California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.7 - Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants › Article 1 - General Requirements for Criteria and Toxics Reporting › Section 93401 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
General
					 Applicability.
Except as provided in section
						93401(b), this
						article applies to the owners or operators of any facility described in
						sections 93401(a)(1), (2), (3), or
						(4) that is located in California and has
						been issued a permit to operate by an air district.
(1)
Greenhouse Gas (GHG) Reporter
					 Applicability (GHG Facility).
A facility that is required to report to
					 the state board the facility's greenhouse gas emissions for the data year,
					 pursuant to H&SC section
					 38530. For determining
					 applicability under section
					 93401(a)(1), a
					 facility includes any onshore petroleum and natural gas production
					 facility.
(2)
Criteria
					 Emissions Greater Than 250 Tons per Year (tpy) Applicability (Criteria
					 Facility).
A facility that is located in an air district for which any
					 portion of the air district has been designated as nonattainment with respect
					 to either the National Ambient Air Quality Standards (NAAQS) or the California
					 Ambient Air Quality Standards (CAAQS), and that is authorized by one or more
					 permit(s) issued by an air district to emit 250 or more tpy of any applicable
					 nonattainment pollutant or its precursors during the data year.
(3)
Elevated Prioritization Toxics
					 Applicability (Elevated Toxics Facility).
A facility that is
					 categorized by the local air district as high priority for toxic air
					 contaminant emissions at the beginning of the data year, based on cancer or
					 noncancer health impacts pursuant to H&SC section
					 44360. A local air district may
					 recategorize a facility's priority based on an assessment of human health risk
					 or other information, pursuant to the district's prioritization
					 policies.
(4)
Additional
					 Applicability (Additional Applicability Facility).
A facility with one
					 or more permits to operate issued by an air district with actual emissions or
					 activity levels exceeding any of the thresholds specified in (A) through (C)
					 below, within the data year. The applicability determination must include the
					 data year emissions from all permitted processes and devices at the facility.
					 If local air district rules or policies require reporting of emissions from
					 unpermitted sources for a facility, such sources may be included in the
					 applicability determination specified in (A) through (C), below.
(A) For a facility located within District
					 Group A, 4 tpy of any criteria air pollutant (except for carbon monoxide). For
					 a facility located within District Group B, 10 tpy of any criteria air
					 pollutant (except for carbon monoxide). At the discretion of the local air
					 district, the 4 tpy and 10 tpy thresholds for applicability can be based on the
					 facility's authorized (permitted) potential to emit, instead of actual data
					 year emissions.
(B) 100 tpy of
					 carbon monoxide. At the discretion of the local air district, the 100 tpy
					 threshold for applicability can be based on the facility's authorized
					 (permitted) potential to emit, instead of actual data year emissions.
(C) Activity levels or emissions levels
					 published in Appendix A, Table A-3 for a permitted emissions process at a
					 facility classified with a matching primary or secondary Standard Industrial
					 Classification (SIC) code or North American Industry Classification System
					 (NAICS) code listed for the permitted emissions process. If the SIC or NAICS
					 codes have a designation of "Any" in Table A-3 for a permitted process, then
					 reporting for the process is required regardless of the SIC or NAICS
					 designation for the facility performing the process, if the listed activity
					 level reporting threshold is exceeded.