Current through Register 2024 Notice Reg. No. 38, September 20, 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.
(d)
GHG Inventory Program for
Electric Power Entities that Import or Export Electricity. In lieu of
a GHG Monitoring Plan, electric power entities that import or export
electricity must prepare GHG Inventory Program documentation that is maintained
and available for verifier review and ARB audit pursuant to the recordkeeping
requirements of this section. The following information is required:
(1) Information to allow the verification
team to develop a general understanding of entity boundaries, operations, and
electricity transactions;
(2)
Reference to management policies or practices applicable to reporting pursuant
to section
95111;
(3) List of key personnel involved in
compiling data and preparing the emissions data report;
(4) Training practices for personnel involved
in reporting delivered electricity pursuant to section
95111 and responsible for data
report certification, including documented training procedures;
(5) Query of NERC e-Tag source data to
determine the quantity of electricity (MWh) imported, exported, and wheeled for
transactions in which they are the purchasing-selling entity on the last
physical path segment that crosses the border of the state of California,
access to review the raw e-Tag data, a tabulated summary, and query
description;
(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;
(7) Description of steps taken and
calculations made to aggregate data into reporting categories required pursuant
to section
95111;
(8) Records of preventive and corrective
actions taken to address verifier and ARB findings of past nonconformances and
material misstatements;
(9) Log of
emissions data report modifications made after initial certification;
and
(10) A written description of
an internal audit program that includes emissions data report review and
documents ongoing efforts to improve the GHG Inventory
Program.
1. New
section filed 12-2-2008; operative 1-1-2009 (Register 2008, No.
49).
2. Amendment of section heading, section and NOTE filed
12-14-2011; operative 1-1-2012 pursuant to Government Code section
11343.4
(Register 2011, No. 50).
3. Editorial correction of section heading
(Register 2012, No. 4).
4. Amendment of subsections (c) and (d)(6)
filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section
11343.4
(Register 2012, No. 51).
5. Amendment of subsections (c) and (c)(7)
filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 1).
6. Amendment of subsections (a)-(b), (c)(3)
and (d)(6) filed 9-1-2017; operative 1-1-2018 (Register 2017, No.
35).
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.
