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

Universal Citation: 17 CA Code of Regs 95204

Current through Register 2024 Notice Reg. No. 38, September 20, 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.

(d) Natural Gas Utilities, Users and Pipeline Owners and Operators.

(1) All public utility gas corporations and publicly owned natural gas utilities operating in California must annually report the aggregate quantity of natural gas delivered at the meter to all end users, including the aggregate quantity of natural gas delivered to electricity generating facilities, pursuant to section 95122(b)-(d) of the Mandatory Reporting Regulation.

(2) All owners or operators of intrastate pipelines that deliver natural gas directly to end users must annually report the aggregate quantity of natural gas directly delivered at the meter to all end users, including the aggregate quantity of natural gas delivered to electricity generating facilities, pursuant to section 95122(b)-(d) of the Mandatory Reporting Regulation.

(3) All owners or operators that are end users of natural gas received directly from interstate pipelines, except for electricity generating facilities subject to section 95201(a)(4), must annually report the natural gas directly delivered, at the meter from the interstate pipeline(s) pursuant to the reporting requirements of the applicable section of the Mandatory Reporting Regulation.

(4) All California owners or operators that consume natural gas produced on-site and are subject to the verification requirements in Section 95103 of Mandatory Reporting Regulation must report the quantity of emissions resulting from the combustion or consumption of natural gas that is produced from on-site gas wells, excluding natural gas consumed by an electricity generating facility subject to 95201(a)(4), in addition to all information required under the Mandatory Reporting Regulation.

(5) All California owners or operators that consume associated gas produced from on-site oil wells and that are subject to the verification requirements in Section 95103 of Mandatory Reporting Regulation must report all information required by the Mandatory Reporting Regulation, including the quantities of emissions resulting from the combustion of these fuels, excluding associated gas produced on-site and consumed by on-site electricity generating facilities subject to section 95201(a)(4).

(6) The Executive Officer shall calculate the fee liability for Natural Gas Utilities, Users and Pipeline Owners and Operators based on reported data less ARB's calculated fee liability from deliveries to Electricity Generating Facilities which are customers of the supplier.

(7) The Executive Officer shall provide the Natural Gas Utility, User or Pipeline Owner and Operator a listing of all customers subtracted from the supplier's natural gas delivered, no later than September 1 of the corresponding fee determination notice fiscal year.

(e) Producers and importers of Gasoline and Diesel Fuels.

All producers and importers of California gasoline, CARBOB or California diesel fuel must report the total amount of each variety of fuel sold or supplied for use in California which they produced or imported pursuant to the reporting requirements of section 95113(m) or 95121(d) of the Mandatory Reporting Regulation. Producers and importers of CARBOB must report the designated volume/volumes of oxygenate associated with each volume of CARBOB pursuant to the reporting requirements of the Mandatory Reporting Regulation.

(f) Coal, Coal Coke, Catalyst Coke, Petroleum Coke, or Refinery Gas Combustion or Consumption.

All entities that are subject to the verification requirements in Section 95103 of the Mandatory Reporting Regulation, except for electricity generating facilities, must report the following information for each of the following substances that are combusted as fuel or consumed as feedstock pursuant to the applicable sections of the Mandatory Reporting Regulation:

(1) Coal;

The number of tons of coal and the grade of coal combusted or consumed in each calendar year must be reported.

(2) Coal Coke;

The number of tons of coal coke combusted or consumed in each calendar year.

(3) Petroleum coke;

The number of tons of petroleum coke combusted or consumed in each calendar year must be reported.

(4) Catalyst coke;

The quantity of emissions from combustion as reported each calendar year under the applicable section of the Mandatory Reporting Regulation must be reported.

(5) Refinery fuel gas;

The quantity of emissions from combustion or consumption as reported each calendar year under the applicable section of the Mandatory Reporting Regulation must be reported. If known by the reporting entity, the quantity of emissions from natural gas or any remaining useful refinery fuel gas generated from the combustion or consumption of natural gas can be excluded. To exclude the quantity of emissions from natural gas, the following method shall be used:

Qrga=Qrg - (Qng x EFng) - Qrgr

Where:

Qrga = Adjusted quantity of emissions from refinery gas

Qrg = Quantity of emissions from refinery gas reported through the Mandatory Reporting Regulation

Qng = Quantity of natural gas

EFng = Default emission factor for natural gas found in 95203(d).

Qrgr = Quantity of emissions from any remaining useful refinery fuel gas generated from the combustion or consumption of natural gas.

(g) First Deliverers of Electricity

(1) Electrical Generating Facilities. All electricity generating facilities shall provide the same information that is required to be submitted under the Mandatory Reporting Regulation. This information must be reported on the same schedule specified in the Mandatory Reporting Regulation.

(2) Electricity Importers. All electricity importers must report all information required to be submitted under the Mandatory Reporting Regulation.

(h) Cement Manufacturers.

All cement manufacturers must report all information required under the Mandatory Reporting Regulation.

(i) Records Retention.

Entities subject to this subarticle must maintain copies of the information reported pursuant to the applicable sections of the Mandatory Reporting Regulation. Records must be kept at a location within the State of California for five years.

1. New section filed 6-17-2010; operative 7-17-2010 (Register 2010, No. 25).
2. Amendment filed 10-3-2012; operative 10-3-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 40).
3. Editorial correction of subsection (f)(4) (Register 2015, No. 1).
4. Amendment filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).

Note: Authority cited: Sections 38510, 38597, 39600 and 39601, Health and Safety Code. Reference: 38501, 38510, 38597, 39600 and 39601, Health and Safety Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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