Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Emissions from the following source categories and from
the combustion of the following fuel types count toward applicable reporting
thresholds, as applicable in MRR, but do not count toward a covered entity's
compliance obligation set forth in this article unless those emissions are
reported as non-exempt biomass- derived CO2 under MRR.
Emissions without a compliance obligation include:
(a) CO2 emissions from
combustion of the following biomass-derived fuels:
(1) The biogenic fraction of solid waste
materials as reported under MRR;
(2) Waste pallets, crates, dunnage,
manufacturing and construction wood wastes, tree trimmings, mill residues, and
range land maintenance residues;
(3) All agricultural crops or
waste;
(4) Wood and wood wastes
identified to follow all of the following practices:
(A) Harvested pursuant to an approved timber
management plan prepared in accordance with the Z'berg-Nejedly Forest Practice
Act of 1973 or other locally or nationally approved plan; and
(B) Harvested for the purpose of forest fire
fuel reduction or forest stand improvement.
(5) Biodiesel:
(A) Agri-biodiesel derived solely from virgin
oils, including esters derived from virgin vegetable oils from corn, soybeans,
sunflower seeds, cottonseeds, canola, cramble, rapeseeds, safflowers,
flaxseeds, rice bran, mustard seeds, and camelina, and from animal
fats.
(B) Biodiesel is defined as
monoalkyl esters of long chain fatty acids derived from the following plant or
animal matter that meets the requirements of the American Society of Testing
Materials (ASTM) D6751-08 (Standard Specification for Biodiesel Fuel Blendstock
(B100) for Middle Distillate Fuels, 2008):
1.
Waste oils;
2. Tallow; or
3. Virgin oils.
(6) Fuel ethanol (including denaturant):
(A) Cellulosic biofuel produced from
lignocellulosic or hemicellulosic material that has a proof of at least 150
without regard to denaturants;
(B)
Corn starch; or
(C) Sugar
cane.
(7) The biogenic
fraction of municipal solid waste as reported under MRR, including MSW directly
combusted or converted to a cleaner-burning fuel;
(8) Biomethane and biogas from the following
sources:
(A) All animal, plant and other
organic waste; or
(B) Landfills and
wastewater treatment plants;
(9) Renewable diesel.
(b) The following additional process, vented,
and fugitive emissions:
(1) Emissions from
geothermal generating units and geothermal facilities, including geothermal
geyser steam or fluids;
(2) Vented
and fugitive emissions from storage tanks used in petroleum and natural gas
production and natural gas transmission;
(3) Vented and fugitive emissions reported
under sections
95152(e) and (i)
of MRR by local distribution companies that report under section
95122 of MRR;
(4) Vented and fugitive emissions from
natural gas transmission storage tanks used in petroleum and natural gas
production and natural gas transmission, and from produced water;
(5) Emissions reported by petroleum
refineries from asphalt blowing operations, equipment leaks, storage tanks, and
loading operations;
(6) Emissions
from low-bleed pneumatic devices prior to January 1, 2019;
(7) Emissions from intermittent-bleed
pneumatic devices beginning January 1, 2019;
(8) Vented emissions from well-site
centrifugal and reciprocating compressors with a rated horsepower less than
250hp;
(9) Sources for which
fugitive emissions are estimated using leak detection and leaker emission
factors, as required by section
95153(o) of MRR,
and sources for which vented and fugitive emissions are estimated using a
population count and emissions factors, as required by section
95153(p) of
MRR;
(10) Sources for which
emissions originate from offshore petroleum and natural gas production
facilities, as provided in section
95153(q) of
MRR;
(11) Carbon dioxide that is
exported for purposes other than geologic sequestration or enhanced oil
recovery;
(12) Carbon dioxide used
in the carbonation process during sugar production in facilities with NAICS
code 311313;
(13) Carbon dioxide
from fermentation that occurs during the production of food and beverages;
and
(14) For fuel cells powered by
biomass-derived fuels as defined in section
95852.1.1, process emissions from
the oxidation of the biomass-derived fuel are exempt from a compliance
obligation.
(c) Other
Exemptions. The operators of facilities with any of the following activities
are exempt from compliance with this article:
(1) NAICS Code 92811.
1. New
section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
section
11343.4
(Register 2011, No. 50).
2. Change without regulatory effect
amending subsection (a)(5)(B) filed 2-15-2012 pursuant to section
100, title 1, California Code of
Regulations (Register 2012, No. 7).
3. New subsection (a)(9),
amendment of subsections (b)(4) and (b)(10), new subsection (b)(11), subsection
renumbering, amendment of newly designated subsection (b)(12), new subsection
(b)(13), amendment of subsection (c) and new subsection (c)(1) filed 6-26-2014;
operative 7-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 26).
4. Amendment of subsection (b)(12) filed
12-31-2014; operative 1-1-2015 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 1).
5. Repealer of subsection (b)(2), subsection
renumbering, amendment of newly designated subsections (b)(6)-(7) and
(b)(11)-(12) and new subsections (b)(13)-(14) filed 9-18-2017; operative
10-1-2017 pursuant to Government Code section
11343.4(b)(3)
(Register 2017, No. 38).
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.
