Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Owners or operators of the facilities subject to this
article must submit complete emissions reports according to the requirements
specified in section
93403 for criteria air pollutants
and toxic air contaminants.
(a)
GHG, Criteria, and Elevated Toxics Facilities Emissions Reporting:
Phase-In Schedule. Owners or operators of a GHG, Criteria, or Elevated
Toxics Facility subject to reporting per sections
93401(a)(1), (2), or
(3) must submit annual emissions reports
according to the following phase-in schedule.
(1)
Annual Emissions Reporting Using
Existing District Program and Methods: Phase-In Period. Owners or
operators of a facility specified below in 93403(a)(1)(A) and (B) must submit
annual emissions reports during the phase-in periods described below that
include all data as specified by the local air district's existing emissions
reporting program and methods for the 12-month period of time currently
required to be reported by the local air district. The annual emissions reports
submitted during this phase-in period do not require reporting of the contents
of section
93404, unless required by the
local air district. Facility owners or operators submitting emissions reports
during the phase-in period must either provide emissions data for the criteria
air pollutants and toxic air contaminants pursuant to the local air district's
existing emissions reporting program, or provide sufficient activity level data
for the air district to calculate such emissions using the existing district
program and methods.
(A) For GHG and Criteria
Facilities subject to reporting per sections
93401(a)(1) and
(2), the above phase-in period and district
existing methods requirements apply for 2019 data reported in 2020.
1.
Criteria Facility Permitted
Emissions Reporting Delay. Criteria Facilities subject to reporting
per section
93401(a)(2), but
not subject to 93401(a)(1) or 93401(a)(3), are not required to provide an
annual emissions report per this article for the 2019 data year unless actual
emissions of any applicable nonattainment pollutant or its precursors exceeds
250 tpy. Following the 2019 data submission in 2020, applicability for Criteria
Facilities is based on air district permitted emissions, and not actual
emissions.
(B) For
Elevated Toxics Facilities subject to reporting only per section
93401(a)(3), the
above section
93403(a)(1)
phase-in and district existing methods requirements apply to both the 2019 data
reported in 2020, and the 2020 data reported in 2021.
(2)
Annual Emissions
Reporting. Following the phase-in periods described above in
93403(a)(1), owners and operators of GHG, Criteria, or Elevated Toxics
Facilities must submit annual emissions reports according to the requirements
and containing the
Facility Data of section
93404(a) and the
Full Report Contents of 93404(b)(1).
(A) Owners or operators of a GHG, Criteria,
or Elevated Toxic Facility subject per 93401(a)(1), (2), or (3) may defer
reporting the release location data specified in 93404(b)(1)(D) and the
substances listed in Appendix B, Table B-2, until 2022 data reported in 2023.
Additionally, for these sources, reporting of substances listed in Appendix B,
Table B-3, may be deferred until 2026 data reported in
2027.
(b)
Additional Applicability Facilities Emissions Reporting.
Owners and operators of an Additional Applicability Facility subject to
reporting only per section
93401(a)(4) and
no other applicability criteria, must submit emissions reports according to
this section.
(1)
Initial Emissions
Reporting. Based on the facility District Group location and the
Sector Phase of the Permitted Process triggering applicability, owners and
operators of an Additional Applicability Facility subject to reporting only per
section 93401(a)(4) and
no other applicability criteria, must submit an initial emissions report for
the data year indicated in Table A-1 of Appendix A, except for agricultural
operation facilities as specified in 93403(b)(5). As specified under Section
93401(a)(4)(C),
once any applicability criteria is met by a facility, all facility sources
specified in 93404(c)(2) are reportable, regardless of the Sector Phase of
additional facility sources. Submittal of emissions reports for other data
years is optional until the years indicated for Annual Emissions
Reporting in 93403(b)(2).
(2)
Annual Emissions
Reporting. With the exception of facilities that meet the Sector Phase
3B category criteria in Table A-3, following initial emissions reporting,
owners and operators of an Additional Applicability Facility subject to
reporting only per section
93401(a)(4) and
no other applicability criteria, must submit annual emissions reports beginning
with the 2026 data year reported in 2027 for facilities in District Group A,
and beginning with the 2028 data year reported in 2029 for facilities in
District Group B. Sector Phase 3B sources must submit annual emissions reports
beginning with the 2028 data year in 2029, regardless of District Group, as
specified in Table A-1.
(3)
Emissions Report Contents. Emissions reports for an Additional
Applicability Facility subject to reporting only per section
93401(a)(4) and
no other applicability criteria must include the
Facility Data
of 93404(a), and either the
Full Report Contents specified in
section 93404(b)(1) or
the
Abbreviated Report Contents specified in section
93404(b)(2), as
applicable.
(A)
Release Location Data
Reporting. Owners or operators of an Additional Applicability Facility
subject only per 93401(a)(4) and required to report the Full Report
Contents of section
93404(b)(1) are
not required to report the release location data specified in 93404(b)(1)(D),
unless the data is requested by the Executive Officer or the local air district
prior to the beginning of the data year for which the release location data
reporting is required.
(4) For a facility subject only to reporting
per section
93401(a)(4) and
not submitting an abbreviated report, that facility's emissions report must
include all emissions sources specified in 93404(c)(2), as applicable (not only
those triggering applicability in Table A-3 of Appendix A), including those
permitted processes that may be subject to phase-in emission reporting
requirements in a future data year.
For sources subject to reporting only per sections
93401(a)(4)(A)-(C)
that are included under Sector Phase 3B in Table A-3, such facilities may
postpone the initial reporting year reporting until the 2028 data year, even if
other permitted processes in Sector Phases 1, 2, or 3 are present at the
facility.
(5) Agricultural
operation facilities subject only to reporting per section
93401(a)(4) may
postpone the initial year of reporting to Sector Phase 3 for the applicable
District Group identified in Table A-1 of Appendix A.
(c)
Submittal of Emissions
Reports. For facilities subject to this article, emissions reports
must be submitted to the local air district, or alternatively, to CARB, as
specified in this section.
(1)
Submittal to the Local Air District. Owners and operators of a
facility subject to this article must submit emissions reports to the local air
district by May 1 of the year immediately following the data year, unless
approved by the local air district and the Executive Officer to submit
emissions reports directly to CARB as specified in 93403(c)(2). For one or more
facilities, a local air district may specify a different submittal date which
supersedes the May 1 submittal date, if the district is able to provide the
data to CARB no later than August 1 of the year following the data year. The
local air district will determine the format in which the facility report
contents are submitted to the district.
(A) By
August 1 of the year immediately following the data year, annual emissions
reports submitted to the air district may be submitted by the local air
district on behalf of the owner or operator of the facility to CARB. If the
local air district does not submit the required emissions data to CARB on
behalf of the owner or operator of the facility by August 1 of the year
immediately following the data year, the Executive Officer, after consultation
with the local air district, will notify the designated representative and/or
the owner or operator of the facility to obtain the data required by this
article. The facility designated representative and/or owner or operator must
provide the required emissions data as specified in 93403 and 93404 to both the
local air district and CARB within 30 calendar days of notification.
If an air district elects to quantify emissions on behalf
of the owner or operator of a facility subject to this article, owners or
operators must provide sufficient data for the air district to determine the
data required by section
93404, except for the data
elements identified in sections
93404(b)(1)(C)(3) through
(12), as the air district will determine
those data elements.
(2)
Alternative Submittal to CARB.
-Alternatively, the designated representative and/or owner or operator
of an affected facility may request to submit current and future emissions
reports directly to a CARB administered electronic data system, if such a
system is available, as specified below. Air districts may require one or more
facilities within its boundaries to submit emissions reports directly to the
CARB administered electronic data system. Owners and operators of a facility
submitting directly to CARB must submit emissions reports by August 1 of the
year following the data year.
(A)
Requests for Alternative Submittal to CARB. -Requests by the
designated representative and/or owner or operator of an affected facility must
be submitted to the email address in section
93403(f) and the
Air Pollution Control Officer of the local air district by January 31 of the
year immediately following the data year, to be considered for that data year.
In making the determination, the potential benefits of direct submission to the
CARB administered electronic data system including factors such as data
processing efficiencies, district and CARB data review needs, and report
submission consistency, will be evaluated. The determination will be made
within 45 calendar days of submission. If the request is approved both by
designated representatives of CARB and the Air Pollution Control Officer of the
local air district, the facility emissions reports may be directly submitted to
the CARB administered electronic data system.
(3) If data required from any facility
subject to this article is found to be missing, incomplete, or incorrect, CARB
will contact the air district and notify the facility designated representative
of missing, incomplete, or incorrect data. For the purpose of compliance
determinations, the facility owner or operator shall maintain liability for any
late submittals and errors in data submitted to the local air district or CARB
by the facility owner or operator.
(d)
Disaggregation for GHG
Facilities. For owners or operators of a facility subject to this
article pursuant to section
93401(a)(1) based
on greenhouse gas (GHG) emissions, who report aggregated facility GHG emissions
under CCR, title 17, sections
95100-95163, including but not
limited to onshore petroleum and natural gas production facilities and
geothermal electricity generation facilities, the criteria air pollutant and
toxic air contaminant emissions must be quantified and reported for individual
facilities as identified by local air districts.
(e)
Reporting Responsibilities During
Changes in Ownership. The owner or operator at the time of a reporting
deadline specified in this article must comply with the requirements of this
article.
(1) For a facility, emissions data
for the facility must be reported for the entire data year during which
reporting is required. If an ownership change takes place during a data year or
prior to a reporting deadline for the data year, the prior owner and current
owner share responsibility to ensure that facility emissions data are reported
for the entire data year. Each party is responsible for data collection and
reporting for the period during which they had operational control of the
facility.
(2) For annual reporting
when a change of ownership occurs during the data year or prior to the
reporting deadline for the data year, with concurrence of the local air
district, facility owners or operators must either:
(A) Submit a single consolidated emissions
report which provides data for the entire data year and spans the ownership
change, with the report typically being submitted by the current owner or
operator; or,
(B) Submit individual
emissions reports, by the respective owners or operators, that include data
only for the period during which they held ownership of the
facility.
(f)
Addresses. The following address (in addition to the
appropriate address of the local air district) shall be used for any necessary
notifications or materials that are not submitted by other means as described
in this article:
MANAGER, CRITERIA POLLUTANT AND AIR TOXICS REPORTING
SECTION
SPECIAL ASSESSMENT BRANCH
AIR QUALITY PLANNING & SCIENCE DIVISION
CALIFORNIA AIR RESOURCES BOARD
P.O. BOX 2815
SACRAMENTO, CA 95812
EMAILED NOTIFICATIONS OR MATERIALS MUST BE SUBMITTED TO
CARB
AT:
ctr-report@arb.ca.gov
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.
