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arbcombo -- Release of LCFS Supplemental Regulatory Advisory 10-04B

Posted: 30 Dec 2011 14:30:27
On December 29, 2011, the U.S. District Court for the Eastern
District of California issued several rulings in the federal
lawsuits challenging the low carbon fuel standard (LCFS). One of
the courtís rulings preliminarily enjoins the Air Resources Board
(ARB or Board) from enforcing the regulation during the pendency
of the litigation.  While ARB intends to appeal these rulings and
to seek an order staying the preliminary injunction, as long as
the injunction remains in effect, ARB will respect the Courtís
ruling and withhold enforcement of the LCFS requirements,
including enforcement of the requirements described in this
supplemental regulatory advisory.  In seeking a stay of the
preliminary injunction, ARB will request an order that all
requirements of the LCFS in 2011 and 2012 are enforceable for the
entire period.  Thus, to the extent that existing guidance issued
by ARB is expiring or stakeholders or the Board has requested
modifications to the regulation, ARB will continue its
stakeholder and rulemaking processes.  This includes the issuance
of this advisory to provide guidance in response to stakeholder

Today the ARB is issuing Supplemental Regulatory Advisory 10-04B
(Supplemental Advisory 10 04B), which goes into effect January 1,
2012, to provide further guidance to stakeholders on the Low
Carbon Fuel Standard (LCFS) regulation.  This Supplemental
Advisory 10-04B further elaborates on the guidance provided in
Supplemental Advisory 10 04A.  This Supplemental Advisory 10-04B
will remain in effect through December 31, 2012, unless
superseded by a subsequent ARB advisory, notice, or rulemaking.

Supplemental Regulatory Advisory 10-04B may be found at:

If you have any questions regarding this document, please contact
Mr. Floyd Vergara, Chief, Alternative Fuels Branch, at (916)
327-5986 or via email at fvergara@arb.ca.gov.

The Low Carbon Fuel Standard, a regulation to reduce the carbon
intensity of fuels sold in California ten percent by 2020, is one
of the measures adopted by the California Air Resources Board,
pursuant to Health and Safety Code Sections 38500-38599 (AB 32)
to reduce greenhouse gases in California.  It is designed to help
clean the air, protect the environment, and drive the development
of clean, low-carbon fuels to improve California's energy
security and energy independence.

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