Section 95674 - Implementation(a)Implementation by CARB and by the Local Air Districts(1) The requirements of this subarticle are provisions of state law and are enforceable by both CARB and the local air districts where equipment covered by this subarticle is located. Local air districts may incorporate the terms of this subarticle into local air district rules. An owner or operator of equipment subject to this subarticle shall pay any fees assessed by a local air district for the purposes of recovering the district's cost of implementing and enforcing the requirements of this subarticle. Any penalties secured by a local air district as the result of an enforcement action that it undertakes to enforce the provisions of this subarticle may be retained by the local air district.(2) The CARB Executive Officer, at his or her discretion, may enter into an agreement or agreements with any local air district to further define funding, implementation, and enforcement processes, including arrangements further specifying approaches for implementation and enforcement of this subarticle, and for information sharing between CARB and local air districts relating to this subarticle.(3) Implementation and enforcement of the requirements of this subarticle by a local air district shall in no instance result in a standard, requirement, or prohibition less stringent than provided for by this subarticle, as determined by the CARB Executive Officer. The terms of any local air district permit or rule relating to this subarticle do not alter the terms of this subarticle, which remain as separate requirements for all sources subject to this subarticle.(4) Implementation and enforcement of the requirements of this subarticle by a local air district, including inclusion or exclusion of any of its terms within any local air district permit, or within a local air district rule, or registration of a facility with a local air district or CARB, does not in any way waive or limit CARB's authority to implement and enforce upon the requirements of this subarticle. A facility's permitting or registration status also in no way limits the ability of a local air district to enforce the requirements of this subarticle.(b)Requirements for Regulated Facilities(1) Local Air District Permitting Application Requirements (A) Owners or operators of facilities or equipment regulated by this subarticle, and who are required by federal, state, or local law to hold local air district permits that cover those facilities or equipment shall apply for local air district permit terms ensuring compliance with this article. This requirement applies to facilities or equipment upon issuance of any new local air district permit covering these facilities or equipment, or upon the scheduled renewal of an existing permit covering these facilities or equipment.(B) If, after the effective date of this subarticle, any local air district amends or adopts permitting rules that result in additional equipment or facilities regulated by this subarticle becoming subject to local air district permitting requirements, then owners or operators of that equipment or facility shall apply for terms in any applicable local air district permits for that equipment or facility that ensure compliance with this subarticle.(2) Facility and Equipment Reporting Requirements(A) Owners or operators of facilities or equipment that are regulated by this subarticle (meaning that section 95666 applies to the facility or equipment, regardless of any exemptions from specific requirements) shall report the following information to CARB as specified in Appendix A, Table A6 no later than January 1, 2018, or within 30 days of a new facility beginning operations, unless the local air district has established a registration or permitting program that collects at least the following information, and has entered into a Memorandum of Agreement with CARB specifying how information is to be shared with CARB. Reports to CARB shall be submitted through the California Electronic Greenhouse Gas Reporting Tool (Cal e-GGRT), which is accessed at the following website address: https://caleggrt.arb.ca.gov/login.do. 1. The owner or operator's name and contact information.2. The address or location of each facility with equipment regulated by this subarticle.3. A description of all equipment covered by this subarticle located at each facility including the following: a. The number of crude oil or natural gas wells at the facility.b. A list identifying all pressure vessels, tanks, separators, sumps, and ponds at the facility, including the size of each tank and separator in units of barrels. The list shall also specify whether or not the equipment is controlled with a floating roof tank or a vapor collection system or is not controlled. Separator and tank systems that comply with the provisions in sections 95668(a)(2)(F), 95668(a)(2)(G), 95668(a)(2)(H), or 95668(a)(2)(I) do not need to be included in this list.c. The annual crude oil, condensate, natural gas, and produced water throughput of the facility.d. A list identifying all reciprocating and centrifugal natural gas compressors at the facility. The list shall include the size of the compressors in units of horsepower and shall specify whether or not the compressors are controlled with a vapor collection system. For centrifugal compressors, the list shall specify whether the compressor has a wet or dry seal.e. A list identifying all natural gas powered pneumatic controllers and pumps at the facility. The list shall specify whether or not the pneumatic controllers and pumps are controlled with a vapor collection system.4. The permit numbers of all local air district permits issued for the facility or equipment, and an identification of permit terms that ensure compliance with the terms of this subarticle, or an explanation of why such terms are not included.5. An attestation that all information provided about the facility and equipment is provided by a party authorized by the owner or operator to do so, and that the information is true and correct.(B) Updates to these reports, recording any changes in this information, shall be filed with CARB, or, as relevant, with the local air district no later than July 1 of the calendar year after the year in which any information required by this subarticle has changed. Updates to CARB shall be submitted through the California Electronic Greenhouse Gas Reporting Tool (Cal e-GGRT). 1. Notification of changes in ownership of facilities that are regulated by this subarticle shall be e-mailed to [email protected] within 30 days of the change with the subject line "O&G Change of Ownership" in addition to being submitted through the California Electronic Greenhouse Gas Reporting Tool (Cal e-GGRT). The notification shall include the date the change in ownership occurred.(3) Owners or operators of equipment subject to this subarticle shall comply with all the requirements of sections 95666, 95667, 95668, 95669, 95669.1, 95670, 95670.1, 95671, 95672, 95673, and 95674 of this subarticle, regardless of whether or not they have complied with the permitting and facility and equipment reporting requirements of this section.(c)Rounding(1) For enforcement purposes, significant figures will not be used. For example, an API gravity of 19.9999 would be considered less than 20. Similarly, an emission rate of 10.0001 metric tons per year of methane would be considered greater than 10.Cal. Code Regs. Tit. 17, § 95674
Note: Authority cited: Sections 38510, 38562, 39600, 39601, 39603, 39607 and 41511, Health and Safety Code. Reference: Sections 38551, 38560, 38566, 39600, 40701, 40702, 41511, 42300, 42301 and 42311, Health and Safety Code.
Note: Authority cited: Sections 38510, 38562, 39600, 39601, 39603, 39607 and 41511, Health and Safety Code. Reference: Sections 38551, 38560, 39600, 40701, 40702, 41511, 42300, 42301 and 42311, Health and Safety Code.
1. New section and Appendices A, B and C filed 7-17-2017; operative 10/1/2017 (Register 2017, No. 29).
2. Amendment of section and Note filed 3-4-2024; operative 4/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 10).