California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Appendix E - Offset Project Activities Within the Scope of Regulatory Compliance Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For all project types, projects that were not in
						compliance with requirements regarding occupational health and safety
						regulations, statutes, or laws, or the timely submittal of periodic reports
						required by permits, regulations, statutes, or laws, during the reporting
						period, are still eligible to receive ARB offset credits if the noncompliance
						has been resolved prior to the submittal of a request for issuance of ARB
						offset credits pursuant to section
						95981. This appendix identifies
						the specific project activities considered for regulatory compliance by project
						type.
(a) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)1.
						All project activities associated with the collection, recovery, storage,
						transportation, mixing, and destruction of ODS, including the disposal of the
						associated post-destruction waste products must be in compliance with all
						requirements that have a bearing on the integrity of the generated
						offsets.
(b) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)2.
						All project activities associated with the installation and operation of the
						biogas control system that captures and destroys the methane must be in
						compliance with all requirements that have a bearing on the integrity of the
						generated offsets. Project activities begin at waste collection and end at
						onsite biogas usage and the disposal of associated digester effluents.
(c) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)3.
						All project activities associated with tree planting, care, and monitoring must
						be in compliance with all requirements that have a bearing on the integrity of
						the generated offsets. In situations where it is unclear if an activity is
						within the scope of the project as described in the project listing
						information, ARB will consider the activity within the scope of the
						project.
(d) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)4.
						All project activities within the project area that directly affect carbon
						stocks must be in compliance with all requirements that have a bearing on the
						integrity of the generated offsets. This includes site preparation, planting,
						harvesting, and monitoring. Activities external to the project area, such as
						transportation of logs to mills, mill operations, and landfilling, are outside
						the project regulatory compliance assessment.
(e) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)5.
						All project activities associated with the operation of equipment used to
						collect, treat, transport, or destroy mine gas or ventilation air must be in
						compliance with all requirements that have a bearing on the integrity of the
						generated offsets. The scope also includes the drilling and completion of
						additional wells or boreholes that are part of implementing the project. The
						drilling and completion of wells, boreholes, or vents at active underground
						mines for the purposes of mine safety is excluded from the project.
						Installation and operation of mine safety equipment such as a ventilation
						system at an active underground mine is also excluded from the scope of
						determining regulatory compliance and the scope of invalidation.
(f) Projects Using a Compliance Offset Protocol in
						Section 95973(a)(2)(C)6.
						All project activities beginning at field preparation for planting and
						continuing until the end of harvesting must be in compliance with all
						requirements that have a bearing on the integrity of the generated
						offsets.
1. New
						Appendix E filed 9-18-2017; operative 10-1-2017 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2017, No. 38).
2. Amendment of first paragraph filed
						3-29-2019; operative 3-29-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 13).