Cal. Code Regs. tit. 17 § 93404

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 93404 - Emissions Report Contents

Emissions reports must contain the contents identified in this section, as applicable. Refer to section 93403 for specifications regarding when identified data elements are subject to reporting.

(a)Facility Data. Emissions reports must include the following facility data.
(1) Facility name and facility identification number established by the local air district and CARB; and for GHG Facilities subject to reporting under the provisions of 93401(a)(1), the six-digit facility ARB ID, as reported under the California Regulation for the Mandatory Reporting of Greenhouse Gas Emissions (MRR), title 17, California Code of Regulations, section 95100 et seq.
(2) Owner or Operator. Legal name(s) and mailing address of the facility owner or operator at the time of a reporting deadline specified in this article.
(3) NAICS code(s) that apply to the facility:
(A) Primary NAICS code. Report the NAICS code that most accurately describes the facility's primary product, activity, or service. The primary product, activity, or service is the principal source of revenue for the facility.
(B) Secondary and additional NAICS code(s). A facility that has two or more distinct products, activities, or services may report additional NAICS code(s) associated with additional activities or processes. Report all additional NAICS codes that describe all products, activities, or services at the facility that are not related to the principal source of revenue, as applicable.
(4) Standard Industrial Classification (SIC) code. Report the SIC code that most accurately describes the facility's primary business function or activity. Report any secondary or additional SIC codes that apply to additional facility activities or services.
(5) The air basin, air district, and county in which the facility is located.
(6) The facility physical address, as applicable.
(7) Geospatial coordinates. Latitude and longitude, in decimal degrees, of the approximate center (or centroid) of the facility, or the latitude and longitude of the location's street address.
(b)Specific Contents. In addition to the Facility Data of 93404(a), emissions reports must include the Full Report Contents or Abbreviated Report Contents below.
(1)Full Report Contents. Owners and operators of a facility that does not qualify for abbreviated reporting per section 93404(b)(2) must report the following. In general, Device IDs, Process IDs, associated descriptions, and related information are to be those used by the local air districts in identifying emission sources.
(A)Device Data. For each device at the facility:
1. Device ID
2. Device name or description of the device
3. U.S. EPA Unit Type Code
4. Air District Permit ID associated with the device
5. For combustion devices only, design capacity of device
(B)Process Data. For each process associated with a device at the facility:
1. Process ID
2. Process description
3. Device ID associated with the process
4. Source Classification Code
5. Activity level for the data year
6. Activity level unit of measure. Activity levels for fuel use are to be reported in units of million British thermal units (MMbtu) for gases (or optionally, million of standard cubic feet (MMscf)), gallons for liquids, short tons for non-biomass solids, and bone dry short tons for biomass-derived solids.
7. Description of activity level data acquisition method
(C)Emissions Data. For each criteria air pollutant and toxic air contaminant emitted by a process at the facility:
1. Data year being reported
2. Device ID associated with the criteria air pollutant or toxic air contaminant
3. Process ID associated with the criteria air pollutant or toxic air contaminant
4. Pollutant Code for criteria air pollutants or Emittent ID for toxic air contaminants
5. Actual emissions
6. Actual emissions unit of measure
7. Emission factor as applicable
8. Source of the emission factor, as described in 93404(d), as applicable
9. Emission factor unit(s) of measure
10. Emission calculation method, as described in 93404(d)
11. The control efficiency of all emissions control devices, if the control efficiency is used to quantify emissions. If no control device is used, or if the reduction in emissions resulting from use of the device is not required to quantify emissions, the control efficiency is not required to be reported.
12. For toxic air contaminants, the amount of the substance that is produced or used at the facility during the data year, if no best available data and methods exist to estimate the quantity of the substance that is emitted during the data year, pursuant to section 93404(c)(1)(B)
(D)Release Location Data. For each release location associated with a process at the facility:
1. Release location type, point or volume
2. Geospatial coordinates
3. If the release location type is "point (i.e. stack)," the following must be reported:
a. Stack ID
b. Stack name
c. Release location height above ground
c. Release location exit gas temperature
e. Release location stack diameter in feet
f. Release location exit gas velocity in feet per minute or
g. Release location exit gas flow rate in actual cubic feet per minute
h. Release point physical configuration
4. If the release location type is "volume (i.e. fugitive)," then individual equipment components may be aggregated for the purposes of reporting if they are geographically located in a similar area and have similar release parameters and/or constituents. For example, fugitive emissions from flanges, valves, non-ducted venting, connectors, seals, and other similar equipment may be combined for reporting. Fugitive emissions may also be combined in a manner consistent with existing air district reporting, provided that geospatial coordinate information, as described in 93404(b)(1)(D)(2), is provided.
5. Update Frequency. The data items listed in this section 93404(b)(1)(D) must be updated in the next required emissions report when there are physical changes to the facility structure or emissions release locations, or if there are substantive changes to emissions sources or operations, such as those requiring the addition, modification, or removal of district air permits.
(2)Abbreviated Report Contents. Owners and operators of a facility that qualifies for abbreviated reporting pursuant to 93421(a) or (b) are required to report the Facility Data of 93404(a) and 93404(b)(1)(B)(5) and (6), but are not required to report the remaining contents of 93404(b)(1). The abbreviated report must include the content listed in 93421(a) for each qualifying activity, and any activity data specified pursuant to 93421(b). Additional device level, process level, and emissions level data for the facility may be provided to CARB by the local air district.
(c)Emissions and Sources. Annual emissions reports for a facility must include the emissions and sources as specified in 93404(c)(1) and (2).
(1)Emissions. For permitted processes and devices (and unpermitted processes and devices, if emissions reporting is required pursuant to district rules or policies), the annual direct and fugitive emissions of the following air pollutants must be reported. Alternatively, at the discretion of the local air district, sufficient activity level data must be submitted for the air district to calculate such emissions.
(A) Criteria air pollutants, in units of short tons per year. For organic gases, unless otherwise required by the local air district, ROG, VOC, or total organic gases may be reported to satisfy this requirement, and CARB will quantify the other two using CARB speciation profiles. If a district has established a rule that defines ROG differently than this article, the district may use the district rule definition to quantify ROG. For particulate matter, emissions of PM2.5, PM10, and total PM must be reported, or as required by the local air district, one of the three values must be reported and CARB will quantify the other two values using CARB particulate matter speciation profiles.

Lead must be reported in both tons per year using Pollutant Code 12128 and in pounds per year using Emittent ID 7439921. Ammonia must be reported in both tons per year using Pollutant Code 42604 and pounds per year using Emittent ID 7664417.

(B) Toxic air contaminants, as defined herein, in units of pounds per year, except for radionuclides which must be reported in units of curies per year. The reported toxic air contaminants must include those chemicals that are actually emitted by the facility by permitted processes and devices (and unpermitted processes and devices, if emissions reporting is required pursuant to district rules or policies), based on existing quantification methods. Reporting must include the substances identified in the 2007 EICG, previously cited in the "Toxic air contaminants" definition, and the substances identified in Appendix B, with reporting of the Appendix B toxic substances phased-in as specified in Table B-1.

If at the time a substance becomes subject to reporting per Table B-1, a listed toxic air contaminant substance is present or is used or produced at a facility in a way that may result in airborne emissions, one of the alternatives identified as "best available data and methods," as defined in this article, must be used to quantify the emissions, as applicable. If an air district determines that none of the alternatives listed would provide a reasonable, technically justified emissions estimate, and no other method can be determined that will provide such an estimate, then the presence of the toxic air contaminant and the amount used or produced at the facility during the data year must be reported without an estimated quantitative emissions value. Purchase records, substance inventory reconciliation, direct measurement, or other methods may be used to estimate amounts used or produced.

(2)Sources. Except as indicated in section 93404(c)(2)(C), below, emissions as specified in 93404(c)(1), must be reported for the following emissions sources:
(A) Permitted processes and devices at the facility.
(B) Unpermitted processes and devices at the facility, including unpermitted fugitive emissions, if at the beginning of the data year such facility-specific emissions are required by the local air district to be reported or if the emissions are quantified on behalf of the facility owner or operator by the local air district.
(C)Portable Diesel-Fueled Engines and Devices. Except as provided in section 93404(c)(2)(D), emissions from portable diesel-powered engines and devices (including equipment registered under the Portable Equipment Registration Program) rated at 50 maximum rated horsepower (brake horsepower (bhp)) or above and operated at a GHG and/or Criteria Facility (sections 93401(a) (1-2)), regardless of equipment ownership or permit status, if the engine or device is operated on site at any time during the data year. If local air district rules or policies requires reporting of emissions from additional portable diesel-fueled engines and devices, the district may require reporting for such sources under this article.

The data of 93404(b)(1) does not need to be provided for portable engines and devices, unless required by the local air district. The use of best available data and methods, including the use of engineering estimates, may be used to quantify emissions from portable engines and devices, and the emissions data from multiple engines may be aggregated if approved by the local air district. Alternatively, the activity data necessary to estimate the emissions from such portable diesel-powered engines and devices shall be reported to the district, and the district may quantify the emissions on behalf of the facility. Reporting of emissions from such engines and devices begins with 2022 emissions reported in 2023.

(D)Exemptions. Device, process, emissions, and release location data, as requested under section 93404(b)(1), do not need to be reported for the following sources.
1. Internal combustion engines used for irrigation pumps (including booster pumps and groundwater well pumps), combusting diesel fuel or other fuels, at agricultural operations.
2. Open burning of fields, or open burning of agricultural wastes or agricultural residues that is subject to burn permitting by a local air district.
3. Tactical support equipment (TSE).
(d)Use of Best Available Data and Methods. Annual emissions reports prepared pursuant to this article must provide the emissions calculation method, the source of the reported emissions factor, and the control efficiency, as applicable, using best available data and methods, that are used to compute emissions of criteria air pollutants and toxic air contaminants. If an air district calculates emissions on behalf of a facility using activity level data provided by the facility, the district will report the calculation methods, emission factors and other information used to quantify emissions, using best available data and methods. Calculation methods must identify the general methods used, such as continuous emissions monitoring system, facility-specific emission factors, facility source test data, emission factors provided by an air district, or U.S. EPA emission factors. If activity data is used to calculate emissions, the reported calculation method must include a general description of the technique used to acquire the activity data, such as sales records, measurement devices, material balance, throughput, or material produced used to quantify parameters to which emission factors are applied.
(e)Attestation. With the submitted annual report, the designated representative for a facility subject to this article must provide an attestation to the local air district or to CARB that he or she is authorized by the owner or operator of the facility to submit the emissions report, and that to the best of his or her knowledge, all information submitted by the designated representative pursuant to this article is true, complete, and correct.

Cal. Code Regs. Tit. 17, § 93404

1. New section filed 11-22-2019; operative 1-1-2020 (Register 2019, No. 47).
2. Amendment of section and NOTE filed 10-28-2021; operative 1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Sections 39600, 39601, 39602, 39605, 39606, 39607, 39607.1, 39607.3, 39701, 40913, 41500, 41511, 42700, 42705, 42705.5, 42705.6 and 44391.2, Health and Safety Code. Reference: Sections 39003, 39500, 39606, 39607.1, 42705.5, 44301 and 44391.2, Health and Safety Code.

1. New section filed 11-22-2019; operative 1/1/2020 (Register 2019, No. 47).
2. Amendment of section and Note filed 10-28-2021; operative 1/1/2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.