1. (a) The owner or operator of a facility subject to this article, including those facilities that cease reporting pursuant to 93401(c), must retain records and documentation necessary to validate the data in the emissions report for a period of no less than five years, notwithstanding other federal, state, or local recordkeeping requirements, from the date that the emissions report is submitted to CARB or the air district. Retained records include but are not limited to, information used to quantify or report emissions data in the emissions report, underlying monitoring and metering data, invoices of receipts or deliveries, sales transaction data, calculation methods, protocols used, analysis results, calibration records, and other relevant information.
2. (b) All records must be retained at the facility and made available to CARB or air district staff for onsite inspection at the time of inspection.
3. (c) Emission Report Audits. Copies of any records or other materials maintained under the requirements of this article must be made available to the Executive Officer upon request, within 30 calendar days of receipt of such request to the designated representative of the owner or operator of the facility subject to this article. The facility owner or operator must make available appropriate records, data, and personnel for either in-person on-site audits, or remotely implemented audit activities, so that CARB may review and verify the completeness and accuracy of submitted emissions data.
4. (d) Requests for Additional Data from Abbreviated Reporters. The local air district, or CARB (in consultation with the local air district) may require additional information and data from the owners and operators of a facility that qualifies for abbreviated reporting. The additional data will be requested if the local air district or CARB determines that the data from the abbreviated report indicates a potential elevated risk to receptors due to the emissions from the facility or due to the cumulative effects of emissions from the facility combined with other sources. Additional data requested includes the data elements under the Full Report Contents of section 93404(b). Requested information and data must be made available to the Executive Officer upon request, within 60 days of receipt of such request to the designated representative of the owner or operator of the facility subject to this article.

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.