Cal. Code Regs. tit. 17 § 93402
"Activity level" means a measurable factor or parameter of a process that relates directly or indirectly to the emissions of an air pollution source during the period for which emissions are reported. Some examples of activity levels include throughput, hours of operation, quantity of fuel consumed, quantity of material produced, quantity of coating applied, etc.
"Activity level data acquisition method" means documentation of the type of method used to collect the activity level information. Some examples include potential to emit, direct measurement (of fuel used, hours of operation, etc.), engineering estimates, permitted operating hours, mass balance, product or raw material inventory reconciliation, etc.
"Actual emissions" means the mass of a criteria air pollutant or toxic air contaminant measured, observed, or estimated to have been actually released by a process into the atmosphere during an associated data year, except in the case of radionuclide emissions, where the actual emissions are quantified in units of radioactivity instead of mass.
"Agricultural operations" means the growing or harvesting of crops or the raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution. Agricultural operations do not include activities involving the processing or distribution of crops or animals.
"Air district" or "air quality management district" or "air pollution control district" or "district" means any district created or continued in existence pursuant to the provisions of Part 3 (commencing with section 40000) of Division 26 of the H&SC.
"Air District Group" or "District Group" means the air district group identifier for a facility, as denoted in Appendix A, Table A-2. The air district classification identifier is used in conjunction with Tables A-1 and B-1.
"Air Pollution Control Officer" means the Air Pollution Control Officer of a California Air Pollution Control District, Air Quality Management District, or Air Resources District, or her or his delegate.
"Annual" means with a frequency of once each year; unless otherwise noted, annual events such as reporting requirements will be based on the calendar year.
"Applicable nonattainment pollutant or its precursors" means:
- A pollutant for which any portion of the air district in which the facility is located has been designated as nonattainment with respect to NAAQS under 42 United States Code (U.S.C.) section 7407(d) and the precursors of such pollutants identified in the applicable State Implementation Plan, including local attainment plans, approved by the U.S. Environmental Protection Agency (U.S. EPA);
- A pollutant for which any portion of the air district in which the facility is located has been identified as nonattainment with respect to a CAAQS under H&SC section 39608 and the precursors of such pollutants listed in CCR, title 17, section 70700.
"Best available data and methods" means technically justifiable and documented quantification methods and emission factors used in conjunction with technically justifiable and documented activity level data, for estimating criteria air pollutant and toxic air contaminant emissions. Best available data and methods may be based on and include continuous emission monitoring systems, source test data, material balance, manufacturer-guaranteed emission rates (on an activity level basis), source-specific emissions data, facility-established methods and protocols, engineering estimates, and emission factors published in literature. Best available data and methods should not necessarily be maximum emissions values, potential to emit, or prescriptive limits established by permitting or regulation, unless those values provide the most accurate estimates available.
"Calendar year" means the time period from January 1 through December 31 of the same year.
"California Ambient Air Quality Standard" or "CAAQS" means the maximum amount of a pollutant averaged over a specified period of time that can be present in outdoor air without any harmful effects on people or the environment, as determined by CARB and codified in CCR, title 17, section 70200, Table of Standards.
"CARB" means the California Air Resources Board.
"Construction aggregate processing" includes the following activities: extraction from the earth of sand, gravel, or rock, and/or loading, unloading, conveying, crushing, screening, processing, and loadout of these materials.
"Continuous Emissions Monitoring System" or "CEMS" means the total equipment required to obtain a continuous measurement of an emissions concentration or emission rate from combustion or industrial processes, which meets local air district or U.S. EPA certification standards.
"Criteria air pollutant" or "criteria pollutant" means those pollutants for which there is an established California Ambient Air Quality Standard or National Ambient Air Quality Standard, including their precursors, except as otherwise specified herein. These pollutants and precursors include total volatile organic compounds (VOCs) or total reactive organic gases (ROG), nitrogen oxides (NOx), sulfur oxides (SOx), carbon monoxide (CO), particulate matter (PM), lead (Pb), and ammonia (NH3). For the purposes of this article, vinyl chloride, hydrogen sulfide, and sulfates are considered toxic air contaminants, and must be reported as such.
"Data year" means the calendar year in which emissions occurred.
"Design capacity" means, for devices or emissions units that combust gaseous, liquid, or solid fuels, the maximum design capacity of the device or emissions unit. For example, design capacity may be expressed as million British thermal units per hour (mmBtu/hr) or brake horsepower (bhp).
"Designated representative" means the person responsible for certifying and submitting the emissions report.
"Device" means a piece or set of equipment that has at least one process associated with it (e.g., internal combustion engine, boiler, tank, spray paint booth, etc.).
"Direct emissions" means emissions released directly from a stack, or other functionally equivalent opening.
"Emission calculation method" means a description and reference of the method used to calculate emissions for a pollutant (e.g., by source test, Continuous Emissions Monitoring System, emission factor, etc.).
"Emission factor" means the value relating the quantity of emissions of a pollutant to an activity level. Emission factors are typically empirically, experimentally, or mathematically derived, and are typically multiplied by, or otherwise mathematically applied to, a measured activity level to estimate the emissions associated with that activity.
"Emissions" means the release of criteria air pollutants or toxic air contaminants into the atmosphere from any sources and processes within a facility, including direct emissions or fugitive emissions.
"Emissions report" or "report" means the report prepared each year for a facility subject to this article that provides the information required by this article. The emissions report is for the submission of required data for the calendar year prior to the year in which the report is due. For example, a 2019 emissions report would include data pertinent to emissions that occurred during the 2019 calendar year (i.e., data year) and would be reported in 2020.
"Emittent ID" means the identification numbers assigned to substances as identified in Appendix A-I, Substances for which Emissions Must Be Quantified, of the Emission Inventory Criteria and Guidelines for the Air Toxics "Hot Spots" Program, version effective September 26, 2007, as issued by CARB, which is incorporated by reference herein, or as identified in Appendix B, Table B-1 of this article.
"Engineering estimate" means an estimate of emissions based on engineering principles applied to measured and/or approximated physical parameters such as fuel use, hours of operation, production, throughputs, flow rates, or other data.
"Equipment unit" means equipment that emits PM10 over and above that emitted from an associated engine.
"Executive Officer" means the Executive Officer of the California Air Resources Board, or his or her delegate.
"Facility" means any physical property, plant, building, structure, or stationary equipment, having one or more sources, classified under the same two-digit, i.e., major industry grouping Standard Industrial Classification code (SIC) or under the same North American Industry Classification System (NAICS) code, located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control.
-Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties. See also the definition for "Onshore petroleum and natural gas production facility" for additional specifications regarding these facilities.
"Fugitive emissions" means those emissions from a source which could not reasonably be expected to pass through a stack, chimney, vent, or other functionally-equivalent opening.
"Geospatial coordinates" means the latitude and longitude values identifying a physical location, without considering elevation, under the North American Datum of 1983, National Oceanic and Atmospheric Administration, December 1989, incorporated by reference herein.
"Hazardous waste treatment, storage, disposal and recycling facility" means any facility as defined by "hazardous waste facility" in Health and Safety Code, section 25117.1 and in title 22, California Code of Regulations (CCR), section title 22, California Code of Regulations (CCR), section 66260.10 except:
"Lead" or "Pb" means lead and lead compounds, measured as elemental lead. Emissions of Pb which occur as elemental Pb or as a chemical compound containing Pb should be reported as the mass of the Pb atoms only.
"Local air district" means the air district within whose geographic boundaries an affected facility is located.
"Local distribution company" or "LDC," for purposes of this article, means a company that owns or operates distribution pipelines, not interstate pipelines, that physically deliver natural gas to end users and includes public utility gas corporations, publicly-owned natural gas utilities and intrastate pipelines that are delivering natural gas to end users.
"Maximum Rated Horsepower (brake horsepower (bhp))" is the maximum brake horsepower rating specified by the engine manufacturer and listed on the nameplate or emission control label of the engine.
"National Ambient Air Quality Standards" or "NAAQS" means those pollutants and associated standards identified in the Code of Federal Regulations, Title 40, Part 50, as it existed June 14, 2019, which is incorporated by reference herein.
"Natural gas distribution facility" means the collection of all distribution pipelines and metering and regulating equipment at metering or regulating stations that are operated by a local distribution company (LDC) within California that are regulated as a separate operating company by a public utility commission or that is operated as an independent municipally-owned distribution system. This also includes customer meters and regulators, infrastructure, and pipelines (both interstate and intrastate) delivering natural gas directly to major industrial users and farm taps upstream of the local distribution company inlet.
"Nitrogen oxides" or "NOx" means all oxides of nitrogen except N2O.
"Nonattainment pollutant" means a criteria air pollutant for which a district is classified as a nonattainment area pursuant to the CAAQS and/or the NAAQS.
"North American Datum of 1983" or "NAD83", means the coordinate system, and a set of reference points, used to locate places on the Earth used to define the geodetic network in North America.
"North American Industry Classification System" or "NAICS" means the six-digit code(s) that represent the products, activities, and/or services at a facility as defined in North American Industry Classification System Manual, 2017, United States Office of Management and Budget, which is incorporated by reference herein.
"Onshore petroleum and natural gas production facility" means all petroleum or natural gas equipment on a well pad, or associated with a well pad or to which emulsion is transferred and CO2 enhanced oil recovery operations that are under common ownership or common control including leased, rented, or contracted activities by an onshore petroleum or natural gas production owner or operator that are located in a single basin as defined in the Code of Federal Regulations, title 40, section 98.238, last amended October 22, 2015, which is incorporated by reference herein. For the purposes of this article, any cogeneration plant(s) permitted by a local air pollution control district as part of an onshore petroleum and natural gas production facility, are to be included as part of the facility for the purposes of reporting criteria air pollutant and toxic air contaminant emissions. This definition applies only to the determination that an onshore petroleum and natural gas facility is subject to the reporting requirements of this article; for the reporting of emissions, air districts or CARB may choose to disaggregate the emissions required to be reported within the onshore petroleum and natural gas facility to smaller sub-facility groupings, which may also be identified as individual "facilities" within the single basin.
"Operational control" for a facility subject to this article means the authority to introduce and implement operating, environmental, health and safety policies. In any circumstance where this authority is shared among multiple entities, the entity holding the permit to operate from the local air pollution control district or air quality management district is considered to have operational control for purposes of this article.
"Operator" means the entity, including an owner or leaseholder, having operational control of a facility. For onshore petroleum and natural gas production, the operator is the operating entity listed on the state well drilling permit, or a state operating permit for wells where no drilling permit is issued by the state.
"Particulate matter" or "PM" is a criteria air pollutant for the purposes of this article. The requirements for reporting particulate matter are included in 93404(c)(1)(A). For the purposes of this article, the following definitions apply:
- "PM2.5" means PM with an aerodynamic diameter equal to or less than 2.5 micrometers, including both filterable PM and condensable PM.
- "PM10" means PM with an aerodynamic diameter equal to or less than 10 micrometers, including both filterable PM and condensable PM. PM10 will include PM2.5.
-"Condensable PM" means material that exists in vapor phase at stack conditions, but which condenses or reacts upon cooling or dilution in the ambient air to form solid or liquid PM after discharge from the stack. All condensable PM is in the PM2.5 size fraction.
- "Filterable PM" means particles that are directly emitted by a source as a solid or liquid at stack or release conditions such that they could be captured on the filter of a source test sampling train. Filterable PM can be in the PM2.5 or PM10 size fraction, or may be larger in size.
"Permit" or "Air District Permit" means a temporary or permanent document, issued by a district, which authorizes a facility to operate a device, process, or facility that emits substances into the air, including, but not limited to, criteria air pollutants and toxic air contaminants. Permits may establish numeric limits on activity levels for devices or processes, or the amount of emissions a facility is legally authorized to emit over a specified period of time. If existing air district policy requires emissions data reporting under the requirements of an air district issued authority to construct or permit to construct, districts may treat these documents as "Permits" or "Air District Permits" for the purpose of implementing this article.
"Permit ID" or "Air District Permit ID" means the identification code or other identifier used by the local air district for a facility permit.
"Physical address" means the street address, city, state and zip code of a facility's or company's actual physical location. For facilities, the physical address serves to locate one or more emission sources rather than to locate a corporate office or as a mailing address. For facilities in rural or other locations without a distinct street or other address, or that are geographically dispersed, a best available address should be provided, which is nearest to the most significant emission source(s). A best available address could include cross streets, a road or highway number, or other identifying information for the street address and city.
"Pollutant code" means the numeric codes associated with the pollutant names as specified in the table below.
| Pollutant Code | Pollutant Name | Abbreviated Name |
| 42101 | Carbon Monoxide | CO |
| 42603 | Oxides of Nitrogen | NOx |
| 42401 | Oxides of Sulfur | SOx |
| 11101 | Particulate Matter | PM |
| 85101 | Particulate Matter 10 Microns or Less | PM10 |
| 88101 | Particulate Matter 2.5 Microns or Less | PM2.5 |
| 16113 | Reactive Organic Gases | ROG |
| 43101 | Total Organic Gases | TOG |
| 43104 | Volatile Organic Compounds | VOC |
| 42604 | Ammonia (toxics Emittent ID 7664417) | NH3 |
| 12128 | Lead (toxics Emittent ID 7439921) | Pb |
"Portable" means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable. The engine or equipment unit is not portable if any of the following are true:
- The engine or equipment unit or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or equipment unit such as back-up or stand-by engines or equipment units, that replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s) or equipment unit(s), including the time between the removal of the original engine(s) or equipment unit(s) and installation of the replacement engine(s) or equipment unit(s), will be counted toward the consecutive time period; or
- The engine or equipment unit remains or will reside at a location for less than 12 consecutive months if the engine or equipment unit is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or
- The engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time requirements.
"Process" means a type of activity for a device that produces emissions (e.g. flaring, internal combustion, heating, painting, gravel screening, breathing loss, vehicle fueling, spillage, solvent cleaning, etc.). One device has at least one process.
"Process description" means a description of the emitting process indicating how substances are emitted to the atmosphere.
"Reactive organic gases" or "ROG" means gaseous volatile organic compounds (or VOC), as defined in the Code of Federal Regulations, title 40, section 51.100(s), as of June 12, 2019, which is incorporated by reference herein. If a district has, prior to the effective date of this regulation, established a rule that defines ROG differently than this article, the district may use the district rule definition to quantify ROG.
"Release location" or "Release location exit" means the location at which a gas stream enters the ambient air.
"Release location exit gas flow rate" means the numeric value of the volumetric flow rate of a stack gas stream as measured in the stack or at the release point exit, in units of actual cubic feet per minute, or ACFM. Exit gas flow rate should represent, to the extent feasible, the typical, or the most common or generally used, annual operating conditions. Exit gas flow rate may be based on, in order of preference: direct measurements (including measurements recorded during source testing), engineering evaluation, engineering specifications, or other science-based methods.
"Release location exit gas temperature" means the numeric value of the temperature of an exit gas stream as measured in the stack or at the release point exit, in units of degrees Fahrenheit. Exit gas temperature should represent, to the extent feasible, the typical, or the most common or generally used, annual operating conditions. Exit gas temperature may be based on, in order of preference: direct measurements (including measurements recorded during source testing), engineering evaluation, engineering specifications, or other science-based methods.
"Release location exit gas velocity" means the numeric value of the velocity of an exit gas stream as measured in the stack or at the release point exit, in units of feet per minute. Exit gas velocity should represent, to the extent feasible, the typical, or the most common or generally used, annual operating conditions. Exit gas velocity may be based on, in order of preference: direct measurements (including measurements recorded during source testing), engineering evaluation, engineering specifications, or other science-based methods.
"Release location height above ground" means the physical height of a release point above the immediate surrounding terrain, in units of feet.
"Release location stack diameter" means the inner physical diameter of a circular stack or the equivalent diameter of a rectangular stack, in units of feet.
"Release location type" means the identification of whether the release location is a point source (e.g. a stack), or a volume source (e.g. fugitive leaks).
"Release point physical configuration" means an indication of whether the stack or release point is fugitive, vertical, horizontal, gooseneck, vertical with rain cap, or downward-facing vent.
"Sector Phase" means the sector phase identification number for a facility or activity, as identified in Appendix A, Table A-3 of this article. The Sector Phase identification number is used in conjunction with the Air District Group identifier to determine the initial data year for a facility subject per section 93401(a)(4)(C).
"Short ton" means a common international measurement for mass, equivalent to 2,000 pounds, referred to as "tons" herein.
"Shut down" means the permanent or indefinite cessation of operation of an emission source for any purpose.
"Source" means any physical unit, process, or other use or activity that releases a criteria air pollutant or toxic air contaminant into the atmosphere.
"Source Classification Code(s)" or "SCCs" means the typically eight-digit code(s) that represent distinct source processes, as listed in Appendix C to the "Staff Report: Initial Statement of Reasons" published by the California Air Resources Board on October 23, 2018, which is incorporated by reference herein.
"Stack" or "release point" means any opening or passage designed to emit gases, solids, or liquids from a source into the air, including a chimney, vent, pipe, or duct.
"Standard cubic foot" or "scf" is a measure of quantity of gas, equal to a cubic foot of volume at 60 degrees Fahrenheit and either 14.696 pounds per square inch (1 atm) or 14.73 PSI (30 inches Hg) of pressure.
"Standard Industrial Classification Codes" or "SICs" or "SIC Codes" means the four-digit codes that are used to identify and classify a company's primary business function or activity. SIC code numbers were last updated in 1987 by the U.S. Office of Management and Budget, and are no longer maintained or revised. The SIC codes are available on the United States Department of Labor, Occupational Safety and Health Administration, "SIC Division Structure" website page, which is incorporated by reference herein.
"Stationary" means neither portable nor self-propelled, and operated at a single facility.
"Sulfur oxides" or "SOx" means all oxides of sulfur.
"Tactical Support Equipment" or "TSE" means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, internal combustion engines associated with portable generators, aircraft start carts, heaters and lighting carts.
"Total organic gases" or "TOG" means any gaseous compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
"Toxic air contaminant" means, for the purpose of this article, those substances identified in Appendix A-I of the Emission Inventory Criteria and Guidelines for the Air Toxics "Hot Spots" Program (EICG), version effective September 26, 2007, as issued by CARB, and substances identified in Appendix B of this article.
"Unit Type Code" means the numeric code that represents the broad category or type of a device, as listed in Table 1 of Appendix B to the "Staff Report: Initial Statement of Reasons" for the Public Hearing to Consider Amendments to the Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants, dated October 2, 2020, and published by the California Air Resources Board, which is incorporated by reference herein. Examples of Unit Type Codes include: 100 (for Boilers), 120 (for Turbines), and 200 (for Furnaces).
"U.S. EPA" means the United States Environmental Protection Agency.
"Volatile Organic Compounds" or "VOCs" means, for the purpose of this article the same as Reactive Organic Gases.
"Wastewater treatment plant" means any of the following:
A covered system wastewater treatment plant has a covering over the physical area where the primary settling process occurs in the wastewater treatment process, such as sedimentation tanks. The primary tanks may be sealed or covered with a fixed, floating, or retractable covering and shall be air tight, thus preventing emissions from being released into the air.
Cal. Code Regs. Tit. 17, § 93402
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.
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.