reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.5 - CARB Approved Emission Control Strategy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Executive Order requirement.
No person may operate an emissions control strategy,
						other than shore power, for compliance with this Control Measure unless that
						person receives approval by CARB through an Executive Order. The Executive
						Order shall provide compliance instructions for each emission control strategy
						and include requirements that each responsible party must follow in order to
						use that strategy.
(b)
					 Requirement to reduce emissions.
The emission control strategy must reduce emissions for
						vessel visits, unless:
(1) The visit
					 is subject to an exception in sections
					 93130.4,
					 93130.8, or
					 93130.10 of this Control
					 Measure;
(2) The person uses a TIE
					 or a VIE for the visit as provided in section
					 93130.11 of this Control
					 Measure;
(3) The person pays the
					 remediation fund payments for the visit or portion of a visit as provided in
					 section 93130.15 of this Control Measure;
					 or
(4) The person uses a CARB
					 approved innovative concept to reduce emissions as provided in section
					 93130.17 of this Control
					 Measure.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.6 - Opacity Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 No person shall discharge or cause the discharge from any ocean-going vessel at
					 berth and at anchor, into the atmosphere, any visible emissions of any air
					 pollutant, for a period of periods aggregating three minutes in any one hour
					 from any operation on the vessel that is:
(1)
					 As dark as the Ringelmann 2, as published by the United States Bureau of Mines
					 (May 1967), which is incorporated by reference; or
(2) Of such opacity as to obscure an
					 observer's view to a degree equal to or greater than the Ringelmann
					 2.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.8 - Vessel Visit Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Vessel operators are exempt from the operational
						requirements in section
						93130.7 of this Control Measure if
						any of the following occurs.
(a)
					 Vessel safety and emergency event.
The emission reduction requirements of section
						93130.7 and section
						93130.9 of this Control Measure do
						not apply during a portion of the visit that is defined as a safety and
						emergency event. All safety and emergency events are subject to review and
						audit by the Executive Officer. This exception applies if approved and only as
						long as the event occurs and only to the extent necessary to secure the safety
						of the vessel, its crew, its cargo, or its passengers and provided that the
						master:
(1) Takes all reasonable
					 precautions after the conditions necessitating the exception have ended to
					 avoid or minimize repeated claims of exception under this subsection;
					 and
(2) Includes with the reporting
					 requirement of section
					 93130.7(e)(4) of
					 this Control Measure all documentation necessary to establish the conditions
					 necessitating the safety and emergency event exception and the date(s), local
					 time, and location. All required documentation must be in the English
					 language.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.9 - Terminal Operator Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Terminal operators that receive ocean-going vessels in
						California shall meet the following requirements. Any failure to perform any
						specific items in this section shall constitute a separate violation for each
						calendar day that the failure occurs.
(a) Shore power requirements for at berth
					 emission reductions.
(1) Terminal operators or
					 ports with berths equipped to receive shore power vessels must connect these
					 vessels to shore power when visited by a commissioned shore power
					 vessel.
(2) The port or terminal
					 operator is responsible for commissioning vessels equipped with shore power
					 that is installed on the side of the vessel facing the wharf when
					 berthed.
(3) If the commissioned
					 shore power vessel is berthed in a way that prevents it from connecting to
					 shore power, the terminal may use a TIE or must provide an alternative CAECS
					 compatible with the vessel.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.10 - Terminal Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terminal-related requirements of this Control Measure
						in section
						93130.9 are subject to certain
						exceptions, set forth in this section.
(a) Vessel visits to a low activity terminal.
(1) The at berth emission reduction
					 requirements of section
					 93130.7 and section
					 93130.9 of this Control Measure do
					 not apply during a visit if the vessel visits a low activity
					 terminal.
(2) For each vessel type
					 listed in section
					 93130.7(b), a
					 terminal that receives fewer than 20 visits in both 2021 and 2022 is initially
					 considered a low activity terminal for that vessel type.
(3) A low activity terminal that receives 20
					 or more visits per year for two consecutive calendar years from a vessel type
					 no longer qualifies for the low activity terminal exception for that vessel
					 type and is required to reduce emissions starting January 1 of the following
					 year.
(4) All terminal operators
					 shall report vessel visit information under section
					 93130.9(d)(5) of
					 this Control Measure starting January 1, 2023.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.11 - Vessel Incident Events (VIE) and Terminal Incident Events (TIE)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A VIE or a TIE accommodates a limited number of
						situations where a vessel does not reduce emissions during a visit.
(a) VIEs and TIEs.
(1) The fleet that is designated in a
					 vessel's visit report will be granted VIEs based on a percentage of fleet
					 vessel visits to a California port between January 1 and December 31 in the
					 previous year, and reported to CARB by January 7, excluding those visits made
					 under an innovative concept in section
					 93130.17 of this Control Measure.
					 The terminal operator that is designated in a vessel's visit report will be
					 granted TIEs based on a percentage of vessel visits to the terminal between
					 January 1 and December 31 in the previous year, and reported to CARB by January
					 7, excluding those visits made under an innovative concept in section
					 93130.17 of this Control Measure.
					 In 2023, VIEs and TIEs will be granted by CARB staff by January 1, 2023. Each
					 year after, VIEs and TIEs will be granted by CARB staff on February 1 of that
					 year.
(2) These percentages are
					 listed in Table 3 in section
					 93130.11(b) of
					 this Control Measure. The number of VIEs and TIEs granted is rounded to the
					 nearest whole number. Since visit information is not available initially, in
					 2023, VIEs and TIEs will be determined by the fleet 2021 recordkeeping
					 requirements in California Code of Regulations, title 17, section
					 93118.3(g)(1)(B)
					 and Wharfinger data in section
					 93118.3(g)(3)(A)
					 of the previous at-berth regulation. Fleet operators that did not have a
					 compliance obligation under California Code of Regulations, title 17, section
					 93118.3 may instead request TIEs
					 and VIEs for 2023 per section
					 93130.11(c) of
					 this Control Measure.
(3) The fleet
					 operator will be able to assign each received VIE to a visit made by a vessel
					 in the fleet. The terminal operator will be able to assign each received TIE to
					 a visit made by a vessel to the terminal.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.12 - CAECS Operator Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CAECS operators shall fulfill the following
						responsibilities:
(a) Subcontractor
					 services and agreements.
(1) Maintain a list
					 of all subcontracted service providers and the services performed by each,
					 maintaining copies of all agreements with service providers.
(2) Provide copies to CARB upon request of
					 any agreement with service providers.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.13 - Port Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Port infrastructure.
Ports with terminals not excluded under the thresholds
						set forth in section
						93130.10(a)
						Terminal Exceptions of this Control Measure, shall provide equipment or
						necessary infrastructure that is outside of terminal operators' contractual
						ability to provide and which will enable a terminal to comply with this Control
						Measure, including, but not limited to, necessary underground infrastructure,
						conduit, cabling, ducting, and shore power vaults.
(b) Shared responsibility with terminals.
Ports are responsible for vessel emissions reductions at
						a terminal at the port to the extent specified in the division of
						responsibilities in the port's plan as set forth in section
						93130.14(a)(3)(G)
						of this Control Measure.
(c)
					 Cessation of obligation.
If a terminal operator and/or vessel operator elects to
						purchase, install, and use CARB approved emissions control equipment that does
						not need port assistance or infrastructure to operate in compliance with this
						Control Measure, then the port has no additional responsibility for that
						equipment.
(d) Wharfinger
					 data.
All operators of a public or private California port or
						independent marine terminal shall provide Wharfinger data to the Executive
						Office of CARB annually by January 31 of the following calendar year,
						regardless of visit activity. At a minimum, the Wharfinger information shall
						include for each visit to the port:
(1) Name of the vessel;
(2) Vessel type;
(3) Name, address, email, and telephone
					 number for Company operating the vessel;
(4) IMO number for each vessel;
(5) Berth used by the vessel; and
(6) Date(s) and time the vessel was initially
					 tied to the berth and subsequently released from the berth.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.18 - Summary of Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Control Measure has shared responsibilities between
						all parties involved in reducing emissions from ocean-going vessels. Tables 6
						and 7 outlines a summary of responsibilities and how the terminal or vessel
						operator can apply exceptions, VIEs, TIEs, and remediation fund.
Table 6: Summary of Responsibilities
Circumstances that may qualify for
								  an Exception, a VIE/TIE, or remediation
Circumstances
Exception
VIE/TIE
Remediation Fund
Responsible Parties
Safety/emergency, research, vessel commissioning, or
								innovative concept
X
Visits without reductions
X
*
Terminal, Vessel
Vessel control equipment repair
X
X
Vessel
Terminal control equipment repair
X
X
Terminal, Port
Terminal upgrades/construction
X
X
Terminal, Port
Delays, but reductions occur
X
X
Terminal, Vessel, CAECS operator
CAECS equipment failure, or CAECS failure to
								perform
X
X
Vessel, Terminal, CAECS operator
*In general, all visits may use a VIE
								or TIE if available, but not all visits qualify for remediation. See section
								93130.15(b) of
								this Control Measure
Table 7: Summary of Responsibilities
						(Continued)
Circumstances that will be
								  evaluated for non-compliance
Circumstances
Berth
Vessel
Responsible Parties
Has shore power
Does not have shore power
Vessel
No shore power, but has other CAECS
Has shore power
Terminal, Port
No shore power, but has other CAECS
Does not have shore power
Terminal, Port, Vessel
Has other CAECS
No shore power, but doesn't allow CAECS
Vessel
1. New
						section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1).
						(Transmission and filing deadlines specified in Government Code sections
						11346.4(b)
						and
						11349.3(a),
						respectively, extended 60 calendar pursuant to Executive Order
						N-40-20.)
Note: Authority cited: Sections
						  38560,
						  38562,
						  39600,
						  39601,
						  39658,
						  39659,
						  39666,
						  43013
						  and
						  41511,
						  Health and Safety Code. Reference: Sections
						  38510,
						  38530,
						  38562,
						  38566,
						  38580,
						  39600,
						  39650,
						  39658,
						  39659,
						  39666,
						  41510
						  and
						  41511,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.19 - Sending Information to CARB

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The sender shall ensure all information
					 submitted to CARB is:
(1) Written in the
					 English language;
(2) Attested that
					 it is true, accurate, and complete, signed under penalty of perjury by
					 individual(s) with the authority to certify that the regulated party comply
					 with applicable requirements of this Control Measure; and
(3) Submitted to CARB in writing to:
CHIEF, TRANSPORTATION AND TOXICS DIVISION
CALIFORNIA AIR RESOURCES BOARD
1001 I STREET
SACRAMENTO, CA 95814
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.20 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person
					 subject to this Control Measure who fails to comply with any provision,
					 prohibition, limit, standard, criteria, or requirement in this Control Measure
					 is subject to the penalties, injunctive relief, and other remedies specified in
					 Health and Safety Code sections
					 38580,
					 39674,
					 42400
					 et seq.,
					 43016,
					 other applicable sections in the Health and Safety Code, and other applicable
					 provisions as provided under California law for each violation. All responsible
					 parties may be held jointly and severally liable for violating this Control
					 Measure. Nothing in this Control Measure shall be construed to limit or
					 otherwise affect any penalties or other remedies available under federal
					 law.
(b) Any failure to meet any
					 provision, prohibition, limit, standard, duty, criteria, or requirement in this
					 Control Measure shall constitute a single, separate violation of this Control
					 Measure for each calendar day that a vessel operates without using a
					 CAECS.
(c) Violating the
					 recordkeeping or reporting requirements in this Control Measure shall
					 constitute a single, separate violation of this section for each calendar day
					 that the applicable recordkeeping or reporting requirement has not been
					 met.
1. New
						section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1).
						(Transmission and filing deadlines specified in Government Code sections
						11346.4(b)
						and
						11349.3(a),
						respectively, extended 60 calendar pursuant to Executive Order
						N-40-20.)
Note: Authority cited: Sections
						  38560,
						  38562,
						  39600,
						  39601,
						  39658,
						  39659,
						  39666,
						  43013
						  and
						  41511,
						  Health and Safety Code. Reference: Sections
						  38510,
						  38530,
						  38562,
						  38566,
						  38580,
						  39600,
						  39650,
						  39658,
						  39659,
						  39666,
						  39674,
						  41510,
						  41511
						  and
						  43016,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.21 - Sunset

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements specified in this Control Measure shall
						cease to apply if the United States adopts and enforces requirements that will
						achieve emissions reductions within the Regulated California Waters equivalent
						to those achieved by this Control Measure. Equivalent requirements may be from
						IMO regulations adopted and enforced by the United States, or may be contained
						in regulations adopted or enforced by the United States Environmental
						Protection Agency. This Control Measure shall remain in effect until the
						Executive Officer issues written findings that federal requirements are in
						place that will achieve equivalent emissions reductions within the Regulated
						California Waters and are being enforced within the Regulated California
						Waters.
1. New
						section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1).
						(Transmission and filing deadlines specified in Government Code sections
						11346.4(b)
						and
						11349.3(a),
						respectively, extended 60 calendar pursuant to Executive Order
						N-40-20.)
Note: Authority cited: Sections
						  38560,
						  38562,
						  39600,
						  39601,
						  39658,
						  39659,
						  39666,
						  43013
						  and
						  41511,
						  Health and Safety Code. Reference: Sections
						  38510,
						  38530,
						  38562,
						  38566,
						  38580,
						  39600,
						  39650,
						  39658,
						  39659,
						  39666,
						  41510
						  and
						  41511,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93130.22 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any section, paragraph, subparagrah, sentence, clause,
						phrase, or portion of this Control Measure is held invalid, unconstitutional,
						or unenforceable by any court of competent jurisdiction, such portion shall be
						deemed as a separate, distinct, and independent provision, and such holding
						shall not affect the validity of the remaining portions of the Control
						Measure.
1. New
						section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1).
						(Transmission and filing deadlines specified in Government Code sections
						11346.4(b)
						and
						11349.3(a),
						respectively, extended 60 calendar pursuant to Executive Order
						N-40-20.)
Note: Authority cited: Sections
						  38560,
						  38562,
						  39600,
						  39601,
						  39658,
						  39659,
						  39666,
						  43013
						  and
						  41511,
						  Health and Safety Code. Reference: Sections
						  38510,
						  38530,
						  38562,
						  38566,
						  38580,
						  39600,
						  39650,
						  39658,
						  39659,
						  39666,
						  41510
						  and
						  41511,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 1 - General › Section 93300 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter sets forth the criteria and guidelines
						for preparing emission inventory plans and reports to develop site-specific
						inventories of air emissions of toxic substances, as required by the Air Toxics
						"Hot Spots" Information and Assessment Act of 1987 (the "Act": Stats. 1987, ch.
						1252; Health and Safety Code section
						44300
						et seq.).
1. New
						section filed 6-1-89 as an emergency; operative 6-1-89 (Register 89, No. 24). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 9-29-89.
2. Certificate of
						Compliance as to 6-1-89 order including amendment transmitted to OAL 9-28-89
						and filed 10-30-89 (Register 89, No. 43).
Note: Authority cited: sections
						  39600,
						  39601
						  and
						  44342,
						  Health and Safety Code. Reference: Sections
						  44340,
						  44341
						  and
						  44342,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 1 - General › Section 93300.5 - Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter shall apply to any facility subject to
						the Air Toxics "Hot Spots" Information and Assessment Act of 1987, Health &
						Safety Code sections
						44300-44394. Subject facilities
						shall comply with the provisions of the "Emission Inventory Criteria and
						Guidelines Report" including its appendices, adopted by the Air Resources Board
						on May 30, 1996, and last amended August 18, 2021, which is incorporated by
						reference herein. The "Emission Inventory Criteria and Guidelines Report"
						including appendices is available upon request from the Air Resources Board's
						Public Information Office, 1001 "I" Street, Sacramento, California, 95814,
						telephone (916) 322-2990. The Air Resources Board may also be contacted via its
						Internet home page at:
http://www.arb.ca.gov
. The "Emission
						Inventory Criteria and Guidelines Report" including appendices is available on
						the Internet under the directory
						http://www.arb.ca.gov/ab2588/ab2588.htm.
1. New
						section filed 8-22-96; operative 9-21-96 (Register 96, No. 34).
2.
						Amendment of section and NOTE filed 7-1-97; operative 7-1-97 pursuant to
						Government Code section
						11343.4(d)
						(Register 97, No. 27).
3. Amendment of section and amendment of
						"Emission Inventory Criteria and Guidelines Report" (incorporated by reference)
						filed 8-27-2007; operative 9-26-2007 (Register 2007, No. 35).
4.
						Amendment of the "Emission Inventory Criteria and Guidelines Report"
						(incorporated by reference) and amendment of section and NOTE filed 3-21-2022;
						operative 3-21-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 12).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  44342,
						  Health and Safety Code. Reference: Sections
						  41805.5,
						  44320,
						  44321,
						  44322,
						  44323,
						  44324,
						  44325,
						  44340,
						  44341,
						  44342,
						  44343,
						  44344,
						  44344.4,
						  44344.5,
						  44344.7,
						  44346,
						  44360,
						  44362,
						  44365
						  and
						  44391,
						  Health and Safety Code; and Section
						  6254.7,
						  Government Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 1 - General › Section 93301 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-1-89 as an emergency; operative 6-1-89 (Register 89, No. 24). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 9-29-89.
2. Certificate of
						Compliance as to 6-1-89 order including amendment of subsection (g) transmitted
						to OAL 9-28-89 and filed 10-30-89 (Register 89, No. 43).
3.
						Amendment of Appendices A-I and A-II referenced in subsection (j) filed
						3-26-90; operative 4-25-90 (Register 90, No. 17).
4. Amendment of
						subsection (g) reletter subsections (g) to (s) and add new subsections (q) and
						(r) filed 1-22-91; operative 1-22-91 (Register 91, No. 14).
5.
						Amendment of subsections (g)(2) and (q) filed 1-31-94; operative 1-31-94
						(Register 94, No. 5).
6. Repealer filed 8-22-96; operative 9-21-96
						(Register 96, No. 34).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  44342,
						  Health and Safety Code. Reference: Sections
						  44340,
						  44341,
						  44342,
						  and
						  44344,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 2 - Applicability [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 3 (sections
					 93303-93309) and section filed
					 8-22-96; operative 9-21-96 (Register 96, No. 34).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 3 - Requirements for Preparing Emission Inventory Plans [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 3 (sections
					 93310-93315) and section filed
					 8-22-96; operative 9-21-96 (Register 96, No. 34).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 4 - Requirements for Emission Inventory Reports [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 4 (sections
					 93320-93324) and section filed
					 8-22-96; operative 9-21-96 (Register 96, No. 34).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 5 - Other Requirements [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 5 (sections
					 93330-93347) and section filed
					 8-22-96; operative 9-21-96 (Register 96, No. 34).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.6 - Emission Inventory Criteria and Guidelines › Article 6 - Updates [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 6 (sections
					 93348-93355) and section filed
					 8-22-96; operative 9-21-96 (Register 96, No. 34).
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 93400 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to establish a uniform
						statewide system for the annual reporting of emissions of criteria air
						pollutants and toxic air contaminants for specified facilities that have been
						issued one or more permits to operate by a local air quality management
						district, air pollution control district, or air resources district. This
						article also requires owners or operators of such facilities to report to the
						state board (or in many cases, the local air district) annual emissions of
						criteria air pollutants and toxic air contaminants (or associated activity
						level data) using the uniform statewide system of annual reporting. This
						article implements the requirements of sections
						39607
						and
						39607.1
						of the California Health and Safety Code (H&SC) by identifying facilities
						subject to annual reporting, data to be reported, mechanisms for reporting,
						requirements for quantifying emissions data, and the timing and phase-in of
						specified data reporting requirements. It is also designed to support
						implementation and tracking of the requirements outlined in sections
						42705.5 and
						44391.2 of the
						H&SC.
1. New
						subchapter 7.7, article 1 (sections
						93400-93410) and section filed
						11-22-2019; operative 1-1-2020 (Register 2019, No. 47).
2. Amendment
						of section and NOTE filed 10-28-2021; operative 1-1-2022 (Register 2021, No.
						44). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.
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 93403 - Emission Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Owners or operators of the facilities subject to this
						article must submit complete emissions reports according to the requirements
						specified in section
						93403 for criteria air pollutants
						and toxic air contaminants.
(a)
GHG, Criteria, and Elevated Toxics Facilities Emissions Reporting:
					 Phase-In Schedule
. Owners or operators of a GHG, Criteria, or Elevated
					 Toxics Facility subject to reporting per sections
					 93401(a)(1), (2), or
					 (3) must submit annual emissions reports
					 according to the following phase-in schedule.
(1)
Annual Emissions Reporting Using
					 Existing District Program and Methods: Phase-In Period
. Owners or
					 operators of a facility specified below in 93403(a)(1)(A) and (B) must submit
					 annual emissions reports during the phase-in periods described below that
					 include all data as specified by the local air district's existing emissions
					 reporting program and methods for the 12-month period of time currently
					 required to be reported by the local air district. The annual emissions reports
					 submitted during this phase-in period do not require reporting of the contents
					 of section
					 93404, unless required by the
					 local air district. Facility owners or operators submitting emissions reports
					 during the phase-in period must either provide emissions data for the criteria
					 air pollutants and toxic air contaminants pursuant to the local air district's
					 existing emissions reporting program, or provide sufficient activity level data
					 for the air district to calculate such emissions using the existing district
					 program and methods.
(A) For GHG and Criteria
					 Facilities subject to reporting per sections
					 93401(a)(1) and
					 (2), the above phase-in period and district
					 existing methods requirements apply for 2019 data reported in 2020.
1.
Criteria Facility Permitted
					 Emissions Reporting Delay
. Criteria Facilities subject to reporting
					 per section
					 93401(a)(2), but
					 not subject to 93401(a)(1) or 93401(a)(3), are not required to provide an
					 annual emissions report per this article for the 2019 data year unless actual
					 emissions of any applicable nonattainment pollutant or its precursors exceeds
					 250 tpy. Following the 2019 data submission in 2020, applicability for Criteria
					 Facilities is based on air district permitted emissions, and not actual
					 emissions.
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 93404 - Emissions Report Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Emissions reports must contain the contents identified in
						this section, as applicable. Refer to section
						93403 for specifications regarding
						when identified data elements are subject to reporting.
(a)
Facility Data
. Emissions
					 reports must include the following facility data.
(1) Facility name and facility identification
					 number established by the local air district and CARB; and for GHG Facilities
					 subject to reporting under the provisions of 93401(a)(1), the six-digit
					 facility ARB ID, as reported under the California Regulation for the Mandatory
					 Reporting of Greenhouse Gas Emissions (MRR), title 17, California Code of
					 Regulations, section
					 95100 et seq.
(2) Owner or Operator. Legal name(s) and
					 mailing address of the facility owner or operator at the time of a reporting
					 deadline specified in this article.
(3) NAICS code(s) that apply to the facility:
(A) Primary NAICS code. Report the NAICS code
					 that most accurately describes the facility's primary product, activity, or
					 service. The primary product, activity, or service is the principal source of
					 revenue for the facility.
(B)
					 Secondary and additional NAICS code(s). A facility that has two or more
					 distinct products, activities, or services may report additional NAICS code(s)
					 associated with additional activities or processes. Report all additional NAICS
					 codes that describe all products, activities, or services at the facility that
					 are not related to the principal source of revenue, as
					 applicable.
(4) Standard
					 Industrial Classification (SIC) code. Report the SIC code that most accurately
					 describes the facility's primary business function or activity. Report any
					 secondary or additional SIC codes that apply to additional facility activities
					 or services.
(5) The air basin, air
					 district, and county in which the facility is located.
(6) The facility physical address, as
					 applicable.
(7) Geospatial
					 coordinates. Latitude and longitude, in decimal degrees, of the approximate
					 center (or centroid) of the facility, or the latitude and longitude of the
					 location's street address.
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 93406 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Emissions data
					 submitted to CARB under this article are public information and shall not be
					 designated as confidential.
(b) Any
					 entity submitting information to the Executive Officer or local districts
					 pursuant to this article may claim such information as "confidential" by
					 clearly identifying such information as "confidential." Any claim of
					 confidentiality by an entity submitting information must be based on the
					 entity's belief that the information identified as confidential is either trade
					 secret or otherwise exempt from public disclosure under the California Public
					 Records Act (Government Code section
					 6250 et
					 seq.). The designated representative must attest that the claim of
					 confidentiality is true, correct, and complete. All such requests for
					 confidentiality must be handled in accordance with the procedures specified in
					 CCR, title 17 sections
					 91000 to
					 91022.
1. New
						section filed 11-22-2019; operative 1-1-2020 (Register 2019, No.
						47).
2. Amendment of NOTE filed 10-28-2021; operative 1-1-2022
						(Register 2021, No. 44). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.
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 93407 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Owners or
					 operators of facilities subject to this article are subject to enforcement by
					 CARB as specified:
(1) Failure to comply with
					 any of the requirements of this article shall be a violation of this article.
					 Penalties may be assessed for any violation of this article pursuant to
					 H&SC section
					 42400 et seq.
(2) Any facility report, data, or
					 documentation submittal required by this article that is not submitted by the
					 facility owner or operator to CARB or a district, or is submitted late by the
					 facility owner or operator to CARB or a district, shall be a violation of this
					 article.
(3) Falsifying any
					 information or record required to be submitted or retained by this article,
					 shall be a violation of this article.
(4) Failure to retain and failure to produce
					 any record that this article requires to be retained or produced shall each
					 constitute a violation of this article.
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 93408 - NO Preemption of More Stringent Air District or Federal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This regulation does not preempt any more stringent
						requirements imposed by any air district. Compliance with this article does not
						excuse noncompliance with any Federal regulation. The Executive Officer retains
						authority to determine whether an air district requirement is more stringent
						than any requirement of this article.
1. New
						section filed 11-22-2019; operative 1-1-2020 (Register 2019, No.
						47).
2. Amendment of NOTE filed 10-28-2021; operative 1-1-2022
						(Register 2021, No. 44). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.
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 93409 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each part of this article is deemed severable, and in the
						event that any part of this article is held to be invalid, the remainder of the
						article shall continue in full force and effect.
1. New
						section filed 11-22-2019; operative 1-1-2020 (Register 2019, No.
						47).
2. Amendment of NOTE filed 10-28-2021; operative 1-1-2022
						(Register 2021, No. 44). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.
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 2 - Requirements for Calculating and Reporting Criteria Pollutant and Toxic Air Contaminant Emissions › Section 93420 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to establish requirements
						for calculating and reporting emissions of criteria air pollutants and toxic
						air contaminants for specified permitted facilities. This article supports
						Subchapter 7.7, Article 1,
General Requirements for Criteria and Toxics
						Reporting
, thereby assisting in implementing the requirements of
						sections
						39607
						and
						39607.1
						of the California Health and Safety Code (H&SC) and the requirements
						outlined in sections
						42705.5 and
						44391.2 of the
						H&SC.
1. New
						article 2 (sections
						93420-93421 and appendices A and
						B) and section filed 10-28-2021; operative 1-1-2022 (Register 2021, No. 44).
						Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.
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 2 - Requirements for Calculating and Reporting Criteria Pollutant and Toxic Air Contaminant Emissions › Section 93421 - Abbreviated Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Qualifying Activities for Abbreviated Reporting and Report
					 Contents
. Except for facilities subject to the applicability criteria
					 in sections
					 93401(a)(1), (2), and
					 (3), for the qualifying activities below, the
					 air district or CARB may prepare and submit the emissions data on behalf of a
					 facility. Those facility operators, that exclusively engage in qualifying
					 activities herein and choosing to comply with the reporting requirements using
					 the abbreviated reporting mechanism, must submit the general emissions report
					 contents specified in 93404(a), and the additional activity data as identified
					 in subsections
					 93421(a)(1)-(6)
					 for each qualifying activity, as reported under section
					 93404(b)(1)(B)(5) and
					 (6). Air districts will then use the
					 submitted data to compute the source(s) emissions levels, and submit the
					 emissions and other data to CARB following the schedule specified in section
					 93403(b).
					 Additional device level, process level, and emissions level data for the
					 facility may be provided by the local air district.
(1) Agricultural operations.
(A) Quantity of head of
					 cattle.