Cal. Code Regs. Tit. 17, § 95852.2 - Emissions Without a Compliance Obligation

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.

Notes

Cal. Code Regs. Tit. 17, § 95852.2

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.

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).