Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
General
Applicability.
Except as provided in section
93401(b), this
article applies to the owners or operators of any facility described in
sections 93401(a)(1), (2), (3), or
(4) that is located in California and has
been issued a permit to operate by an air district.
(1)
Greenhouse Gas (GHG) Reporter
Applicability (GHG Facility). A facility that is required to report to
the state board the facility's greenhouse gas emissions for the data year,
pursuant to H&SC section
38530. For determining
applicability under section
93401(a)(1), a
facility includes any onshore petroleum and natural gas production
facility.
(2)
Criteria
Emissions Greater Than 250 Tons per Year (tpy) Applicability (Criteria
Facility). A facility that is located in an air district for which any
portion of the air district has been designated as nonattainment with respect
to either the National Ambient Air Quality Standards (NAAQS) or the California
Ambient Air Quality Standards (CAAQS), and that is authorized by one or more
permit(s) issued by an air district to emit 250 or more tpy of any applicable
nonattainment pollutant or its precursors during the data year.
(3)
Elevated Prioritization Toxics
Applicability (Elevated Toxics Facility). A facility that is
categorized by the local air district as high priority for toxic air
contaminant emissions at the beginning of the data year, based on cancer or
noncancer health impacts pursuant to H&SC section
44360. A local air district may
recategorize a facility's priority based on an assessment of human health risk
or other information, pursuant to the district's prioritization
policies.
(4)
Additional
Applicability (Additional Applicability Facility). A facility with one
or more permits to operate issued by an air district with actual emissions or
activity levels exceeding any of the thresholds specified in (A) through (C)
below, within the data year. The applicability determination must include the
data year emissions from all permitted processes and devices at the facility.
If local air district rules or policies require reporting of emissions from
unpermitted sources for a facility, such sources may be included in the
applicability determination specified in (A) through (C), below.
(A) For a facility located within District
Group A, 4 tpy of any criteria air pollutant (except for carbon monoxide). For
a facility located within District Group B, 10 tpy of any criteria air
pollutant (except for carbon monoxide). At the discretion of the local air
district, the 4 tpy and 10 tpy thresholds for applicability can be based on the
facility's authorized (permitted) potential to emit, instead of actual data
year emissions.
(B) 100 tpy of
carbon monoxide. At the discretion of the local air district, the 100 tpy
threshold for applicability can be based on the facility's authorized
(permitted) potential to emit, instead of actual data year emissions.
(C) Activity levels or emissions levels
published in Appendix A, Table A-3 for a permitted emissions process at a
facility classified with a matching primary or secondary Standard Industrial
Classification (SIC) code or North American Industry Classification System
(NAICS) code listed for the permitted emissions process. If the SIC or NAICS
codes have a designation of "Any" in Table A-3 for a permitted process, then
reporting for the process is required regardless of the SIC or NAICS
designation for the facility performing the process, if the listed activity
level reporting threshold is exceeded.
(b)
Facility Exclusions.
(1) For facilities identified in section
93401(a)(1), this
article does not apply to, and emissions reporting is not required for, the
following facilities or entities that are subject to reporting their greenhouse
gas emissions pursuant to California Code of Regulations (CCR), title 17,
section 95101:
(A) Suppliers of transportation fuels (CCR,
title 17, section
95121), suppliers of natural gas,
natural gas liquids, and liquefied petroleum gas (CCR, title 17, section
95122), and suppliers of carbon
dioxide (CCR, title 17, section
95123), that do not report any
facility combustion emissions under the requirements of CCR, title 17, sections
95100 through
95158.
(B) Electric power entities as defined in
CCR, title 17, section
95102.
(C) Natural gas distribution
facilities.
(2) This
article does not apply to, and emissions reporting is not required for the
sources specified in subsections (A), (B), and (C) below. Any emissions
associated with the specified sources are excluded from facility applicability
determinations.
(A) Emissions from the
combustion of diesel fuel or other fuels in internal combustion engines that
are used for irrigation pumps (including booster pumps and groundwater well
pumps) at agricultural operations.
(B) Emissions from open burning of fields, or
open burning of agricultural wastes or agricultural residues, or permitted open
burning including prescribed forest burns and permitted open burning of debris
on-site.
(C) Emissions from
tactical support equipment (TSE).
(c)
Cessation of Reporting.
The owner or operator of a facility that is subject to
reporting pursuant to the applicability criteria in sections
93401(a)(1), (2), (3), or
(4), and submits notification to the
California Air Resources Board (CARB) and the local air district according to
this section certifying that no applicability criteria apply to the facility,
may cease reporting required by this article.
(1) The owner or operator of the facility
must provide in the notification the reason(s) for cessation of reporting,
describing which applicability criteria no longer apply to the facility and why
applicability is no longer triggered, for example: the facility has permanently
shut down, the facility's permits to operate have been cancelled, or the
facility is no longer categorized by the local air district as high priority
for toxic air contaminant emissions (and does not meet any other applicability
criteria). The designated representative for the facility must certify in
writing or via email that no applicability criteria of this article apply to
the facility. Facility owners or operators must provide the cessation
notification to CARB at the mail address or email address indicated in section
93403(f) of this
article, and to the local air district.
(2) The cessation notification must be
submitted no later than May 1, or by the local air district's data reporting
deadline if it is earlier than May 1, of the year in which the emissions report
is due.
(3)
Reinstatement
of Reporting Requirements. Any facility that ceases reporting is again
subject to reporting under the full requirements of this article if in the
future it meets any of the applicability criteria in sections
93401(a)(1) through
(4).
(d)
Determination of
Nonapplicability. CARB's Executive Officer or the Air Pollution
Control Officer of the local air district, or their respective designees may
request from any facility owner or operator emissions data, fuel use,
throughput information, activity data, or process data necessary to determine
if the facility meets one or more of the applicability criteria specified under
sections 93401(a)(1) through
(4). Requests by the Executive Officer or
local air districts shall be based on the evaluation of CARB, local air
district, or other information regarding the expected or known facility
operations, processes, or emission levels, which indicate whether there is
reasonable potential for a facility to be subject to one or more of the
applicability criteria of this article. Such requested information must be
provided to the Executive Officer or local air district within 30 calendar days
of receipt of a written request.
1. New
section filed 11-22-2019; operative 1-1-2020 (Register 2019, No.
47).
2. Amendment of section and NOTE filed 10-28-2021; operative
1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.
Note: Authority cited: Sections
39600,
39601,
39602,
39605,
39606,
39607,
39607.1,
39607.3,
39701,
40913,
41500,
41511,
42700,
42705,
42705.5,
42705.6
and
44391.2,
Health and Safety Code. Reference: Sections
39003,
39500,
39606,
39607.1,
42705.5,
44301
and
44391.2,
Health and Safety Code.
