Section 95104 - Emissions Data Report Contents and MechanismThe reporting entities specified in section 95101 must develop, submit, and certify greenhouse gas emissions data reports to the Air Resources Board each year in accord with the following requirements.
(a)General Contents. In addition to the items specified at 40 CFR § 98.3(c), each reporting entity must include in the emissions data report the following California information: ARB identification number, air basin, air district, county, geographic location, and indicate whether the reporting entity qualifies for small business status pursuant to California Government Code 11342.610. Electricity generating units must also provide Energy Information Administration and California Energy Commission identification numbers, as applicable. Reporters subject to the AB 32 Cost of Implementation Fee Regulation (title 17, California Code of Regulations, section 95200 to 95207), must report the official responsible for fees payment and the billing address for fees.(b)Designated Representative. Each reporting entity must designate a reporting representative and adhere to the requirements of 40 CFR § 98.4 for this representative and for any named alternate designated representatives.(c)Corporate Parent and NAICS Codes. Each reporting entity must submit information to meet the requirements specified in amendments to 40 CFR Part 98 on Reporting of Corporate Parent Information, NAICS Codes and Cogeneration, as promulgated by U.S. EPA on September 22, 2010.(d)Facility Level Energy Input and Output. The operator must include in the emissions data report information about the facility's energy acquisitions and energy provided or sold as specified below. For the purpose of reporting under this paragraph, the operator may exclude any electricity that is generated outside the facility and delivered into the facility with final destination outside of the facility. The operator may also exclude electricity consumed by operations or activities that do not generate any emissions, energy outputs, or products that are covered by this article, and that are neither a part of nor in support of electricity generation or any industrial activities covered by this article. The operator must report this information for the calendar year covered by the emissions data report, pro-rating purchases as necessary to include information for the full months of January and December. (1) Electricity purchases or acquisition from sources outside of the facility boundary (MWh) and the name and ARB identification number of each electricity provider, as applicable. (A) Facilities with a NAICS code listed in Table 8-1 of the cap-and-trade regulation must report the MWh from each electrical distribution utility that provides transmission and/or distribution service and the MWh from each electricity generation provider.(2) Thermal energy purchases or acquisitions from sources outside of the facility boundary (MMBtu) and the name and ARB identification number of each energy provider, as applicable. If the operator acquires thermal energy from a PURPA Qualifying Facility and vents, radiates, wastes, or discharges more than 10 percent of the acquired thermal energy before utilizing the energy in any industrial process, operation, or heating/cooling application, the operator must report the amount of thermal energy actually needed and utilized, in addition to the amount of thermal energy received from the provider.(3) Electricity provided or sold, as specified in section 95112(a)(4), if applicable.(4) Thermal energy provided or sold to entities outside of the facility boundary: the operator must report the amount of thermal energy provided or sold (MMBtu), the names and ARB identification number of each end-user as applicable, and the type of unit that generates the thermal energy. If section 95112 applies to the operator, the operator must follow the requirements of section 95112(a)(5) in reporting the thermal energy generated by cogeneration or bigeneration units, and if applicable, also separately report the information required in paragraph 95104(d)(4) for the thermal energy provided or sold that is not generated by cogeneration or bigeneration units. If the facility boundary includes more than one cogeneration system, boiler, or steam generator, and each unit/system or each group of units produces thermal energy for different particular end-users or on-site industrial processes and operations, the operator must report the disposition of generated thermal energy by unit/system or by group of units with the same dispositions, and by the type of thermal energy product provided.
(e)Reporting Mechanism. Reporting entities shall submit emissions data reports, and any revisions to the reports, through the California Air Resources Board's (ARB) Greenhouse Gas Reporting Tool, or any other reporting tool approved by the Executive Officer that will guarantee transmittal and receipt of data required by ARB's Mandatory Reporting Regulation and Cost of Implementation Fee Regulation. Reporting entities are not responsible for reporting data required under this article that is not specified for reporting in the reporting tool.(f)Increases and Decreases in Facility Emissions. The operator of a facility identified in section 95101(a)(1)(A)-(B) that is subject to the cap-and-trade regulation must include the following information in the emissions data report:(1) Whether a change in the facility's operations or status resulted in an increase or decrease of more than five percent in emissions of greenhouse gases in relation to the previous data year.(2) If there is an increase or decrease of more than five percent in emissions of greenhouse gases in relation to the previous year, the operator must provide a brief narrative description of what caused the increase or decrease in emissions. Include in this description any changes in your air permit status.(3) Verifiers must ensure the information reported pursuant to section 95104(f)(1) is reported in conformance with this article. Section 95104(f)(2), the narrative description, is not subject to the third-party verification requirements of this article.Cal. Code Regs. Tit. 17, § 95104
1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. New subsection (e) filed 6-17-2010; operative 7-17-2010 (Register 2010, No. 25).
3. 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).
4. Amendment of first paragraph and subsection (a) filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
5. Amendment of subsection (d)(4) and new subsections (f)-(f)(4) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
6. Amendment of subsection (a) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
7. New subsection (d)(1)(A), repealer of subsections (b)(2)-(f)(2)(D), subsection renumbering and amendment of newly designated subsections (f)(2)-(3) 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. New subsection (e) filed 6-17-2010; operative 7-17-2010 (Register 2010, No. 25).
3. 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).
4. Amendment of first paragraph and subsection (a) filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
5. Amendment of subsection (d)(4) and new subsections (f)-(f)(4) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
6. Amendment of subsection (a) filed 12-31-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
7. New subsection (d)(1)(A), repealer of subsections (b)(2)-(f)(2)(D), subsection renumbering and amendment of newly designated subsections (f)(2)-(3) filed 9-1-2017; operative 1/1/2018 (Register 2017, No. 35).