If, after an entity has surrendered its compliance
instruments to fulfill a compliance obligation pursuant to sections
95856 or
95857, the Executive Officer
determines, through an audit or other information, that the entity
under-reported its emissions under MRR for any emissions sources that form the
basis for the entity's compliance obligation, then the following shall
apply:
(a) If the difference between
the emissions used to calculate the compliance obligation and subsequently used
to calculate the number of compliance instruments surrendered pursuant to
sections
95855 or
95856 and the emissionsdetermined
by the Executive Officer to be under-reported for the sum of those emissions is
less than five percent of the emissions number used to calculate the compliance
obligation and subsequently used to calculate the number of compliance
instruments surrendered pursuant to sections
95855 or
95856, then the entity is not
required to take any further action.
(b) If the difference between the emissions
used to calculate the compliance obligation and subsequently calculate the
number of compliance instruments surrendered pursuant to sections
95855 or
95856 and the emissions determined
by the Executive Officer to be under-reported for the sum of those emissions is
more than five percent of the emissions number used to calculate the compliance
obligation and subsequently used to calculate the number of compliance
instruments surrendered pursuant to sections
95855 or
95856, then the entity must
surrender compliance instruments in the following amount:
Cla = EMd - CO - (CO * 0.05)
Where:
"Cla" is the number of additional compliance
instruments that must be surrendered to ARB to cover under-reported
emissions;
"CO" is the emissions number used to determine the
compliance obligation surrendered pursuant to sections
95855 or
95856; and
"EMd" is the number of the emissions determined by the
Executive Officer for the sum of the emissions sources subject to a compliance
obligation.
(c) The entity
must surrender additional compliance instruments as determined pursuant to this
section for under-reporting emissions under MRR at the next compliance event
scheduled pursuant to section
95856. The provisions of sections
95857 and
96014 shall not apply until after
the date of that compliance event. The entity may use any compliance
instruments acceptable for that compliance event to meet these
requirements.
(d) Any determination
that an entity under-reported its emissions shall be made by the Executive
Officer no later than eight years from the applicable verification deadline for
the emissions data report which contained the under-reporting of
emissions.
Notes
Cal. Code Regs. Tit. 17, §
95858
1. New
section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code
section
11343.4
(Register 2011, No. 50).
2. Amendment 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. Amendment filed 9-18-2017; operative
10/1/2017
pursuant to Government Code section
11343.4(b)(3)
(Register
2017, No. 38).
