(a)General Applicability.Except as provided in section 93401(b), this article applies to the owners or operators of any facility described in sections 93401(a)(1), (2), (3), or (4) that is located in California and has been issued a permit to operate by an air district.
(1)Greenhouse Gas (GHG) Reporter Applicability (GHG Facility). A facility that is required to report to the state board the facility's greenhouse gas emissions for the data year, pursuant to H&SC section 38530. For determining applicability under section 93401(a)(1), a facility includes any onshore petroleum and natural gas production facility.(2)Criteria Emissions Greater Than 250 Tons per Year (tpy) Applicability (Criteria Facility). A facility that is located in an air district for which any portion of the air district has been designated as nonattainment with respect to either the National Ambient Air Quality Standards (NAAQS) or the California Ambient Air Quality Standards (CAAQS), and that is authorized by one or more permit(s) issued by an air district to emit 250 or more tpy of any applicable nonattainment pollutant or its precursors during the data year.(3)Elevated Prioritization Toxics Applicability (Elevated Toxics Facility). A facility that is categorized by the local air district as high priority for toxic air contaminant emissions at the beginning of the data year, based on cancer or noncancer health impacts pursuant to H&SC section 44360. A local air district may recategorize a facility's priority based on an assessment of human health risk or other information, pursuant to the district's prioritization policies.(4)Additional Applicability (Additional Applicability Facility). A facility with one or more permits to operate issued by an air district with actual emissions or activity levels exceeding any of the thresholds specified in (A) through (C) below, within the data year. The applicability determination must include the data year emissions from all permitted processes and devices at the facility. If local air district rules or policies require reporting of emissions from unpermitted sources for a facility, such sources may be included in the applicability determination specified in (A) through (C), below. (A) For a facility located within District Group A, 4 tpy of any criteria air pollutant (except for carbon monoxide). For a facility located within District Group B, 10 tpy of any criteria air pollutant (except for carbon monoxide). At the discretion of the local air district, the 4 tpy and 10 tpy thresholds for applicability can be based on the facility's authorized (permitted) potential to emit, instead of actual data year emissions.(B) 100 tpy of carbon monoxide. At the discretion of the local air district, the 100 tpy threshold for applicability can be based on the facility's authorized (permitted) potential to emit, instead of actual data year emissions.(C) Activity levels or emissions levels published in Appendix A, Table A-3 for a permitted emissions process at a facility classified with a matching primary or secondary Standard Industrial Classification (SIC) code or North American Industry Classification System (NAICS) code listed for the permitted emissions process. If the SIC or NAICS codes have a designation of "Any" in Table A-3 for a permitted process, then reporting for the process is required regardless of the SIC or NAICS designation for the facility performing the process, if the listed activity level reporting threshold is exceeded.(b)Facility Exclusions.(1) For facilities identified in section 93401(a)(1), this article does not apply to, and emissions reporting is not required for, the following facilities or entities that are subject to reporting their greenhouse gas emissions pursuant to California Code of Regulations (CCR), title 17, section 95101: (A) Suppliers of transportation fuels (CCR, title 17, section 95121), suppliers of natural gas, natural gas liquids, and liquefied petroleum gas (CCR, title 17, section 95122), and suppliers of carbon dioxide (CCR, title 17, section 95123), that do not report any facility combustion emissions under the requirements of CCR, title 17, sections 95100 through 95158.(B) Electric power entities as defined in CCR, title 17, section 95102.(C) Natural gas distribution facilities.(2) This article does not apply to, and emissions reporting is not required for the sources specified in subsections (A), (B), and (C) below. Any emissions associated with the specified sources are excluded from facility applicability determinations.(A) Emissions from the combustion of diesel fuel or other fuels in internal combustion engines that are used for irrigation pumps (including booster pumps and groundwater well pumps) at agricultural operations.(B) Emissions from open burning of fields, or open burning of agricultural wastes or agricultural residues, or permitted open burning including prescribed forest burns and permitted open burning of debris on-site.(C) Emissions from tactical support equipment (TSE).(c)Cessation of Reporting.The owner or operator of a facility that is subject to reporting pursuant to the applicability criteria in sections 93401(a)(1), (2), (3), or (4), and submits notification to the California Air Resources Board (CARB) and the local air district according to this section certifying that no applicability criteria apply to the facility, may cease reporting required by this article.
(1) The owner or operator of the facility must provide in the notification the reason(s) for cessation of reporting, describing which applicability criteria no longer apply to the facility and why applicability is no longer triggered, for example: the facility has permanently shut down, the facility's permits to operate have been cancelled, or the facility is no longer categorized by the local air district as high priority for toxic air contaminant emissions (and does not meet any other applicability criteria). The designated representative for the facility must certify in writing or via email that no applicability criteria of this article apply to the facility. Facility owners or operators must provide the cessation notification to CARB at the mail address or email address indicated in section 93403(f) of this article, and to the local air district.(2) The cessation notification must be submitted no later than May 1, or by the local air district's data reporting deadline if it is earlier than May 1, of the year in which the emissions report is due.(3)Reinstatement of Reporting Requirements. Any facility that ceases reporting is again subject to reporting under the full requirements of this article if in the future it meets any of the applicability criteria in sections 93401(a)(1) through (4).(d)Determination of Nonapplicability. CARB's Executive Officer or the Air Pollution Control Officer of the local air district, or their respective designees may request from any facility owner or operator emissions data, fuel use, throughput information, activity data, or process data necessary to determine if the facility meets one or more of the applicability criteria specified under sections 93401(a)(1) through (4). Requests by the Executive Officer or local air districts shall be based on the evaluation of CARB, local air district, or other information regarding the expected or known facility operations, processes, or emission levels, which indicate whether there is reasonable potential for a facility to be subject to one or more of the applicability criteria of this article. Such requested information must be provided to the Executive Officer or local air district within 30 calendar days of receipt of a written request.Cal. Code Regs. Tit. 17, § 93401
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.