Cal. Code Regs. tit. 13 § 2710

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 2710 - Verification of Emission Reductions for Alternative Diesel Fuels and Fuel Additives

(a) Applicability. This section applies to in-use strategies that include emission reductions from the use of alternative diesel fuels or fuel additives. The requirements in this section are in addition to those in Sections 2700-2709, except as specifically noted.

(b) Alternative Diesel Fuel and Fuel Additive Proposed Test Protocol. The applicant must submit a proposed test protocol which includes:

(1) References to criteria pollutant and toxic emissions sampling and analyses that are consistent with the requirements of Section 2703.

(2) Description and Parameters of Alternative Diesel Fuels and Fuel Additives.

(A) The applicant must describe the applicability of the alternative diesel fuel or fuel additive to diesel engines and identify any requirements for engine or fuel system modifications.

(B) The applicant must provide a general description of the alternative diesel fuel or fuel additive that includes the fuel type, fuel characteristics, fuel properties, fuel formulation, and chemical composition. The applicant for the candidate alternative diesel fuel or fuel additive must specify the following:

1. Identity, chemical composition, and concentration of fuel additives

2. Sulfur content

3. Total aromatic content

4. Total polycyclic aromatic hydrocarbon content

5. Nitrogen content

6. API gravity (density)

7. Distillation temperature distribution information, initial boiling point (IBP),

8. 10% recovered (REC), 5O% REC, 90% REC, and end point (EP)

(C) The applicant must provide information on the candidate alternative diesel fuel or fuel additive that may affect engine performance, engine wear, and safety. The applicant for the candidate alternative diesel fuel or fuel additive must specify the following:

1. Viscosity (engine performance)

2. Fuel volatility (engine performance)

3. Ignition quality (engine performance)

4. Fuel operating temperatures (engine performance)

5. Engine wear tendencies (engine wear)

6. Corrosion (engine wear)

7. Lubricity (engine wear)

8. Fuel flash point (safety)

(D) The applicant must provide information on the candidate alternative diesel fuel or fuel additive to determine if there are chemicals in the fuel or fuel additive that may increase levels of toxic compounds or potentially form toxic compounds in the fuel or fuel additive. The applicant will conduct an analysis for metals and elements by a method specified by the applicant. Copper, iron, cerium, lead, cadmium, chromium, and phosphorus must be included in the analysis. Additional analysis for other toxic compounds may be required after reviewing the chemical composition of the candidate alternative diesel fuel and its additives or fuel additive. (Note: For alternative diesel fuels or fuel additives that are in part comprised of standard diesel fuel, such as emulsified diesel fuels, a toxic analysis of the diesel base fuel is not necessary).

(E) With the approval of the Executive Officer or designee, an applicant may also specify different fuel parameters and test methods that are appropriate to better characterize the candidate alternative diesel fuel or fuel additive.

(3) Upon review of the proposed test protocol, the Executive Officer or designee may require additional fuel components, parameters, and specifications to be determined.

(4) Reference Fuel Specifications. The reference fuel used in the comparative testing described in Section 2710(d) allows the applicant three options in selecting a reference fuel.

(A) Option (1). The first option is to use a 10 percent aromatic California diesel reference fuel. The reference fuel must be produced from straight-run California diesel fuel by a hydrodearomatization process and must have the characteristics set forth below under "Reference Fuel Specifications" (the listed ASTM methods are incorporated herein by reference).

(B) Option (2). The second option is to make the reference fuel from a custom blend using a "like" California diesel fuel made from a straight-run California diesel fuel by a hydroaromatization process and must have the characteristics set forth below under "Reference Fuel Specifications." In addition the reference fuel must exhibit the bell shaped distillation curve characteristic of diesel fuel and no chemical feedstocks or pure chemicals such as solvents can be used as blend stocks. Details of the source and specifications of the feedstocks must be provided in the protocol and the processes and diesel feedstocks used to make the reference fuel must be reviewed and approved by the Executive Officer.

(C) Option (3). For alternative diesel fuels and fuel additives that contain diesel as a base fuel such as emulsified diesel fuel and 80:20 biodiesel fuel (80 percent diesel/20 percent biodiesel), the base diesel fuel used to make the alternative diesel fuel or fuel additive can be used in place of the 10 percent aromatic California diesel reference fuel. The base diesel fuel must be a certified, commercially available diesel fuel sold in California. The sulfur content, aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content, nitrogen content, natural cetane number, API gravity, viscosity, and distillation specifications must be provided for the base diesel fuel used for the reference fuel.

Table 6. Fuel Test Methods and Reference Fuel Specifications

*Property*	*General Reference Fuel Specifications*	*ASTM Test Method*

Sulfur Content	15 ppm max	D5453-93

Aromatic Hydrocarbon content, Vol. %	10% max	D5186-96

Polycyclic Aromatic Hydrocarbon content, Wt. %	1.4% max	D5186-96

Nitrogen Content	10 ppm max	D4629-96

Natural Cetane Number	48 min	D613-84

Gravity, API	33-39	D287-82 or D4052-96(2002)

Viscosity at 40°C, cSt	2.0-4.1	D445-83

Flash point, °F	130 min	D93-80

Distillation, °F		D86-96
IBP	340-420
10% REC	400-490
50% REC	470-560
90% REC	550-610
EP	580-660

(5) The identity of the entity proposed to conduct the tests described in Section 2710(d);

(6) Reasonably adequate quality assurance and quality control procedures;

(7) Notification of any outlier identification and exclusion procedure that will be used, and

(8) A demonstration that any procedure meets generally accepted statistical principles.

(c) Application for Alternative Diesel Fuel and Fuel Additive Emission Reduction Verification. Upon completion of the tests, the applicant may submit an application for verification to the Executive Officer or designee. The application must follow the format in Section 2702(d) as applicable and include:

(1) The approved test protocol,

(2) All of the test data,

(3) Copy of the complete test log prepared in accordance with Section 2710(d)(3)(B),

(4) A demonstration that the candidate alternative diesel fuel or fuel additive meets the requirements for verification set forth in this section, and

(5) Such other information as the Executive Officer or designee may reasonably require.

(d) Emissions Test Procedures for Particulates, Nitrogen Oxides, Soluble Organic Fraction, Hydrocarbons, and Toxics.

(1) Criteria pollutants test requirements. In each test of a fuel, exhaust emissions of NO_x, NO₂ (pursuant to Section 2706(a)(2)), total PM, carbon monoxide, carbon dioxide, and hydrocarbons must be measured. In addition, for each test the soluble organic fraction (SOF) of the particulate matter in the exhaust emissions must be determined in accordance with the Air Resources Board's "Test Method for Soluble Organic Fraction (SOF) Extraction" dated April 1989, which is incorporated herein by reference.

(2) Toxic emissions sampling and analysis requirements. Exhaust emissions of formaldehyde, acetaldehyde, benzene, toluene, ethyl benzene, xylenes, butadiene, and polycyclic aromatic hydrocarbons are to be sampled and analyzed as specified in Table 7 for a minimum of three test samples collected from separate emission test repetitions.

Table 7. Toxics sampling and analysis ^1,2

*Toxics*	*Method*

Formaldehyde and acetaldehyde	ARB SOP 104

Benzene toluene, ethyl benzene, xylenes, and butadiene	ARB SOP ¹⁰²/₁₀₃

Polycyclic aromatic hydrocarbons	ARB method 429³

__________

¹ Additional toxics sampling may be required depending on the chemical composition of the additives in the fuel.

² At a minimum tunnel blanks are required prior to and after conducting toxic emissions sampling for the reference fuel and candidate alternative diesel fuel or fuel additive.

³ PAH sampling consists of a filter to collect particulate PAHs and XAD resin to collect volatile PAHs. The sampling protocol needs to be included in the test protocol. Analysis of the samples will be performed by ARB method 429.

(3) Emission test requirements and test sequence for emissions test program.

(A) The applicant must follow the emission test requirements from section 2703 subsections (a), (b), (k), (l), and (m). For all on-road diesel vehicles and equipment, the applicant must conduct engine dynamometer testing using the Federal Test Procedure (FTP) Heavy-duty Transient Cycle, in accordance with the provisions in the Code of Federal Regulations, Title 40, Part 86, Subpart N. For all off-road and stationary diesel vehicles and equipment, the applicant must conduct engine dynamometer testing in accordance with section 2703(e)(2) and 2703(e)(3). The applicant must use one of the following test sequences:

1. If both cold start and hot start exhaust emission tests are conducted, a minimum of nine exhaust emission tests must be performed on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel or fuel additive: RC CR RC CR RC (and continuing in the same order) or RC RC RC RC RC (and continuing in the same order). The engine mapping procedures and a conditioning transient cycle must be conducted with the reference fuel before each cold start procedure using the reference fuel. The reference cycle used for the candidate alternative diesel fuel or fuel additive must be the same as determined for the reference fuel.

2. If only hot start exhaust emission tests are conducted, one of the following test sequences must be used throughout the testing, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel or fuel additive:

Alternative 1: RC CR RC CR (continuing in the same order for a given calendar day; a minimum of nine individual exhaust emission tests must be completed with each fuel)

Alternative 2: RR CC RR CC (continuing in the same order for a given calendar day; a minimum of nine individual exhaust emission tests must be completed with each fuel)

Alternative 3: RRR CCC RRR CCC (continuing in the same order for a given calendar day: a minimum of nine individual exhaust emission tests must be completed with each fuel)

For all alternatives, an equal number of tests must be conducted using the reference fuel and the candidate alternative diesel fuel or fuel additive on any given calendar day. At the beginning of each calendar day, the sequence of testing must begin with the fuel that was tested at the end of the preceding day. The engine mapping procedures and a conditioning transient cycle must be conducted at the beginning of each day for the reference fuel. The reference cycle used for the candidate alternative diesel fuel or fuel additive must be the same as determined for the reference fuel. For fuel additives that accumulate within the fuel system, engine, or exhaust system, a test or tests using a multiple of the normal dosage rate will be required in post durability testing to determine any long term effects if accumulation is not shown to stabilize during the required durability time frame.

3. Alternative test sequence. The applicant may request the Executive Officer to approve an alternative test sequence in place of the above test sequences. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following:

a. Statistical and scientific equivalence to 1. or 2., and

b. Body of existing test data using the alternative test sequence.

(B) The applicant must submit a test schedule to the Executive Officer or designee at least one week prior to commencement of the tests. The test schedule must identify the days on which the tests will be conducted, and must provide for conducting test consecutively without substantial interruptions other than those resulting from the normal hours of operations at the test facility. The Executive Officer or designee should be permitted to observe any tests. The party conducting the tests must maintain a test log which identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational tests of the engine, all recalibrations or other changes to the test instruments, and all interruptions between tests, and the reason for each interruption. The party conducting the tests or the applicant must notify the Executive Officer or designee by telephone and in writing of any unscheduled interruption resulting in a test delay of 48 hours or more, and the reason for such delay. Prior to restarting the test, the applicant or person conducting the tests must provide the Executive Officer or designee with a revised schedule for the remaining tests. All tests conducted in accordance with the test schedule, other than any test rejected in accordance with an outlier identification and exclusion procedure included in the approved test protocol, must be included in the comparison of emissions.

(C) Upon approval of the Executive Officer or designee, the applicant may specify an alternative test sequence to Section 2710(d)(3)(A). The applicant must provide the rationale demonstrating that the alternative test sequence better characterizes the average emissions difference between the reference fuel and the alternative diesel fuel or fuel additive.

(e) Durability.

(1) The applicant must meet the durability demonstration requirements in section 2704 subsections (a), (b), (c), (f), and (i) with the exceptions of emission testing and fuel requirements. If the applicant's diesel emission control strategy includes hardware components in addition to the alternative diesel fuel or fuel additive, then the emission testing requirements in section 2704 apply.

(2) The applicant must provide test data obtained after completion of the service accumulation, described in section 2704(e), showing that the candidate alternative diesel fuel or fuel additive does not adversely affect the performance and operation of diesel engines or cause premature wear or cause damage to diesel engines. This must include but is not limited to lubricity, corrosion, and damage to engine parts such as fuel injector tips. The applicant must provide data showing under what temperature and conditions the candidate alternative diesel fuel or fuel additive remains stable and usable in California.

(3) For additives that accumulate within the fuel system, engine, or exhaust system, the same test engine used for emissions testing must be used for the durability demonstration.

(f) Multimedia Assessment for Fuel Strategies. Diesel emission control strategies which rely on fuel changes either through use of additives or through use of alternative diesel fuels must undergo an evaluation of the multimedia effects. No diesel emission control strategy that relies on the use of an additive or an alternative fuel may be verified unless a multimedia evaluation of the additive or alternative fuel has been conducted and the California Environmental Policy Council established by Public Resources Code section 71017 has determined that such use will not cause a significant adverse impact on the public health or the environment, pursuant to Health and Safety Code section 43830.8. No person shall sell, offer for sale, supply or offer for supply an alternative fuel or a diesel fuel in California that contains an additive for use in a verified diesel emission control strategy unless such a multimedia evaluation has been conducted and resulted in a determination that use of the alternative fuel or additive will not cause a significant adverse impact on the public health and the environment. The applicant shall bear the expense of conducting the multimedia assessment.

(g) Other Requirements.

(1) The candidate alternative diesel fuel or fuel additive must be in compliance with applicable federal, state, and local government requirements.

(2) Applicants planning to market fuel in California must contact and register with the U.S. EPA and the California Dept. of Food and Agriculture. Contacts are listed below.

OFFICE OF TRANSPORTATION AND AIR QUALITY

U.S. EPA HEAD QUARTERS

ARIEL RIOS BLVD.

1200 PENNSYLVANIA AVE, N.W.

WASHINGTON D.C. 20468

PHONE (202) 564-9303

PETROLEUM PRODUCTS/WEIGHMASTER ENFORCEMENT BRANCH

DIVISION OF MEASUREMENT STANDARDS

DEPT. OF FOOD AND AGRICULTURE

8500 FRUITRIDGE ROAD, SACRAMENTO CALIFORNIA 95826

PHONE (916) 229-3000

(3) Additional government agencies such as the California Energy Commission, Area Council Governments, and Local Air Quality Management Districts may be contacted to facilitate the marketing of alternative diesel fuel in California.

(4) Labeling

(A) For strategies that do not include exhaust aftertreatment, labeling is required pursuant to section 2706(j) on the engine and the storage container for the alternative diesel fuel or fuel additive. This storage container may be either the fuel tank or a separate tank that is used to deliver the additive to the engine. Strategies that do not include exhaust aftertreatment are not required to identify the month and year of manufacturer or a unique serial number on their label.

(h) Extensions of an Existing Verification. See section 2702(h). The applicant may request the Executive Officer to approve a reduced number of emission tests when extending an existing verification to other emission control groups. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following:

(1) Variability in the test results used for the existing verification,

(2) Characteristics of the duty cycles in the other emission control groups,

(3) The mechanism by which the alternative diesel fuel or fuel additive reduces emissions, and

(4) Body of existing test data.

Cal. Code Regs. Tit. 13, § 2710

1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Amendment of section heading and section filed 1-20-2009; operative 2-19-2009 (Register 2009, No. 4).
3. Amendment filed 8-15-2013; operative 10-1-2013 (Register 2013, No. 33).

Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650- 39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600, 43700 and 43830.8, Health and Safety Code. Reference: Sections 39650- 39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204- 43205.5 and 43830.8, Health and Safety Code; Section 71017, Public Resources Code, and Title 17 California Code of Regulations Section 93000.