Section 95976 - Monitoring, Reporting, and Record Retention Requirements for Offset Projects(a) General Requirements for Monitoring Equipment for Offset Projects. The Offset Project Operator or Authorized Project Designee must employ the procedures in the Compliance Offset Protocol for monitoring measurements and project performance for offset projects. All required monitoring equipment must be maintained and calibrated in a manner and at a frequency required by the equipment manufacturer, unless otherwise specified in the applicable Compliance Offset Protocol. All modeling, monitoring, sampling, or testing procedures must be conducted in a manner consistent with the applicable procedure.(b) The Offset Project Operator or Authorized Project Designee must use the missing data methods as provided in a Compliance Offset Protocol for that offset project type, if provided and applicable.(c) An Offset Project Operator or Authorized Project Designee must put in place all monitoring equipment or mechanisms required by the applicable version of the Compliance Offset Protocol for that offset project type as set forth in: (1) Compliance Offset Protocol Ozone Depleting Substances Projects, October 20, 2011 and Compliance Offset Protocol Ozone Depleting Substances Projects, November 14, 2014;(2) Compliance Offset Protocol Livestock Projects, October 20, 2011 and Compliance Offset Protocol Livestock Projects, November 14, 2014;(3) Compliance Offset Protocol Urban Forest Projects, October 20, 2011;(4) Compliance Offset Protocol U.S. Forest Projects, October 20, 2011, Compliance Offset Protocol U.S. Forest Projects, November 14, 2014 and Compliance Offset Protocol U.S. Forest Projects, June 25, 2015;(5) Compliance Offset Protocol Mine Methane Capture Projects, April 25, 2014; and(6) Compliance Offset Protocol Rice Cultivation Projects, June 25, 2015.(d) Offset Project Reporting Requirements. An Offset Project Operator or Authorized Project Designee shall submit an Offset Project Data Report to ARB or an Offset Project Registry for each Reporting Period as defined in section 95802. Each Offset Project Data Report must cover a single Reporting Period. Reporting Periods must be contiguous; there must be no gaps in reporting once the first Reporting Period has commenced. If the Offset Project Operator or Authorized Project Designee fails to submit an Offset Project Data Report, then the Offset Project will be considered terminated and not eligible for ARB offset credits. An Offset Project Data Report may be submitted after the deadline identified in section 95976(d)(8), but before the end of the next Reporting Period, to maintain continuous reporting; however, no ARB offset credits will be issued for the GHG emission reduction or removal enhancements quantified and reported in the Offset Project Data Report pursuant to section 95976(d)(9). For projects developed under the Compliance Offset Protocol in section 95973(a)(2)(C)1., there may be one Offset Project Data Report submitted for each offset project and the Offset Project Data Report may cover up to a maximum of 12 months of data. The Offset Project Operator or Authorized Project Designee must submit an Offset Project Data Report to ARB or an Offset Project Registry within 28 months of listing their offset project pursuant to section 95975 and must also meet all other applicable deadlines pertaining to submittal of the Offset Project Data Report. If the Offset Project Operator or Authorized Project Designee does not submit an Offset Project Data Report to ARB or an Offset Project Registry within 28 months of listing an offset project, then the Offset Project Operator or Authorized Project Designee must update the listing information in the Offset Project Data Report to reflect the most recent version of the Compliance Offset Protocol for that project type in order to remain eligible to be issued ARB offset credits. If an Offset Project Data Report that does not meet the 28 month deadline also fails to meet the deadline in section 95976(d)(8), an Offset Project Data Report covering the Reporting Period must be submitted using the most recent version of the Compliance Offset Protocol; however, no ARB offset credits will be issued for the GHG emission reductions or removal enhancements, pursuant to section 95976(d)(9). For forestry offset projects, when an Offset Project Data Report is not filed within the deadline specified in section 95976(d)(8), the values used for AConsite,y-1 and BConsite,y-1 in the Offset Project Data Report for the following Reporting Period will be the AConsite,y and BConsite,y values reported in the untimely Offset Project Data Report for the preceding Reporting Period. The Offset Project Data Report shall contain the information required by the applicable version of the Compliance Offset Protocol for that offset project type as set forth in: (1) Compliance Offset Protocol Ozone Depleting Substances Projects, October 20, 2011 and Compliance Offset Protocol Ozone Depleting Substances Projects, November 14, 2014;(2) Compliance Offset Protocol Livestock Projects, October 20, 2011 and Compliance Offset Protocol Livestock Projects, November 14, 2014;(3) Compliance Offset Protocol Urban Forest Projects, October 20, 2011;(4) Compliance Offset Protocol U.S. Forest Projects, October 20, 2011, Compliance Offset Protocol U.S. Forest Projects, November 14, 2014, and Compliance Offset Protocol U.S. Forest Projects, June 25, 2015;(5) Compliance Offset Protocol Mine Methane Capture Projects, April 25, 2014; and(6) Compliance Offset Protocol Rice Cultivation Projects, June 25, 2015.(7) The Primary Account Representative or Alternate Account Representative on the Offset Project Operator's tracking system account must attest, in writing, to ARB as follows: "I certify under penalty of perjury under the laws of the State of California the GHG reductions and/or GHG removal enhancements for [project] from [date] to [date] are measured in accordance with the [appropriate ARB Compliance Offset Protocol] and all information required to be submitted to ARB in the Offset Project Data Report is true, accurate, and complete."
This attestation must be provided with each version of the Offset Project Data Report to an Offset Project Registry if the offset project is listed with an Offset Project Registry, or to ARB if the offset project is listed with ARB.
(8) An Offset Project Data Report must be submitted within four months after the conclusion of each Reporting Period. For a submission to be considered valid, the submitted Offset Project Data Report must include any required attestation(s) and must be signed by the Offset Project Operator's Primary Account Representative or Alternate Account Representative.(9) If an Offset Project Data Report is not submitted to ARB or an Offset Project Registry as required by this regulation by the four-month reporting deadline in section 95976(d)(8), the GHG reductions and GHG removal enhancements quantified and reported in the Offset Project Data Report are not eligible to be issued registry offset credits pursuant to section 95980 or ARB offset credits pursuant to section 95981.(10) Each version of an Offset Project Data Report submitted to ARB or an Offset Project Registry must specify the version number and the date submitted. For offset projects reporting under one of the Compliance Offset Protocols in section 95976(d)(1), 95976(d)(2), or 95976(d)(4), an Offset Project Data Report must include both the protocol version under which a project was listed pursuant to section 95975 and the protocol version under which a project is reporting pursuant to section 95976(d).(e) Requirements for Record Retention for Offset Projects. An Offset Project Operator or Authorized Project Designee must meet the following requirements: (1) The Offset Project Operator or Authorized Project Designee must retain the following documents: (A) All information submitted as part of the Offset Project Data Report;(B) Documentation of the offset project boundary, including a list of all GHG emissions sources, GHG sinks, and GHG reservoirs included in the offset project boundary and the project baseline, and the calculation of the project baseline, project emissions, GHG emission reductions, and GHG removal enhancements;(C) Fuel use and any other underlying measured or sampled data used to calculate project baseline emissions, GHG emission reductions, and GHG removal enhancements for each source, categorized by process and fuel, or material type;(D) Documentation of the process for collecting fuel use or any other underlying measured or sampled data for the offset project and its GHG emissions sources, GHG sinks, and GHG reservoirs for quantifying project baseline emissions, project emissions, GHG emission reductions, and GHG removal enhancements;(E) Documentation of all project baseline emissions, project emissions, GHG emission reductions, and GHG removal enhancements;(F) All point of origin and chain of custody documents required by a Compliance Offset Protocol, if applicable;(G) All chemical analyses, results, and testing-related documentation for material and sources used for inputs to project baseline emissions, project emissions, GHG emission reductions, and GHG removal enhancements;(H) All model inputs or assumptions used for quantifying project baseline emissions, project emissions, GHG emission reductions, and GHG removal enhancements;(I) Any data used to assess the accuracy of project baseline emissions, GHG emission reductions, and GHG removal enhancements from each offset project GHG emissions source, GHG sink, and GHG reservoir, categorized by process;(J) Quality assurance and quality control information including information regarding any measurement gaps, missing data substitution, calibrations or maintenance records for monitoring equipment, or models providing data for calculating project baseline emissions, project emissions, GHG emission reductions, and GHG removal enhancements;(K) A detailed technical description of any offset project continuous measurement/monitoring system, including documentation of any findings and approvals by federal, state, and local agencies;(L) Raw and aggregated data from any measurement system;(M) Documentation of any changes over time and the log book on tests, down-times, calibrations, servicing, and maintenance for any measurement/monitoring equipment providing data for project baseline calculations, project emissions, GHG emission reductions, and GHG removal enhancements;(N) For sequestration offset projects, documentation of inventory methodologies and sampling procedures including all calculation methodologies and equations used, and any data related to plot sampling; and(O) Any other documentation or data required to be retained by a Compliance Offset Protocol, if applicable.(2) Documents listed in section 95976(e)(1) associated with the preparation of an Offset Project Data Report shall be retained in paper, electronic, or other usable format for a minimum of 15 years following the issuance of ARB offset credits related to that Offset Project Data Report. All other documents shall be retained in paper, electronic, or other usable format for a minimum of 15 years.(3) The documents retained pursuant to this section must be sufficient to allow for the verification of each Offset Project Data Report.(4) Upon request by ARB or an Offset Project Registry, the Offset Project Operator or Authorized Project Designee must provide to ARB or an Offset Project Registry all documents pursuant to this section, including data used to develop an Offset Project Data Report within 10 calendar days of the request.(f) General Procedure for Interim Data Collection. This section only applies if a Compliance Offset Protocol does not already include methods, or does not include a specific method for the data in question, for collecting or accounting for data in the event of missing data due to an unforeseen breakdown of gas or fuel analytical monitoring equipment or other data collection systems.(1) In the event of an unforeseen breakdown of offset project data monitoring equipment and gas or fuel flow monitoring devices required for the GHG emission reductions and GHG removal enhancement estimation, ARB may authorize an Offset Project Operator or Authorized Project Designee to use an interim data collection procedure if ARB determines that the Offset Project Operator or Authorized Project Designee has satisfactorily demonstrated that: (A) The breakdown may result in a loss of more than 20 percent of the source's data for the year covered by an Offset Project Data Report;(B) The data monitoring equipment cannot be promptly repaired or replaced without shutting down a process unit significantly affecting the offset project operations, or that the monitoring equipment must be replaced and replacement equipment is not immediately available;(C) The interim procedure will not remain in effect longer than is reasonably necessary for repair or replacement of the malfunctioning data monitoring equipment; and(D) The request was submitted within 30 calendar days of the breakdown of the data monitoring equipment.(2) An Offset Project Operator or Authorized Project Designee seeking approval of an interim data collection procedure must, within 30 calendar days of the monitoring equipment breakdown, submit a written request to ARB that includes all of the following:(A) The proposed start date and end date of the interim procedure;(B) A detailed description of what data are affected by the breakdown;(C) A discussion of the accuracy of data collected during the interim procedure compared with the data collected under the Offset Project Operator's or Authorized Project Designee's usual equipment-based method; and(D) A demonstration that no feasible alternative procedure exists that would provide more accurate emissions data.(3) ARB may limit the duration of the interim data collection procedure or include other conditions for approval.(4) Data collected pursuant to an approved interim data collection procedure shall be considered captured data for purposes of compliance with a Compliance Offset Protocol. When approving an interim data collection procedure, ARB shall determine whether the accuracy of data collected under the procedure is reasonably equivalent to data collected from properly functioning monitoring equipment, and if it is not, the relative accuracy to assign for purposes of assessing possible offset material misstatement under section 95977.1(b)(3)(Q) of this article.(g) General Procedure for Approving Alternate Monitoring and Measurement Methods Pursuant to Compliance Offset Protocols. This section applies only to alternate methods for monitoring and measurement that were not in common usage at the time when ARB adopted the Compliance Offset Protocol under which an Offset Project Data Report is being submitted. Alternate methods may include remote sensing methods for forestry or other alternate methods that meet the requirements of this section. (1) An Offset Project Operator or Authorized Project Designee seeking approval of an alternate monitoring and measurement method must, at least 30 days prior to the beginning of the reporting period in which the alternate method will be used, submit a written request to CARB that includes all of the following: (A) The name and identification numbers of the offset project for which the alternate method is proposed;(B) The beginning and end dates for the reporting period for which the alternate method is proposed;(C) A detailed description of the alternate method. This description must include: 1. The purpose for which the alternate method is proposed;2. A discussion of the accuracy of the alternate method, including any peer-reviewed literature or other information that the Offset Project Operator or Authorized Project Designee believes may aid CARB in making a determination of the eligibility of the method; and3. A detailed analysis identifying how the alternate method is consistent with the relevant requirements, and not explicitly prohibited by the applicable Compliance Offset Protocol.(2) ARB may approve an alternate method on an interim basis for one reporting period to review the accuracy of the method. Approval of an alternate method on an interim basis in itself does not provide any right to approval on a longer-term basis. ARB may also include other conditions as part of its interim approval.(3) Before approving an alternate method, ARB shall determine that the accuracy of the alternate method is at least reasonably equivalent to the accuracy of the method(s) commonly employed when the Compliance Offset Protocol was adopted and that the alternate method is capable of being verified to a reasonable level of assurance.(4) Data collected pursuant to an approved alternate method shall be considered in compliance with the requirements of the relevant Compliance Offset Protocol.(5) ARB may request additional information from the Offset Project Operator or Authorized Project Designee seeking approval of an alternate method prior to approving any request. ARB shall provide written notification to the Offset Project Operator or the Authorized Project Designee of approval or disapproval of the interim alternate method within 30 days of receipt of the request, or within 30 days of receipt of any additional information requested by CARB, whichever is later.(6) A request for approval of an alternate method may only be submitted for a reporting period for which a project is receiving a full offset verification.(7) If information comes to ARB's attention subsequent to approving an alternate method indicating that the alternate method is not at least reasonably equivalent to the accuracy of the method(s) commonly employed when the Compliance Offset Protocol was adopted, or is not capable of being verified to a reasonable level of assurance, ARB may rescind approval of the alternate method at any time. If after using the alternate method for one reporting period ARB has not determined that the alternate method is not at least reasonably equivalent to the accuracy of the method(s) commonly employed when the Compliance Offset Protocol was adopted, or is not capable of being verified to a reasonable level of assurance, ARB may approve the alternate method, including any conditions, on a permanent basis.(8) For the purposes of this section "common usage" means a method that is demonstrated to be in use by an offset project using the same protocol type (e.g., U.S. Forests, livestock, etc.) on the compliance or voluntary market in the U.S. at the time of adoption of the Compliance Offset Protocol version.Cal. Code Regs. Tit. 17, § 95976
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Amendment of subsections (c)(3)-(4), new subsection (c)(5), amendment of subsections (d) and (d)(3)-(4), new subsection (d)(5), subsection renumbering and amendment of newly designated subsection (d)(6) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
3. Amendment of subsections (c)-(c)(2), (c)(4), (d)-(d)(2) and (d)(4) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
4. Amendment of subsections (c)(4)-(5), new subsection (c)(6), amendment of subsections (d)(4)-(5), new subsection (d)(6) and subsection renumbering filed 10-20-2015; operative 11-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 43).
5. Amendment of subsections (d) and (d)(7), new subsection (d)(10) and amendment of subsections (f), (f)(1)(A)-(B) and (f)(1)(D) filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
6. Amendment of subsections (d)(7)-(10) and new subsections (g)-(g)(8) filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13). Note: Authority cited: Sections 38510, 38560, 38562, 38570, 38571, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38530, 38560.5, 38564, 38565, 38570 and 39600, Health and Safety Code.
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Amendment of subsections (c)(3)-(4), new subsection (c)(5), amendment of subsections (d) and (d)(3)-(4), new subsection (d)(5), subsection renumbering and amendment of newly designated subsection (d)(6) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
3. Amendment of subsections (c)-(c)(2), (c)(4), (d)-(d)(2) and (d)(4) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
4. Amendment of subsections (c)(4)-(5), new subsection (c)(6), amendment of subsections (d)(4)-(5), new subsection (d)(6) and subsection renumbering filed 10-20-2015; operative 11/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 43).
5. Amendment of subsections (d) and (d)(7), new subsection (d)(10) and amendment of subsections (f), (f)(1)(A)-(B) and (f)(1)(D) filed 9-18-2017; operative 10/1/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
6. Amendment of subsections (d)(7)-(10) and new subsections (g)-(g)(8) filed 3-29-2019; operative 3/29/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).