Section 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.Cal. Code Regs. Tit. 17, § 95100
1. New article 2 (subarticles 1-4, sections 95100-95133 and Appendix A) and section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
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.
1. New article 2 (subarticles 1-4, sections 95100-95133 and Appendix A) and section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
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).