The operator of a facility who is required to report
under section
95101 of this article, and who is
not eligible for abbreviated reporting under section
95103(a), must
report as specified below and comply with Subparts C and D of 40 CFR Part 98
(§§
98.30 to
98.48), as applicable, in
reporting emissions and other data from electricity generating and cogeneration
units to ARB, except as otherwise provided in this section. Notwithstanding the
above, the operator of a facility with total facility nameplate generating
capacity of less than 1 MW may elect to follow section
95115 in reporting electricity
generating units as general combustion sources, in lieu of the requirements of
section 95112. If engineering estimation
is used to report disposition of generated energy or energy flow data that are
not used directly to determine emissions, facility operators must demonstrate
accuracy of the chosen engineering estimation method.
(a)
Information About the Electricity
Generating Facility. Notwithstanding any limitations in
40 CFR Parts
75 or 98, the operator of an electricity generating facility is required to
include in the emissions data report the information listed in this paragraph,
unless otherwise specified in paragraphs (e) and (g) of this section for
geothermal facilities and facilities with renewable energy generation.
Reporting of information specified in section
95112(a)(4)-(6)
is optional for facilities that do not provide or sell any generated energy
outside of the facility boundary. However, facility operators that are applying
for or receiving the legacy contract transition assistance under the
cap-and-trade regulation, or that are applying for or receiving the limited
exemption for emissions from the production of qualified thermal output under
the cap-and-trade regulation, must report the information in sections
95112(a)(4)-(6),
even if they do not provide or sell any generated energy outside of the
facility boundary.
(1) If applicable, facility
identification numbers assigned by the California Energy Commission, U.S.
Energy Information Administration, Federal Energy Regulatory Commission's PURPA
Qualifying Facility program, and California Independent System
Operator;
(2) Total facility
nameplate generating capacity in megawatts (MW);
(3) Indicate whether the facility is a
stand-alone electricity generating facility, an independently operated
cogeneration/bigeneration facility co-located with the thermal host, an
independently operated and sited cogeneration/bigeneration facility, or an
industrial/institutional/commercial facility with electricity generation
capacity, as applicable. Also indicate whether the facility is a grid-dedicated
facility, a facility that does not provide any generated energy outside of the
facility boundary, as applicable.
(4) The disposition of generated electricity
in MWh, reported at the facility-level, including for each of the following
disposition categories, if applicable:
(A)
Generated Electricity For Grid. Generated electricity provided
or sold to a retail provider or electricity marketer who distributes the
electricity over the electric power grid for wholesale or retail customers of
the grid. The operator must report the name of the retail provider or
electricity marketer;
(B)
Generated Electricity For Other Users. Generated electricity
provided or sold directly to particular end-users (as defined in section
95102). A reportable end-user
includes any entity, under the same or different operational control, that is
not a part of the facility. Report each end-user's facility name, NAICS code,
and ARB ID if applicable;
1. In addition to
reporting the overall amount of electricity provided or sold directly to end
users, separately quantify and report the subset of generated electricity used
to produce cooling energy (e.g., chilled water) to end-users outside of the
facility boundary.
(C)
Generated Electricity For On-Site Industrial Applications Not Related
to Electricity Generation. If the facility includes industrial
processes or operations that are neither in support of or a part of the power
generation system, report the total amount of generated electricity used by
those on-site industrial processes or operations.
1. In addition to reporting the overall
amount of electricity used for on-site industrial applications not related to
electricity generation, also separately quantify and report the subset of
generated electricity that is used to produce cooling energy used on-site that
is neither in support of nor a part of the power generation system.
If the facility includes equipment that utilizes
generated electricity to produce cooling (e.g., absorption chiller) for the
sole purpose of maintaining temperature in the electricity generation or
cogeneration system, account for such electricity as a part of the difference
between gross generation and net generation (parasitic load) pursuant to
section 95112(b)(2).
If a facility includes more than one electricity
generating unit or cogeneration system, and each unit/system or each group of
units generate electricity for different particular end-users or retail
providers or electricity marketers, the operator must separately report the
disposition of generated electricity by unit/system or by group of units. For
the purpose of separate reporting of disposition, the operator may group
similar units together if the generated electricity from the group of units is
provided to the same destination.
(5) The operator of a cogeneration or
bigeneration unit must report the disposition of the thermal energy (MMBtu)
generated by the cogeneration unit or bigeneration unit ("generated thermal
energy"), reported at the facility-level, including for each of the following
disposition categories, if applicable:
(A)
Generated Thermal Energy For Other Users. Thermal energy
provided or sold to particular end-users (as defined in section
95102). A reportable end-user
includes any entity, under the same or different operational control, that is
not a part of the facility. Report each end-user's facility name, NAICS code,
ARB ID if applicable, and the types of thermal energy product provided. Exclude
from this quantity the amount of thermal energy that is vented, radiated,
wasted, or discharged before the energy is provided to the end-user.
1. In addition to reporting the overall
amount of generated thermal energy for other users, separately quantify and
report the subset of generated thermal energy that is used to produce cooling
energy (e.g., chilled water) or distilled water for a particular end-user
outside of the facility boundary.
(B)
Parasitic Steam Use.
Thermal energy used for supporting power production that has been included in
the quantity reported under paragraph 95112(b)(3) but that is not accounted for
in the quantities reported under paragraphs 95112(a)(5)(A) and (C). This
thermal energy quantity must not include steam directly used for power
production, such as the steam used to drive a steam turbine generator to
generate electricity. Activities for supporting power generation may include
steam used for power augmentation, NOx control, sent to a deaerator, or sent to
a cooling tower.
(C)
Generated Thermal Energy For On-Site Industrial Applications Not
Related to Electricity Generation. If the facility includes other
industrial processes or operations that are neither in support of or a part of
the electricity generation or cogeneration system, report the total amount of
generated thermal energy that is used by those on-site industrial processes or
operations and heating or cooling applications. Exclude from this quantity the
amount of thermal energy that is vented, radiated, wasted, or discharged before
it is utilized at industrial processes or operations. This quantity does not
include the amount of thermal energy generated by equipment that is not an
integral part of the cogeneration unit.
1. In
addition to reporting the overall amount of electricity used for on-site
industrial applications not related to electricity generation, also separately
quantify and report the subset of generated electricity that is used on-site to
produce cooling energy or distilled water that is neither in support of nor a
part of the power generation system.
If the facility includes equipment that utilizes
generated thermal energy to produce cooling (e.g., absorption chiller) for the
sole purpose of maintaining temperature in the electricity generation or
cogeneration system, follow section
95112(a)(5)(B) in
reporting such use of generated thermal energy.
If a facility includes more than one cogeneration or
bigeneration unit/system, and each unit/system or each group of units generate
thermal energy for different particular end-users or on-site industrial
processes or operations, the operator must report the disposition of generated
thermal energy by unit/system or by group of units with the same
dispositions.
For the purpose of separate reporting of disposition,
the operator may group similar units together if the generated thermal energy
from the group of units is provided to the same
destination.
(6) For the first year of reporting,
operators of cogeneration or bigeneration units must submit a simplified block
diagram depicting the following, as applicable: individual equipment included
in the generation system (e.g. turbine, engine, boiler, heat recovery steam
generator); direction of flows of energy specified in paragraphs (a)(4)-(5),
(b)(2)-(4) and (b)(7)-(8) of this section, with the forms of energy carrier
(e.g. steam, water, fuel) labeled; and relative locations of fuel meters and
other fuel quantity measurements. If the cogeneration or bigeneration system is
modified after the initial submission of the diagram, the operator must
resubmit an updated diagram to ARB.
(b)
Information About Electricity
Generating Units. Notwithstanding any limitations in 40 CFR Parts
75
or
98, the operator of an electricity generating unit must include in the
emissions data report the information listed in this paragraph. For aggregation
of electricity generating units, the operator must meet the applicable criteria
in 40 CFR §
98.36(c)(1)-(4), unless
otherwise specified in sections
95115(h) and
95112(b). For an
electricity generation system (a cogeneration system, a bigeneration system, a
combined cycle electricity generation system, or a system with boilers and
steam turbine generators), the operator may aggregate all the units that are
integrated into the system for the purpose of reporting data to ARB. Operators
of Part 75 units may also aggregate units to the system level according to this
paragraph, notwithstanding the limitation in
40 CFR §
98.36(d)(1)(i). If there is
more than one system present at the facility, each system must be reported
separately. For electricity generating units that are not part of an integrated
generation system, aggregation of electricity generating units is limited to
units of the same type, as specified in section
95115(h).
Operators of geothermal facilities, hydrogen fuel cells, and renewable
electricity generating units must follow paragraph (e), (f), or (g) of this
section, whichever is applicable, instead of paragraph (b) of this section. For
bottoming cycle cogeneration units, the operator is not required to report the
data specified in section
95112(b)(4)-(6)
except for any fuels combusted for supplemental firing as specified in section
95112(b)(7).
(1) Basic information about the generating
unit, including:
(A) Nameplate generating
capacity in megawatts (MW);
(B)
Prime mover technology;
(C) For
aggregation of units, provide a description of the individual equipment
included in the aggregation;
(D) If
the unit generates both electricity and thermal energy, indicate whether the
unit is a cogeneration or a bigeneration unit. If the unit is a cogeneration
unit, indicate whether it is topping or bottoming cycle.
(2) Net and gross power generated, in
megawatt hours (MWh). The difference between net generation and gross
generation is the parasitic load of electricity generation or cogeneration. The
net generation quantity represents the amount of generated electricity that can
be provided to the disposition categories in section
95112(a)(4).
(3) If the unit is a cogeneration or
bigeneration unit, the operator must report the total thermal output (MMBtu),
as defined in section
95102, that was generated by the
unit and can be potentially utilized in other industrial operations that are
not electricity generation, including thermal energy that is vented, radiated,
wasted, or discharged. Exclude from this quantity the heat content of returned
condensate and makeup water and steam used to drive a steam turbine generator
for electricity generation. The total thermal output quantity represents the
amount of generated thermal energy that can be provided to the thermal energy
disposition categories in section
95112(a)(5).
(4) Fuel consumption by fuel type, reported
in units of million standard cubic feet for gases, gallons for liquids, short
tons for non-biomass solids, and bone dry short tons for biomass-derived
solids.
(5) If not already required
to be reported under 40 CFR
§
98.36(b) for Subpart
C units and §
98.46 for Subpart D units, annual
CO
2, CH
4, and
N
2O emissions from the unit, expressed in metric tons of
each gas.
(6) If used to calculate
CO
2 emissions and not already required to be reported
under 40 CFR §
98.36(e)(2)(ii)(C) and
(iv)(C), report weighted or arithmetic
average carbon content and high heat value by fuel type, whichever is used in
calculating emissions as specified in
40 CFR §
98.33.
(7) For cogeneration systems, where
supplemental firing has been applied to support electricity generation or
thermal output, report the information in paragraphs (b)(4)-(6). Indicate by
fuel type the portion of the total fuel consumption (MMBtu) that is used for
supplemental firing, and indicate the purpose of the supplemental
firing.
(8)
Other heat
input for electricity generation. If the electricity generation unit
uses additional heat input that is not already accounted for in paragraphs
95112(b)(4)-(6) (for example, if steam or heat is acquired from outside of the
electricity generation system boundary or acquired from another facility for
the generation of electricity), report the amount of acquired steam or heat
(MMBtu). For bottoming cycle cogeneration units only, also report the input
steam to the steam turbine (MMBtu) and the output of the heat recovery steam
generator (MMBtu).
(c)
Emissions from Fuel Combustion and Sorbent. When calculating
CO
2, CH
4, and
N
2O emissions from fuel combustion, the operator who is
subject to Subpart C or D of 40 CFR Part
98 must use a method in
40 CFR §
98.33(a)(1)-(4) as specified
by fuel type in section
95115 of this article, except that
for CO
2 emissions the operator who is subject to Subpart
D of 40 CFR Part
98 may elect instead to follow the provisions in
40 CFR §
98.43, within the limitations of section
95103(m) of this
article.
(1) The operator of a Subpart D unit
must report emissions from fuels combusted within the data year but not
reported pursuant to 40 CFR Part
75 requirements, such as prior to initial
provisional or monitoring certification of CEMS. The operator must use a method
in 40 CFR §
98.33(a)(1)-(4) as specified
by fuel type in section
95115, or if applicable, according
to the
de minimis provisions in section
95103(i) of this
article.
(2) The operator of a
Subpart D unit with contractual deliveries of biomethane or biogas is subject
to the requirements in section
95131(i) of this
article and must follow the procedure in sections
95115(e)(4)-(5)
in calculating emissions from biomethane, biogas, and natural gas.
(3) The operator of a Subpart D unit who
reports CO
2 emissions using emission calculation methods
specified in 40 CFR Part
75 , and who operates a unit with a wet flue gas
desulfurization system, must indicate the portion of the total reported
CO
2 emissions that is generated from sorbent injection
for acid gas removal.
(d)
Monitoring, Data and Records. For each emissions calculation
method chosen under section
95112(c), the
operator must meet the applicable requirements for monitoring, missing data
procedures, data reporting, and records retention that are specified in
40 CFR §
98.34 to §
98.37, except as modified in
sections
95112,
95115, and
95129 of this article.
(e) CO
2
and CH
4
Emissions from
Geothermal Facilities. Operators of geothermal generating facilities
must report CO
2 and CH
4 emissions
from geothermal energy sources, the amount of geothermal steam utilized (MMBtu)
if steam quantity is used in calculating emissions, and applicable requirements
in section
95112(a)(1)-(4), (b)(1)(A)-(C), and
(b)(2). Operators of geothermal generating
facilities must also report whether the source is, (i) a geothermal binary
cycle plant or closed loop system, or (ii) a geothermal steam plant or open
loop system.
The operator must calculate annual emissions of
CO2 and CH4 from geothermal
energy sources using source specific emission factors derived from a
measurement plan approved by the ARB. The operator must submit to the Executive
Officer a measurement plan at least 45 days prior to the first test date. The
measurement plan must include testing at least annually, and more frequently as
needed. Upon approval of the measurement plan by the Executive Officer, the
test procedures in that plan must be performed as specified in the
plan.
(f)
Hydrogen
Fuel Cells. Operators of stationary hydrogen fuel cell units must
include the following information in the annual GHG emissions data report:
(1) Basic information about the generating
unit specified in section
95112(b)(1)-(2);
(2) Fuel or feedstock consumption by
fuel/feedstock type, reporting in units of million standard cubic feet for
gases, gallons for liquids, short tons for non-biomass solids, and bone dry
short tons for biomass-derived solids;
(3) The provider of each fuel or feedstock,
and the user's customer account number;
(4) Cogeneration information in section
95112(b)(3), if
applicable.
(5)
CO
2 emissions from the hydrogen fuel cell, calculated
using one of the following methods:
(A) The
fuel and feedstock mass balance approach in
40 CFR
98.163(b). If the fuel's
carbon content is not known, the facility operator may use the default carbon
content percentage value listed in Table 3-1 of section
95129(c).
(B) For natural gas and biogas, if the fuel
heat input is measured by the facility operator or by the fuel supplier, the
operator may use the following equation to estimate emissions.
CO2 (MT/year) = H (MMBtu/year) x
EF (kg CO2/MMBtu) x 0.001 (MT/kg)
Where
CO2 = Annual
CO2 emissions from fuel and feedstock consumption
(metric tons/year)
H = Total fuel heat input for the year
(MMBtu/year)
EF = Default CO2 emission
factor. Use 53.02 kg CO2/ MMBtu for natural gas. Use
52.07 kg CO2/MMBtu for biogas.
0.001 = Conversion factor from kg to metric
tons.
(C) For biogas fuels,
the facility operator may elect to use the best available estimation and
engineering estimation approach to calculate
emissions.
(g)
On-site Renewable Electricity Generation. The requirements in
this paragraph apply to facilities that meet the applicability for reporting
under section
95101 and are not otherwise
exempted from reporting under section
95101(f). If such
facility includes non-fuel-based renewable electricity generating units with
nameplate generating capacity of greater than 0.5 MW, the operator must report
the nameplate generating capacity (MW), gross power generated (MWh) by the
non-fuel-based renewable electricity generating units, and the applicable
information in 95112(a). For facility operators that do not operate other
electricity generating units that are subject to the requirements in paragraphs
(a)-(f) of section
95112, reporting of information
specified in section
95112(a)(4)(C) and
(a)(5)-(6) is optional.
(h)
Missing Data Substitution
Procedures. To substitute for missing data for emissions reported
under sections
95112 or
95115 of this article (stationary
combustion units and units using continuous emissions monitoring systems), the
operator must follow the requirements of section
95129 of this article. Facilities
reporting under 40 CFR Part
75 must substitute for missing data under the
requirements of that part, as specified in
40 CFR §
98.45.
(i)
Additional Reporting Requirements
for Legacy Contract Applicants. The additional requirements in section
95112(i) apply to
every facility operator that is applying for legacy contract transition
assistance under the cap-and-trade regulation. A legacy contract generator with
an industrial counterparty must submit a simplified block diagram in every year
that the facility operator applies for legacy contract transition assistance.
Legends or attachments may be used when labeling the diagram. If any of the
amounts requested are sums of measurements made by different devices, the
amounts for each device must be shown in the diagram and the summation
described in an attachment.
(1) The diagram
must depict the following elements:
(A) For
the data year, all of the information described in sections
95112(a)(4)-(5),
as applicable, regardless of whether the facility operator, or the equipment,
is itself otherwise subject to sections
95112(a)(4)-(5).
This information reflects electricity and thermal energy flows, including
information identifying the recipient(s) of the electricity and/or thermal
energy. Also report the quantities of any other products provided or sold under
the legacy contract, using the units in which they are reported elsewhere in
this regulation, if applicable. The diagram must indicate where each of these
energy flows or products is measured. In addition, the following information
must be included:
1. Each of the amounts
reported under section
95112(i)(1)(A)
must be labeled indicating whether or not it was provided under the legacy
contract; and
2. All thermal energy
products must be labeled with the type of thermal energy product (e.g., steam,
hot water, chilled water, distilled water).
(B) The individual equipment included in the
system for which the facility operator is applying for legacy contract
transition assistance, and other equipment that is not an integral part of that
system but produces or consumes energy that is sent to or received from that
system and is owned or operated by the facility operator. Boilers, individual
generators such as heat recovery steam generators, turbines if separate from
generators, ice plants, chillers, purifiers and other equipment that meet these
criteria must each be shown separately in the diagram. In addition, label each
piece of equipment with the amount of fuel consumed (in MMBtu) by that piece of
equipment during the data year, if any, and the resulting greenhouse gas
emissions in CO2e as reported elsewhere under this
regulation. The diagram must also indicate the fuel meter where this fuel use
was measured, and the amount measured.
(C) An outline showing the boundary of the
activities covered by the legacy contract.
Notes
Cal. Code
Regs. Tit. 17, §
95112
1. New
section filed 12-2-2008; operative 1-1-2009 (Register 2008, No.
49).
2. Amendment of section heading, section and NOTE filed
12-14-2011; operative 1-1-2012 pursuant to Government Code section
11343.4
(Register 2011, No. 50).
3. Amendment filed 12-19-2012; operative
1-1-2013 pursuant to Government Code section
11343.4
(Register 2012, No. 51).
4. Amendment of subsections (a) and
(a)(4)-(a)(4)(C), new subsections (a)(4)(C)1.-2., amendment of subsections
(a)(5)-(a)(5)(C), new subsections (a)(5)(C)1.-2., amendment of subsections
(a)(6), (b)(2), (b)(3), (c) and (c)(2), new subsection (c)(3), amendment of
subsection (f), new subsections (f)(5)-(f)(5)(C) and amendment of subsection
(h) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 1).
5. Amendment of subsection (a) and new
subsections (i)-(i)(1)(C) filed 12-31-2014; operative 1-1-2015 pursuant to
Government Code section
11343.4(b)(3)
(Register 2015, No. 1).
6. Amendment filed 9-1-2017; operative
1-1-2018 (Register 2017, No. 35).
Note: Authority cited: Sections
38510,
38530,
39600,
39601,
39607,
39607.4
and
41511,
Health and Safety Code. Reference: Sections
38530,
39600
and
41511,
Health and Safety Code.
1. New
section filed 12-2-2008; operative 1-1-2009 (Register 2008, No.
49).
2. Amendment of section heading, section and Note filed
12-14-2011; operative 1-1-2012 pursuant to Government Code section
11343.4
(Register 2011, No. 50).
3. Amendment filed 12-19-2012; operative
1-1-2013 pursuant to Government Code section
11343.4
(Register 2012, No. 51).
4. Amendment of subsections (a) and
(a)(4)-(a)(4)(C), new subsections (a)(4)(C)1.-2., amendment of subsections
(a)(5)-(a)(5)(C), new subsections (a)(5)(C)1.-2., amendment of subsections
(a)(6), (b)(2), (b)(3), (c) and (c)(2), new subsection (c)(3), amendment of
subsection (f), new subsections (f)(5)-(f)(5)(C) and amendment of subsection
(h) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 1).
5. Amendment of subsection (a) and new
subsections (i)-(i)(1)(C) filed 12-31-2014; operative
1/1/2015 pursuant to
Government Code section
11343.4(b)(3)
(Register
2015, No. 1).
6. Amendment filed 9-1-2017; operative
1/1/2018
(Register
2017, No. 35).