1. (a) Information About the Electricity Generating Facility. Notwithstanding any limitations in 40 CFR Parts 75 or 98, the operator of an electricity generating facility is required to include in the emissions data report the information listed in this paragraph, unless otherwise specified in paragraphs (e) and (g) of this section for geothermal facilities and facilities with renewable energy generation. Reporting of information specified in section 95112(a)(4)-(6) is optional for facilities that do not provide or sell any generated energy outside of the facility boundary. However, facility operators that are applying for or receiving the legacy contract transition assistance under the cap-and-trade regulation, or that are applying for or receiving the limited exemption for emissions from the production of qualified thermal output under the cap-and-trade regulation, must report the information in sections 95112(a)(4)-(6), even if they do not provide or sell any generated energy outside of the facility boundary.

   1. (1) If applicable, facility identification numbers assigned by the California Energy Commission, U.S. Energy Information Administration, Federal Energy Regulatory Commission's PURPA Qualifying Facility program, and California Independent System Operator;
   2. (2) Total facility nameplate generating capacity in megawatts (MW);
   3. (3) Indicate whether the facility is a stand-alone electricity generating facility, an independently operated cogeneration/bigeneration facility co-located with the thermal host, an independently operated and sited cogeneration/bigeneration facility, or an industrial/institutional/commercial facility with electricity generation capacity, as applicable. Also indicate whether the facility is a grid-dedicated facility, a facility that does not provide any generated energy outside of the facility boundary, as applicable.

   4. (4) The disposition of generated electricity in MWh, reported at the facility-level, including for each of the following disposition categories, if applicable:

      1. (A) Generated Electricity For Grid. Generated electricity provided or sold to a retail provider or electricity marketer who distributes the electricity over the electric power grid for wholesale or retail customers of the grid. The operator must report the name of the retail provider or electricity marketer;

      2. (B) Generated Electricity For Other Users. Generated electricity provided or sold directly to particular end-users (as defined in section 95102). A reportable end-user includes any entity, under the same or different operational control, that is not a part of the facility. Report each end-user's facility name, NAICS code, and ARB ID if applicable;

         1. 1. In addition to reporting the overall amount of electricity provided or sold directly to end users, separately quantify and report the subset of generated electricity used to produce cooling energy (e.g., chilled water) to end-users outside of the facility boundary.

      3. (C) Generated Electricity For On-Site Industrial Applications Not Related to Electricity Generation. If the facility includes industrial processes or operations that are neither in support of or a part of the power generation system, report the total amount of generated electricity used by those on-site industrial processes or operations.

         1. 1. In addition to reporting the overall amount of electricity used for on-site industrial applications not related to electricity generation, also separately quantify and report the subset of generated electricity that is used to produce cooling energy used on-site that is neither in support of nor a part of the power generation system.

            If the facility includes equipment that utilizes generated electricity to produce cooling (e.g., absorption chiller) for the sole purpose of maintaining temperature in the electricity generation or cogeneration system, account for such electricity as a part of the difference between gross generation and net generation (parasitic load) pursuant to section 95112(b)(2).

            If a facility includes more than one electricity generating unit or cogeneration system, and each unit/system or each group of units generate electricity for different particular end-users or retail providers or electricity marketers, the operator must separately report the disposition of generated electricity by unit/system or by group of units. For the purpose of separate reporting of disposition, the operator may group similar units together if the generated electricity from the group of units is provided to the same destination.

   5. (5) The operator of a cogeneration or bigeneration unit must report the disposition of the thermal energy (MMBtu) generated by the cogeneration unit or bigeneration unit (“generated thermal energy”), reported at the facility-level, including for each of the following disposition categories, if applicable:

      1. (A) Generated Thermal Energy For Other Users. Thermal energy provided or sold to particular end-users (as defined in section 95102). A reportable end-user includes any entity, under the same or different operational control, that is not a part of the facility. Report each end-user's facility name, NAICS code, ARB ID if applicable, and the types of thermal energy product provided. Exclude from this quantity the amount of thermal energy that is vented, radiated, wasted, or discharged before the energy is provided to the end-user.

         1. 1. In addition to reporting the overall amount of generated thermal energy for other users, separately quantify and report the subset of generated thermal energy that is used to produce cooling energy (e.g., chilled water) or distilled water for a particular end-user outside of the facility boundary.
      2. (B) Parasitic Steam Use. Thermal energy used for supporting power production that has been included in the quantity reported under paragraph 95112(b)(3) but that is not accounted for in the quantities reported under paragraphs 95112(a)(5)(A) and (C). This thermal energy quantity must not include steam directly used for power production, such as the steam used to drive a steam turbine generator to generate electricity. Activities for supporting power generation may include steam used for power augmentation, NOx control, sent to a deaerator, or sent to a cooling tower.

      3. (C) Generated Thermal Energy For On-Site Industrial Applications Not Related to Electricity Generation. If the facility includes other industrial processes or operations that are neither in support of or a part of the electricity generation or cogeneration system, report the total amount of generated thermal energy that is used by those on-site industrial processes or operations and heating or cooling applications. Exclude from this quantity the amount of thermal energy that is vented, radiated, wasted, or discharged before it is utilized at industrial processes or operations. This quantity does not include the amount of thermal energy generated by equipment that is not an integral part of the cogeneration unit.

         1. 1. In addition to reporting the overall amount of electricity used for on-site industrial applications not related to electricity generation, also separately quantify and report the subset of generated electricity that is used on-site to produce cooling energy or distilled water that is neither in support of nor a part of the power generation system.

            If the facility includes equipment that utilizes generated thermal energy to produce cooling (e.g., absorption chiller) for the sole purpose of maintaining temperature in the electricity generation or cogeneration system, follow section 95112(a)(5)(B) in reporting such use of generated thermal energy.

            If a facility includes more than one cogeneration or bigeneration unit/system, and each unit/system or each group of units generate thermal energy for different particular end-users or on-site industrial processes or operations, the operator must report the disposition of generated thermal energy by unit/system or by group of units with the same dispositions.

            For the purpose of separate reporting of disposition, the operator may group similar units together if the generated thermal energy from the group of units is provided to the same destination.

   6. (6) For the first year of reporting, operators of cogeneration or bigeneration units must submit a simplified block diagram depicting the following, as applicable: individual equipment included in the generation system (e.g. turbine, engine, boiler, heat recovery steam generator); direction of flows of energy specified in paragraphs (a)(4)-(5), (b)(2)-(4) and (b)(7)-(8) of this section, with the forms of energy carrier (e.g. steam, water, fuel) labeled; and relative locations of fuel meters and other fuel quantity measurements. If the cogeneration or bigeneration system is modified after the initial submission of the diagram, the operator must resubmit an updated diagram to ARB.

2. (b) Information About Electricity Generating Units. Notwithstanding any limitations in 40 CFR Parts 75 or 98, the operator of an electricity generating unit must include in the emissions data report the information listed in this paragraph. For aggregation of electricity generating units, the operator must meet the applicable criteria in 40 CFR § 98.36(c)(1)-(4), unless otherwise specified in sections 95115(h) and 95112(b). For an electricity generation system (a cogeneration system, a bigeneration system, a combined cycle electricity generation system, or a system with boilers and steam turbine generators), the operator may aggregate all the units that are integrated into the system for the purpose of reporting data to ARB. Operators of Part 75 units may also aggregate units to the system level according to this paragraph, notwithstanding the limitation in 40 CFR § 98.36(d)(1)(i). If there is more than one system present at the facility, each system must be reported separately. For electricity generating units that are not part of an integrated generation system, aggregation of electricity generating units is limited to units of the same type, as specified in section 95115(h). Operators of geothermal facilities, hydrogen fuel cells, and renewable electricity generating units must follow paragraph (e), (f), or (g) of this section, whichever is applicable, instead of paragraph (b) of this section. For bottoming cycle cogeneration units, the operator is not required to report the data specified in section 95112(b)(4)-(6) except for any fuels combusted for supplemental firing as specified in section 95112(b)(7).

   1. (1) Basic information about the generating unit, including:

      1. (A) Nameplate generating capacity in megawatts (MW);
      2. (B) Prime mover technology;

   2. (C) For aggregation of units, provide a description of the individual equipment included in the aggregation;

      1. (D) If the unit generates both electricity and thermal energy, indicate whether the unit is a cogeneration or a bigeneration unit. If the unit is a cogeneration unit, indicate whether it is topping or bottoming cycle.
   3. (2) Net and gross power generated, in megawatt hours (MWh). The difference between net generation and gross generation is the parasitic load of electricity generation or cogeneration. The net generation quantity represents the amount of generated electricity that can be provided to the disposition categories in section 95112(a)(4).
   4. (3) If the unit is a cogeneration or bigeneration unit, the operator must report the total thermal output (MMBtu), as defined in section 95102, that was generated by the unit and can be potentially utilized in other industrial operations that are not electricity generation, including thermal energy that is vented, radiated, wasted, or discharged. Exclude from this quantity the heat content of returned condensate and makeup water and steam used to drive a steam turbine generator for electricity generation. The total thermal output quantity represents the amount of generated thermal energy that can be provided to the thermal energy disposition categories in section 95112(a)(5).
   5. (4) Fuel consumption by fuel type, reported in units of million standard cubic feet for gases, gallons for liquids, short tons for non-biomass solids, and bone dry short tons for biomass-derived solids.
   6. (5) If not already required to be reported under 40 CFR § 98.36(b) for Subpart C units and § 98.46 for Subpart D units, annual CO₂, CH₄, and N₂O emissions from the unit, expressed in metric tons of each gas.
   7. (6) If used to calculate CO₂ emissions and not already required to be reported under 40 CFR § 98.36(e)(2)(ii)(C) and (iv)(C), report weighted or arithmetic average carbon content and high heat value by fuel type, whichever is used in calculating emissions as specified in 40 CFR § 98.33.
   8. (7) For cogeneration systems, where supplemental firing has been applied to support electricity generation or thermal output, report the information in paragraphs (b)(4)-(6). Indicate by fuel type the portion of the total fuel consumption (MMBtu) that is used for supplemental firing, and indicate the purpose of the supplemental firing.
   9. (8) Other heat input for electricity generation. If the electricity generation unit uses additional heat input that is not already accounted for in paragraphs 95112(b)(4)-(6) (for example, if steam or heat is acquired from outside of the electricity generation system boundary or acquired from another facility for the generation of electricity), report the amount of acquired steam or heat (MMBtu). For bottoming cycle cogeneration units only, also report the input steam to the steam turbine (MMBtu) and the output of the heat recovery steam generator (MMBtu).

3. (c) Emissions from Fuel Combustion and Sorbent. When calculating CO₂, CH₄, and N₂O emissions from fuel combustion, the operator who is subject to Subpart C or D of 40 CFR Part 98 must use a method in 40 CFR § 98.33(a)(1)-(4) as specified by fuel type in section 95115 of this article, except that for CO₂ emissions the operator who is subject to Subpart D of 40 CFR Part 98 may elect instead to follow the provisions in 40 CFR § 98.43, within the limitations of section 95103(m) of this article.

   1. (1) The operator of a Subpart D unit must report emissions from fuels combusted within the data year but not reported pursuant to 40 CFR Part 75 requirements, such as prior to initial provisional or monitoring certification of CEMS. The operator must use a method in 40 CFR § 98.33(a)(1)-(4) as specified by fuel type in section 95115, or if applicable, according to the de minimis provisions in section 95103(i) of this article.
   2. (2) The operator of a Subpart D unit with contractual deliveries of biomethane or biogas is subject to the requirements in section 95131(i) of this article and must follow the procedure in sections 95115(e)(4)-(5) in calculating emissions from biomethane, biogas, and natural gas.
   3. (3) The operator of a Subpart D unit who reports CO₂ emissions using emission calculation methods specified in 40 CFR Part 75, and who operates a unit with a wet flue gas desulfurization system, must indicate the portion of the total reported CO₂ emissions that is generated from sorbent injection for acid gas removal.
4. (d) Monitoring, Data and Records. For each emissions calculation method chosen under section 95112(c), the operator must meet the applicable requirements for monitoring, missing data procedures, data reporting, and records retention that are specified in 40 CFR § 98.34 to § 98.37, except as modified in sections 95112, 95115, and 95129 of this article.

5. (e) CO₂ and CH₄ Emissions from Geothermal Facilities. Operators of geothermal generating facilities must report CO₂ and CH₄ emissions from geothermal energy sources, the amount of geothermal steam utilized (MMBtu) if steam quantity is used in calculating emissions, and applicable requirements in section 95112(a)(1)-(4), (b)(1)(A)-(C), and (b)(2). Operators of geothermal generating facilities must also report whether the source is, (i) a geothermal binary cycle plant or closed loop system, or (ii) a geothermal steam plant or open loop system.

   The operator must calculate annual emissions of CO₂ and CH₄ from geothermal energy sources using source specific emission factors derived from a measurement plan approved by the ARB. The operator must submit to the Executive Officer a measurement plan at least 45 days prior to the first test date. The measurement plan must include testing at least annually, and more frequently as needed. Upon approval of the measurement plan by the Executive Officer, the test procedures in that plan must be performed as specified in the plan.

6. (f) Hydrogen Fuel Cells. Operators of stationary hydrogen fuel cell units must include the following information in the annual GHG emissions data report:

   1. (1) Basic information about the generating unit specified in section 95112(b)(1)-(2);
   2. (2) Fuel or feedstock consumption by fuel/feedstock type, reporting in units of million standard cubic feet for gases, gallons for liquids, short tons for non-biomass solids, and bone dry short tons for biomass-derived solids;
   3. (3) The provider of each fuel or feedstock, and the user's customer account number;
   4. (4) Cogeneration information in section 95112(b)(3), if applicable.

   5. (5) CO₂ emissions from the hydrogen fuel cell, calculated using one of the following methods:

      1. (A) The fuel and feedstock mass balance approach in 40 CFR 98.163(b). If the fuel's carbon content is not known, the facility operator may use the default carbon content percentage value listed in Table 3-1 of section 95129(c).

      2. (B) For natural gas and biogas, if the fuel heat input is measured by the facility operator or by the fuel supplier, the operator may use the following equation to estimate emissions.

         CO₂ (MT/year) = H (MMBtu/year) x EF (kg CO₂/MMBtu) x 0.001 (MT/kg)

         Where

         CO₂ = Annual CO₂ emissions from fuel and feedstock consumption (metric tons/year)

         H = Total fuel heat input for the year (MMBtu/year)

         EF = Default CO₂ emission factor. Use 53.02 kg CO₂/ MMBtu for natural gas. Use 52.07 kg CO₂/MMBtu for biogas.

         0.001 = Conversion factor from kg to metric tons.

      3. (C) For biogas fuels, the facility operator may elect to use the best available estimation and engineering estimation approach to calculate emissions.
7. (g) On-site Renewable Electricity Generation. The requirements in this paragraph apply to facilities that meet the applicability for reporting under section 95101 and are not otherwise exempted from reporting under section 95101(f). If such facility includes non-fuel-based renewable electricity generating units with nameplate generating capacity of greater than 0.5 MW, the operator must report the nameplate generating capacity (MW), gross power generated (MWh) by the non-fuel-based renewable electricity generating units, and the applicable information in 95112(a). For facility operators that do not operate other electricity generating units that are subject to the requirements in paragraphs (a)-(f) of section 95112, reporting of information specified in section 95112(a)(4)(C) and (a)(5)-(6) is optional.
8. (h) Missing Data Substitution Procedures. To substitute for missing data for emissions reported under sections 95112 or 95115 of this article (stationary combustion units and units using continuous emissions monitoring systems), the operator must follow the requirements of section 95129 of this article. Facilities reporting under 40 CFR Part 75 must substitute for missing data under the requirements of that part, as specified in 40 CFR § 98.45.

9. (i) Additional Reporting Requirements for Legacy Contract Applicants. The additional requirements in section 95112(i) apply to every facility operator that is applying for legacy contract transition assistance under the cap-and-trade regulation. A legacy contract generator with an industrial counterparty must submit a simplified block diagram in every year that the facility operator applies for legacy contract transition assistance. Legends or attachments may be used when labeling the diagram. If any of the amounts requested are sums of measurements made by different devices, the amounts for each device must be shown in the diagram and the summation described in an attachment.

   1. (1) The diagram must depict the following elements:

      1. (A) For the data year, all of the information described in sections 95112(a)(4)-(5), as applicable, regardless of whether the facility operator, or the equipment, is itself otherwise subject to sections 95112(a)(4)-(5). This information reflects electricity and thermal energy flows, including information identifying the recipient(s) of the electricity and/or thermal energy. Also report the quantities of any other products provided or sold under the legacy contract, using the units in which they are reported elsewhere in this regulation, if applicable. The diagram must indicate where each of these energy flows or products is measured. In addition, the following information must be included:

         1. 1. Each of the amounts reported under section 95112(i)(1)(A) must be labeled indicating whether or not it was provided under the legacy contract; and
         2. 2. All thermal energy products must be labeled with the type of thermal energy product (e.g., steam, hot water, chilled water, distilled water).
      2. (B) The individual equipment included in the system for which the facility operator is applying for legacy contract transition assistance, and other equipment that is not an integral part of that system but produces or consumes energy that is sent to or received from that system and is owned or operated by the facility operator. Boilers, individual generators such as heat recovery steam generators, turbines if separate from generators, ice plants, chillers, purifiers and other equipment that meet these criteria must each be shown separately in the diagram. In addition, label each piece of equipment with the amount of fuel consumed (in MMBtu) by that piece of equipment during the data year, if any, and the resulting greenhouse gas emissions in CO₂e as reported elsewhere under this regulation. The diagram must also indicate the fuel meter where this fuel use was measured, and the amount measured.
      3. (C) An outline showing the boundary of the activities covered by the legacy contract.

The operator of a facility who is required to report under section 95101 of this article, and who is not eligible for abbreviated reporting under section 95103(a), must report as specified below and comply with Subparts C and D of 40 CFR Part 98 (§§ 98.30 to 98.48), as applicable, in reporting emissions and other data from electricity generating and cogeneration units to ARB, except as otherwise provided in this section. Notwithstanding the above, the operator of a facility with total facility nameplate generating capacity of less than 1 MW may elect to follow section 95115 in reporting electricity generating units as general combustion sources, in lieu of the requirements of section 95112. If engineering estimation is used to report disposition of generated energy or energy flow data that are not used directly to determine emissions, facility operators must demonstrate accuracy of the chosen engineering estimation method.

Note: Authority cited: Sections 38510, 38530, 39600, 39601, 39607, 39607.4 and 41511, Health and Safety Code. Reference: Sections 38530, 39600 and 41511, Health and Safety Code.

History

1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).

2. Amendment of section heading, section and Note filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).

3. Amendment filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).

4. Amendment of subsections (a) and (a)(4)-(a)(4)(C), new subsections (a)(4)(C)1.-2., amendment of subsections (a)(5)-(a)(5)(C), new subsections (a)(5)(C)1.-2., amendment of subsections (a)(6), (b)(2), (b)(3), (c) and (c)(2), new subsection (c)(3), amendment of subsection (f), new subsections (f)(5)-(f)(5)(C) and amendment of subsection (h) filed 12-31-2013; operative 1-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 1).

5. Amendment of subsection (a) and new subsections (i)-(i)(1)(C) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).

6. Amendment filed 9-1-2017; operative 1-1-2018 (Register 2017, No. 35).