Sec. 2293.2 - Definitions

§ 2293.2. Definitions

(a) For the purposes of this subarticle, the definitions in Health and Safety Code sections 39010 through 39060 shall apply, except as otherwise specified in this subarticle. The following definitions shall also apply to this subarticle:

(1) "Alternative Diesel Fuel" or "ADF" means any fuel used in a compression ignition engine that is not petroleum-based, does not consist solely of hydrocarbons, and is not subject to a specification under subarticle 1 of this article.

(2) "Biodiesel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats that is 99-100 percent biodiesel by volume (B100 or B99) and meets the specifications set forth by ASTM International in the latest version of Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels D6751 contained in the ASTM publication entitled: Annual Book of ASTM Standards, Section 5, as defined in CCR, title 4, section 4140(a).

(3) "Biodiesel Blend" means biodiesel blended with CARB diesel.

(4) "Blend Level" means the ratio of an ADF to the CARB diesel it is blended with, expressed as a percent by volume. The blend level may also be expressed as "AXX," where "A" represents the particular ADF and "XX" represents the percent by volume that ADF is present in the blend with CARB diesel (e.g., a 20 percent by volume biodiesel/CARB diesel blend is denoted as "B20").

(5) "Blendstock" means a component that is either used alone or is blended with another component(s) to produce a finished fuel used in a motor vehicle. A blendstock that is used directly as a transportation fuel in a vehicle is considered a finished fuel.

(6) "B5" means a biodiesel blend containing no more than five percent biodiesel by volume.

(7) "B20" means a biodiesel blend containing more than five and no more than 20 percent biodiesel by volume.

(8) "Candidate ADF" means a fuel that is in the Stage 1 or Stage 2 evaluation process in this subarticle.

(9) "CARB Diesel" means a light or middle distillate fuel that may be comingled with up to five (5) volume percent biodiesel and meets the definition and requirements for "diesel fuel" or "California nonvehicular diesel fuel" as specified in CCR, title 13, division 3, chapter 5, article 2 (commencing with section 2281). "CARB diesel" may include: renewable hydrocarbon diesel; gas-to-liquid fuels; Fischer-Tropsch diesel; diesel fuel produced from renewable crude; CARB diesel blended with additives specifically formulated to reduce emissions of one or more criteria or toxic air contaminants relative to reference CARB diesel; and CARB diesel specifically formulated to reduce emissions of one or more criteria or toxic air contaminants relative to reference CARB diesel.

(10) "Criteria Pollutant" means any air pollutant for which a California ambient air quality standard (CAAQS) or a national ambient air quality standard (NAAQS) has been established.

(10.5) "Designated Equivalent Limits Diesel" means a commercial California diesel fuel or blend of commercial California diesel fuels, produced at a California refinery or refineries, that meets the requirements of 13 CCR 2282(h) and may contain 2-ethyl-hexyl nitrate. Designated Equivalent Limits Diesel does not contain biodiesel or di-tert-butyl peroxide (DTBP).

(10.6) "Diesel Test Fuel" means a fuel against which alternative diesel fuels are tested for emission-equivalency and certification. Designated Equivalent Limits Diesel and Reference CARB Diesel are Diesel Test Fuels.

(10.7) "Emissions Test Facility" means an independent test facility that conducts dynamometer exhaust emissions testing for certification of alternative diesel fuels or additives resulting in emissions equivalence with diesel.

(11) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her designee.

(12) "Executive Order" or "EO" means a document signed by the Executive Officer or his or her designee under this subarticle that:

a) provides an exemption from in-use requirements,

b) approves a formulation under the certification procedures as an equivalent CARB diesel formulation, or

c) specifies the stage under which a regulated party(ies) for an ADF or candidate ADF is or will be operating. An Executive Order includes any enforceable terms, conditions, and requirements that the regulated party(ies) must meet in order to sell, offer for sale, or supply that ADF or candidate ADF for use in California.

(13) "Finished Fuel" means a fuel that is used directly in a vehicle for transportation purposes without requiring additional chemical or physical processing.

(14) "Fuel Blender" means any person who blends an ADF with another fuel.

(15) "Hydrocarbon" means any homogeneous mixture with elemental composition primarily of hydrogen and carbon that may contain residual impurities.

(15.5) "Independent Laboratory" means a facility that tests composition and fuel properties for each candidate fuel and each component of each candidate fuel received from the emissions test.

(16) "Importer" has the same meaning as defined in the Low Carbon Fuel Standard regulation at CCR, title 17, section 95481(a).

(17) "Multimedia Evaluation" has the same meaning as defined in California Health and Safety Code section 43830.8(b).

(18) "New Technology Diesel Engine" or "NTDE" means a diesel engine that meets at least one of the following criteria:

(A) Meets 2010 ARB emission standards for on-road heavy duty diesel engines under section 1956.8.

(B) Meets Tier 4 emission standards for non-road compression ignition engines under sections 2421, 2423, 2424, 2425, 2425.1, 2426, and 2427.

(C) Is equipped with or employs a Diesel Emissions Control Strategy (DECS), verified by ARB pursuant to CCR, title 13, chapter 14 (commencing with section 2700), which uses selective catalytic reduction to control Oxides of Nitrogen (NOx).

(19) "Offsetting Factors" means any factors in the commercial market that serve to offset the emissions of a pollutant from the use of an ADF. Offsetting factors may include, but are not limited to, the use of:

(A) Specific vehicle technologies such as NTDEs that have been proven to reduce emissions of the pollutant;

(B) Fuels that reduce emissions of the pollutant; and

(C) Feedstocks that have been shown to reduce or eliminate increases in the pollutant.

(20) "Person" has the same meaning as defined in California Health and Safety Code section 39047 and includes, but is not limited to, ADF producers, importers, marketers and blenders. "Person" includes the plural when two or more persons are subject to an executed Executive Order or an interim or final fuel specification issued pursuant to the requirements of this subarticle.

(21) "Pollutant Control Level" means a blend level of an ADF above which per gallon in-use requirements have been established by regulation to ensure there will be no increases in one or more criteria pollutants when compared to emissions from Reference CARB Diesel.

(22) "Potential Adverse Emissions Impacts" means for any given ADF or ADF blend, any criteria pollutant for which testing during a multimedia evaluation results in statistically significant increases of that criteria pollutant above an appropriate baseline for that ADF.

(23) "Producer" has the same meaning as defined in the Low Carbon Fuel Standard regulation at CCR, title 17, section 95481(a).

(24) "Reference CARB Diesel" means "reference fuel" as defined in section 2282(g)(3).

(25) "Renewable hydrocarbon diesel" means a diesel fuel that is produced from nonpetroleum renewable resources but is not a mono-alkyl ester and which is registered as a motor vehicle fuel or fuel additive under 40 Code of Federal Regulations part 79.

(26) "Toxic Air Contaminant" means any substance identified or designated by the Air Resources Board as a toxic air contaminant pursuant to California Health and Safety Code section 39657, or is designated as a hazardous air pollutant under section 112 of the federal Clean Air Act (42 U.S.C. § 7412).

(27) "Trade Secret" has the same meaning as defined in California Government Code section 6254.7.

(b) List of Acronyms and Abbreviations

AAQS

Ambient Air Quality Standards

Alternative Diesel Fuel or Fuels

  

API

American Petroleum Institute

ARB or Board

California Air Resources Board

ASTM

ASTM International formerly known as American Society for Testing and Materials

CCR

California Code of Regulations

CI

Carbon Intensity

EO

Executive Order

EmFAC

ARB's Emission (Em) Factors (FAC) Model

FAME

Fatty Acid Methyl Esters

GVWR

Gross Vehicle Weight Rating

H&SC

California Health and Safety Code

LRT

Low Carbon Fuel Standard Reporting Tool

MMWG

Multimedia Working Group

NOx

Oxides of Nitrogen

NTDE

New technology diesel engines

PM

Particulate Matter

ppm

Parts per Million

U.S. EPA

U.S. Environmental Protection Agency

(1. New section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47). 2. New subsections (a)(10.5)-(10.7) and (a)(15.5) and amendment of Note filed 5-3-2021; operative 5-3-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; 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 39000, 39001, 39002, 39003, 39010, 39500, 39515, 40000, 43000, 43016, 43018, 43101, 43830.8 and 43865, Health and Safety 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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