Section 95601 - Applicability(a) Except as provided in subsection 95602, this article applies to the following entities: (1) Operators of a California facility, where the facility has stationary sources that produce greenhouse gas emissions of 0.5 million metric tonnes of carbon dioxide (CO2) equivalent (MMTCO2e) or more annually. This total is to be determined by the reporting submitted by the facility operator to comply with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, Subchapter 10, Article 2, sections 95100 to 95133, title 17, California Code of Regulations, for the calendar year 2009;(2) Operators of any petroleum refinery in California that produces petroleum-based transportation fuels that are released into commerce and that produces greenhouse gas emissions of 0.25 MMTCO2e or more annually as determined by the reporting submitted by the facility operator to comply with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, Subchapter 10, Article 2, sections 95100 to 95133, title 17, California Code of Regulations, for the calendar year 2009; and(3) Operators of any cement plant in California that produces greenhouse gas emissions of 0.25 MMTCO2e or more annually as determined by the reporting submitted by the facility operator to comply with the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions, Subchapter 10, Article 2, sections 95100 to 95133, title 17, California Code of Regulations, for the calendar year 2009.(b) The Executive Officer may request a demonstration from any entity operating a facility to establish that a specified facility does not meet the applicability criteria specified in section 95601(a). Such demonstration must be provided to the Executive Officer within 30 days of a written request received from the Executive Officer.Cal. Code Regs. Tit. 17, § 95601
1. New section filed 6-16-2011; operative 7-16-2011 (Register 2011, No. 24). Note: Authority cited: Sections 38510, 38530, 38560, 38562, 39600, 39601, 39659 and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38530, 38550, 38551, 38560, 38561, 38562, 38563, 39003, 39500, 39600, 39601, 39659 and 41511, Health and Safety Code.
1. New section filed 6-16-2011; operative 7-16-2011 (Register 2011, No. 24).