1. (a) Measurement Accuracy

   1. (1) Calibration Requirement. All measurement devices that log or record data must comply with the manufacturer-recommended calibration frequency and precision requirements. If manufacturer-recommendations are not provided, the measurement devices must be calibrated every six years.

      1. (A) All flow meters and other measurement devices that provide data used to calculate LCFS credits must be calibrated according to the manufacturer's recommended procedures. If manufacturer's recommended procedures do not exist, then a method that meets the ±5.00 percent accuracy requirements of this section must be documented in the monitoring plan required under section 95488.10(c). The calibration method(s) used must be documented in the monitoring plan, and are subject to verification under this subarticle and review by the Executive Officer to ensure that measurements used to calculate LCFS credits have met the accuracy requirements of this section.
      2. (B) All flow meter and other measurement devices covered by this section, regardless of type, must be selected, installed, operated, and maintained in a manner to ensure accuracy within ±5.00 percent.

   2. (2) Requests to Postpone Calibration. For units and processes that operate continuously with infrequent outages, it may not be possible to meet manufacturer-recommended calibration deadlines for measurement devices. In such cases, the owner or operator may submit a written request to the Executive Officer to postpone calibration or inspection until the next scheduled maintenance outage. Such postponements are subject to the procedures of subsections (A) and (B) below and must be documented in the monitoring plan.

      1. (A) A written request for postponement must be submitted to the Executive Officer not less than 30 days before the required calibration, recalibration, or inspection date. The Executive Officer may request additional documentation to validate the operator's claim that the device meets the accuracy requirements of this section. The operator shall provide any additional documentation to CARB within 14 days of a request by CARB.

      2. (B) The request must include:

         1. 1. The date of the required calibration, recalibration, or inspection;
         2. 2. The date of the last calibration or inspection;
         3. 3. The date of the most recent field accuracy assessment, if applicable;
         4. 4. The results of the most recent field accuracy assessment, if applicable, clearly indicating a pass/fail status;
         5. 5. The proposed date for the next field accuracy assessment, if applicable;
         6. 6. The proposed date for calibration, recalibration, or inspection which must be during the time period of the next scheduled shutdown. If the next shutdown will not occur within three years, this must be noted and a new request must be received every three years until the shutdown occurs and the calibration, recalibration, or inspection is completed;

         7. 7. A description of the meter or other device, including at a minimum:

            1. a. Make;
            2. b. Model;
            3. c. Install date;
            4. d. Location;
            5. e. Parameter measured by the meter or other device, including the data capture rate;
            6. f. Description of how data from the meter or other device is used;
            7. g. Calibration or inspection procedure;
            8. h. Reason for delaying calibration or inspection;
            9. i. Proposed method to ensure that the precision requirements listed by the manufacturer are upheld;
            10. j. Name, title, phone number and e-mail of contact person capable of responding to questions regarding the device.

2. (b) Missing Data Provisions.

   1. (1) Meter Record, Accuracy, or Calibration Requirements Not Met. If a measurement device is not functional, not calibrated within the time period recommended by the manufacturer, fails a field accuracy assessment, or otherwise does not meet the measurement accuracy requirements of this section, the reporting entity must use the missing data provisions specified in subsection (b)(2) below.

   2. (2) Missing Data Provisions.

      1. (A) For Fuel Pathway Applications, Annual Fuel Pathway Reports, and Quarterly Fuel Transactions Reports, the missing data substitution methods in Table 13 shall be used.

         Table13. Missing Data Substitution Requirements

         Data Capture Rate

         Data Substitution Method

         > 95.00%

         Average of quality assured values from 30 days before and after

         >90.00-95.00%

         Use the 10^th or 90^th percentile of quality assured values from the current data year, whichever is more conservative

         80.00-90.00%

         Use the highest or lowest quality assured value from current data year, whichever is more conservative

         < 80.00%

         Use the highest or lowest quality assured value from the previous two years, whichever is more conservative.

         The data capture rate for the data year must be calculated as follows:

         Data capture rate = S / T x 100%

         Where:

         S = Number of measurement periods (e.g., days or weeks) in the data year for which valid measurements are available. Do not include monitoring periods with no activity.

         T = Total number of measurement periods (e.g., days or weeks) in the data year.

         If all the quality assured data for the time periods required under Table 13 do not exist or it is not possible to replace the data using the methods in Table 13, the reporting entity must request approval from the Executive Officer to use an alternate method as early as possible but no later than 10 days after submitting their annual or quarterly report.

      2. (B) For report types not identified in subsection (b)(2)(A) above, if missing data exists, the entity may use a temporary method for a period not to exceed six months, or may submit for Executive Officer approval an alternate method of reporting the missing data as early as possible but no later than 10 days after report submittal. Alternate methods are required in all instances where missing data exceeds six months. The Executive Officer will review the alternate method to determine if it meets the ±5.00 percent accuracy requirements of this section. If the alternate method meets the accuracy requirements, the Executive Officer will approve the alternative method. If the alternate method is not capable of meeting the accuracy requirements, the entity must apply a conservative factor in the alternative method. For alternative methods that cannot meet the ±5.00 percent accuracy requirements, the entity must apply a conservative factor of 5.00 percent per month of missing data to a maximum of 50.00 percent to the replacement value. For the first month of missing data, a 5.00 percent factor will be applied, for the second month of missing data a 10.00 percent factor will be applied, and so on, until, beginning the tenth month of missing data, a 50.00 percent conservative factor is applied for the duration of the alternative method. The conservative factor does not reset across quarters or years.
      3. (C) If alternate method requests are not submitted within the timeframes identified in this section, no reporting entity may generate LCFS credits associated with the time period for which there is missing data. For deficit generating entities that do not submit an alternate method request within the timeframes identified in this section, the Executive Officer will assign a conservative alternate method for use during the missing data timeframe using the requirements of Table 13.
      4. (D) Replacement of missing data that utilize methods that extend beyond a quarter do not constitute retroactive crediting per section 95486(a)(2).
   3. (3) Force Majeure Events. In the event of a facility shutdown or disruption drastically affecting production attributable to a force majeure event, the Executive Officer must be notified within 90 days of the beginning of the shutdown or disruption. The Executive Officer may request additional supporting documents demonstrating the connection between the shutdown or disruption and the force majeure event. Entities must include operational data from the force majeure period when submitting applicable reports for quarterly or annual verification.

All Fuel Pathway Applications, Annual Fuel Pathway Reports, Quarterly Fuel Transactions Reports, Crude Oil Quarterly and Annual Volumes Reports, Project Reports, and Low-Complexity/Low-Energy-Use Refinery Reports subject to third-party validation and verification must meet the following requirements:

Note: Authority cited: Sections 38510, 38530, 38560, 38560.5, 38562.2, 38571, 38580, 39600, 39601, 41510, 41511 and 43018, Health and Safety Code. 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; 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).

History

1. New section filed 6-27-2025; operative 7-1-2025 (Register 2025, No. 26).