Cal. Code Regs. Tit. 17, § 95853 - Calculation of Covered Entity's Full Compliance Period Compliance Obligation
(a) A covered
entity that exceeds the threshold in section
95812 in any of the four data
years preceding the start of a compliance period is a covered entity for the
entire compliance period. The covered entity's full compliance period
compliance obligation in this situation is calculated as the total of the
emissions with a compliance obligation that received a positive or qualified
positive emissions data verification statement, or were assigned emissions
pursuant to section
95131 of MRR from all data years
of the compliance period.
(b) A
covered entity that initially exceeds the threshold in section
95812 in the first year of a
compliance period is a covered entity for the entire compliance period. The
covered entity's full compliance period compliance obligation in this situation
is calculated as the total of the emissions that received a positive or
qualified positive emissions data verification statement, or were assigned
emissions pursuant to section
95131 of MRR from all data years
of the compliance period.
(c) A
covered entity that initially exceeds the threshold in section
95812 in the second year of a
compliance period is a covered entity for the second and any remaining years of
this compliance period. The covered entity's full compliance period compliance
obligation in this situation is calculated as the total of the emissions that
received a positive or qualified positive emissions data verification
statement, or were assigned emissions pursuant to section
95131 of MRR for the second and
any remaining data years of the compliance period.
(d) A covered entity that initially exceeds
the threshold in section
95812 in the final year of a later
compliance period has a compliance obligation for its emissions that received a
positive or qualified positive emissions data verification statement, or were
assigned emissions pursuant to section
95131 of MRR for that year, but
the entity's full compliance period compliance obligation for the current
compliance period is not due the following year. Instead the entity's reported
and verified or assigned emissions for this year will be added to the entity's
full compliance period obligation for the subsequent compliance
period.
Notes
2. Amendment of subsection (a), repealer and new subsection (e) and new subsections (e)(1)-(3) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
3. Amendment of section heading and section 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.
2. Amendment of subsection (a), repealer and new subsection (e) and new subsections (e)(1)-(3) filed 6-26-2014; operative
3. Amendment of section heading and section filed 9-18-2017; operative
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