1. (a) GHG, Criteria, and Elevated Toxics Facilities Emissions Reporting: Phase-In Schedule. Owners or operators of a GHG, Criteria, or Elevated Toxics Facility subject to reporting per sections 93401(a)(1), (2), or (3) must submit annual emissions reports according to the following phase-in schedule.

   1. (1) Annual Emissions Reporting Using Existing District Program and Methods: Phase-In Period. Owners or operators of a facility specified below in 93403(a)(1)(A) and (B) must submit annual emissions reports during the phase-in periods described below that include all data as specified by the local air district's existing emissions reporting program and methods for the 12-month period of time currently required to be reported by the local air district. The annual emissions reports submitted during this phase-in period do not require reporting of the contents of section 93404, unless required by the local air district. Facility owners or operators submitting emissions reports during the phase-in period must either provide emissions data for the criteria air pollutants and toxic air contaminants pursuant to the local air district's existing emissions reporting program, or provide sufficient activity level data for the air district to calculate such emissions using the existing district program and methods.

      1. (A) For GHG and Criteria Facilities subject to reporting per sections 93401(a)(1) and (2), the above phase-in period and district existing methods requirements apply for 2019 data reported in 2020.

         1. 1. Criteria Facility Permitted Emissions Reporting Delay. Criteria Facilities subject to reporting per section 93401(a)(2), but not subject to 93401(a)(1) or 93401(a)(3), are not required to provide an annual emissions report per this article for the 2019 data year unless actual emissions of any applicable nonattainment pollutant or its precursors exceeds 250 tpy. Following the 2019 data submission in 2020, applicability for Criteria Facilities is based on air district permitted emissions, and not actual emissions.
      2. (B) For Elevated Toxics Facilities subject to reporting only per section 93401(a)(3), the above section 93403(a)(1) phase-in and district existing methods requirements apply to both the 2019 data reported in 2020, and the 2020 data reported in 2021.

   2. (2) Annual Emissions Reporting. Following the phase-in periods described above in 93403(a)(1), owners and operators of GHG, Criteria, or Elevated Toxics Facilities must submit annual emissions reports according to the requirements and containing the Facility Data of section 93404(a) and the Full Report Contents of 93404(b)(1).

      1. (A) Owners or operators of a GHG, Criteria, or Elevated Toxic Facility subject per 93401(a)(1), (2), or (3) may defer reporting the release location data specified in 93404(b)(1)(D) and the substances listed in Appendix B, Table B-2, until 2022 data reported in 2023. Additionally, for these sources, reporting of substances listed in Appendix B, Table B-3, may be deferred until 2026 data reported in 2027.

2. (b) Additional Applicability Facilities Emissions Reporting. Owners and operators of an Additional Applicability Facility subject to reporting only per section 93401(a)(4) and no other applicability criteria, must submit emissions reports according to this section.

   1. (1) Initial Emissions Reporting. Based on the facility District Group location and the Sector Phase of the Permitted Process triggering applicability, owners and operators of an Additional Applicability Facility subject to reporting only per section 93401(a)(4) and no other applicability criteria, must submit an initial emissions report for the data year indicated in Table A-1 of Appendix A, except for agricultural operation facilities as specified in 93403(b)(5). As specified under Section 93401(a)(4)(C), once any applicability criteria is met by a facility, all facility sources specified in 93404(c)(2) are reportable, regardless of the Sector Phase of additional facility sources. Submittal of emissions reports for other data years is optional until the years indicated for Annual Emissions Reporting in 93403(b)(2).
   2. (2) Annual Emissions Reporting. With the exception of facilities that meet the Sector Phase 3B category criteria in Table A-3, following initial emissions reporting, owners and operators of an Additional Applicability Facility subject to reporting only per section 93401(a)(4) and no other applicability criteria, must submit annual emissions reports beginning with the 2026 data year reported in 2027 for facilities in District Group A, and beginning with the 2028 data year reported in 2029 for facilities in District Group B. Sector Phase 3B sources must submit annual emissions reports beginning with the 2028 data year in 2029, regardless of District Group, as specified in Table A-1.

   3. (3) Emissions Report Contents. Emissions reports for an Additional Applicability Facility subject to reporting only per section 93401(a)(4) and no other applicability criteria must include the Facility Data of 93404(a), and either the Full Report Contents specified in section 93404(b)(1) or the Abbreviated Report Contents specified in section 93404(b)(2), as applicable.

      1. (A) Release Location Data Reporting. Owners or operators of an Additional Applicability Facility subject only per 93401(a)(4) and required to report the Full Report Contents of section 93404(b)(1) are not required to report the release location data specified in 93404(b)(1)(D), unless the data is requested by the Executive Officer or the local air district prior to the beginning of the data year for which the release location data reporting is required.

   4. (4) For a facility subject only to reporting per section 93401(a)(4) and not submitting an abbreviated report, that facility's emissions report must include all emissions sources specified in 93404(c)(2), as applicable (not only those triggering applicability in Table A-3 of Appendix A), including those permitted processes that may be subject to phase-in emission reporting requirements in a future data year.

      For sources subject to reporting only per sections 93401(a)(4)(A)-(C) that are included under Sector Phase 3B in Table A-3, such facilities may postpone the initial reporting year reporting until the 2028 data year, even if other permitted processes in Sector Phases 1, 2, or 3 are present at the facility.

   5. (5) Agricultural operation facilities subject only to reporting per section 93401(a)(4) may postpone the initial year of reporting to Sector Phase 3 for the applicable District Group identified in Table A-1 of Appendix A.

3. (c) Submittal of Emissions Reports. For facilities subject to this article, emissions reports must be submitted to the local air district, or alternatively, to CARB, as specified in this section.

   1. (1) Submittal to the Local Air District. Owners and operators of a facility subject to this article must submit emissions reports to the local air district by May 1 of the year immediately following the data year, unless approved by the local air district and the Executive Officer to submit emissions reports directly to CARB as specified in 93403(c)(2). For one or more facilities, a local air district may specify a different submittal date which supersedes the May 1 submittal date, if the district is able to provide the data to CARB no later than August 1 of the year following the data year. The local air district will determine the format in which the facility report contents are submitted to the district.

      1. (A) By August 1 of the year immediately following the data year, annual emissions reports submitted to the air district may be submitted by the local air district on behalf of the owner or operator of the facility to CARB. If the local air district does not submit the required emissions data to CARB on behalf of the owner or operator of the facility by August 1 of the year immediately following the data year, the Executive Officer, after consultation with the local air district, will notify the designated representative and/or the owner or operator of the facility to obtain the data required by this article. The facility designated representative and/or owner or operator must provide the required emissions data as specified in 93403 and 93404 to both the local air district and CARB within 30 calendar days of notification.

         If an air district elects to quantify emissions on behalf of the owner or operator of a facility subject to this article, owners or operators must provide sufficient data for the air district to determine the data required by section 93404, except for the data elements identified in sections 93404(b)(1)(C)(3) through (12), as the air district will determine those data elements.

   2. (2) Alternative Submittal to CARB. -Alternatively, the designated representative and/or owner or operator of an affected facility may request to submit current and future emissions reports directly to a CARB administered electronic data system, if such a system is available, as specified below. Air districts may require one or more facilities within its boundaries to submit emissions reports directly to the CARB administered electronic data system. Owners and operators of a facility submitting directly to CARB must submit emissions reports by August 1 of the year following the data year.

      1. (A) Requests for Alternative Submittal to CARB. -Requests by the designated representative and/or owner or operator of an affected facility must be submitted to the email address in section 93403(f) and the Air Pollution Control Officer of the local air district by January 31 of the year immediately following the data year, to be considered for that data year. In making the determination, the potential benefits of direct submission to the CARB administered electronic data system including factors such as data processing efficiencies, district and CARB data review needs, and report submission consistency, will be evaluated. The determination will be made within 45 calendar days of submission. If the request is approved both by designated representatives of CARB and the Air Pollution Control Officer of the local air district, the facility emissions reports may be directly submitted to the CARB administered electronic data system.
   3. (3) If data required from any facility subject to this article is found to be missing, incomplete, or incorrect, CARB will contact the air district and notify the facility designated representative of missing, incomplete, or incorrect data. For the purpose of compliance determinations, the facility owner or operator shall maintain liability for any late submittals and errors in data submitted to the local air district or CARB by the facility owner or operator.
4. (d) Disaggregation for GHG Facilities. For owners or operators of a facility subject to this article pursuant to section 93401(a)(1) based on greenhouse gas (GHG) emissions, who report aggregated facility GHG emissions under CCR, title 17, sections 95100-95163, including but not limited to onshore petroleum and natural gas production facilities and geothermal electricity generation facilities, the criteria air pollutant and toxic air contaminant emissions must be quantified and reported for individual facilities as identified by local air districts.

5. (e) Reporting Responsibilities During Changes in Ownership. The owner or operator at the time of a reporting deadline specified in this article must comply with the requirements of this article.

   1. (1) For a facility, emissions data for the facility must be reported for the entire data year during which reporting is required. If an ownership change takes place during a data year or prior to a reporting deadline for the data year, the prior owner and current owner share responsibility to ensure that facility emissions data are reported for the entire data year. Each party is responsible for data collection and reporting for the period during which they had operational control of the facility.

   2. (2) For annual reporting when a change of ownership occurs during the data year or prior to the reporting deadline for the data year, with concurrence of the local air district, facility owners or operators must either:

      1. (A) Submit a single consolidated emissions report which provides data for the entire data year and spans the ownership change, with the report typically being submitted by the current owner or operator; or,
      2. (B) Submit individual emissions reports, by the respective owners or operators, that include data only for the period during which they held ownership of the facility.

6. (f) Addresses. The following address (in addition to the appropriate address of the local air district) shall be used for any necessary notifications or materials that are not submitted by other means as described in this article:

   MANAGER, CRITERIA POLLUTANT AND AIR TOXICS REPORTING SECTION

   SPECIAL ASSESSMENT BRANCH

   AIR QUALITY PLANNING & SCIENCE DIVISION

   CALIFORNIA AIR RESOURCES BOARD

   P.O. BOX 2815

   SACRAMENTO, CA 95812

   EMAILED NOTIFICATIONS OR MATERIALS MUST BE SUBMITTED TO CARB

   AT:

   [email protected]

Owners or operators of the facilities subject to this article must submit complete emissions reports according to the requirements specified in section 93403 for criteria air pollutants and toxic air contaminants.

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.

History

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.