reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95120 - Iron and Steel Production

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The operator of a facility who is required to report
						  under section
						  95101 of this article, and who is
						  not eligible for abbreviated reporting under section
						  95103(a), must
						  comply with Subpart Q of 40 CFR Part 98 (40 CFR §§
													98.170 to
						  98.188) in reporting stationary
						  combustion and process emissions and related data from iron and steel
						  production to ARB, except as otherwise provided in this section.
(a)
CO2 from
						Fossil Fuel Combustion
. When calculating CO2
						emissions from fossil fuel combustion at a stationary combustion unit under
						40 CFR §
													98.172(a), the operator must
						use a method in 40 CFR
						§
													98.33(a)(1) to §
												98.33(a)(4) as
						specified by fuel type in section
						95115 of this article.
(b)
Monitoring, Data and
						Records
. For each emissions calculation method chosen under section
						95120(a), the
						operator must meet the applicable requirements for monitoring, missing data
						procedures, data reporting, and records retention that are specified in
						40 CFR §
													98.34 to §
												98.37, except as modified in
						sections 95115,
						95120(c)-(d), and
						95129 of this article.
(c)
Missing Data Substitution
						Procedures
. The operator must comply with
						40 CFR §
													98.175 when substituting for missing data,
						except as otherwise provided in paragraphs (1)-(2) below.
(1) To substitute for missing data for
						emissions reported under section
						95115 of this article (stationary
						combustion units and units using continuous emissions monitoring systems), the
						operator must follow the requirements of section
						95129 of this article.
(2) If monthly mass or volume of
						carbon-containing inputs and outputs are missing when using the carbon mass
						balance procedure in 40 CFR
						§
														98.173(b)(1), the
						operator must apply substitute values according to the procedures in paragraphs
						(A)-(B) below.
(A) If the data capture rate is
						at least 80 percent for the data year, the operator must substitute for each
						missing value based on the best available estimate based on information used
						for accounting purposes (such as purchase records).
(B) If the data capture rate is less than 80
						percent for the data year, the operator must substitute for each missing value
						with the maximum throughput capacity of the system.
(3) The operator must document and retain
						records of the procedure used for all missing data estimates pursuant to the
						recordkeeping requirements of section
						95105.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95121 - Suppliers of Transportation Fuels

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any position holder, refiner, or enterer, or biofuel
						  production facility who is required to report under section
						  95101 of this article must comply
						  with Subpart MM of 40 CFR Part 98 (§§
												98.390 to
						  98.398) in reporting emissions and
						  related data to ARB, except as otherwise provided in this section.
(a)
GHGs to Report
.
(1) In addition to the
						CO2 emissions specified under
						40 CFR §
														98.392, all refiners that produce liquefied
						petroleum gas must report the CO2,
						CH4, N2O and
						CO2e emissions that would result from the complete
						combustion or oxidation of the annual quantity of liquefied petroleum gas sold
						or delivered, except for fuel for which a final destination outside California
						can be demonstrated.
(2) Refiners,
						position holders of fossil fuels and biomass-derived fuels that supply fuel at
						California terminal racks, and enterers that import fossil transportation fuels
						for distribution outside the bulk transfer/terminal system must report the
						CO2, CO2 from biomass-derived
						fuels, CH4, N2O, and
						CO2e emissions that would result from the complete
						combustion or oxidation of each Blendstock, Distillate Fuel Oil or
						biomass-derived fuel (Biomass-Based Fuel and Biomass) listed in Table 2-4 of
						this section. However, emissions reporting is not required for fuel in which a
						final destination outside California, where a use in exclusively aviation or
						marine applications can be demonstrated, or for fossil transportation fuels
						that can be demonstrated to have been previously delivered by a position holder
						or refiner out of an upstream California terminal or refinery rack prior to
						delivery out of a second terminal rack. The volume of all Blendstocks,
						Distillate Fuel Oils, and biomass-derived fuels that are excluded from
						emissions reporting based on the criteria in this paragraph must be reported
						pursuant to the requirements in section
						95121(d)(9). No
						fuel shall be reported as finished fuel. Fuels must be reported as the
						individual Blendstock, Distillate Fuel Oil or biomass-derived fuel listed in
						Table 2-4 of this section. For purposes of this article, CARBOB blendstocks are
						reported as RBOB blendstocks.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95122 - Suppliers of Natural Gas, Natural Gas Liquids, Liquefied Petroleum Gas, Compressed Natural Gas, and Liquefied Natural Gas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any supplier of natural gas or natural gas liquids who
						  is required to report under section
						  95101 must comply with Subpart NN
						  of 40 CFR Part 98 (§§
												98.400 to
						  98.408) in reporting emissions and
						  related data to ARB, except as otherwise provided in this section.
(a)
GHGs to Report
.
(1) In addition to the
						CO2 emissions specified under
						40 CFR §
														98.402(a), natural gas
						liquid fractionators must report the CO2,
						CH4, N2O and
						CO2e emissions that would result from the complete
						combustion or oxidation of liquefied petroleum gas sold or delivered to others
						that was produced on-site, except for products for which a final destination
						outside California can be demonstrated.
(2) In addition to the
						CO2 emissions specified under
						40 CFR §
														98.402(b), local
						distribution companies and intrastate pipelines delivering gas to California
						end-users must report the CO2,
						CO2 from biomass-derived fuels,
						CH4, N2O, and
						CO2e emissions from the complete combustion or oxidation
						of the annual volume of natural gas delivered to all entities on their
						distribution systems in California.
(3) The importer of liquefied petroleum gas,
						compressed natural gas, or liquefied natural gas into California must report
						the CO2, CH4,
						N2O and CO2e emissions that would
						result from the complete combustion or oxidation of the annual quantity of
						liquefied petroleum gas, compressed natural gas, and liquefied natural gas
						imported into the state, except for products for which a final destination
						outside California can be demonstrated.
(4) Operators of facilities that make
						liquefied natural gas products or compressed natural gas products by liquefying
						or compressing natural gas received from interstate pipelines must report the
						CO2, CH4,
						N2O, and CO2e emissions that
						would result from the complete combustion or oxidation of all liquefied natural
						gas sold or delivered to others, except for product for which a final
						destination outside California can be demonstrated.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95123 - Suppliers of Carbon Dioxide

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any supplier of carbon dioxide who is required to
						  report under section
						  95101 of this article must comply
						  with Subpart PP of 40 CFR Part 98 (§§
												98.420 to
						  98.428) in reporting to ARB,
						  except as otherwise provided in this section.
(a) When reporting imported and exported
						quantities of CO2 as required in
						40 CFR §
													98.422, the supplier must report quantities
						of carbon dioxide imported into and exported from the State of California.
						Exports for purposes of geologic sequestration must be reported separately from
						exports for other purposes.
(b)
Missing Data Substitution Procedures
. The supplier must comply
						with 40 CFR §
													98.425 when substituting for missing data,
						except as otherwise provided below.
(1) For
						all data required for emissions calculations in this section, the supplier must
						follow the requirements of paragraphs (A)-(D) below.
(A) If the data capture rate is at least 90
						percent for the data year, the supplier must substitute for each missing value
						using the best available estimate of the parameter, based on all available
						process data.
(B) If the data
						capture rate is at least 80 percent but not at least 90 percent for the data
						year, the supplier must substitute for each missing value with the highest
						quality assured value recorded for the parameter during the given data year, as
						well as the two previous data years.
(C) If the data capture rate is less than 80
						percent for the data year, the supplier must substitute for each missing value
						with the highest quality assured value recorded for the parameter in all
						records kept according to section
						95105(a).
(D) The supplier must document and retain
						records of the procedure used for all missing data estimates pursuant to the
						recordkeeping requirements of section
						95105.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95124 - Lead Production

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The operator of a facility who is required to report
						  under section
						  95101(a)(1)(B)
						  (8.) of this article, and who is not eligible for abbreviated reporting under
						  section 95103(a), must
						  comply with Subpart R of 40 CFR Part 98 (§§
												98.180 to
						  98.188) in reporting stationary
						  combustion and process emissions and related data from lead production to ARB,
						  except as otherwise provided in this section.
(a)
CO2 from
						Fossil Fuel Combustion.
When calculating CO2
						emissions from fossil fuel combustion at a stationary combustion unit under
						40 CFR §
													98.182(d), the operator must
						use a method in 40 CFR
						§
													98.33(a)(1) to §
												98.33(a)(4) as
						specified by fuel type in section
						95115 of this article.
(b)
Monitoring, Data and
						Records
. For each emissions calculation method chosen under section
						95124(a), the
						operator must meet the applicable requirements for monitoring, missing data
						procedures, data reporting, and records retention that are specified in
						40 CFR §
													98.34 to §
												98.37, except as modified in
						sections 95115,
						95118(c)-(d), and
						section 95129 of this article.
(c)
Missing Data Substitution
						Procedures.
The operator must comply with
						40 CFR §
													98.185 when substituting for missing data,
						except as otherwise provided in paragraphs (1)-(3) below.
(1) To substitute for missing data for
						emissions reported under section
						95115 of this article (stationary
						combustion units and units using continuous emissions monitoring systems), the
						operator must follow the requirements of section
						95129 of this article.
(2) If the annual mass or carbon content of
						carbon-containing inputs are missing when using the process emissions
						calculation procedure in 40
						CFR §
														98.183(b)(2), the
						operator must apply substitute values according to the procedures in paragraphs
						(A)-(B) below.
(A) If the analytical data
						capture rate is at least 80 percent for the data year, the operator must
						substitute for each missing value according to
						40 CFR §
															98.185(a) and the number of
						days per month.
(B) If the
						analytical data capture rate is less than 80 percent for the data year, the
						operator must substitute for each missing value with the maximum capacity of
						the system and the number of days per month.
(3) The operator must document and keep
						records of the procedures used for estimating missing data pursuant to the
						recordkeeping requirements of section
						95105.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 2 - Requirements for the Mandatory Reporting of Greenhouse Gas Emissions from Specific Types of Facilities, Suppliers, and Entities › Section 95125 - Additional Calculation Methods. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  subarticle 3 (section
						  95125) and section filed
						  12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. Repealer
						  of subarticle 3 (section
						  95125) and section filed
						  12-14-2011; operative 1-1-2012 pursuant to Government Code section
						  11343.4
						  (Register 2011, No. 50).
Note: Authority cited: Sections
							 38510,
							 38530,
							 39600,
							 39601
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38530,
							 39600
							 and
							 41511,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 4 - Requirements for Verification of Greenhouse Gas Emissions Data Reports and Requirements Applicable to Emissions Data Verifiers; Requirements for Accreditation of Emissions Data and Offset Project Data Report Verifiers › Section 95130 - Requirements for Verification of Emissions Data Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The reporting entity subject to verification must
						  obtain the services of an accredited verification body for purposes of
						  verifying each emissions data report submitted under this article, as specified
						  in section
						  95103(f).
(a)
Annual Verification.
(1) Reporting entities required to obtain
						annual verification services as specified in section
						95103(f) are
						subject to full verification requirements in the first year that verification
						is required in each compliance period. Upon receiving a positive verification
						statement, or statements, if applicable, under full verification requirements,
						the reporting entity may choose to obtain less intensive verification services
						for the remaining years of the compliance period. Reporting entities subject to
						this section are also required to obtain full verification services if any of
						the following apply:
(A) There has been a
						change in the verification body;
(B) An adverse verification statement or
						qualified positive verification statement was issued for the previous year for
						either emissions data or product data, or both;
(C) A change of operational control of the
						reporting entity occurred in the previous year.
(D) Nothing in this paragraph shall be
						construed as preventing a verification body from performing a full verification
						in instances where there are changes in sources or emissions or covered
						products. The verification body must provide information on the causes of the
						emission changes and justification in the verification report if a full
						verification was not conducted in instances where the total reported GHG
						emissions differ by greater than 25 percent relative to the preceding year's
						emissions data report.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 4 - Requirements for Verification of Greenhouse Gas Emissions Data Reports and Requirements Applicable to Emissions Data Verifiers; Requirements for Accreditation of Emissions Data and Offset Project Data Report Verifiers › Section 95132 - Accreditation Requirements for Verification Bodies, Lead Verifiers, and Verifiers of Emissions Data Reports and Offset Project Data Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						accreditation requirements specified in this subarticle shall apply to all
						verification bodies, lead verifiers, and verifiers that wish to provide
						verification services under this article and under the cap-and-trade
						regulation.
(b) The Executive
						Officer may issue accreditation to verification bodies, lead verifiers, and
						verifiers that meet the requirements specified in this section.
(1)
Verification Body Accreditation
						Application.
To apply for accreditation as a verification body, the
						applicant shall submit the following information to the Executive Officer:
(A) A list of all verification staff and a
						description of their duties and qualifications, including ARB accredited
						verifiers on staff. The applicant shall demonstrate staff qualifications by
						listing each individual's education, experience, professional licenses, and
						other pertinent information.
1. A verification
						body shall employ and retain at least two verifiers that have been accredited
						as lead verifiers, as specified in section
						95132(b)(2);
2. A verification body shall employ and
						retain at least five total full-time staff.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
ARB COMPENDIUM OF EMISSION FACTORS AND METHODS TO SUPPORT
						MANDATORY REPORTING OF GREENHOUSE GAS EMISSIONS
1. New
						Appendix A filed 12-2-2008; operative 1-1-2009 (Register 2008, No.
						49).
2. Repealer filed 12-14-2011; operative 1-1-2012 pursuant to
						Government Code section
						11343.4
						(Register 2011, No. 50).
3. Editorial correction implementing repeal
						of Appendix A and adding HISTORY 2 (Register 2012, No.
						11).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 5 - Reporting Requirements and Calculation Methods for Petroleum and Natural Gas Systems › Section 95151 - Reporting Threshold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						The operator of a facility must report GHG emissions under this subarticle if
						the facility contains petroleum and natural gas systems and the facility meets
						the requirements of sections
						95101(b) and the
						reporting thresholds outlined in section
						95101(e).
(b) For applying the threshold defined in
						section 95101(b), natural
						gas processing facilities must also include owned or operated residue gas
						compression equipment.
1. New
						  section filed 12-14-2011; operative 1-1-2012 pursuant to Government Code
						  section
						  11343.4
						  (Register 2011, No. 50).
2. Amendment of section heading and
						  repealer and new section filed 12-19-2012; operative 1-1-2013 pursuant to
						  Government Code section
						  11343.4
						  (Register 2012, No. 51).
3. Amendment of subsection (a) filed
						  12-31-2013; operative 1-1-2014 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2014, No. 1).
Note: Authority cited: Sections
							 38510,
							 38530,
							 39600,
							 39601,
							 39607,
							 39607.4
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38530,
							 39600
							 and
							 41511,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 5 - Reporting Requirements and Calculation Methods for Petroleum and Natural Gas Systems › Section 95155 - Procedures for Estimating Missing Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complete record of all estimated and/or
						measured parameters used in the GHG emissions calculations is required. If data
						are lost or an error occurs during annual emissions estimation or measurements,
						the operator must repeat the estimation or measurement activity for those
						sources within the measurement period. In cases where repeat sampling and/or
						analysis cannot be completed, the operator must follow the missing data
						substitution procedures outlined below:
(1)
						To substitute for missing data for emissions reported under section
						95115 of this article (stationary
						combustion units and units using continuous emissions monitoring systems), the
						operator must follow the requirements of section
						95129 of this article.
(2) If data required by this subarticle are
						missing and additional sampling and/or analysis is not possible, the operator
						must generate a substitute value as follows:
(A) If the analytical data capture rate is at
						least 90 percent for the data year, the operator must substitute for each
						missing value using available process data.
(B) If the analytical data capture rate is at
						least 80 percent but not at least 90 percent for the data year, the operator
						must substitute for each missing value with the highest quality assured value
						recorded for the parameter during the given data year, as well as the two
						previous data years.
(C) If the
						analytical data capture rate is less than 80 percent for the data year, the
						operator must substitute for each missing value with the highest quality
						assured value recorded for the parameter in all records kept according to
						section 95105(a).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 5 - Reporting Requirements and Calculation Methods for Petroleum and Natural Gas Systems › Section 95157 - Activity Data Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the information required by section
						  95103, each annual report must
						  contain reported emissions and related information as specified in this
						  section.
(a) Report annual emissions
						in metric tons per year for each GHG separately for each of the industry
						segments listed in paragraphs (a)(1) through (8) of this section:
(1) Onshore petroleum and natural gas
						production.
(2) Offshore petroleum
						and natural gas production
(3)
						Onshore natural gas processing.
(4)
						Onshore natural gas transmission compression.
(5) Underground natural gas
						storage.
(6) LNG storage.
(7) LNG import and export.
(8) Natural gas
						distribution.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 5 - Reporting Requirements and Calculation Methods for Petroleum and Natural Gas Systems › Section 95158 - Records That Must be Retained

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The operator shall follow the document retention
						  requirements of section
						  95105 of this
						  article.
1.
						  Renumbering and amendment of former section
						  95157 to new section
						  95158 filed 12-19-2012; operative
						  1-1-2013 pursuant to Government Code section
						  11343.4
						  (Register 2012, No. 51).
Note: Authority cited: Sections
							 38510,
							 38530,
							 39600,
							 39601,
							 39607,
							 39607.4
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38530,
							 39600
							 and
							 41511,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 6 - Reporting Requirements and Calculation Methods for Electricity Generating Units Subject to the Clean Power Plan › Section 95161 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
						purposes of this subarticle, definitions specified in Subpart UUUU of
						40 CFR Part 60, §
													60.5880 shall apply for affected EGUs. Should
						a conflict exist between definitions of this subpart, and definitions of
						section 95102 of this article, the
						definitions identified in this subarticle take precedence for affected
						EGUs.
1. New
						  section filed 9-1-2017; operative 1-1-2018 (Register 2017, No.
						  35).
Note: Authority cited: Sections
							 38510,
							 38530,
							 39600,
							 39601,
							 39602,
							 39607,
							 39607.4
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38530,
							 39600
							 and
							 41511,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 6 - Reporting Requirements and Calculation Methods for Electricity Generating Units Subject to the Clean Power Plan › Section 95162 - Monitoring and Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Owners and operators of affected EGUs
						must follow the applicable monitoring provisions of this section.
(1) Affected EGUs must prepare a monitoring
						plan as specified in 40 CFR
						§
														60.5860(a)(1).
(2) For two or more affected EGUs which share
						a common exhaust gas stack, and are implementing continuous emissions
						monitoring per 40 CFR §
														60.5860(a)(3), and meet the
						requirements of 40 CFR
						§
														60.5860(a)(6), owners
						or operators may monitor CO2 emissions at the common
						stack and calculate hourly net electric output for the common stack as
						specified in 40 CFR §
														60.5860(a)(6).
(3) For two or more affected EGUs in which
						exhaust gases are emitted to the atmosphere through multiple stacks (or if the
						exhaust gases are routed to a common stack through multiple ducts and you elect
						to monitor in the ducts), owners or operators must follow the provisions of
						40 CFR §
														60.5860(a)(7).
(4) If two or more affected EGUs serve a
						common electric generator, owners or operators must comply with the provisions
						of 40 CFR §
														60.5860(a)(8).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 2 - Mandatory Greenhouse Gas Emissions Reporting › Subarticle 6 - Reporting Requirements and Calculation Methods for Electricity Generating Units Subject to the Clean Power Plan › Section 95163 - Emissions and Data Calculation and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The owner or operator of an affected EGU
						must determine the CO2 mass emissions (short tons) for
						the compliance period as specified under the provisions of
						40 CFR §
													60.5860(b)(1)-(2).
(b) The owner or operator of an affected EGU
						that exclusively combusts liquid fuel and/or gaseous fuel may determine the
						hourly CO2 mass emissions according to
						40 CFR §
													60.5860(a)(4)(i) through
						(a)(4)(vi).
(c) The owner or operator of an affected EGU
						(or group of affected units that share a monitored common stack) must comply
						with all requirements of 40
						CFR §
													60.5860(b)(3) for
						measurement and calculation of net electric output, useful thermal output, and
						mechanical output, and determine net energy output.
(d) Each year, any affected EGUs must submit
						the information specified in 40 CFR §
													60.5860(d), paragraphs (1)
						and (3) to the Air Resources Board pursuant to section
						95104(e) of this
						article, under the schedule specified in section
						95103(e) of this
						article.
1. New
						  section filed 9-1-2017; operative 1-1-2018 (Register 2017, No.
						  35).
Note: Authority cited: Sections
							 38510,
							 38530,
							 39600,
							 39601,
							 39602,
							 39607,
							 39607.4
							 and
							 41511,
							 Health and Safety Code. Reference: Sections
							 38530,
							 39600
							 and
							 41511,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95200 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this subarticle is to collect fees to be
						  used to carry out the California Global Warming Solutions Act of 2006 (Stats.
						  2006; Ch. 488; Health and Safety Code sections
						  38500
et seq
.), as provided in Health and Safety Code section
						  38597.
1. New
						  article 3 (subarticle 1, sections
						  95200-95207), and section filed
						  6-17-2010; operative 7-17-2010 (Register 2010, No.
						  25).
Note: Authority cited: Sections
							 38510,
							 38597,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38530
							 and
							 39600,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95201 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subarticle
						applies to the following entities. The terms used below are defined in section
						95202.
(1)
Natural Gas Utilities, Users, and
						Pipeline Owners and Operators that deliver or use natural gas in
						California.
(A) All public utility
						gas corporations and publicly owned natural gas utilities operating in
						California and that are subject to the verification requirements of the
						Regulation for the Mandatory Reporting of Greenhouse Gas Emissions (title 17,
						California Code of Regulations, sections
						95100-95157) (Mandatory Reporting
						Regulation). Fees shall be paid for each therm of natural gas delivered to any
						end user in California, excluding natural gas delivered to electricity
						generating facilities that are subject to section
						95201(a)(4).
(B) All owners and operators that are end
						users of natural gas received directly from interstate pipelines and that are
						subject to the verification requirements of the Regulation for the Mandatory
						Reporting of Greenhouse Gas Emissions, except for electricity generating
						facilities that are subject to section
						95201(a)(4). Fees
						shall be paid for each therm of natural gas directly delivered by interstate
						pipelines.
(C) All owners or
						operators of intrastate pipelines that are not included in subsection
						95201(a)(1)(A)
						and that are subject to the verification requirements of the Mandatory
						Reporting Regulation, that deliver natural gas directly to end users. Fees
						shall be paid for each therm of natural gas delivered directly to end users,
						except for natural gas delivered to electricity generating facilities that are
						subject to section
						95201(a)(4).
(D) All California owners or operators that
						consume natural gas produced from on-site gas wells and that are subject to the
						verification requirements of the Mandatory Reporting Regulation. Fees shall be
						paid on the emissions resulting from the combustion of these fuels, unless
						these fuels are consumed by an electricity generating facility subject to
						section 95201(a)(4).
(E) All California owners or operators that
						consume associated gas that is produced from on-site oil wells and that are
						subject to the verification requirements of the Mandatory Reporting Regulation.
						Fees shall be paid on the emissions resulting from the combustion of these
						fuels, unless these fuels are consumed by an electricity generating facility
						subject to section
						95201(a)(4).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95203 - Calculation of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Total Required Revenue (TRR).
(1) The Required Revenue (RR) shall be the
						total amount of funds necessary to recover the costs of implementation of AB 32
						program expenditures for each fiscal year, based on the number of personnel
						positions, including salaries and benefits and all other costs, as approved in
						the California Budget Act for that fiscal year.
(2) The RR shall also include any amount
						required to be expended by ARB in defense of this subarticle in
						court.
(3) If there is any excess
						or shortfall in the actual revenue collected for any fiscal year, such excess
						or shortfall shall be carried over to the next year's calculation of the Total
						Revenue Requirement. If ARB does not expend or encumber the full amount
						authorized by the California Legislature for any fiscal year, the amount not
						expended or encumbered in that fiscal year shall be carried over and deducted
						from the next year's calculation of the Total Revenue Required.
(4) The annual Total Revenue Requirement is
						equal to the annual RR adjusted for the previous fiscal year's excess or
						shortfall amount, as provided in subsection (a)(4).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95204 - Reporting and Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Reporting Format.
All reports required by this subarticle must be
						  submitted to ARB by using the California Air Resources Board's Greenhouse Gas
						  Reporting Tool, as specified in title 17, California Code of Regulations,
						  section 95104(e), or any
						  other reporting tool approved by the Executive Officer that will guarantee
						  transmittal and receipt of data required by ARB's Mandatory Reporting
						  Regulation and this subarticle. The Reporting Tool is available on ARB's
						  internet website at [
www.arb.ca.gov
].
(b)
Entity Statement of Truth,
						Accuracy and Completeness.
All entities subject to this subarticle are required to
						  certify reports pursuant to the requirements of Section
						  95104 of the Mandatory Reporting
						  Regulation.
(c)
Timeline for Reporting.
(1)
						Reports for each affected entity, including electricity importers, for each
						report year must be submitted to ARB pursuant to 95103(e) of the Mandatory
						Reporting Regulation.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95205 - Payment and Collection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Beginning in fiscal year 2010/2011, and thereafter, within 30 days after the
						State Budget has been signed by the Governor, the Executive Officer shall
						provide a written fee determination notice to each affected entity of the
						amount due. The amount of the fee shall be based on the reports submitted
						pursuant to section
						95204 and the fee calculation
						formulas set forth in section
						95203. ARB will not collect the
						fee from entities whose total amount due, as calculated per section
						95203, is less than or equal to
						fifty dollars ($50.00).
(b)
Payment Period
. Each entity that is notified by the Executive
						Officer that it must remit a specified dollar amount to ARB for the current
						fiscal year shall transmit that dollar amount to ARB for deposit into the Air
						Pollution Control Fund within 60 days of the fee determination notice
						date.
(c)
Late
						Fees
. The Executive Officer shall assess an additional fee on entities
						failing to pay the fee within 60 days of receipt of the fee determination
						notice. The Executive Officer shall set the late fee in an amount sufficient to
						pay ARB's additional expenses incurred by the entity's untimely payment. The
						late fee is in addition to any penalty that may be assessed as provided in
						section 95206.
(d)
Expenditure of Fees
. The
						fees collected from the entities are to be expended by ARB only for the
						purposes of recovering the costs of carrying out the provisions of AB 32 and
						repaying the Debt.
1. New
						  section filed 6-17-2010; operative 7-17-2010 (Register 2010, No.
						  25).
2. Amendment of subsection (b) and NOTE filed 10-3-2012;
						  operative 10-3-2012 pursuant to Government Code section
						  11343.4
						  (Register 2012, No. 40).
Note: Authority cited: Sections
							 38510,
							 38597,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505
							 and
							 39600,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95206 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Penalties.
Penalties may be assessed for any violation of this
						subarticle pursuant to Health and Safety Code section
						38580.
						Each day during any portion of which a violation occurs is a separate
						offense.
(b)
Injunctions.
Any violation of this subarticle may be enjoined
						pursuant to Health and Safety Code section
						41513.
(c)
Violations.
Each day or
						portion thereof that any report required by this subarticle remains
						unsubmitted, is submitted late, or contains incomplete or inaccurate
						information, shall constitute a single, separate violation of this subarticle.
						For the purposes of this section, "report" means any information required to be
						submitted by section
						95204.
(d)
Payment Violations
. The
						failure to pay the full amount of any fee required by this subarticle shall
						constitute a single, separate violation of this subarticle for each day or
						portion thereof that the fee has not been paid after the date the fee is
						due.
(e)
Auditing
.
						The Executive Officer may contract with outside entities, including, but not
						limited to, the Board of Equalization, to obtain data or services needed to
						audit the returns provided by fee payers. The Executive Officer may use fee
						revenues collected under this subarticle to fund auditing and collection
						procedures.
(f)
Authorization to Enforce.
Enforcement of this subarticle may
						be carried out by authorized representatives of ARB, including authorized
						representatives of air pollution control or air quality management
						districts.
1. New
						  section filed 6-17-2010; operative 7-17-2010 (Register 2010, No.
						  25).
Note: Authority cited: Sections
							 38510,
							 38597,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505,
							 39300
							 and
							 41513,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 3 - Fees › Subarticle 1 - AB 32 Cost of Implementation Fee Regulation › Section 95207 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each part of
						this subarticle is deemed severable, and, in the event that any part of this
						subarticle is held to be invalid, the remainder of this subarticle shall
						continue in full force and effect.
(b) If any fee payer or group of fee payers
						subject to this subarticle is determined to be ineligible, by a court of law or
						statute, to pay the fees pursuant to this subarticle, the remaining entities
						shall be assessed the entire fee based on the formula contained in section
						95203, without including the
						emissions associated with the ineligible fee payer or group of fee payers in
						the calculation. If a refund is ordered by any court or other authority the
						remaining fee payers shall be responsible to pay the subsequent
						deficit.
1. New
						  section filed 6-17-2010; operative 7-17-2010 (Register 2010, No.
						  25).
Note: Authority cited: Sections
							 38510,
							 38597,
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Sections
							 38501,
							 38505
							 and
							 39300,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 1 - Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation › Section 95300 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this subarticle is to reduce greenhouse
						  gas emissions from heavy-duty (HD) tractors and long box-type semitrailers
						  (trailers) that transport freight on a highway within California by
						  establishing emission standards and other requirements applicable to both new
						  2011 and subsequent model year HD tractors and trailers and to 2010 and earlier
						  model year HD tractors and trailers. The use of compliant aerodynamic
						  technologies and low-rolling resistance tires will ensure reductions of
						  greenhouse gas emissions from affected HD tractors and trailers by reducing the
						  aerodynamic drag and tire rolling resistance forces acting on such HD tractors
						  and trailers.
1. New
						  subarticle 1 (sections
						  95300-95311) and section filed
						  12-9-2009; operative 1-1-2010 pursuant to Government Code section
						  11343.4
						  (Register 2009, No. 50).
2. Amendment of subarticle heading filed
						  12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
3.
						  Amendment filed 12-5-2014; operative 12-5-2014 pursuant to Government Code
						  section
						  11343.4(b)(3)
						  (Register 2014, No. 49).
4. Editorial correction of HISTORY 3
						  (Register 2014, No. 50).
5. Amendment filed 2-7-2019; operative
						  4-1-2019 (Register 2019, No. 6).
Note: Authority cited: Sections
							 39600,
							 39601,
							 38510,
							 38560
							 and
							 38560.5,
							 Health and Safety Code. Reference: Sections
							 39600,
							 38560,
							 38560.5
							 and
							 38580,
							 Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 1 - Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation › Section 95301 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subarticle
						applies to owners and drivers of the following equipment when driven on a
						highway within California, as well as motor carriers, California-based brokers,
						and California-based shippers that use, or cause to be used, the following
						equipment on a highway within California:
(1)
						HD tractors that pull long box-type trailers; and
(2) long box-type trailers that are pulled by
						HD tractors.