Section 95105 - Recordkeeping RequirementsEach reporting entity that is required to report greenhouse gases under this article, except as provided in section 95103(a)(9), must keep records as required by 40 CFR § 98.3(g)-(h) with the following qualifications.
(a)Duration. Reporting entities with a compliance obligation under the cap-and-trade regulation in any year of the current compliance period must maintain all records specified in 40 CFR § 98.3(g), and records associated with revisions to emissions data reports as provided under 40 CFR § 98.3(h), for a period of ten years from the date of emissions data report certification. The retained documents, including GHG emissions data and input data, covered product data and associated inputs; data associated with thermal energy provided, sold, purchased, or acquired; and, data associated with electricity provided, sold, purchased, or acquired, must be sufficient to allow for verification of each emissions data report. Reporting entities that do not have a compliance obligation under the cap-and-trade regulation during any year of the current compliance period must maintain required records for a period of five years from the date of certification.(b)ARB Requests for Records. Copies of any records or other materials maintained under the requirements of 40 CFR Part 98 or this article must be made available to the Executive Officer upon request, within 14 days of receipt of such request by the designated representative of the reporting entity, unless a different schedule is agreed to by ARB. This includes, but is not limited to, information used to quantify or report emissions and product data in the emissions data report, underlying monitoring and metering data, invoices of receipts or deliveries, sales transaction data, calculation methods, protocols used, analysis results, calibration records, electricity transaction data, and other relevant information.(c)GHG Monitoring Plan for Facilities and Suppliers. Each facility operator or supplier that reports under 40 CFR Part 98, each facility operator or supplier with emissions equal to or exceeding 25,000 MTCO2e (including biomass-derived CO2 emissions and geothermal emissions), and each facility operator or supplier with a compliance obligation under the cap-and-trade regulation in any year of the current compliance period, must complete and retain for review by a verifier or ARB a written GHG Monitoring Plan that meets the requirements of 40 CFR § 98.3(g)(5). For facilities, the Plan must also include the following elements, as applicable: (1) All fuel use measurement devices used for emissions calculations or product data must be clearly identified, and the plan must indicate how data from these devices are incorporated into the emissions data report.(2) Original equipment manufacturer (OEM) documentation, or other documentation that identifies instrument accuracy and required maintenance and calibration requirements for all measurement devices used in the calculation of GHG emissions.(3) Reference to one or more simplified block diagrams that provide a clear visual representation of the relative locations and positions of measurement devices and sampling locations, as applicable, required for calculating covered emissions and covered product data (e.g. temperature, total pressure, HHV, fuel consumption). The diagram(s) must include fuel sources, combustion units, and production processes, as applicable.(4) The dates of measurement device calibration or inspection, and the dates of the next required calibration or inspection.(5) Identification of low flow cutoffs, as applicable.(6) Reference to other independent or internal data management systems and records, including written power contracts and associated verbal or electronic records, full or partial ownership, invoices, and settlements data used to document whether reported transactions are specified or unspecified and whether the requirements for adjustments to covered emissions pursuant to sections 95852(b)(1)(B), 95852(b)(4) and 95852(b)(5) of the cap-and-trade regulation are met, specifically how the entity determined that the electricity associated with the RECs claimed for the RPS adjustment was not directly delivered to California, if reporting an RPS adjustment;(7) Records of the most recent orifice plate inspection performed according to the requirements of ISO 5167-2 (2003), section 5, or AGA Report No 3 (2003) Part 2, which are hereby incorporated by reference.(8) Training practices for personnel involved in GHG monitoring, including documented training procedures, and training materials.(9) Copies of methodologies used for all fuel-based emissions analyses, including the standardized methods chosen as specified in section 95109.(10) At the operator's choosing, a fuel monitoring plan to verify on a regular basis the proper functioning of fuel measurement equipment that is used to determine facility GHG emissions. The operator wishing to preserve the option of using the missing data substitution procedures in section 95129(d)(2) in the event that such procedures become necessary to use, must monitor fuel measurement equipment and maintain records of its proper operation by recording fuel consumption data at least weekly. The operator exercising this option may fulfill periodic fuel monitoring either through manual monitoring or by using an automatic data acquisition system that electronically records, stores, and identifies measurement device malfunctioning periods. The records of fuel consumption must be sufficient for the application of the missing data substitution procedure in section 95129(d)(2) if that option is later chosen by the operator.(d)GHG Inventory Program for Electric Power Entities that Import or Export Electricity. In lieu of a GHG Monitoring Plan, electric power entities that import or export electricity must prepare GHG Inventory Program documentation that is maintained and available for verifier review and ARB audit pursuant to the recordkeeping requirements of this section. The following information is required: (1) Information to allow the verification team to develop a general understanding of entity boundaries, operations, and electricity transactions;(2) Reference to management policies or practices applicable to reporting pursuant to section 95111;(3) List of key personnel involved in compiling data and preparing the emissions data report;(4) Training practices for personnel involved in reporting delivered electricity pursuant to section 95111 and responsible for data report certification, including documented training procedures;(5) Query of NERC e-Tag source data to determine the quantity of electricity (MWh) imported, exported, and wheeled for transactions in which they are the purchasing-selling entity on the last physical path segment that crosses the border of the state of California, access to review the raw e-Tag data, a tabulated summary, and query description;(6) Reference to other independent or internal data management systems and records, including written power contracts and associated verbal or electronic records, full or partial ownership, invoices, and settlements data used to document whether reported transactions are specified or unspecified and whether the requirements for adjustments to covered emissions pursuant to sections 95852(b)(1)(B), 95852(b)(4) and 95852(b)(5) of the cap-and-trade regulation are met;(7) Description of steps taken and calculations made to aggregate data into reporting categories required pursuant to section 95111;(8) Records of preventive and corrective actions taken to address verifier and ARB findings of past nonconformances and material misstatements;(9) Log of emissions data report modifications made after initial certification; and(10) A written description of an internal audit program that includes emissions data report review and documents ongoing efforts to improve the GHG Inventory Program.Cal. Code Regs. Tit. 17, § 95105
1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
2. 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).
3. Editorial correction of section heading (Register 2012, No. 4).
4. Amendment of subsections (c) and (d)(6) filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
5. Amendment of subsections (c) and (c)(7) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).
6. Amendment of subsections (a)-(b), (c)(3) and (d)(6) 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. 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).
3. Editorial correction of section heading (Register 2012, No. 4).
4. Amendment of subsections (c) and (d)(6) filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
5. Amendment of subsections (c) and (c)(7) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3)(Register 2014, No. 1).
6. Amendment of subsections (a)-(b), (c)(3) and (d)(6) filed 9-1-2017; operative 1/1/2018 (Register 2017, No. 35).