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 9 - Energy Efficiency and CO-Benefits Assessment of Large Industrial Facilities
Section 95603 - Definitions

Universal Citation: 17 CA Code of Regs 95603

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.

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