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 › Subarticle 7 - Compliance Requirements for Covered Entities › Section 95858 - Compliance Obligation for Under-Reporting in a Previous Compliance Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after an entity has surrendered its compliance
						  instruments to fulfill a compliance obligation pursuant to sections
						  95856 or
						  95857, the Executive Officer
						  determines, through an audit or other information, that the entity
						  under-reported its emissions under MRR for any emissions sources that form the
						  basis for the entity's compliance obligation, then the following shall
						  apply:
(a) If the difference between
						the emissions used to calculate the compliance obligation and subsequently used
						to calculate the number of compliance instruments surrendered pursuant to
						sections 95855 or
						95856 and the emissionsdetermined
						by the Executive Officer to be under-reported for the sum of those emissions is
						less than five percent of the emissions number used to calculate the compliance
						obligation and subsequently used to calculate the number of compliance
						instruments surrendered pursuant to sections
						95855 or
						95856, then the entity is not
						required to take any further action.
(b) If the difference between the emissions
						used to calculate the compliance obligation and subsequently calculate the
						number of compliance instruments surrendered pursuant to sections
						95855 or
						95856 and the emissions determined
						by the Executive Officer to be under-reported for the sum of those emissions is
						more than five percent of the emissions number used to calculate the compliance
						obligation and subsequently used to calculate the number of compliance
						instruments surrendered pursuant to sections
						95855 or
						95856, then the entity must
						surrender compliance instruments in the following amount:
Cla = EMd - CO - (CO * 0.05)
Where:
"Cla" is the number of additional compliance
						  instruments that must be surrendered to ARB to cover under-reported
						  emissions;
"CO" is the emissions number used to determine the
						  compliance obligation surrendered pursuant to sections
						  95855 or
						  95856; and
"EMd" is the number of the emissions determined by the
						  Executive Officer for the sum of the emissions sources subject to a compliance
						  obligation.
(c) The entity
						must surrender additional compliance instruments as determined pursuant to this
						section for under-reporting emissions under MRR at the next compliance event
						scheduled pursuant to section
						95856. The provisions of sections
						95857 and
						96014 shall not apply until after
						the date of that compliance event. The entity may use any compliance
						instruments acceptable for that compliance event to meet these
						requirements.
(d) Any determination
						that an entity under-reported its emissions shall be made by the Executive
						Officer no later than eight years from the applicable verification deadline for
						the emissions data report which contained the under-reporting of
						emissions.
1. New
						  section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
2. Amendment filed 9-18-2017; operative
						  10-1-2017 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2017, No. 38).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38562,
							 38570,
							 38571,
							 38580,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530,
							 38560.5,
							 38564,
							 38565,
							 38570
							 and
							 39600,
							 Health and Safety Code.