Cal. Code Regs. Tit. 17, § 95100 - Purpose and Scope
(a)
The purpose of this article is to establish mandatory greenhouse gas (GHG)
reporting, verification, and other requirements for operators of certain
facilities that directly emit GHGs, suppliers of certain fuels and carbon
dioxide, electric power entities, verifiers of GHG emissions data reports and
offset project data reports submitted pursuant to the cap-and-trade regulation,
and verification bodies. This article is designed to meet the requirements of
section
38530
of the Health and Safety Code, and to support GHG emissions inventory and
regulatory programs of the California Air Resources Board.
(b)
Organization of this
Article. Subarticle 1 specifies general requirements for the reporting
of GHG emissions that apply to all reporting entities listed in section
95101. Subarticle 2 specifies
reporting requirements and calculation methods for specific types of facilities
and entities. Subarticle 3 specifies additional requirements for reported data,
including procedures for the substitution for missing data. Subarticle 4
specifies verification requirements for GHG emissions data reports,
requirements for those who provide verification services for GHG reporting
entities, and accreditation requirements for verifiers of emissions data
reports and offset project data reports. Subarticle 5 specifies reporting
requirements and calculation methods for petroleum and natural gas production,
processing, and storage facilities.
(c)
U.S. EPA GHG Reporting
Rule. This article incorporates various provisions of title 40, Code
of Federal Regulations (CFR), Part 98. These provisions are a portion of the
U.S. Environmental Protection Agency (U.S. EPA) Final Rule on Mandatory
Reporting of Greenhouse Gases. Unless otherwise specified, references in this
article to 40 CFR Part 98 are to those requirements promulgated by U.S. EPA and
published in the Federal Register on October 30, 2009, July 12, 2010, September
22, 2010, October 28, 2010, November 30, 2010, December 17, 2010, and April 25,
2011.
(d) Except as otherwise
specifically provided:
(1) Wherever the term
"Administrator" is used in the federal rules referred to in this article, the
term "Executive Officer of the California Air Resources Board" or "Executive
Officer" shall be substituted.
(2)
Wherever the term "EPA" is used in the federal rules referred to in this
article, the term "California Air Resources Board" or "ARB" shall be
substituted.
(3) In cases where the
owner and operator of a facility or a supplier are not the same party, the
operator is responsible for compliance with this article.
(4) For purposes of reporting GHG emissions
in California, reporting entities must follow the requirements of this article
where any incorporated provisions of 40 CFR Part 98 or Part 75 appear in
conflict with it.
Notes
2. Relocation and amendment of subarticle 1 heading from preceding section 95102 to precede section 95100, amendment of section heading and section and repealer and new NOTE filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
Note: Authority cited: Sections 38510, 38530, 39600, 39601 and 41511, Health and Safety Code. Reference: Sections 38530, 39600 and 41511, Health and Safety Code.
2. Relocation and amendment of subarticle 1 heading from preceding section 95102 to precede section 95100, amendment of section heading and section and repealer and new Note filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
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