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 95604 - Energy Efficiency Assessment Requirements

Universal Citation: 17 CA Code of Regs 95604

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

(a) Facility Energy Consumption and Emissions Analysis. The operator of each applicable facility described in section 95601(a) must conduct an energy consumption and emissions analysis that identifies the facility's processes and equipment types used in the processes, and provides facility energy consumption and resulting greenhouse gas, criteria air pollutant, and toxic air contaminant emissions. The energy consumption and emissions analysis must be provided to the Executive Officer according to the reporting schedule identified in section 95605 and include the information below and any additional information specified in section 95605:

(1) Facility name, ARB identification number as assigned under the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, physical address, mailing address, geographic location (latitude and longitude at main gate or primary facility access point), NAICS code;

(2) Company name (if different than facility name);

(3) Name and contact information including email address and telephone number for the facility operator submitting the Assessment Report and for the person primarily responsible for preparing and submitting the Assessment Report, if different than the facility operator;

(4) If the assessment is conducted by a third party, the name and contact information including email address and telephone number of the company conducting and submitting the Assessment Report and the person primarily responsible for preparing the Assessment Report;

(5) Process flow diagram(s) of the facility, identifying each process or system and its geographic location;

(6) Name and description of each process or system and the equipment types used in each;

(7) Types of energy used in each process or system (i.e., natural gas, purchased electricity, etc.), and whether the energy is purchased or produced by the facility;

(8) Facility energy use and emissions as indicated below:

(A) amount of fuel consumed in 2009 for each fuel type (in MMBtu);

(B) amount of electricity consumed in 2009 (in MMBtu);

(D) greenhouse gas emissions in 2009, reported as CO2e emissions reported by the facility to comply with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, Subchapter 10, Article 2, sections 95100 to 95133, title 17, California Code of Regulations;

(E) criteria air pollutant emissions reported by the facility to the District in 2009 or the previous most recent 12-month period, except as provided in (10) below, as required by Health and Safety Code, section 40701(g), and District rules;

(F) toxic air contaminant emissions reported by the facility to the District in 2009 or the previous most recent 12-month period, except as provided in (10) below, as required by Health and Safety Code, sections 44340, 44341, and 44344 and the Emission Inventory Criteria and Guidelines Report for the Air Toxics "Hot Spots" Program, title 17, California Code of Regulations, section 93300.5.

(9) Facility energy use and emissions reported in (8)(A) through (8)(D) above must be consistent with the facility's verified or certified greenhouse gas emissions data report submitted in accordance with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, Subchapter 10, Article 2, sections 95100 to 95133, title 17, California Code of Regulations for the 2009 calendar year;

(10) Upon approval from the Executive Officer, the operator may provide the criteria and or toxics emissions inventory data indicated in (8) from a different calendar year(s), 12-month period, or a three-year average. Any request for approval for submittal of emissions inventory data from alternative calendar years, 12-month period, or a three-year average must be made in writing by the operator and submitted to the Executive Officer no later than December 1, 2011. The Executive Officer has 30 days to approve or disapprove the request and will notify the operator in writing of the decision.

(11) Operators of facilities that were not required to report or are not reporting to the District facility criteria air pollutant and/or toxic air contaminant emissions shall include the most recent emissions calculated by the District for their facility, indicating the year to which the emissions are assigned.

(b) Energy Efficiency Improvement Analysis. The operator of each applicable facility described in section 95601(a) must conduct an analysis of the energy efficiency improvement opportunities that exist at the facility. The energy efficiency improvement analysis must:

(1) Identify potential improvement projects for equipment, processes, or systems that cumulatively account for at least 95 percent of the facility's total greenhouse gas emissions reported in section 95604(a);

(2) Include a comprehensive assessment of potential energy efficiency improvement opportunities;

(3) Where appropriate or applicable, a facility operator may use an energy assessment conducted for their facility by a state- or federally-sponsored energy assessment program in order to meet applicable portions of the requirements in this subsection; and

(4) Be provided to the Executive Officer according to the reporting schedule identified in section 95605 and include information below and any additional information specified in section 95605 for each potential improvement evaluated:

(A) Existing facility equipment, process, or system involved;

(B) Type of potential improvement, including, but not limited to, equipment upgrades or modifications, process changes, changes to operating procedures or maintenance practices, or investment in new technologies; potential improvement projects should encompass low-cost projects that could be implemented quickly to mid- and long-term projects requiring higher capital expenditures and that may have more extensive facility impacts; emerging technologies that are not yet commercially available may also be considered, and implemented projects may also be included;

(C) Summary description of each potential improvement, including but not limited to, a description of the equipment, process, or system(s) involved and the energy efficiency issues that have been identified, and a description of how the improvement would benefit energy efficiency;

(D) Status of the improvement (i.e., under investigation, scheduled, ongoing, completed, or not implementing);

(E) For any improvement projects not being implemented, provide a description of the rationale for not implementing the project;

(F) Estimated time frame (e.g., 18 months) for the project implementation, the estimated completion year for projects that are scheduled or ongoing, and the actual completion year for projects that have been implemented;

(G) Estimated total one-time budgetary costs (in 2010 dollars), including, but not limited to, capital costs of equipment, installation, design, construction, and permits;

(H) Estimated total average recurring annual budgetary costs (in 2010 dollars), including, but not limited to, operation and maintenance;

(I) Estimated project life;

(J) Estimated average annual energy savings;

(K) Estimated associated average annual GHG emission reductions and criteria air pollutant and toxic air contaminant emission impacts;

(L) Estimated annual cost savings (in 2010 dollars), if applicable;

(M) Specification in detail of the estimation method, source test method, or other measurement method that was used to quantify the estimated GHG, criteria air pollutant, and toxic air contaminant emission impacts in (K) above. The estimation method must include, but is not limited to, emission factors, control efficiency assumptions, and any other key assumptions used. The Executive Officer may work with the facility operator to determine appropriate values and may provide guidance for specific methodologies to be used; and

(N) Identification of any District air quality permit requirements, California Environmental Quality Act requirements, and other implementation considerations (including, but not limited to building, zoning, operational, safety, noise, water, and other environmental impacts).

(c) Alternative Approach Using Energy Consumption. For the Energy Efficiency Improvement Analysis in (b) above, the operator may identify potential improvement projects for equipment, processes, or systems that cumulatively account for at least 95 percent of the facility's total energy consumption as reported in section 95604(a), provided that the Executive Officer finds that this approach is equivalent to the approach contained in section 95604(b). The operator must identify the equipment excluded from the analysis by equipment type and numbers of pieces of equipment per type.

(d) Fuel Use Measurement Accuracy. The operator must employ the procedures for fuel use data measurements as 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.

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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