California Code of Regulations
Title 17 - Public Health
Division 3 - Air Resources
Chapter 1 - Air Resources Board
Subchapter 10 - Climate Change
Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms
Appendix E - Offset Project Activities Within the Scope of Regulatory Compliance Evaluation

For all project types, projects that were not in compliance with requirements regarding occupational health and safety regulations, statutes, or laws, or the timely submittal of periodic reports required by permits, regulations, statutes, or laws, during the reporting period, are still eligible to receive ARB offset credits if the noncompliance has been resolved prior to the submittal of a request for issuance of ARB offset credits pursuant to section 95981. This appendix identifies the specific project activities considered for regulatory compliance by project type.

(a) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)1. All project activities associated with the collection, recovery, storage, transportation, mixing, and destruction of ODS, including the disposal of the associated post-destruction waste products must be in compliance with all requirements that have a bearing on the integrity of the generated offsets.

(b) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)2. All project activities associated with the installation and operation of the biogas control system that captures and destroys the methane must be in compliance with all requirements that have a bearing on the integrity of the generated offsets. Project activities begin at waste collection and end at onsite biogas usage and the disposal of associated digester effluents.

(c) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)3. All project activities associated with tree planting, care, and monitoring must be in compliance with all requirements that have a bearing on the integrity of the generated offsets. In situations where it is unclear if an activity is within the scope of the project as described in the project listing information, ARB will consider the activity within the scope of the project.

(d) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)4. All project activities within the project area that directly affect carbon stocks must be in compliance with all requirements that have a bearing on the integrity of the generated offsets. This includes site preparation, planting, harvesting, and monitoring. Activities external to the project area, such as transportation of logs to mills, mill operations, and landfilling, are outside the project regulatory compliance assessment.

(e) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)5. All project activities associated with the operation of equipment used to collect, treat, transport, or destroy mine gas or ventilation air must be in compliance with all requirements that have a bearing on the integrity of the generated offsets. The scope also includes the drilling and completion of additional wells or boreholes that are part of implementing the project. The drilling and completion of wells, boreholes, or vents at active underground mines for the purposes of mine safety is excluded from the project. Installation and operation of mine safety equipment such as a ventilation system at an active underground mine is also excluded from the scope of determining regulatory compliance and the scope of invalidation.

(f) Projects Using a Compliance Offset Protocol in Section 95973(a)(2)(C)6. All project activities beginning at field preparation for planting and continuing until the end of harvesting must be in compliance with all requirements that have a bearing on the integrity of the generated offsets.

1. New Appendix E filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
2. Amendment of first paragraph filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).