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 1 - General Requirements for Greenhouse Gas Reporting › Section 95105 - Recordkeeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each reporting entity that is required to report
						  greenhouse gases under this article, except as provided in section
						  95103(a)(9), must
						  keep records as required by 40 CFR §
													98.3(g)-(h) with the
						  following qualifications.
(a)
Duration
. Reporting entities with a compliance obligation
						under the cap-and-trade regulation in any year of the current compliance period
						must maintain all records specified in
						40 CFR §
													98.3(g), and records
						associated with revisions to emissions data reports as provided under
						40 CFR §
													98.3(h), for a period of ten
						years from the date of emissions data report certification. The retained
						documents, including GHG emissions data and input data, covered product data
						and associated inputs; data associated with thermal energy provided, sold,
						purchased, or acquired; and, data associated with electricity provided, sold,
						purchased, or acquired, must be sufficient to allow for verification of each
						emissions data report. Reporting entities that do not have a compliance
						obligation under the cap-and-trade regulation during any year of the current
						compliance period must maintain required records for a period of five years
						from the date of certification.
(b)
ARB Requests for Records.
Copies of any records or other
						materials maintained under the requirements of 40 CFR Part 98 or this article
						must be made available to the Executive Officer upon request, within 14 days of
						receipt of such request by the designated representative of the reporting
						entity, unless a different schedule is agreed to by ARB. This includes, but is
						not limited to, information used to quantify or report emissions and product
						data in the emissions data report, underlying monitoring and metering data,
						invoices of receipts or deliveries, sales transaction data, calculation
						methods, protocols used, analysis results, calibration records, electricity
						transaction data, and other relevant information.
(c)
GHG Monitoring Plan for
						Facilities and Suppliers
. Each facility operator or supplier that
						reports under 40 CFR Part 98, each facility operator or supplier with emissions
						equal to or exceeding 25,000 MTCO2e (including
						biomass-derived CO2 emissions and geothermal emissions),
						and each facility operator or supplier with a compliance obligation under the
						cap-and-trade regulation in any year of the current compliance period, must
						complete and retain for review by a verifier or ARB a written GHG Monitoring
						Plan that meets the requirements of
						40 CFR §
													98.3(g)(5). For facilities,
						the Plan must also include the following elements, as applicable:
(1) All fuel use measurement devices used for
						emissions calculations or product data must be clearly identified, and the plan
						must indicate how data from these devices are incorporated into the emissions
						data report.
(2) Original equipment
						manufacturer (OEM) documentation, or other documentation that identifies
						instrument accuracy and required maintenance and calibration requirements for
						all measurement devices used in the calculation of GHG emissions.
(3) Reference to one or more simplified block
						diagrams that provide a clear visual representation of the relative locations
						and positions of measurement devices and sampling locations, as applicable,
						required for calculating covered emissions and covered product data (e.g.
						temperature, total pressure, HHV, fuel consumption). The diagram(s) must
						include fuel sources, combustion units, and production processes, as
						applicable.
(4) The dates of
						measurement device calibration or inspection, and the dates of the next
						required calibration or inspection.
(5) Identification of low flow cutoffs, as
						applicable.
(6) Reference to other
						independent or internal data management systems and records, including written
						power contracts and associated verbal or electronic records, full or partial
						ownership, invoices, and settlements data used to document whether reported
						transactions are specified or unspecified and whether the requirements for
						adjustments to covered emissions pursuant to sections
						95852(b)(1)(B),
						95852(b)(4) and
						95852(b)(5) of
						the cap-and-trade regulation are met, specifically how the entity determined
						that the electricity associated with the RECs claimed for the RPS adjustment
						was not directly delivered to California, if reporting an RPS
						adjustment;
(7) Records of the most
						recent orifice plate inspection performed according to the requirements of ISO
						5167-2 (2003), section
						5, or AGA Report No 3 (2003) Part
						2, which are hereby incorporated by reference.
(8) Training practices for personnel involved
						in GHG monitoring, including documented training procedures, and training
						materials.
(9) Copies of
						methodologies used for all fuel-based emissions analyses, including the
						standardized methods chosen as specified in section
						95109.
(10) At the operator's choosing, a fuel
						monitoring plan to verify on a regular basis the proper functioning of fuel
						measurement equipment that is used to determine facility GHG emissions. The
						operator wishing to preserve the option of using the missing data substitution
						procedures in section
						95129(d)(2) in
						the event that such procedures become necessary to use, must monitor fuel
						measurement equipment and maintain records of its proper operation by recording
						fuel consumption data at least weekly. The operator exercising this option may
						fulfill periodic fuel monitoring either through manual monitoring or by using
						an automatic data acquisition system that electronically records, stores, and
						identifies measurement device malfunctioning periods. The records of fuel
						consumption must be sufficient for the application of the missing data
						substitution procedure in section
						95129(d)(2) if
						that option is later chosen by the operator.