Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
General Requirements for Monitoring Equipment for Offset Projects. The Offset
Project Operator or Authorized Project Designee must employ the procedures in
the Compliance Offset Protocol for monitoring measurements and project
performance for offset projects. All required monitoring equipment must be
maintained and calibrated in a manner and at a frequency required by the
equipment manufacturer, unless otherwise specified in the applicable Compliance
Offset Protocol. All modeling, monitoring, sampling, or testing procedures must
be conducted in a manner consistent with the applicable procedure.
(b) The Offset Project Operator or Authorized
Project Designee must use the missing data methods as provided in a Compliance
Offset Protocol for that offset project type, if provided and
applicable.
(c) An Offset Project
Operator or Authorized Project Designee must put in place all monitoring
equipment or mechanisms required by the applicable version of the Compliance
Offset Protocol for that offset project type as set forth in:
(1) Compliance Offset Protocol Ozone
Depleting Substances Projects, October 20, 2011 and Compliance Offset Protocol
Ozone Depleting Substances Projects, November 14, 2014;
(2) Compliance Offset Protocol Livestock
Projects, October 20, 2011 and Compliance Offset Protocol Livestock Projects,
November 14, 2014;
(3) Compliance
Offset Protocol Urban Forest Projects, October 20, 2011;
(4) Compliance Offset Protocol U.S. Forest
Projects, October 20, 2011, Compliance Offset Protocol U.S. Forest Projects,
November 14, 2014 and Compliance Offset Protocol U.S. Forest Projects, June 25,
2015;
(5) Compliance Offset
Protocol Mine Methane Capture Projects, April 25, 2014; and
(6) Compliance Offset Protocol Rice
Cultivation Projects, June 25, 2015.
(d) Offset Project Reporting Requirements. An
Offset Project Operator or Authorized Project Designee shall submit an Offset
Project Data Report to ARB or an Offset Project Registry for each Reporting
Period as defined in section
95802. Each Offset Project Data
Report must cover a single Reporting Period. Reporting Periods must be
contiguous; there must be no gaps in reporting once the first Reporting Period
has commenced. If the Offset Project Operator or Authorized Project Designee
fails to submit an Offset Project Data Report, then the Offset Project will be
considered terminated and not eligible for ARB offset credits. An Offset
Project Data Report may be submitted after the deadline identified in section
95976(d)(8), but
before the end of the next Reporting Period, to maintain continuous reporting;
however, no ARB offset credits will be issued for the GHG emission reduction or
removal enhancements quantified and reported in the Offset Project Data Report
pursuant to section
95976(d)(9). For
projects developed under the Compliance Offset Protocol in section
95973(a)(2)(C)1.,
there may be one Offset Project Data Report submitted for each offset project
and the Offset Project Data Report may cover up to a maximum of 12 months of
data. The Offset Project Operator or Authorized Project Designee must submit an
Offset Project Data Report to ARB or an Offset Project Registry within 28
months of listing their offset project pursuant to section
95975 and must also meet all other
applicable deadlines pertaining to submittal of the Offset Project Data Report.
If the Offset Project Operator or Authorized Project Designee does not submit
an Offset Project Data Report to ARB or an Offset Project Registry within 28
months of listing an offset project, then the Offset Project Operator or
Authorized Project Designee must update the listing information in the Offset
Project Data Report to reflect the most recent version of the Compliance Offset
Protocol for that project type in order to remain eligible to be issued ARB
offset credits. If an Offset Project Data Report that does not meet the 28
month deadline also fails to meet the deadline in section
95976(d)(8), an
Offset Project Data Report covering the Reporting Period must be submitted
using the most recent version of the Compliance Offset Protocol; however, no
ARB offset credits will be issued for the GHG emission reductions or removal
enhancements, pursuant to section
95976(d)(9). For
forestry offset projects, when an Offset Project Data Report is not filed
within the deadline specified in section
95976(d)(8), the
values used for AConsite,y-1 and
BConsite,y-1 in the Offset Project Data Report for the
following Reporting Period will be the AConsite,y and
BConsite,y values reported in the untimely Offset
Project Data Report for the preceding Reporting Period. The Offset Project Data
Report shall contain the information required by the applicable version of the
Compliance Offset Protocol for that offset project type as set forth in:
(1) Compliance Offset Protocol Ozone
Depleting Substances Projects, October 20, 2011 and Compliance Offset Protocol
Ozone Depleting Substances Projects, November 14, 2014;
(2) Compliance Offset Protocol Livestock
Projects, October 20, 2011 and Compliance Offset Protocol Livestock Projects,
November 14, 2014;
(3) Compliance
Offset Protocol Urban Forest Projects, October 20, 2011;
(4) Compliance Offset Protocol U.S. Forest
Projects, October 20, 2011, Compliance Offset Protocol U.S. Forest Projects,
November 14, 2014, and Compliance Offset Protocol U.S. Forest Projects, June
25, 2015;
(5) Compliance Offset
Protocol Mine Methane Capture Projects, April 25, 2014; and
(6) Compliance Offset Protocol Rice
Cultivation Projects, June 25, 2015.
(7) The Primary Account Representative or
Alternate Account Representative on the Offset Project Operator's tracking
system account must attest, in writing, to ARB as follows:
"I certify under penalty of perjury under the laws of
the State of California the GHG reductions and/or GHG removal enhancements for
[project] from [date] to [date] are measured in accordance with the
[appropriate ARB Compliance Offset Protocol] and all information required to be
submitted to ARB in the Offset Project Data Report is true, accurate, and
complete."
This attestation must be provided with each version of
the Offset Project Data Report to an Offset Project Registry if the offset
project is listed with an Offset Project Registry, or to ARB if the offset
project is listed with ARB.
(8) An Offset Project Data Report must be
submitted within four months after the conclusion of each Reporting Period. For
a submission to be considered valid, the submitted Offset Project Data Report
must include any required attestation(s) and must be signed by the Offset
Project Operator's Primary Account Representative or Alternate Account
Representative.
(9) If an Offset
Project Data Report is not submitted to ARB or an Offset Project Registry as
required by this regulation by the four-month reporting deadline in section
95976(d)(8), the
GHG reductions and GHG removal enhancements quantified and reported in the
Offset Project Data Report are not eligible to be issued registry offset
credits pursuant to section
95980 or ARB offset credits
pursuant to section
95981.
(10) Each version of an Offset Project Data
Report submitted to ARB or an Offset Project Registry must specify the version
number and the date submitted. For offset projects reporting under one of the
Compliance Offset Protocols in section
95976(d)(1),
95976(d)(2), or
95976(d)(4), an
Offset Project Data Report must include both the protocol version under which a
project was listed pursuant to section
95975 and the protocol version
under which a project is reporting pursuant to section
95976(d).
(e) Requirements for Record Retention for
Offset Projects. An Offset Project Operator or Authorized Project Designee must
meet the following requirements:
(1) The
Offset Project Operator or Authorized Project Designee must retain the
following documents:
(A) All information
submitted as part of the Offset Project Data Report;
(B) Documentation of the offset project
boundary, including a list of all GHG emissions sources, GHG sinks, and GHG
reservoirs included in the offset project boundary and the project baseline,
and the calculation of the project baseline, project emissions, GHG emission
reductions, and GHG removal enhancements;
(C) Fuel use and any other underlying
measured or sampled data used to calculate project baseline emissions, GHG
emission reductions, and GHG removal enhancements for each source, categorized
by process and fuel, or material type;
(D) Documentation of the process for
collecting fuel use or any other underlying measured or sampled data for the
offset project and its GHG emissions sources, GHG sinks, and GHG reservoirs for
quantifying project baseline emissions, project emissions, GHG emission
reductions, and GHG removal enhancements;
(E) Documentation of all project baseline
emissions, project emissions, GHG emission reductions, and GHG removal
enhancements;
(F) All point of
origin and chain of custody documents required by a Compliance Offset Protocol,
if applicable;
(G) All chemical
analyses, results, and testing-related documentation for material and sources
used for inputs to project baseline emissions, project emissions, GHG emission
reductions, and GHG removal enhancements;
(H) All model inputs or assumptions used for
quantifying project baseline emissions, project emissions, GHG emission
reductions, and GHG removal enhancements;
(I) Any data used to assess the accuracy of
project baseline emissions, GHG emission reductions, and GHG removal
enhancements from each offset project GHG emissions source, GHG sink, and GHG
reservoir, categorized by process;
(J) Quality assurance and quality control
information including information regarding any measurement gaps, missing data
substitution, calibrations or maintenance records for monitoring equipment, or
models providing data for calculating project baseline emissions, project
emissions, GHG emission reductions, and GHG removal enhancements;
(K) A detailed technical description of any
offset project continuous measurement/monitoring system, including
documentation of any findings and approvals by federal, state, and local
agencies;
(L) Raw and aggregated
data from any measurement system;
(M) Documentation of any changes over time
and the log book on tests, down-times, calibrations, servicing, and maintenance
for any measurement/monitoring equipment providing data for project baseline
calculations, project emissions, GHG emission reductions, and GHG removal
enhancements;
(N) For sequestration
offset projects, documentation of inventory methodologies and sampling
procedures including all calculation methodologies and equations used, and any
data related to plot sampling; and
(O) Any other documentation or data required
to be retained by a Compliance Offset Protocol, if
applicable.
(2) Documents
listed in section
95976(e)(1)
associated with the preparation of an Offset Project Data Report shall be
retained in paper, electronic, or other usable format for a minimum of 15 years
following the issuance of ARB offset credits related to that Offset Project
Data Report. All other documents shall be retained in paper, electronic, or
other usable format for a minimum of 15 years.
(3) The documents retained pursuant to this
section must be sufficient to allow for the verification of each Offset Project
Data Report.
(4) Upon request by
ARB or an Offset Project Registry, the Offset Project Operator or Authorized
Project Designee must provide to ARB or an Offset Project Registry all
documents pursuant to this section, including data used to develop an Offset
Project Data Report within 10 calendar days of the request.
(f) General Procedure for Interim Data
Collection. This section only applies if a Compliance Offset Protocol does not
already include methods, or does not include a specific method for the data in
question, for collecting or accounting for data in the event of missing data
due to an unforeseen breakdown of gas or fuel analytical monitoring equipment
or other data collection systems.
(1) In the
event of an unforeseen breakdown of offset project data monitoring equipment
and gas or fuel flow monitoring devices required for the GHG emission
reductions and GHG removal enhancement estimation, ARB may authorize an Offset
Project Operator or Authorized Project Designee to use an interim data
collection procedure if ARB determines that the Offset Project Operator or
Authorized Project Designee has satisfactorily demonstrated that:
(A) The breakdown may result in a loss of
more than 20 percent of the source's data for the year covered by an Offset
Project Data Report;
(B) The data
monitoring equipment cannot be promptly repaired or replaced without shutting
down a process unit significantly affecting the offset project operations, or
that the monitoring equipment must be replaced and replacement equipment is not
immediately available;
(C) The
interim procedure will not remain in effect longer than is reasonably necessary
for repair or replacement of the malfunctioning data monitoring equipment;
and
(D) The request was submitted
within 30 calendar days of the breakdown of the data monitoring
equipment.
(2) An Offset
Project Operator or Authorized Project Designee seeking approval of an interim
data collection procedure must, within 30 calendar days of the monitoring
equipment breakdown, submit a written request to ARB that includes all of the
following:
(A) The proposed start date and end
date of the interim procedure;
(B)
A detailed description of what data are affected by the breakdown;
(C) A discussion of the accuracy of data
collected during the interim procedure compared with the data collected under
the Offset Project Operator's or Authorized Project Designee's usual
equipment-based method; and
(D) A
demonstration that no feasible alternative procedure exists that would provide
more accurate emissions data.
(3) ARB may limit the duration of the interim
data collection procedure or include other conditions for approval.
(4) Data collected pursuant to an approved
interim data collection procedure shall be considered captured data for
purposes of compliance with a Compliance Offset Protocol. When approving an
interim data collection procedure, ARB shall determine whether the accuracy of
data collected under the procedure is reasonably equivalent to data collected
from properly functioning monitoring equipment, and if it is not, the relative
accuracy to assign for purposes of assessing possible offset material
misstatement under section
95977.1(b)(3)(Q)
of this article.
(g)
General Procedure for Approving Alternate Monitoring and Measurement Methods
Pursuant to Compliance Offset Protocols. This section applies only to alternate
methods for monitoring and measurement that were not in common usage at the
time when ARB adopted the Compliance Offset Protocol under which an Offset
Project Data Report is being submitted. Alternate methods may include remote
sensing methods for forestry or other alternate methods that meet the
requirements of this section.
(1) An Offset
Project Operator or Authorized Project Designee seeking approval of an
alternate monitoring and measurement method must, at least 30 days prior to the
beginning of the reporting period in which the alternate method will be used,
submit a written request to CARB that includes all of the following:
(A) The name and identification numbers of
the offset project for which the alternate method is proposed;
(B) The beginning and end dates for the
reporting period for which the alternate method is proposed;
(C) A detailed description of the alternate
method. This description must include:
1. The
purpose for which the alternate method is proposed;
2. A discussion of the accuracy of the
alternate method, including any peer-reviewed literature or other information
that the Offset Project Operator or Authorized Project Designee believes may
aid CARB in making a determination of the eligibility of the method;
and
3. A detailed analysis
identifying how the alternate method is consistent with the relevant
requirements, and not explicitly prohibited by the applicable Compliance Offset
Protocol.
(2)
ARB may approve an alternate method on an interim basis for one reporting
period to review the accuracy of the method. Approval of an alternate method on
an interim basis in itself does not provide any right to approval on a
longer-term basis. ARB may also include other conditions as part of its interim
approval.
(3) Before approving an
alternate method, ARB shall determine that the accuracy of the alternate method
is at least reasonably equivalent to the accuracy of the method(s) commonly
employed when the Compliance Offset Protocol was adopted and that the alternate
method is capable of being verified to a reasonable level of
assurance.
(4) Data collected
pursuant to an approved alternate method shall be considered in compliance with
the requirements of the relevant Compliance Offset Protocol.
(5) ARB may request additional information
from the Offset Project Operator or Authorized Project Designee seeking
approval of an alternate method prior to approving any request. ARB shall
provide written notification to the Offset Project Operator or the Authorized
Project Designee of approval or disapproval of the interim alternate method
within 30 days of receipt of the request, or within 30 days of receipt of any
additional information requested by CARB, whichever is later.
(6) A request for approval of an alternate
method may only be submitted for a reporting period for which a project is
receiving a full offset verification.
(7) If information comes to ARB's attention
subsequent to approving an alternate method indicating that the alternate
method is not at least reasonably equivalent to the accuracy of the method(s)
commonly employed when the Compliance Offset Protocol was adopted, or is not
capable of being verified to a reasonable level of assurance, ARB may rescind
approval of the alternate method at any time. If after using the alternate
method for one reporting period ARB has not determined that the alternate
method is not at least reasonably equivalent to the accuracy of the method(s)
commonly employed when the Compliance Offset Protocol was adopted, or is not
capable of being verified to a reasonable level of assurance, ARB may approve
the alternate method, including any conditions, on a permanent basis.
(8) For the purposes of this section "common
usage" means a method that is demonstrated to be in use by an offset project
using the same protocol type (e.g., U.S. Forests, livestock, etc.) on the
compliance or voluntary market in the U.S. at the time of adoption of the
Compliance Offset Protocol version.
1. New
section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
section
11343.4
(Register 2011, No. 50).
2. Amendment of subsections (c)(3)-(4), new
subsection (c)(5), amendment of subsections (d) and (d)(3)-(4), new subsection
(d)(5), subsection renumbering and amendment of newly designated subsection
(d)(6) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 26).
3. Amendment of subsections (c)-(c)(2),
(c)(4), (d)-(d)(2) and (d)(4) filed 12-31-2014; operative 1-1-2015 pursuant to
Government Code section
11343.4(b)(3)
(Register 2015, No. 1).
4. Amendment of subsections (c)(4)-(5), new
subsection (c)(6), amendment of subsections (d)(4)-(5), new subsection (d)(6)
and subsection renumbering filed 10-20-2015; operative 11-1-2015 pursuant to
Government Code section
11343.4(b)(3)
(Register 2015, No. 43).
5. Amendment of subsections (d) and (d)(7),
new subsection (d)(10) and amendment of subsections (f), (f)(1)(A)-(B) and
(f)(1)(D) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code
section
11343.4(b)(3)
(Register 2017, No. 38).
6. Amendment of subsections (d)(7)-(10) and
new subsections (g)-(g)(8) filed 3-29-2019; operative 3-29-2019 pursuant to
Government Code section
11343.4(b)(3)
(Register 2019, No. 13).
Note: Authority cited: Sections
38510,
38560,
38562,
38570,
38571,
38580,
39600
and
39601,
Health and Safety Code. Reference: Sections
38530,
38560.5,
38564,
38565,
38570
and
39600,
Health and Safety Code.
