Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the
purposes of this article, the following definitions apply:
(1) "ARB" means the California Air Resources
Board.
(2) "Assessment Report" or
"report" means the report of the facility energy consumption and emissions
analysis and energy efficiency improvement analysis prepared by an operator or
third party entity and submitted to ARB pursuant to sections
95604 and
95605.
(3) "Average recurring annual budgetary cost"
means the expected annual budgetary cost associated with implementing an energy
efficiency improvement project, averaged over the project life. The annual cost
must include, but is not limited to, operation and maintenance of the energy
efficiency improvement project.
(4)
"British Thermal Unit" or "Btu" means the quantity of heat required to raise
the temperature of one pound of water by one degree Fahrenheit at about 39.2
degrees Fahrenheit.
(5) "Budgetary
cost estimate" means a cost estimate that is used for project comparison
purposes, but does not require detailed engineering and therefore has a
correspondingly lower accuracy.
(6)
"Calendar year" means the time period from January 1 through December
31.
(7) "California Environmental
Quality Act" or "CEQA" means California Public Resources Code Sections
21000
et seq.
(8) "Carbon dioxide" or
"CO2" means the most common of the six primary
greenhouse gases, consisting on a molecular level of a single carbon atom and
two oxygen atoms.
(9) "Carbon
dioxide equivalent" or "CO2 equivalent" or
"CO2e" means a measure for comparing carbon dioxide with
other GHGs, based on the quantity of those gases multiplied by the appropriate
global warming potential (GWP) factor and commonly expressed as metric tonnes
of carbon dioxide equivalents (MTCO2e).
(10) "Cement plant" means an industrial
structure, installation, plant, or building primarily engaged in manufacturing
Portland, natural, masonry, pozzolanic, and other hydraulic cements, and
typically identified by NAICS code 327310.
(11) "Clinker" means the mass of fused
material produced in a cement kiln from which finished cement is manufactured
by milling and grinding.
(12)
"Combined cycle electricity generating facility" means an electricity
generating facility that uses the waste heat from a gas turbine to provide heat
energy for a steam turbine.
(13)
"Criteria air pollutant" means substances identified in title 17, California
Code of Regulations, Section
70200. Examples include carbon
monoxide, nitrogen dioxide, sulfur dioxide, particulate matter with aerodynamic
diameters of 10 microns or less (PM10) and PM 2.5.
(14) "Distillate fuel oil" means a general
classification for a petroleum fraction produced in conventional distillation
operations. It includes diesel fuels and fuel oils.
(15) "District" has the same meaning as
defined in the California Health and Safety Code, Section
39025.
(16) "Electricity generating facility" means
a facility that generates electricity and includes one or more generating units
at the same location.
(17)
"Emissions" means the release of greenhouse gases, criteria air pollutants, or
toxic air contaminants into the atmosphere from sources and processes in a
facility.
(18) "Emissions data
report" or "greenhouse gas emissions data report" means the report prepared by
an operator each year and submitted by electronic means to ARB that provides
the information required by the Regulation for the Mandatory Reporting of
Greenhouse Gas Emissions, Subchapter 10, Article 2, sections
95100 to
95133, title 17, California Code
of Regulations.
(19) "Energy" means
any source of usable heat or power, such as fuel or electricity.
(20) "Energy efficiency" means a measure of
the relative quantity of energy required to accomplish a task with the minimum
energy expenditure.
(21) "Energy
efficiency assessment" means an assessment as specified in section
95604.
(22) "Energy efficiency improvement project"
means an undertaking involving such activities including, but not limited to,
improvement in maintenance or other practices, monitoring systems, specific
processes, or new or improved technologies, in order to increase energy
efficiency at a facility.
(23)
"Entity" means a person, firm, association, organization, partnership, business
trust, corporation, limited liability company, company, or government
agency.
(24) "Equipment" means any
stationary article, machine, or other contrivance, or combination thereof, used
for specific purposes within a facility; equipment does not mean portable
equipment, tactical support equipment, mobile vehicles, or generating units
designated as backup or emergency generators in a permit issued by
District.
(25) "Executive Officer"
means the Executive Officer of the ARB or his or her delegate.
(26) "Facility" means any property, plant,
building, structure, stationary source, stationary equipment or grouping of
stationary equipment or stationary sources 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 operational control,
that emits or may emit any greenhouse gases.
(27) "Fluorine" means the most reactive
nonmetallic element, generally designated with the symbol "F" and with an
atomic weight of 18.9984.
(28)
"Fuel" means solid, liquid, or gaseous combustible material used to create heat
or power.
(29) "Global warming
potential" or "GWP factor" means the radiative forcing impact of one mass-based
unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide
over a given period of time.
(30)
"Greenhouse gas" or "greenhouse gases" or "GHG" means carbon dioxide
(CO2), methane (CH4), nitrous
oxide (N20), sulfur hexafluoride
(SF6), hydrofluorocarbons (HFCs),
and perfluorocarbons (PFCs).
(31) "Greenhouse gas source" means any
physical unit, process, or other use or activity that emits a greenhouse
gas.
(32) "Hydrocarbons" means
chemical compounds containing predominantly carbon and hydrogen.
(33) "Hydrofluorocarbons" or "HFCs" means a
class of GHGs primarily used as refrigerants, consisting of hydrogen, fluorine,
and carbon.
(34) "Hydrogen" means
the lightest of all elements, designated by the symbol "H" and with an atomic
weight of 1.00797; commonly exists as a gas consisting on the molecular level
of two hydrogen atoms.
(35)
"Kerosene" means a light distillate fuel that includes No.1-K and No. 2-K as
well as other grades of range or stove oil that have properties similar to
those of No. 1 fuel oil.
(36)
"Kiln" means a device, including any associated preheater or precalciner device
that produce clinker by heating limestone and other materials for subsequent
production of Portland or other cement.
(37) "Kilowatt hour" or "kWh" means the
electrical energy unit of measure equal to one thousand watts of power supplied
to, or taken from, an electric circuit steadily for one hour. (A watt is a unit
of electrical power equal to one ampere under pressure of one volt, or 1/746
horsepower.)
(38) "Methane" or
"CH4" means a colorless, odorless, flammable gas
consisting on the molecular level of a single carbon atom and four hydrogen
atoms.
(39) "Metric tonne" or "MT"
or "tonne" means a common international measurement for the quantity of GHG
emissions, equivalent to about 2204.6 pounds or 1.1 short tons.
(40) "Mobile combustion source" means a
source of emissions resulting from combustion by a vehicle or other
non-stationary, self-propelled combustion sources that produces greenhouse gas,
criteria air pollutant, and toxic air contaminant emissions. Mobile combustion
sources include, but are not limited to, passenger cars, large/heavy duty truck
cabs and chassis, light and medium duty trucks and vans, motorcycles, public
transit buses, military tanks or other tracked military vehicles, mobile
cranes, bulldozers, concrete mixers, street cleaners, golf carts, all terrain
vehicles, trains, airplanes, boats, ships, implements of husbandry, and hauling
equipment used inside and around airports, docks, depots, and industrial and
commercial plants.
(41) "MMBtu"
means million British thermal units. MMBtu = MWhr x 3.412.
(42) "MWhr" means megawatt hours; equal to
one million watt hours.
(43)
"Nitrous oxide" or "N20" means a GHG consisting at the
molecular level of two nitrogen atoms and a single oxygen atom.
(44) "No. 1 fuel oil" means a light petroleum
distillate fuel oil that meets the specifications of ASTM Specification
D396-07.
(45) "North American
Industry Classification System" or "NAICS" means a standard for use by Federal
statistical agencies in classifying business establishments for the collection,
analysis, and publication of statistical data related to the business economy
of the United States.
(46)
"Operational control" 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 District is considered to have operational control for
purposes of this regulation.
(47)
"Operator" means the entity having operational control of a facility, or other
entity, from which an Assessment Report is required under this
regulation.
(48) "Outside source"
means a source of electricity not contained within a facility.
(49) "Oxides of nitrogen or NOx" means
compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of
nitrogen, which are typically created during combustion processes and are major
contributors to smog formation and acid deposition.
(50) "Perfluorocarbons" or "PFCs" means a
class of greenhouse gases consisting on the molecular level of carbon and
fluorine.
(51) "Petroleum" means an
oily, thick, flammable liquid that is a mixture of various hydrocarbons
occurring naturally within the earth and includes oil derived from tar sands,
shale, and coal.
(52) "Petroleum
refinery" or "refinery" means any facility engaged in producing gasoline,
aromatics, kerosene, distillate fuel oils, residual fuel oils, lubricants, or
other products through distillation of petroleum or through redistillation,
cracking, rearrangement, or reforming of unfinished petroleum
derivatives.
(53) "Portable" is as
defined in title 17, California Code of Regulations, section
93116.2(a)(28).
(54) "Portland cement" means hydraulic cement
(cement that not only hardens by reacting with water but also forms a
water-resistant product) produced by pulverizing clinkers consisting
essentially of hydraulic calcium silicates, usually containing one or more of
the forms of calcium sulfate as an inter-ground addition.
(55) "Process" means an action or series of
actions performed in progressive and interdependent steps by equipment within a
facility to produce or aid in producing a product such as cement, fuel,
electricity, hydrogen, or other chemicals.
(56) "Process flow diagram" means a schematic
representation of a facility which identifies the processes or systems within
the facility and any interaction between the processes or systems such as
transfer of material or energy from one process or system to another.
(57) "Project life" means the length of time
an energy efficiency improvement project is expected to be employed.
(58) "Reactive Organic Gas" means a
photochemically reactive chemical gas, composed of non-methane hydrocarbons,
that may contribute to the formation of smog.
(59) "Residual fuel oil" means a general
classification for the heavier oils, known as No. 5 and No. 6 fuel oils, that
remain after the distillate fuel oils and lighter hydrocarbons are distilled
away in refinery operations.
(60)
"Source" means a piece of equipment, process or facility that emits greenhouse
gases, criteria air pollutants or toxic air contaminants.
(61) "Sulfur hexafluoride" or
"SF6" means a GHG consisting on the molecular level of a
single sulfur atom and six fluorine atoms.
(62) "System" means a group of interacting,
interrelated, or interdependent processes within a facility.
(63) "Tactical support equipment" means
equipment using a portable engine, including turbines, that meets military
specifications, owned by the U.S. Department of Defense and/or 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, engines associated with
portable generators, aircraft start carts, heaters and lighting
carts.
(64) "Third party" means an
entity hired by, but not otherwise affiliated with, a facility to conduct the
facility's "energy efficiency assessment" as defined and/or develop the
facility Assessment Report.
(65)
"Ton" means a short ton equal to 2,000 pounds.
(66) "Toxic air contaminant" means a
substance identified by the Air Resources Board as a toxic air contaminant
pursuant to H&SC Section
39657.
(67) "Transportation fuel" means a fuel
produced in a petroleum refinery to be sold into commerce for transportation
purposes.
(68) "Watt hour" means a
unit of energy, especially electrical energy, equal to the work done by one
watt acting for one hour.
1. New
section filed 6-16-2011; operative 7-16-2011 (Register 2011, No.
24).
Note: Authority cited: Sections
38510,
38530,
38560,
38562,
39600,
39601,
39659
and
41511,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38530,
38550,
38551,
38560,
38561,
38562,
38563,
39003,
39500,
39600,
39601,
39659
and
41511,
Health and Safety Code.