Current through Register 2022 Notice Reg. No. 16, April 25, 2022
The reporting entities specified in section
95101 must develop, submit, and
certify greenhouse gas emissions data reports to the Air Resources Board each
year in accord with the following requirements.
addition to the items specified at
40 CFR §
, each reporting
entity must include in the emissions data report the following California
information: ARB identification number, air basin, air district, county,
geographic location, and indicate whether the reporting entity qualifies for
small business status pursuant to California Government Code 11342.610.
Electricity generating units must also provide Energy Information
Administration and California Energy Commission identification numbers, as
applicable. Reporters subject to the AB 32 Cost of Implementation Fee
Regulation (title 17, California Code of Regulations, section
), must report the official
responsible for fees payment and the billing address for fees.
. Each reporting entity must designate a reporting
representative and adhere to the requirements of
40 CFR §
for this representative and for any
named alternate designated representatives.
Corporate Parent and NAICS
. Each reporting entity must submit information to meet the
requirements specified in amendments to 40 CFR Part 98
on Reporting of
Corporate Parent Information, NAICS Codes and Cogeneration, as promulgated by
U.S. EPA on September 22, 2010.
Facility Level Energy Input and Output
. The operator must
include in the emissions data report information about the facility's energy
acquisitions and energy provided or sold as specified below. For the purpose of
reporting under this paragraph, the operator may exclude any electricity that
is generated outside the facility and delivered into the facility with final
destination outside of the facility. The operator may also exclude electricity
consumed by operations or activities that do not generate any emissions, energy
outputs, or products that are covered by this article, and that are neither a
part of nor in support of electricity generation or any industrial activities
covered by this article. The operator must report this information for the
calendar year covered by the emissions data report, pro-rating purchases as
necessary to include information for the full months of January and December.
Electricity purchases or acquisition from
sources outside of the facility boundary (MWh) and the name and ARB
identification number of each electricity provider, as applicable.
(A) Facilities with a NAICS code listed in
Table 8-1 of the cap-and-trade regulation must report the MWh from each
electrical distribution utility that provides transmission and/or distribution
service and the MWh from each electricity generation provider.
(2) Thermal energy purchases or
acquisitions from sources outside of the facility boundary (MMBtu) and the name
and ARB identification number of each energy provider, as applicable. If the
operator acquires thermal energy from a PURPA Qualifying Facility and vents,
radiates, wastes, or discharges more than 10 percent of the acquired thermal
energy before utilizing the energy in any industrial process, operation, or
heating/cooling application, the operator must report the amount of thermal
energy actually needed and utilized, in addition to the amount of thermal
energy received from the provider.
Electricity provided or sold, as
specified in section
provided or sold to entities outside of the facility boundary: the operator
must report the amount of thermal energy provided or sold (MMBtu), the names
and ARB identification number of each end-user as applicable, and the type of
unit that generates the thermal energy. If section
applies to the operator, the
operator must follow the requirements of section
reporting the thermal energy generated by cogeneration or bigeneration units,
and if applicable, also separately report the information required in paragraph
95104(d)(4) for the thermal energy provided or sold that is not generated by
cogeneration or bigeneration units.
If the facility boundary includes more than one
cogeneration system, boiler, or steam generator, and each unit/system or each
group of units produces thermal energy for different particular end-users or
on-site industrial processes and operations, the operator must report the
disposition of generated thermal energy by unit/system or by group of units
with the same dispositions, and by the type of thermal energy product
Reporting Mechanism. Reporting entities shall submit emissions
data reports, and any revisions to the reports, through the California Air
Resources Board's (ARB) Greenhouse Gas Reporting Tool, or any other reporting
tool approved by the Executive Officer that will guarantee transmittal and
receipt of data required by ARB's Mandatory Reporting Regulation and Cost of
Implementation Fee Regulation. Reporting entities are not responsible for
reporting data required under this article that is not specified for reporting
in the reporting tool.
Increases and Decreases in Facility Emissions
. The operator of
a facility identified in section
that is subject to the cap-and-trade regulation must include the following
information in the emissions data report:
Whether a change in the facility's operations or status resulted in an increase
or decrease of more than five percent in emissions of greenhouse gases in
relation to the previous data year.
(2) If there is an increase or decrease of
more than five percent in emissions of greenhouse gases in relation to the
previous year, the operator must provide a brief narrative description of what
caused the increase or decrease in emissions. Include in this description any
changes in your air permit status.
Verifiers must ensure the information
reported pursuant to section
reported in conformance with this article. Section
narrative description, is not subject to the third-party verification
requirements of this article.
Cal. Code Regs.
Tit. 17, §
Note: Authority cited: Sections
Health and Safety Code. Reference: Sections
Health and Safety Code.
section filed 12-2-2008; operative 1-1-2009 (Register 2008, No.
2. New subsection (e) filed 6-17-2010; operative 7-17-2010
(Register 2010, No. 25).
3. Amendment of section heading, section
and Note filed 12-14-2011; operative 1-1-2012 pursuant to Government Code
(Register 2011, No. 50).
4. Amendment of first paragraph and
subsection (a) filed 12-19-2012; operative 1-1-2013 pursuant to Government Code
(Register 2012, No. 51).
5. Amendment of subsection (d)(4) and new
subsections (f)-(f)(4) filed 12-31-2013; operative 1-1-2014 pursuant to
Government Code section
(Register 2014, No. 1).
6. Amendment of subsection (a) filed
12-31-2014; operative 1-1-2015 pursuant to Government Code section
2015, No. 1).
7. New subsection (d)(1)(A), repealer of
subsections (b)(2)-(f)(2)(D), subsection renumbering and amendment of newly
designated subsections (f)(2)-(3) filed 9-1-2017; operative
2017, No. 35).