate, regardless of the amount of missing data.(11)Material Misstatement Assessment for Low-Complexity/Low-Energy-Use Refinery Reports.(A) Verifications and assessments of material misstatement are conducted separately for volumes of CARBOB produced from crude oil and for volumes of diesel produced from crude oil for the calendar year. In assessing whether a Low-Complexity/Low-Energy-Use Refinery Report contains a material misstatement, as defined in section 95481(a), the verification team must determine whether the Low-Complexity/Low-Energy-Use refinery data specified in this subarticle contains a material misstatement using the following equation. Any discrepancies, omissions, or misreporting found by the verification team must include the positive or negative impact on the total CARBOB or diesel volume produced from crude oil when entered in the material misstatement equation. The reported refinery data contain a material misstatement if the 5 percent error threshold is exceeded. The following calculation of percent error must be included in the final verification report pursuant to section 95501(c)(3)(A)8.
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where:
"Discrepancies" means any differences between the sum of the quarterly volumes of CARBOB or diesel produced from crude oil reported in the Low-Complexity/Low-Energy-Use Refinery Report and the verifier's calculation based on data checks in section 95501(b)(5);
"Omissions" means any volume of CARBOB or diesel produced from crude oil or associated source data the verifier concludes must be part of the Low-Complexity/Low-Energy-Use Refinery Report, but was not included;
"Misreporting" means duplicate, incomplete or other refinery data the verifier concludes should, or should not, be part of the Low-Complexity/Low-Energy-Use Refinery Report;
"CARBOB or Diesel Volume Produced from Crude Oil" means the sum of the quarterly volumes of CARBOB or diesel produced from crude oil in a calendar year reported in the Low-Complexity/Low-Energy-Use Refinery Report for which the verifier is conducting a material misstatement assessment.
"CARBOB Volume Produced from Crude Oil" and "Diesel Volume Produced from Crude Oil" are separately subject to data checks in section 95501(b)(5) and must be assessed separately for material misstatement. One or more material misstatements results in a finding of material misstatement for the Low-Complexity/Low-Energy-Use Refinery Report.
(B) When evaluating material misstatement, verifiers must deem correctly substituted missing data to be accurate, regardless of the amount of missing data.(12)Crude Oil Quarterly and Annual Volumes Reports. Material misstatement assessment does not apply to data submitted in crude oil quarterly and annual volumes reports, but the data must be assessed for reasonable assurance of conformance with this subarticle.(13)Review of Missing Data Substitution. If a source selected for a data check was affected by a loss of data used for the reported data in the application or report, pursuant to this subarticle:(A) The verification team must confirm that the reported data were calculated using: 1. the applicable missing data procedures, or2. a reasonable temporary method, or3. an Executive Officer approved alternate method.(B) The verifier must note the date, time and source of any missing data substitutions discovered during the course of verification in the validation or verification report.(c) Completion of verification services must include: (1)Validation or Verification Statement. Upon completion of the verification services specified in section 95500, the verification body must complete a validation or verification statement, and provide its statement to the entity required to contract for verification services and Executive Officer by the applicable verification deadline specified in section 95500. Before the validation or verification statement is completed, the verification services and findings of the verification team must be independently reviewed by an employee of the verification body who is an accredited lead verifier not involved in verification services for the entity required to contract for verification services during that application period or reporting period.(2)Independent Review. The independent reviewer must serve as a final check on the verification team's work to identify any significant concerns, including: (B) Errors in data sampling, and(C) Errors in judgment by the verification team that are related to the draft validation or verification statement. The independent reviewer must maintain independence from the verification services by not making specific recommendations about how the verification services should be conducted. The independent reviewer will review documents applicable to the services provided, and identify any failure to comply with requirements of this subarticle or with the verification body's internal policies and procedures for providing verification services. The independent reviewer must concur with the verification findings before the validation or verification statement is issued.
(3)Completion of Findings and Validation or Verification Report and Statement. The verification body is required to provide each entity required to contract for verification services with the following:(A) A detailed validation or verification report, which must at a minimum include: 1. A detailed description of the facility or entity including all data sources and boundaries;2. A detailed description of the data management system and accounting procedures;3. A detailed description of entities in the supply chain contributing CI parameters;4. The validation or verification plan;5. The detailed comparison of the data checks conducted during verification services;6. The log of issues identified in the course of verification services and their resolution;7. Any qualifying comments on findings during verification services;8. Findings of omissions, discrepancies, and misreporting and the material misstatement calculations required in section 95501(b)(9) through (11).(B) The validation or verification report must be submitted to the entity required to contract for verification services at the same time as or before the final validation or verification statement is submitted to the Executive Officer. The detailed validation or verification report must be made available to the Executive Officer upon request.(C) The verification team must have a final discussion with the entity required to contract for verification services explaining its findings, and notify the entity required to contract for verification services of any unresolved issues noted in the issues log before the validation or verification statement is finalized.(D) The verification body must provide the validation or verification statement to the entity required to contract for verification services and the Executive Officer, attesting whether the verification body has found the submitted application or report to be free of material misstatement, and whether the application or report is in conformance with the requirements of this subarticle. For every qualified positive validation or verification statement, the verification body must explain the nonconformances contained within the application or report, and must cite the section(s) in this subarticle that corresponds to the nonconformance and why the nonconformances do not result in a material misstatement. For every adverse validation or verification statement, the verification body must explain all nonconformances or material misstatements leading to the adverse validation or verification statement and must cite the sections in this subarticle that correspond to the nonconformance and material misstatements.(E) The lead verifier on the verification team must attest that the verification team has carried out all verification services as required by this subarticle. The lead verifier who has conducted the independent review of verification services and findings must attest to his or her independent review on behalf of the verification body and his or her concurrence with the findings.1. The lead verifier must attest in the validation or verification statement, in writing, to the Executive Officer as follows: "I certify under penalty of perjury under the laws of the State of California that the verification team has carried out all validation or verification services as required by this subarticle."
2. The lead verifier who has conducted the independent review of verification services and findings must attest in the validation or verification statement, in writing, to the Executive Officer as follows: "I certify under penalty of perjury under the laws of the State of California that I have conducted an independent review of the validation or verification services and findings on behalf of the verification body as required by this subarticle and that the findings are true, accurate, and complete."
(4)Adverse validation or verification statement and petition process. Prior to the verification body providing an adverse validation or verification statement for the application or report to the Executive Officer, the verification body must notify the entity required to contract for verification services and the entity required to contract for verification services must be provided at least 14 calendar days to modify the application or report(s) to correct any material misstatement or nonconformances found by the verification team. The verification body must provide notice to the Executive Officer of the potential for an adverse validation or verification statement at the same time it notifies the entity required to contract for verification services, and include a current issues log. The modified application or report and validation or verification statement must be submitted to the Executive Officer before the verification deadline, even if the entity required to contract for verification services makes a request to the Executive Officer as provided below in section 95501(c)(4)(A). (A) If the entity required to contract for verification services and the verification body cannot reach agreement on modifications to the data that result in a positive validation or verification statement, the responsible entity may, before the validation or verification deadline and before the validation or verification statement is submitted, petition the Executive Officer to make a final decision as to the verifiability of the submitted application or report. At the same time that the entity required to contract for verification services petitions the Executive Officer, the entity required to contract for verification services must submit all information it believes is necessary for the Executive Officer to make a final decision.(B) The Executive Officer shall make a final decision no later than October 31st following the submission of a petition pursuant to section 95501(c)(4)(A). If at any point the Executive Officer requests information from the verification body, or the entity required to contract for verification services, the information must be submitted to the Executive Officer within ten calendar days. The Executive Officer will notify the entity required to contract for verification services and the verification body of its determination.(d)Validated Applications and Verified Reports Considered Final by the Executive Officer. Upon provision of a validation or verification statement to the Executive Officer, the reported data is deemed final by the Executive Officer. No changes may be made to the application or report as submitted to the Executive Officer, and all verification requirements of this subarticle shall be considered complete except in the circumstance specified in section 95501(e).(e)Set Aside of Validation or Verification Statement. If the Executive Officer finds a high level of conflict of interest existed between a verification body and a reporting entity, an error is identified, or an application or report that received a positive or qualified positive verification statement fails an audit by the Executive Officer, the Executive Officer may set aside the positive or qualified positive verification statement issued by the verification body, and require the reporting entity to have the report re-verified by a different verification body within 90 calendar days. In instances where an error to a report is identified and determined by the Executive Officer to not affect the final value submitted in the application or report, the change may be made without a set aside of the positive or qualified positive verification statement.(f)Executive Officer Audits and Data Requests to the Entity Required to Contract for Verification Services. Upon request by the Executive Officer, the entity required to contract for verification services must provide the data used to generate the application or report including all data available to a verifier in the conduct of validation or verification services, within 14 calendar days. Upon written notification by the Executive Officer, the entity required to contract for verification services must make available for an Executive Officer audit itself, its personnel, and other entities in its feedstock and finished fuel supply chain, as applicable.(g)Executive Officer Audits and Data Requests to the Verification Body. Upon request by the Executive Officer, the verification body must provide the Executive Officer the validation or verification report given to the entity required to contract for verification services, as well as the sampling plan, contracts for verification services, and any other supporting documents and calculations, within 14 calendar days. Upon written notification by the Executive Officer, the verification body must make itself and its personnel available for an Executive Officer audit.Cal. Code Regs. Tit. 17, § 95501
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).