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 93402 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this article, the following definitions apply:
"Activity level" means a measurable factor or parameter
						of a process that relates directly or indirectly to the emissions of an air
						pollution source during the period for which emissions are reported. Some
						examples of activity levels include throughput, hours of operation, quantity of
						fuel consumed, quantity of material produced, quantity of coating applied,
						etc.
"Activity level data acquisition method" means
						documentation of the type of method used to collect the activity level
						information. Some examples include potential to emit, direct measurement (of
						fuel used, hours of operation, etc.), engineering estimates, permitted
						operating hours, mass balance, product or raw material inventory
						reconciliation, etc.
"Actual emissions" means the mass of a criteria air
						pollutant or toxic air contaminant measured, observed, or estimated to have
						been actually released by a process into the atmosphere during an associated
						data year, except in the case of radionuclide emissions, where the actual
						emissions are quantified in units of radioactivity instead of mass.
"Agricultural operations" means the growing or harvesting
						of crops or the raising of fowl or animals for the primary purpose of making a
						profit, providing a livelihood, or conducting agricultural research or
						instruction by an educational institution. Agricultural operations do not
						include activities involving the processing or distribution of crops or
						animals.
"Air district" or "air quality management district" or
						"air pollution control district" or "district" means any district created or
						continued in existence pursuant to the provisions of Part 3 (commencing with
						section 40000) of Division 26 of the
						H&SC.
"Air District Group" or "District Group" means the air
						district group identifier for a facility, as denoted in Appendix A, Table A-2.
						The air district classification identifier is used in conjunction with Tables
						A-1 and B-1.
"Air Pollution Control Officer" means the Air Pollution
						Control Officer of a California Air Pollution Control District, Air Quality
						Management District, or Air Resources District, or her or his delegate.
"Annual" means with a frequency of once each year; unless
						otherwise noted, annual events such as reporting requirements will be based on
						the calendar year.
"Applicable nonattainment pollutant or its precursors"
						means:
- A pollutant for which any portion of the air district
						in which the facility is located has been designated as nonattainment with
						respect to NAAQS under 42 United States Code (U.S.C.) section
						7407(d) and the
						precursors of such pollutants identified in the applicable State Implementation
						Plan, including local attainment plans, approved by the U.S. Environmental
						Protection Agency (U.S. EPA);
- A pollutant for which any portion of the air district
						in which the facility is located has been identified as nonattainment with
						respect to a CAAQS under H&SC section
						39608 and the precursors of such
						pollutants listed in CCR, title 17, section
						70700.
"Best available data and methods" means technically
						justifiable and documented quantification methods and emission factors used in
						conjunction with technically justifiable and documented activity level data,
						for estimating criteria air pollutant and toxic air contaminant emissions. Best
						available data and methods may be based on and include continuous emission
						monitoring systems, source test data, material balance, manufacturer-guaranteed
						emission rates (on an activity level basis), source-specific emissions data,
						facility-established methods and protocols, engineering estimates, and emission
						factors published in literature. Best available data and methods should not
						necessarily be maximum emissions values, potential to emit, or prescriptive
						limits established by permitting or regulation, unless those values provide the
						most accurate estimates available.
"Calendar year" means the time period from January 1
						through December 31 of the same year.
"California Ambient Air Quality Standard" or "CAAQS"
						means the maximum amount of a pollutant averaged over a specified period of
						time that can be present in outdoor air without any harmful effects on people
						or the environment, as determined by CARB and codified in CCR, title 17,
						section 70200, Table of Standards.
"CARB" means the California Air Resources Board.
"Construction aggregate processing" includes the
						following activities: extraction from the earth of sand, gravel, or rock,
						and/or loading, unloading, conveying, crushing, screening, processing, and
						loadout of these materials.
"Continuous Emissions Monitoring System" or "CEMS" means
						the total equipment required to obtain a continuous measurement of an emissions
						concentration or emission rate from combustion or industrial processes, which
						meets local air district or U.S. EPA certification standards.
"Criteria air pollutant" or "criteria pollutant" means
						those pollutants for which there is an established California Ambient Air
						Quality Standard or National Ambient Air Quality Standard, including their
						precursors, except as otherwise specified herein. These pollutants and
						precursors include total volatile organic compounds (VOCs) or total reactive
						organic gases (ROG), nitrogen oxides (NOx), sulfur
						oxides (SOx), carbon monoxide (CO), particulate matter
						(PM), lead (Pb), and ammonia (NH3). For the purposes of
						this article, vinyl chloride, hydrogen sulfide, and sulfates are considered
						toxic air contaminants, and must be reported as such.
"Data year" means the calendar year in which emissions
						occurred.
"Design capacity" means, for devices or emissions units
						that combust gaseous, liquid, or solid fuels, the maximum design capacity of
						the device or emissions unit. For example, design capacity may be expressed as
						million British thermal units per hour (mmBtu/hr) or brake horsepower
						(bhp).
"Designated representative" means the person responsible
						for certifying and submitting the emissions report.
"Device" means a piece or set of equipment that has at
						least one process associated with it (e.g., internal combustion engine, boiler,
						tank, spray paint booth, etc.).
"Direct emissions" means emissions released directly from
						a stack, or other functionally equivalent opening.
"Emission calculation method" means a description and
						reference of the method used to calculate emissions for a pollutant (e.g., by
						source test, Continuous Emissions Monitoring System, emission factor,
						etc.).
"Emission factor" means the value relating the quantity
						of emissions of a pollutant to an activity level. Emission factors are
						typically empirically, experimentally, or mathematically derived, and are
						typically multiplied by, or otherwise mathematically applied to, a measured
						activity level to estimate the emissions associated with that activity.
"Emissions" means the release of criteria air pollutants
						or toxic air contaminants into the atmosphere from any sources and processes
						within a facility, including direct emissions or fugitive emissions.
"Emissions report" or "report" means the report prepared
						each year for a facility subject to this article that provides the information
						required by this article. The emissions report is for the submission of
						required data for the calendar year prior to the year in which the report is
						due. For example, a 2019 emissions report would include data pertinent to
						emissions that occurred during the 2019 calendar year (i.e., data year) and
						would be reported in 2020.
"Emittent ID" means the identification numbers assigned
						to substances as identified in Appendix A-I, Substances for which Emissions
						Must Be Quantified, of the Emission Inventory Criteria and Guidelines for the
						Air Toxics "Hot Spots" Program, version effective September 26, 2007, as issued
						by CARB, which is incorporated by reference herein, or as identified in
						Appendix B, Table B-1 of this article.
"Engineering estimate" means an estimate of emissions
						based on engineering principles applied to measured and/or approximated
						physical parameters such as fuel use, hours of operation, production,
						throughputs, flow rates, or other data.
"Equipment unit" means equipment that emits
						PM10 over and above that emitted from an associated
						engine.
"Executive Officer" means the Executive Officer of the
						California Air Resources Board, or his or her delegate.
"Facility" means any physical property, plant, building,
						structure, or stationary equipment, having one or more sources, classified
						under the same two-digit, i.e., major industry grouping Standard Industrial
						Classification code (SIC) or under the same North American Industry
						Classification System (NAICS) code, located on one or more contiguous or
						adjacent properties in actual physical contact or separated solely by a public
						roadway or other public right-of-way and under common ownership or common
						control.
-Operators of military installations may classify such
						installations as more than a single facility based on distinct and independent
						functional groupings within contiguous military properties. See also the
						definition for "Onshore petroleum and natural gas production facility" for
						additional specifications regarding these facilities.
"Fugitive emissions" means those emissions from a source
						which could not reasonably be expected to pass through a stack, chimney, vent,
						or other functionally-equivalent opening.
"Geospatial coordinates" means the latitude and longitude
						values identifying a physical location, without considering elevation, under
						the North American Datum of 1983, National Oceanic and Atmospheric
						Administration, December 1989, incorporated by reference herein.
"Hazardous waste treatment, storage, disposal and
						recycling facility" means any facility as defined by "hazardous waste facility"
						in Health and Safety Code, section
						25117.1
						and in title 22, California Code of Regulations (CCR), section
						title 22,
						California Code of Regulations (CCR), section
						66260.10 except:
(1) transfer stations (as defined in the same
					 section of CCR) that do not pump or package hazardous waste; and
(2) storage facilities (as defined in Health
					 and Safety Code, section
					 25123.3)
					 that store only containerized waste.
"Lead" or "Pb" means lead and lead compounds, measured as
						elemental lead. Emissions of Pb which occur as elemental Pb or as a chemical
						compound containing Pb should be reported as the mass of the Pb atoms
						only.
"Local air district" means the air district within whose
						geographic boundaries an affected facility is located.
"Local distribution company" or "LDC," for purposes of
						this article, means a company that owns or operates distribution pipelines, not
						interstate pipelines, that physically deliver natural gas to end users and
						includes public utility gas corporations, publicly-owned natural gas utilities
						and intrastate pipelines that are delivering natural gas to end users.
"Maximum Rated Horsepower (brake horsepower (bhp))" is
						the maximum brake horsepower rating specified by the engine manufacturer and
						listed on the nameplate or emission control label of the engine.
"National Ambient Air Quality Standards" or "NAAQS" means
						those pollutants and associated standards identified in the Code of Federal
						Regulations, Title 40, Part 50, as it existed June 14, 2019, which is
						incorporated by reference herein.
"Natural gas distribution facility" means the collection
						of all distribution pipelines and metering and regulating equipment at metering
						or regulating stations that are operated by a local distribution company (LDC)
						within California that are regulated as a separate operating company by a
						public utility commission or that is operated as an independent
						municipally-owned distribution system. This also includes customer meters and
						regulators, infrastructure, and pipelines (both interstate and intrastate)
						delivering natural gas directly to major industrial users and farm taps
						upstream of the local distribution company inlet.
"Nitrogen oxides" or "NOx" means
						all oxides of nitrogen except N2O.
"Nonattainment pollutant" means a criteria air pollutant
						for which a district is classified as a nonattainment area pursuant to the
						CAAQS and/or the NAAQS.
"North American Datum of 1983" or "NAD83", means the
						coordinate system, and a set of reference points, used to locate places on the
						Earth used to define the geodetic network in North America.
"North American Industry Classification System" or
						"NAICS" means the six-digit code(s) that represent the products, activities,
						and/or services at a facility as defined in North American Industry
						Classification System Manual, 2017, United States Office of Management and
						Budget, which is incorporated by reference herein.
"Onshore petroleum and natural gas production facility"
						means all petroleum or natural gas equipment on a well pad, or associated with
						a well pad or to which emulsion is transferred and CO2
						enhanced oil recovery operations that are under common ownership or common
						control including leased, rented, or contracted activities by an onshore
						petroleum or natural gas production owner or operator that are located in a
						single basin as defined in the Code of Federal Regulations, title 40, section
						98.238, last amended October 22,
						2015, which is incorporated by reference herein. For the purposes of this
						article, any cogeneration plant(s) permitted by a local air pollution control
						district as part of an onshore petroleum and natural gas production facility,
						are to be included as part of the facility for the purposes of reporting
						criteria air pollutant and toxic air contaminant emissions. This definition
						applies only to the determination that an onshore petroleum and natural gas
						facility is subject to the reporting requirements of this article; for the
						reporting of emissions, air districts or CARB may choose to disaggregate the
						emissions required to be reported within the onshore petroleum and natural gas
						facility to smaller sub-facility groupings, which may also be identified as
						individual "facilities" within the single basin.
"Operational control" for a facility subject to this
						article means the authority to introduce and implement operating,
						environmental, health and safety policies. In any circumstance where this
						authority is shared among multiple entities, the entity holding the permit to
						operate from the local air pollution control district or air quality management
						district is considered to have operational control for purposes of this
						article.
"Operator" means the entity, including an owner or
						leaseholder, having operational control of a facility. For onshore petroleum
						and natural gas production, the operator is the operating entity listed on the
						state well drilling permit, or a state operating permit for wells where no
						drilling permit is issued by the state.
"Particulate matter" or "PM" is a criteria air pollutant
						for the purposes of this article. The requirements for reporting particulate
						matter are included in 93404(c)(1)(A). For the purposes of this article, the
						following definitions apply:
- "PM2.5"
						means PM with an aerodynamic diameter equal to or less than 2.5 micrometers,
						including both filterable PM and condensable PM.
- "PM10" means PM with an
						aerodynamic diameter equal to or less than 10 micrometers, including both
						filterable PM and condensable PM. PM10 will include
						PM2.5.
-"Condensable PM" means material that exists in vapor
						phase at stack conditions, but which condenses or reacts upon cooling or
						dilution in the ambient air to form solid or liquid PM after discharge from the
						stack. All condensable PM is in the PM2.5 size
						fraction.
- "Filterable PM" means particles that are directly
						emitted by a source as a solid or liquid at stack or release conditions such
						that they could be captured on the filter of a source test sampling train.
						Filterable PM can be in the PM2.5 or
						PM10 size fraction, or may be larger in size.
"Permit" or "Air District Permit" means a temporary or
						permanent document, issued by a district, which authorizes a facility to
						operate a device, process, or facility that emits substances into the air,
						including, but not limited to, criteria air pollutants and toxic air
						contaminants. Permits may establish numeric limits on activity levels for
						devices or processes, or the amount of emissions a facility is legally
						authorized to emit over a specified period of time. If existing air district
						policy requires emissions data reporting under the requirements of an air
						district issued authority to construct or permit to construct, districts may
						treat these documents as "Permits" or "Air District Permits" for the purpose of
						implementing this article.
"Permit ID" or "Air District Permit ID" means the
						identification code or other identifier used by the local air district for a
						facility permit.
"Physical address" means the street address, city, state
						and zip code of a facility's or company's actual physical location. For
						facilities, the physical address serves to locate one or more emission sources
						rather than to locate a corporate office or as a mailing address. For
						facilities in rural or other locations without a distinct street or other
						address, or that are geographically dispersed, a best available address should
						be provided, which is nearest to the most significant emission source(s). A
						best available address could include cross streets, a road or highway number,
						or other identifying information for the street address and city.
"Pollutant code" means the numeric codes associated with
						the pollutant names as specified in the table below.
Pollutant Code
Pollutant Name
Abbreviated Name
42101
Carbon Monoxide
CO
42603
Oxides of Nitrogen
NOx
42401
Oxides of Sulfur
SOx
11101
Particulate Matter
PM
85101
Particulate Matter 10 Microns or Less
PM10
88101
Particulate Matter 2.5 Microns or Less
PM2.5
16113
Reactive Organic Gases
ROG
43101
Total Organic Gases
TOG
43104
Volatile Organic Compounds
VOC
42604
Ammonia (toxics Emittent ID 7664417)
NH3
12128
Lead (toxics Emittent ID 7439921)
Pb
"Portable" means designed and capable of being carried or
						moved from one location to another. Indicia of portability include, but are not
						limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For
						the purposes of this regulation, dredge engines on a boat or barge are
						considered portable. The engine or equipment unit is not portable if any of the
						following are true:
- The engine or equipment unit or its replacement is
						attached to a foundation, or if not so attached, will reside at the same
						location for more than 12 consecutive months. The period during which the
						engine or equipment unit is maintained at a storage facility shall be excluded
						from the residency time determination. Any engine or equipment unit such as
						back-up or stand-by engines or equipment units, that replace engine(s) or
						equipment unit(s) at a location, and is intended to perform the same or similar
						function as the engine(s) or equipment unit(s) being replaced, will be included
						in calculating the consecutive time period. In that case, the cumulative time
						of all engine(s) or equipment unit(s), including the time between the removal
						of the original engine(s) or equipment unit(s) and installation of the
						replacement engine(s) or equipment unit(s), will be counted toward the
						consecutive time period; or
- The engine or equipment unit remains or will reside at
						a location for less than 12 consecutive months if the engine or equipment unit
						is located at a seasonal source and operates during the full annual operating
						period of the seasonal source, where a seasonal source is a stationary source
						that remains in a single location on a permanent basis (at least two years) and
						that operates at that single location at least three months each year;
						or
- The engine or equipment unit is moved from one location
						to another in an attempt to circumvent the portable residence time
						requirements.
"Process" means a type of activity for a device that
						produces emissions (e.g. flaring, internal combustion, heating, painting,
						gravel screening, breathing loss, vehicle fueling, spillage, solvent cleaning,
						etc.). One device has at least one process.
"Process description" means a description of the emitting
						process indicating how substances are emitted to the atmosphere.
"Reactive organic gases" or "ROG" means gaseous volatile
						organic compounds (or VOC), as defined in the Code of Federal Regulations,
						title 40, section
						51.100(s), as of
						June 12, 2019, which is incorporated by reference herein. If a district has,
						prior to the effective date of this regulation, established a rule that defines
						ROG differently than this article, the district may use the district rule
						definition to quantify ROG.
"Release location" or "Release location exit" means the
						location at which a gas stream enters the ambient air.
"Release location exit gas flow rate" means the numeric
						value of the volumetric flow rate of a stack gas stream as measured in the
						stack or at the release point exit, in units of actual cubic feet per minute,
						or ACFM. Exit gas flow rate should represent, to the extent feasible, the
						typical, or the most common or generally used, annual operating conditions.
						Exit gas flow rate may be based on, in order of preference: direct measurements
						(including measurements recorded during source testing), engineering
						evaluation, engineering specifications, or other science-based methods.
"Release location exit gas temperature" means the numeric
						value of the temperature of an exit gas stream as measured in the stack or at
						the release point exit, in units of degrees Fahrenheit. Exit gas temperature
						should represent, to the extent feasible, the typical, or the most common or
						generally used, annual operating conditions. Exit gas temperature may be based
						on, in order of preference: direct measurements (including measurements
						recorded during source testing), engineering evaluation, engineering
						specifications, or other science-based methods.
"Release location exit gas velocity" means the numeric
						value of the velocity of an exit gas stream as measured in the stack or at the
						release point exit, in units of feet per minute. Exit gas velocity should
						represent, to the extent feasible, the typical, or the most common or generally
						used, annual operating conditions. Exit gas velocity may be based on, in order
						of preference: direct measurements (including measurements recorded during
						source testing), engineering evaluation, engineering specifications, or other
						science-based methods.
"Release location height above ground" means the physical
						height of a release point above the immediate surrounding terrain, in units of
						feet.
"Release location stack diameter" means the inner
						physical diameter of a circular stack or the equivalent diameter of a
						rectangular stack, in units of feet.
"Release location type" means the identification of
						whether the release location is a point source (e.g. a stack), or a volume
						source (e.g. fugitive leaks).
"Release point physical configuration" means an
						indication of whether the stack or release point is fugitive, vertical,
						horizontal, gooseneck, vertical with rain cap, or downward-facing vent.
"Sector Phase" means the sector phase identification
						number for a facility or activity, as identified in Appendix A, Table A-3 of
						this article. The Sector Phase identification number is used in conjunction
						with the Air District Group identifier to determine the initial data year for a
						facility subject per section
						93401(a)(4)(C).
"Short ton" means a common international measurement for
						mass, equivalent to 2,000 pounds, referred to as "tons" herein.
"Shut down" means the permanent or indefinite cessation
						of operation of an emission source for any purpose.
"Source" means any physical unit, process, or other use
						or activity that releases a criteria air pollutant or toxic air contaminant
						into the atmosphere.
"Source Classification Code(s)" or "SCCs" means the
						typically eight-digit code(s) that represent distinct source processes, as
						listed in Appendix C to the "Staff Report: Initial Statement of Reasons"
						published by the California Air Resources Board on October 23, 2018, which is
						incorporated by reference herein.
"Stack" or "release point" means any opening or passage
						designed to emit gases, solids, or liquids from a source into the air,
						including a chimney, vent, pipe, or duct.
"Standard cubic foot" or "scf" is a measure of quantity
						of gas, equal to a cubic foot of volume at 60 degrees Fahrenheit and either
						14.696 pounds per square inch (1 atm) or 14.73 PSI (30 inches Hg) of
						pressure.
"Standard Industrial Classification Codes" or "SICs" or
						"SIC Codes" means the four-digit codes that are used to identify and classify a
						company's primary business function or activity. SIC code numbers were last
						updated in 1987 by the U.S. Office of Management and Budget, and are no longer
						maintained or revised. The SIC codes are available on the United States
						Department of Labor, Occupational Safety and Health Administration, "SIC
						Division Structure" website page, which is incorporated by reference
						herein.
"Stationary" means neither portable nor self-propelled,
						and operated at a single facility.
"Sulfur oxides" or "SOx" means all oxides of
						sulfur.
"Tactical Support Equipment" or "TSE" means equipment
						using a portable engine, including turbines, that meets military
						specifications, owned by the U.S. Department of Defense, the U.S. military
						services, or its allies, and used in combat, combat support, combat service
						support, tactical or relief operations, or training for such operations.
						Examples include, but are not limited to, internal combustion engines
						associated with portable generators, aircraft start carts, heaters and lighting
						carts.
"Total organic gases" or "TOG" means any gaseous compound
						of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
						carbides or carbonates, and ammonium carbonate.
"Toxic air contaminant" means, for the purpose of this
						article, those substances identified in Appendix A-I of the Emission Inventory
						Criteria and Guidelines for the Air Toxics "Hot Spots" Program (EICG), version
						effective September 26, 2007, as issued by CARB, and substances identified in
						Appendix B of this article.
"Unit Type Code" means the numeric code that represents
						the broad category or type of a device, as listed in Table 1 of Appendix B to
						the "Staff Report: Initial Statement of Reasons" for the Public Hearing to
						Consider Amendments to the Regulation for the Reporting of Criteria Air
						Pollutants and Toxic Air Contaminants, dated October 2, 2020, and published by
						the California Air Resources Board, which is incorporated by reference herein.
						Examples of Unit Type Codes include: 100 (for Boilers), 120 (for Turbines), and
						200 (for Furnaces).
"U.S. EPA" means the United States Environmental
						Protection Agency.
"Volatile Organic Compounds" or "VOCs" means, for the
						purpose of this article the same as Reactive Organic Gases.
"Wastewater treatment plant" means any of the
						following:
(1) A facility owned by a
					 state, local, or federal agency and used in the treatment or reclamation of
					 sewage or industrial wastes;
(2) A
					 privately owned facility used in the treatment or reclamation of sewage or
					 industrial wastes, and regulated by the Public Utilities Commission pursuant to
					 sections 216 and
					 230.6 of, and chapter 4
					 (commencing with section
					 701) of part 1 of division 1, of
					 the Public Utilities Code; or
(3) A
					 privately owned facility used primarily in the treatment or reclamation of
					 sewage, and for which the State Water Board or a Regional Water Board has
					 issued waste discharge requirements. "Wastewater treatment plant" includes
					 water recycling treatment plants. The term, "wastewater treatment plant" does
					 not include onsite sewage treatment systems as defined in section
					 13290 of the
					 Water Code.
A covered system wastewater treatment plant has a
						covering over the physical area where the primary settling process occurs in
						the wastewater treatment process, such as sedimentation tanks. The primary
						tanks may be sealed or covered with a fixed, floating, or retractable covering
						and shall be air tight, thus preventing emissions from being released into the
						air.