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§ 95802. Definitions.

17 CA ADC § 95802Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 10. Climate Change (Refs & Annos)
Article 5. California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms
Subarticle 2. Purpose and Definitions
17 CCR § 95802
§ 95802. Definitions.
(a) Definitions. For the purposes of this article, the following definitions shall apply:
“Account Viewing Agent” means an individual authorized by a registered entity to view all the information on the entity's accounts contained in the tracking system.
“Accounts Administrator” means the entity acting in the capacity to administer the accounts identified in this regulation. This may be ARB, or could be an entity ARB enters into a contract with.
“Activity-Shifting Leakage” means increased GHG emissions or decreased GHG removals that result from the displacement of activities or resources from inside the offset project's boundary to locations outside the offset project's boundary as a result of the offset project activity.
“Additional” means, in the context of offset credits, greenhouse gas emission reductions or removals that exceed any greenhouse gas reduction or removals otherwise required by law, regulation or legally binding mandate, and that exceed any greenhouse gas reductions or removals that would otherwise occur in a conservative business-as-usual scenario.
“Adjusted Clinker and Mineral Additives Produced” means annual amount of clinker and mineral additives (limestone and gypsum) derived by using the following metric: Adjusted clinker and mineral additives produced = clinker produced x (1 + (limestone and gypsum consumed)/clinker consumed)).
“Adjusted Hulled and Dried Pistachios” means the raw pistachios that have been received and subjected to a hulling and drying process. Hulling is the process of removing pistachio hulls that cover pistachio shells and kernels. Drying is the process of reducing the moisture content of hulled pistachios. Adjusted hulled and dried pistachios shall conform to the sampling methodology specified in the “Representative Sampling” section of “Agriculture Shipping Point and Market Inspection Instructions for Pistachios in the Shell” (U.S. Department of Agriculture 2005), which is hereby incorporated by reference, and the weight shall be corrected to five percent moisture.
“Adverse Offset Verification Statement” means an Offset Verification Statement rendered by a verification body attesting that the verification body cannot say with reasonable assurance that the submitted Offset Project Data Report is free of an offset material misstatement, or that it cannot attest that the Offset Project Data Report conforms to the requirements of this article or applicable Compliance Offset Protocol.
“Air Dried Ton of Paper” means paper with 6 percent moisture content.
“Air Pollution Control District” or “Air Quality Management District” or “Air 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 Health and Safety Code.
“Allowance” means a limited tradable authorization to emit up to one metric ton of carbon dioxide equivalent.
“Almond” means the edible seed of the almond (Prunus amygdalus).
“Alternate Account Representative” means an individual designated pursuant to section 95832 to take actions on an entity's accounts.
“Aluminum and aluminum alloy billet” is a solid bar of nonferrous metal, produced by casting molten aluminum alloys, that is suitable for subsequent rolling, casting, or extrusion. Aluminum alloy is an alloy in which aluminum is the predominant metal and the alloying elements may typically be copper, magnesium, manganese, zinc, or other elemental additives or any combination of elements added.
“Anhydrous Milkfat” means fatty products derived exclusively from milk and/or products obtained from milk by means of processes which result in almost total removal of water and non-fat solids.
“Annual Allowance Budget” means the number of California Greenhouse Gas Allowances associated with one year of the Cap-and-Trade Program in subarticle 6.
“ARB ID” means, for the purposes of this article, the unique identification number assigned to each facility, supplier, and electric power entity that reports GHG emissions to the ARB pursuant to MRR.
“ARB Offset Credit” means a tradable compliance instrument issued by ARB that represents a GHG reduction or GHG removal enhancement of one metric ton of CO2e. The GHG reduction or GHG removal enhancement must be real, additional, quantifiable, permanent, verifiable, and enforceable. ARB offset credits may only be issued for GHG emission reductions or GHG removal enhancements that occur during a “Reporting Period,” as defined in this section.
“Aseptic Preparation” is a system in which a product is sterilized before filling into pre-sterilized packs under sterile conditions.
“Aseptic tomato paste” means tomato paste packaged using aseptic preparation. Aseptic paste is normalized to 31% tomato soluble solids (TSS). Aseptic paste normalized to 31% TSS = (%TSS - raw TSS)/(31 - raw TSS).
“Aseptic whole and diced tomatoes” means whole and diced tomatoes packaged using aseptic preparation. Sum of Aseptic Whole and Diced Tomatoes = Whole Tomatoes + (Diced Tomatoes x 1.05).
“Asphalt” means a dark brown-to-black, cement-like material obtained by petroleum processing and containing bitumens as the predominant component. It includes crude asphalt as well as the following finished products: cements, fluxes, the asphalt content of emulsions (exclusive of water), and petroleum distillates blended with asphalt to make cutback asphalts.
“Asset Controlling Supplier” means any entity that owns or operates inter-connected electricity generating facilities or serves as an exclusive marketer for these facilities even though it does not own them, and is assigned a supplier-specific identification number and system emission factor by ARB for the wholesale electricity procured from its system and imported into California. Asset Controlling Suppliers are considered specified sources.
“Assigned Emissions” or “Assigned Emissions Level” means an amount of emissions, in CO2e, assigned to the reporting entity by the Executive Officer under the requirements of section 95103(g) of MRR.
“Associated Gas” or “Produced Gas” means a natural gas that is produced in association with the production of crude oil.
“Auction” means the process of selling California Greenhouse Gas Allowances, along with allowances from External Greenhouse Gas Emissions Trading Systems with which California has linked its Cap-and-Trade Program pursuant to subarticle 12, by offering them up for bid, taking bids, and then distributing the allowances to winning bidders.
“Auction Purchase Limit” means the limit on the number of allowances one entity or a group of affiliated entities may purchase from the share of allowances sold at a quarterly auction.
“Auction Reserve Price” means a price for allowances below which bids at auction would not be accepted.
“Auction Settlement Price” means the price announced by the auction administrator at the conclusion of each quarterly auction. It is the price which all successful bidders will pay for their allowances and also the price to be paid to those entities which consigned allowances to the auction.
“Authorized Project Designee” means an entity authorized by an Offset Project Operator to act on behalf of the Offset Project Operator. The Authorized Project Designee must be a Primary Account Representative or Alternate Account Representative on the Offset Project Operator's Holding Account.
“Aviation Gasoline” means a complex mixture of volatile hydrocarbons, with or without additives, suitably blended to be used in aviation reciprocating engines. Specifications are as stated in MRR, section 95102(a).
“Baked potato chips” means a potato chip made from a potato dough that is rolled to a specified thickness, cut into a chip shape and then toasted in an oven.
“Balancing Authority” means the responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a balancing authority area, and supports interconnection frequency in real time.
“Balancing Authority Area” means the collection of generation, transmission, and loads within the metered boundaries of a balancing authority.
A balancing authority maintains load-resource balance within this area.
“Banking” means the holding of compliance instruments from one compliance period for the purpose of sale or surrender in a future compliance period.
“Barrel of Gas Processed Equivalent,” with respect to reporting of onshore natural gas processing as defined in MRR 95150(a)(3), means the volume of associated gas, waste gas, and natural gas processed converted to barrels at 5.8 MMBtu per barrel.
“Barrel of Oil Equivalent,” with respect to reporting of oil and gas production, means barrels of crude oil produced, plus associated gas and dry gas produced, converted to barrels at 5.8 MMBtu per barrel.
“Biodiesel” means a diesel fuel substitute produced from nonpetroleum renewable resources that meet the registration requirements for fuels and fuel additives established by the U.S. Environmental Protection Agency under section 211 of the Clean Air Act. It includes biodiesel that is all of the following: registered as a motor vehicle fuel or fuel additive under 40 CFR Part 79 (June 27, 1994); a mono-alkyl ester; meets American Society for Testing and Material designation ASTM D 6751-08 (Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels, 2008); intended for use in engines that are designated to run on conventional diesel fuel; and derived from nonpetroleum renewable resources.
“Biogas” means gas that is produced from the breakdown of organic material in the absence of oxygen. Biogas is produced in processes including anaerobic digestion, anaerobic decomposition, and thermochemical decomposition. These processes are applied to biodegradable biomass materials, such as manure, sewage, municipal solid waste, green waste, and waste from energy crops, to produce landfill gas, digester gas, and other forms of biogas.
“Biomass” means non-fossilized and biodegradable organic material originating from plants, animals, and microorganisms, including products, by-products, residues, and waste from agriculture, forestry, and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material. For the purpose of this article, biomass includes both California Renewable Portfolio Standard (RPS) eligible and non-eligible biomass as defined by the California Energy Commission.
“Biomass-Derived Fuels” or “Biomass Fuels” or “Biofuels” means fuels derived from biomass.
“Biomethane” means biogas that meets pipeline quality natural gas standards.
“Blanched Almonds” means raw almond meats that are introduced to the blanching process. Blanching is the process through which skins are detached from almond meats.
“Boiler” means a closed vessel or arrangement of vessels and tubes, together with a furnace or other heat source, in which water is heated to produce hot water or steam.
“Boric Oxide Equivalent” means the theoretical equivalent mass of boric oxide (B2O3) in all produced borate products, which is not necessarily equal to the mass of the physical substance boric oxide. This theoretical chemically equivalent mass of B2O3 in produced borate product is measured either (1) by using the methods described in “Method to Determine the Boric Oxide Equivalent in Borate Products” (ARB 2017), which is hereby incorporated by reference, or (2) by multiplying the mass of borates by the default boric oxide equivalency factors and summing the products. The default boric oxide equivalency factors are as follows: 38 percent for borax decahydrate (Na2B4O7*10H2O), 49 percent for borax pentahydrate (Na2B4O7*5H2O), 69 percent for anhydrous borax (Na2B4O7), 56 percent for boric acid (H3BO3), and 99 percent for anhydrous boric acid (B2O3).
“Budget Year” means the calendar year to which an annual allowance budget is assigned pursuant to subarticle 6.
“Business-as-Usual Scenario” means the set of conditions reasonably expected to occur within the offset project boundary in the absence of the financial incentives provided by offset credits, taking into account all current laws and regulations, as well as current economic and technological trends.
“Butter” means the product made by gathering the fat of fresh or ripened milk or cream into a mass that also contains a small portion of other milk constituents.
“Buttermilk” means the low-fat portion of milk or cream remaining after the milk or cream has been churned to make butter.
“Buttermilk powder” means milk powder obtained by drying liquid buttermilk that was derived from the churning of butter and pasteurized prior to condensing. Buttermilk powder has a protein content of no less than 30%. It may not contain, or be derived from, nonfat dry milk, dry whey, or products other than buttermilk, and contains no added preservatives, neutralizing agents, or other chemicals.
“Calcined coke” means petroleum coke purified to a dry, pure form of carbon suitable for use as anode and other non-fuel applications.
“Calcium Ammonium Nitrate Solution” means calcium nitrate that contains ammonium nitrate and water. Calcium ammonium nitrate solution is generally used as agricultural fertilizer.
“Calendar Year” means the time period from January 1 through December 31.
“California Balancing Authority” shall have the same meaning ascribed in section 95102(a) of MRR.
“California Electricity Transmission and Distribution System” means the combination of the entire infrastructure within California that delivers electric power from electric generating facilities to end users over single or multiple paths.
“California Greenhouse Gas Emissions Allowance” or “CA GHG Allowance” means an allowance issued by ARB and equal to up to one metric ton of CO2 equivalent.
“Calyx” or “Calyces” means the leaf-like structure composing the outermost part of a flower. This structure often encloses and protects a bud and may remain after a fruit forms.
“Cap” means the total number of California GHG Allowances that the Executive Officer issues over a given period of time.
“Cap-and-Trade Program” means the requirements of this article.
“Carbon Dioxide” or “CO2” means the most common of the primary greenhouse gases, consisting on a molecular level of a single carbon atom and two oxygen atoms.
“Carbon Dioxide Equivalent” or “CO2 equivalent” or “CO2e” means the number of metric tons of CO2 emissions with the same global warming potential as one metric ton of another greenhouse gas. Global warming potential values shall be determined consistent with the definition of Carbon Dioxide Equivalent in MRR section 95102(a).
“Carbon Dioxide Supplier” or “CO2 Supplier” means (a) facilities with production process units located in the State of California that capture a CO2 stream for purposes of supplying CO2 to another entity or facility or that capture the CO2 stream in order to utilize it for geologic sequestration where capture refers to the initial separation and removal of CO2 from a manufacturing process or any other process, (b) facilities with CO2 production wells located in the State of California that extract or produce a CO2 stream for purposes of supplying CO2 for commercial applications or that extract a CO2 stream in order to utilize it for geologic sequestration, (c) exporters (out of the State of California) of bulk CO2 that export CO2 for the purpose of geologic sequestration, (d) exporters (out of the State of California) of bulk CO2 that export for purposes other than geologic sequestration, and (e) importers (into the State of California) of bulk CO2. This source category is focused on upstream supply and is not intended to place duplicative compliance obligations on CO2 already covered upstream. The source category does not include transportation or distribution of CO2; purification, compression, or processing of CO2; or on-site use of CO2 captured on-site.
“Carbon Stock” means the quantity of carbon contained in an identified GHG reservoir.
“Carbonation” means the process of dissolving carbon dioxide in water.
“Casein” means a group of proteins found in milk which is coagulated by enzymes and acid to form cheese.
“Cement” means a building material that is produced by heating mixtures of limestone and other minerals or additives at high temperatures in a rotary kiln to form clinker, followed by cooling and grinding with blended additives. Finished cement is a powder used with water, sand, and gravel to make concrete and mortar.
“Cheese” means a food product derived from milk that is produced in a wide range of flavors, textures, and forms by coagulation of the milk protein casein.
“Cogeneration” means an integrated system that produces electric energy and useful thermal energy for industrial, commercial, or heating and cooling purposes, through the sequential or simultaneous use of the original fuel energy. Cogeneration must involve onsite generation of electricity and useful thermal energy and some form of waste heat recovery. Some examples of cogeneration include: (a) a gas turbine or reciprocating engine generating electricity by combusting fuel, which then uses a heat recovery unit to capture useful heat from the exhaust stream of the turbine or engine; (b) steam turbines generating electricity as a byproduct of steam generation through a fired boiler; and (c) cogeneration systems in which the fuel input is first applied to a thermal process such as a furnace and at least some of the heat rejected from the process is then used for power production. For the purposes of this article, a combined-cycle power generation unit, where none of the generated thermal energy is used for industrial, commercial, or heating and cooling purposes (these purposes exclude any thermal energy utilization that is either in support of or a part of the electricity generation system), is not considered a cogeneration unit.
“Cold Rolled and Annealed Steel Sheet” means steel that is cold rolled and then annealed. Cold rolling means the changes in the structure and shape of steel through rolling, hammering or stretching the steel at a low temperature. Annealing is a heat or thermal treatment process by which a previously cold-rolled steel coil is made more suitable for forming and bending. The steel sheet is heated to a designated temperature for a sufficient amount of time and then cooled.
“Cold Rolling of Steel” means the changes in the structure and shape of steel through rolling, hammering or stretching the steel at a low temperature.
“Combustion Emissions” means greenhouse gas emissions occurring during the exothermic reaction of a fuel with oxygen.
“Complexity weighted barrel” or “CWB” means a metric created to evaluate the greenhouse gas efficiency of petroleum refineries and related processes. The CWB value for an individual refinery is calculated using actual refinery throughput to specified process units and emission factors for these process units. The emission factor is denoted as the CWB factor and is representative of the greenhouse gas emission intensity at an average level of energy efficiency, for the same standard fuel type for each process unit for production, and for average process emissions of the process units across a sample of refineries. Each CWB factor is expressed as a value weighted relative to atmospheric crude distillation.
“Compliance Account” means an account created by the accounts administrator for a covered entity or opt-in covered entity with a compliance obligation, to which the entity transfers compliance instruments to meet its annual and full compliance period compliance obligations.
“Compliance Instrument” means an allowance or offset, issued by ARB or by an External Greenhouse Gas Emissions Trading System to which California has linked its Cap-and-Trade Program pursuant to subarticle 12, or sector-based offset credit. Each compliance instrument can be used to fulfill a compliance obligation equivalent to up to one metric ton of CO2e.
“Compliance Obligation” means the quantity of verified reported emissions or assigned emissions for which an entity must submit compliance instruments to ARB.
“Compliance Offset Protocol” means an offset protocol adopted by the Board.
“Compliance Period” means the three-year period for which the compliance obligation is calculated for covered entities except for the first compliance period. The compliance obligation for the first compliance period only considers emissions from data years of 2013 and 2014.
“Compressed natural gas” or “CNG” means natural gas in high-pressure containers that is highly compressed (though not to the point of liquefaction), typically to pressures ranging from 2900 to 3600 psi.
“Condensed milk” means the food obtained by partial removal of water only from a milk product. The finished food contains not less than 28 percent by weight of total milk solids. The composition of the milk solid components and nutritional content in condensed milk retains the same relative ratios as the parent fluid product except for minor composition changes due to processing.
“Conflict of Interest” means, for purposes of this article, a situation in which, because of financial or other activities or relationships with other persons or organizations, a person or body is unable or potentially unable to render an impartial Offset Verification Statement of a potential client's Offset Project Data Report, or the person or body's objectivity in performing offset verification services is or might be otherwise compromised.
“Conservative” means, in the context of offsets, utilizing project baseline assumptions, emission factors, and methodologies that are more likely than not to understate net GHG reductions or GHG removal enhancements for an offset project to address uncertainties affecting the calculation or measurement of GHG reductions or GHG removal enhancements.
“Consumer Price Index for All Urban Consumers” means a measure that examines the changes in the price of a basket of goods and services purchased by urban consumers, and is published by the U.S. Bureau of Labor Statistics.
“Container Glass Pulled” means the quantity of glass removed from the melting furnace in the container glass manufacturing process where “container glass” is defined as glass products used for packaging.
“Contract Description Code” means the alphanumeric code assigned by an exchange to a particular exchange product that differentiates the product from others traded on the exchange.
“Corn chip” is a food product made from masa (ground corn dough) that is rolled to a specific thickness, cut into a chip shape, lightly toasted in an oven, and then deep fried.
“Corn curl” is a food product made from a deep-fried extrusion of masa (ground corn dough).
“Counterparty” means the opposite party in a bilateral agreement, contract, or transaction.
“Covered Entity” means an entity within California that has one or more of the processes or operations and has a compliance obligation as specified in subarticle 7 of this regulation; and that has emitted, produced, imported, manufactured, or delivered in 2009 or any subsequent year more than the applicable threshold level specified in section 95812(a) of this rule.
“Cream” means that portion of milk, rich in milk fat, which rises to the surface of milk that is left standing or which is separated from milk by centrifugal force.
“Crediting Baseline” refers to the reduction of absolute GHG emissions below the business-as-usual scenario or reference level across a jurisdiction's entire sector in a sector-based crediting program after the imposition of greenhouse gas emission reduction requirements or incentives.
“Crediting Period” means the pre-determined period for which an offset project will remain eligible to be issued ARB offset credits or registry offset credits for verified GHG emission reductions or GHG removal enhancements.
“Data Year” means the calendar year in which emissions occurred.
“Deforestation” means direct human-induced conversion of forested land to non-forested land.
“Dehydrated chili pepper” means chili pepper that has been dehydrated to no more than 12 percent water by volume in order to extend the shelf life and to concentrate the flavor. Chili peppers are the fruit of plants from the genus Capsicum, and are members of the nightshade family Solanaceae.
“Dehydrated garlic” means garlic that has been dehydrated to no more than 6.8 percent water by volume in order to extend the shelf life and to concentrate the flavor. Garlic is an onion-like plant (Allium sativum) having a bulb that breaks up into separable cloves with a strong distinctive odor and flavor.
“Dehydrated onion” means onion that has been dehydrated to no more than 5.5 percent water by volume in order to extend the shelf life and to concentrate the flavor. Onion (Allium cepa) is a plant that has a fan of hollow, bluish-green leaves and the bulb at the base of the plant begins to swell when a certain day-length is reached.
“Dehydrated parsley” means parsley that has been dehydrated to no more than 5 percent water by volume in order to extend the shelf life and to concentrate the flavor. Parsley (Petroselinum crispum) is a species of Petroselinum in the family Apiaceae.
“Dehydrated spinach” means spinach that has been dehydrated to no more than 7 percent water by volume in order to extend the shelf life and to concentrate the flavor. Spinach (Spinacia oleracea) is an edible flowering plant in the family of Amaranthaceae.
“Delivered Electricity” means electricity that was distributed from a PSE and received by a PSE or electricity that was generated, transmitted, and consumed.
“Deproteinized whey” means products manufactured through the cold ultrafiltration of sweet dairy whey, removing a portion of the protein from sweet whey to result in a non-hygroscopic, free-flowing and clean flavored powder containing greater than 80% carbohydrate (lactose) levels.
“Diced Tomatoes” is the food prepared from mature tomatoes conforming to the characteristics of the fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. The tomatoes are diced or crushed, and shall have had the stems and calyces removed.
“Diesel Fuel” means Distillate Fuel No. 1 and Distillate Fuel No. 2, including dyed and non-taxed fuels.
“Direct Delivery of Electricity” or “directly delivered” has the same meaning as ascribed to MRR section 95102(a).
“Direct environmental benefits in the State” refers to the reduction or avoidance of emissions of any air pollutant in the state or the reduction or avoidance of any pollutant that could have an adverse impact on waters of the state.
“Direct GHG Emission Reduction” means a GHG emission reduction from applicable GHG emission sources, GHG sinks, or GHG reservoirs that are under control of the Offset Project Operator or Authorized Project Designee.
“Direct GHG Removal Enhancement” means a GHG removal enhancement from applicable GHG emission sources, GHG sinks, or GHG reservoirs under control of the Offset Project Operator or Authorized Project Designee.
“Distillate Fuel No. 1” has a maximum distillation temperature of 550°F at the 90 percent recovery point and a minimum flash point of 100°F and includes fuels commonly known as Diesel Fuel No. 1 and Fuel Oil No. 1, but excludes kerosene. This fuel is further subdivided into categories of sulfur content: High Sulfur (greater than 500 ppm), Low Sulfur (less than or equal to 500 ppm and greater than 15 ppm), and Ultra Low Sulfur (less than or equal to 15 ppm).
“Distillate Fuel No. 2” has a minimum and maximum distillation temperature of 540 °F and 640 °F at the 90 percent recovery point, respectively, and includes fuels commonly known as Diesel Fuel No. 2 and Fuel Oil No. 2. This fuel is further subdivided into categories of sulfur content: High Sulfur (greater than 500 ppm), Low Sulfur (less than or equal to 500 ppm and greater than 15 ppm), and Ultra Low Sulfur (less than or equal to 15 ppm).
“Distillate Fuel No. 4” means a distillate fuel oil with a minimum flash point of 131 °F made by blending distillate fuel oil and residual fuel oil.
“Distillate Fuel Oil” means a classification for one of the petroleum fractions produced in conventional distillation operations and from crackers and hydrotreating process units. The generic term “distillate fuel oil” includes kerosene, kerosene-type jet fuel, diesel fuels (Diesel Fuels No. 1, No. 2, and No. 4), and fuel oils (Fuel Oils No. 1, No. 2, and No. 4).
“Distilled spirit” means a spirit made from the separation of alcohol and a fermented product.
“District Heating Facility” means a facility that, at a central plant, produces hot water, steam, and/or chilled water that is distributed through underground pipes to buildings and facilities connected to the system that are not part of the same facility. District Heating Facility does not include a facility that produces electricity.
“Dolime” is calcined dolomite.
“Dry Gas” means a natural gas that is produced from gas wells not associated with the production of crude oil.
“Dry color concentrate” means precipitated solids extract from fruits and vegetables whose uses are for altering the color of materials and/or food.
“Ductile iron pipe” means pipe made of cast ferrous material in which a major part of the carbon content occurs as free graphite in a substantially nodular or spheroidal form. Pipes are used mainly to convey substances which can flow.
“Early Action Offset Credit” means a tradable credit issued by an Early Action Offset Program that represents a GHG reduction or GHG removal enhancement equivalent to one metric ton of CO2e and meets the requirements of the Program for Recognition of Early Action Offset Credits.
“Early Action Offset Program” means a program that meets the requirements of the Program for Recognition of Early Action Offset Credits and is approved by ARB.
“Early Action Offset Project” means an offset project that is registered with an Early Action Offset Program, has been issued early action offset credits, with the exception of reforestation offset projects, which must be registered with an Early Action Offset Program but might not have been issued early action offset credits, and is in good standing with the Early Action Offset Program.
“Early Action Reporting Period” means a reporting period in which GHG reductions and/or GHG removal enhancements are reported under an Early Action Offset Program.
“Electric Arc Furnace” or “EAF” means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes. Furnaces that continuously feed direct-reduced iron ore pellets as the primary source of iron are not affected facilities within the scope of this definition.
“Electrical Distribution Utility(ies)” or “EDU” means an entity that owns and/or operates an electrical distribution system, including: 1) a public utility as defined in the Public Utilities Code section 216 (referred to as an Investor Owned Utility or IOU); or 2) a local publicly owned electric utility (POU) as defined in Public Utilities Code section 224.3 or 3) an Electrical Cooperative (COOP) as defined in Public Utilities Code section 2776, that provides electricity to retail end users in California.
“Electricity Generating Facility” means a facility that generates electricity and includes one or more generating units at the same location.
“Electricity Importers” deliver imported electricity. For electricity that is scheduled with a NERC e-Tag to a final point of delivery inside the state of California, the electricity importer is identified on the NERC e-Tag as the purchasing-selling entity (PSE) on the last segment of the tag's physical path with the point of receipt located outside the state of California and the point of delivery located inside the state of California. For facilities physically located outside the state of California with the first point of interconnection to a California balancing authority's transmission and distribution system when the electricity is not scheduled on a NERC e-Tag, the importer is the facility operator or scheduling coordinator. Federal and state agencies are subject to the regulatory authority of ARB under this article, and include Western Area Power Administration (WAPA), Bonneville Power Administration (BPA) and California Department of Water Resources (DWR). For electricity that is imported into California through the CAISO Energy Imbalance Market, the electricity importer is identified as the EIM Participating Resource Scheduling Coordinator serving the EIM market whose transactions result in electricity imports into California.
“Electric Power Entity” shall have the same meaning ascribed in section 95102(a) of MRR.
“Eligible Renewable Energy Resource” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
“Emissions” means the release of greenhouse gases into the atmosphere from sources and processes in a facility, including from the combustion of transportation fuels such as natural gas, petroleum products, and natural gas liquids. In the context of offsets, “emissions” means the release of greenhouse gases into the atmosphere from sources and processes within an offset project boundary.
“Emissions Data Report” or “greenhouse gas emissions data report” or “report” means the report prepared by an operator or supplier each year and submitted by electronic means to ARB that provides the information required by MRR. The emissions data 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 2013 emissions data report would cover emissions and product data for the 2013 calendar year and would be reported in 2014.
“Emissions Efficiency Benchmark” or “GHG emissions efficiency benchmark” means a performance standard used to evaluate GHG emissions efficiency between and amongst similar facilities or operations in the same industrial sector.
“Emulsion” means a mixture of water, crude oil, associated gas, and other components from the oil extraction process that is transferred from an existing platform that is permanently affixed to the ocean floor and that is located outside the distance specified in the “offshore” definition in section 95102 of MRR, to an onshore petroleum and natural gas production facility.
“End User” means a final purchaser of an energy product, such as electricity, thermal energy, or natural gas not for the purposes of retransmission or resale. In the context of natural gas consumption, an “end user” is the point to which natural gas is delivered for consumption.
“Energy Imbalance Market” or “EIM” means the operation of the CAISO's real time market to manage transmission congestion and optimize procurement of energy to balance supply and demand for the combined CAISO and EIM footprint.
“Energy Imbalance Market Outstanding Emissions” or “EIM Outstanding Emissions” shall have the same meaning as MRR section 95111(h)(1).
“Energy Imbalance Market Participating Resource Scheduling Coordinator” or “EIM Participating Resource Scheduling Coordinator” means the participating resource owner or operator, or a third-party designated by the resource owner or operator, that is certified by the CAISO and enters into the pro forma EIM Participating Resource Scheduling Coordinator Agreement, under which it is responsible for meeting the requirements specified in the CAISO Tariff on behalf of the resource owner or operator.
“Energy Imbalance Market Purchaser” or “EIM Purchaser” means, for a given data year, an electrical distribution utility that directly or indirectly purchases any electricity through the EIM to serve California load in the data year and receives allowance allocation in the subsequent year pursuant to section 95892. An electrical distribution utility is considered to have purchased electricity through the EIM in a given data year if, during any 5-minute interval in the data year, the electrical distribution utility serves California load through imbalance energy purchased directly from the CAISO market. An electrical distribution utility is considered to have purchased electricity through the EIM in a given data year if, during any 5-minute interval in the data year, the electrical distribution utility participates in CAISO markets indirectly through a CAISO scheduling coordinator that meets any part of the electrical distribution utility's California load with imbalance energy.
“Energy Imbalance Market Purchaser Emissions” or “EIM Purchaser Emissions” shall have the same meaning as MRR section 95111(h)(2).
“Enforceable” means the authority for ARB to hold a particular party liable and to take appropriate action if any of the provisions of this article are violated.
“Enhanced Oil Recovery” or “EOR” means the use of certain methods such as steam (thermal EOR), water flooding or gas injection into existing wells to increase the recovery of crude oil from a reservoir. In the context of this rule, EOR also applies to injection of critical phase carbon dioxide into a crude oil reservoir to enhance the recovery of oil.
“Enterer” means an entity that imports, into California, motor vehicle fuel, diesel fuel, fuel ethanol, biodiesel, or non-exempt biomass-derived fuel or renewable fuel and who is the importer of record under federal customs law or the owner of fuel upon import into California, if the fuel is not subject to federal customs law. Only enterers that import the fuels specified in this definition outside the bulk transfer/terminal system are subject to reporting under the regulation.
“Entity” means a person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or government agency.
“Entity type” means the type of entity based on the qualification to register in the tracking system as a covered entity (pursuant to section 95811), an opt-in covered entity (pursuant to section 95813), or a voluntarily associated entity (pursuant to section 95814).
“Environmental Impact Assessment” means a detailed public disclosure statement of potential environmental and socioeconomic impacts associated with a proposed project. Such disclosure is a matter of public record and provides detailed information to public agencies and the general public about the effect that a proposed project is likely to have on the environment and ways in which the significant effects of such a project might be minimized, and to indicate alternatives to such a project.
“Environmental Stringency” means, for purposes of this article, the ability of the California Cap-and-Trade Program to deliver the GHG emission reductions contemplated by this article, including the allowance budgets established in this article.
“Exchange” means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades.
“Executive Officer” means the Executive Officer of the California Air Resources Board, or his or her delegate.
“Expected Settlement Date” is a date specified in a transaction agreement on which all requirements in the transaction agreement are expected to be settled, exclusive of any contingencies specified in the agreement.
“Expected Termination Date” is a date specified in a transaction agreement on which all requirements in the transaction agreement are expected to be completed, exclusive of any contingencies specified in the agreement.
“Exported Electricity” shall have the same meaning ascribed in section 95102(a) of MRR.
“External Greenhouse Gas Emissions Trading System” or “External GHG ETS” means an administrative system, other than the California Cap-and-Trade Program, that controls greenhouse gas emissions from sources in its program.
“Facility,” unless otherwise specified in relation to natural gas distribution facilities and onshore petroleum and natural gas production facilities as defined in section 95802(a), means:
Any physical property, plant, building, structure, source, or stationary equipment 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, that emits or may emit any greenhouse gas. 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.
With respect to natural gas distribution for the purposes of sections 95150 through 95158 of MRR, “Facility” means the collection of all distribution pipelines and metering-regulating stations that are operated by a Local Distribution Company (LDC) within the State of California that is regulated as a separate operating company by a public utility commission or that are operated as an independent municipally-owned distribution system.
With respect to onshore petroleum and natural gas production for the purposes of sections 95150 through 95158 of MRR, “Facility” means all petroleum and natural gas equipment on a well-pad, or associated with a well pad or to which emulsion is transferred and CO2 EOR operations that are under common ownership or common control including leased, rented, or contracted activities by an onshore petroleum and natural gas production owner or operator and that are located in a single hydrocarbon basin as defined in section 95102(a) of MRR. When a commonly owned cogeneration plant is within the basin, the cogeneration plant is only considered part of the onshore petroleum and natural gas production facility if the onshore petroleum and natural gas production facility operator or owner has a greater than fifty percent ownership share in the cogeneration plant. Where a person or entity owns or operates more than one well in a basin, then all onshore petroleum and natural gas production equipment associated with all wells that the person or entity owns or operates in the basin would be considered one facility. Onshore natural gas processing equipment that is owned and/or operated by the facility owner/operator and located within the same basin, is considered “associated with a well pad” and is included with the onshore petroleum and natural gas production facility, unless such equipment is required to be reported as part of a separate onshore petroleum and natural gas processing facility.
With respect to onshore natural gas processing, “Facility” means equipment associated with the separation of natural gas liquids (NGLs) or non-methane gases from produced natural gas, including separation of sulfur and carbon dioxide, that processes an annual average throughput of 25 MMscf per day or greater, or whose owner/operator does not also own/operate a production facility in the same basin.
“Fiberglass Pulled” means the quantity of glass removed from the melting furnace in the fiberglass manufacturing process where “Fiberglass” is defined as insulation products for thermal, acoustic, and fire applications manufactured using glass.
“Final Point of Delivery” means the sink specified on the NERC e-Tag, where defined points have been established through the NERC Registry. When NERC e-Tags are not used to document electricity deliveries, as may be the case within a balancing authority, the final point of delivery is the location of the load. Exported electricity is disaggregated by the final point of delivery on the NERC e-Tag.
“First Deliverer of Electricity” or “First Deliverer” means the owner or operator of an electricity generating facility in California, or an electricity importer.
“First Point of Receipt” means the generation source specified on the NERC e-Tag, where defined points have been established through the NERC Registry. When NERC e-Tags are not used to document electricity deliveries, as may be the case within a balancing authority, the first point of receipt is the location of the individual generating facility or unit, or group of generating facilities or units. Imported electricity and wheeled electricity are disaggregated by the first point of receipt on the NERC e-Tag.
“Flash Point” of a volatile liquid is the lowest temperature at which it can vaporize to form an ignitable mixture in air.
“Flat Glass Pulled” means the quantity of glass removed from the melting furnace in the flat glass manufacturing process where “flat glass” is defined as glass initially manufactured in a sheet form.
“Flavored Almonds” means pasteurized almond meats that are introduced to the flavoring process. Flavoring occurs when almonds are passed through a seasoning mixture to add various snack food flavors and then dehydrated to a desired moisture level for packaging.
“Flavored Pistachios” means hulled and dried pistachios that are introduced to the flavoring process. Flavoring occurs when pistachios are passed through a seasoning mixture to add various snack food flavors and then dehydrated to a desired moisture level for packaging. Flavored pistachios may include pistachios hulled and dried internally, or pistachios hulled and dried by other facilities.
“Fluid Milk Product” means a product that meets the definition of milk, skim milk, buttermilk, ultrafiltered milk, or cream.
“Fluorinated Greenhouse Gas” means sulfur hexafluoride (SF6), nitrogen trifluoride (NF3), and any fluorocarbon except for controlled substances as defined at 40 CFR Part 82 (May 10, 1995), subpart A and substances with vapor pressures of less than 1 mm of Hg absolute at 25 C. With these exceptions, “fluorinated GHG” includes any hydrofluorocarbon; any perfluorocarbon; any fully fluorinated linear, branched, or cyclic alkane, ether, tertiary amine, or aminoether; any perfluoropolyether; and any hydrofluoropolyether.
“Fluting” means the center segment of corrugated shipping containers, being faced with linerboard (testliner/kraftliner) on both sides. Fluting covers mainly papers made from recycled fiber but this group also holds paperboard that is made from chemical and semichemical pulp.
“Forest Buffer Account” means a holding account for ARB offset credits issued to forest offset projects. It is used as a general insurance mechanism against unintentional reversals, for all forest offset projects listed under a Compliance Offset Protocol.
“Forest Offset Project” means an offset project that uses or has used either the offset protocols identified in section 97973(a)(2)(C)4. or one of the Climate Action Reserve Forest Project Protocols identified as offset quantification methodologies in the definition of the Program for Recognition of Early Action Offset Credits in section 95802(a).
“Forest Owner” means the owner of any interest in the real (as opposed to personal) property involved in a forest offset project, excluding government agency third party beneficiaries of conservation easements. Generally, a Forest Owner is the owner in fee of the real property involved in a forest offset project. In some cases, one entity may be the owner in fee while another entity may have an interest in the trees or the timber on the property, in which case all entities or individuals with interest in the real property are collectively considered the Forest Owners, however, a single Forest Owner must be identified as the Offset Project Operator.
“Fossil Fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
“Fractionates” means the process of separating natural gas liquids into their constituent liquid products.
“Freshwater diatomite filter aids” means inorganic mineral powders derived by processing freshwater diatomite which is fossilized single-celled algae found in lake beds. Filter aids are used in combination with filtration hardware to enhance filtration performance to separate unwanted solids from fluids.
“Fried potato chip” means a thin slice of potato that is deep fried until crunchy.
“Fuel” means solid, liquid, or gaseous combustible material. Volatile organic compounds burned in destruction devices are not fuels unless they can sustain combustion without use of a pilot fuel, and such destruction does not result in a commercially useful end product.
“Fuel Analytical Data” means data collected about fuel usage (including mass, volume, and flow rate) and fuel characteristics (including heating value, carbon content, and molecular weight) to support emissions calculation.
“Fuel Cell” means a device that converts the chemical energy of a fuel and an oxidant directly into electrical energy without using combustion. Fuel cells require a continuous source of fuel and oxidant to operate.
“Fuel supplier” means a supplier of petroleum products, a supplier of biomass-derived transportation fuels, a supplier of natural gas including operators of interstate and intrastate pipelines, a supplier of liquefied natural gas, or a supplier of liquefied petroleum gas as specified in MRR.
“Fugitive Emissions” means those emissions which are unintentional and could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
“Full Offset Verification” means, for the purposes of this article, offset verification services that meet all the requirements of sections 95977.1 and 95977.2, including a site visit.
“Galvanized Steel Sheet” means steel coated with a thin layer of zinc to provide corrosion resistance for such products as garbage cans, storage tanks, or framing for buildings. Sheet steel normally must be cold-rolled prior to the galvanizing stage.
“Gas” means the state of matter distinguished from the solid and liquid states by: relatively low density and viscosity; relatively great expansion and contraction with changes in pressure and temperature; the ability to diffuse readily; and the spontaneous tendency to become distributed uniformly throughout any container.
“Gaseous Hydrogen” means hydrogen in a gaseous state.
“Geologic Sequestration” means the process of injecting CO2 captured from an emissions source into deep subsurface rock formations for permanent storage.
“Global Warming Potential” or “GWP” means the ratio of the time-integrated radiative forcing from the instantaneous release of one kilogram of a trace substance relative to that of one kilogram of a reference gas, i.e., CO2.
“Granulated refined sugar” means white refined sugar (99.9% sucrose), made by dissolving and purifying raw sugar then drying it to prevent clumping.
“Grape Juice concentrate” means the liquid from crushed grapes, from the botanical genus Vitas, processed to remove water.
“Grape seed extract” means the extract from grape seeds containing concentrations of proanthocyanidin.
“Greenhouse Gas” or “GHG” means carbon dioxide (CO2), methane (CH4), nitrogen trifluoride (NF3), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other fluorinated greenhouse gases as defined in this section.
“Greenhouse Gas Emission Reduction” or “GHG Emission Reduction” or “Greenhouse Gas Reduction” or “GHG Reduction” means a calculated decrease in GHG emissions relative to a project baseline over a specified period of time.
“Greenhouse Gas Emissions Source” or “GHG Emissions Source” means, in the context of offset credits, any type of emitting activity that releases greenhouse gases into the atmosphere.
“Greenhouse Gas Removal” or “GHG Removal” means the calculated total mass of a GHG removed from the atmosphere over a specified period of time.
“Greenhouse Gas Removal Enhancement” or “GHG Removal Enhancement” means a calculated increase in GHG removals relative to a project baseline.
“Greenhouse Gas Reservoir” or “GHG Reservoir” means a physical unit or component of the biosphere, geosphere, or hydrosphere with the capability to store, accumulate, or release a GHG removed from the atmosphere by a GHG sink or a GHG captured from a GHG emission source.
“Greenhouse Gas Sink” or “GHG Sink” means a physical unit or process that removes a GHG from the atmosphere.
“Gypsum” means a mineral with the chemical formula CaSO4·2H2O.
“HD-5” or “Special Duty Propane” has the same meaning as contained in MRR.
“HD-10” has the same meaning as contained in MRR.
“Hold” in the context of a compliance instrument, is to have the serial number assigned to that instrument registered into an account assigned to an entity that is registered into the California Cap-and-Trade Program or an External Greenhouse Gas Emissions Trading System to which California has linked its Cap-and-Trade Program pursuant to subarticle 12, or an account under the control of the Executive Officer.
“Holding Account” or “General Holding Account” means an account created for each covered entity, opt-in covered entity, or voluntarily associated entity to hold compliance instruments.
“Horsepower Tested” means the total horsepower of all turbine and generator set units tested prior to sale.
“Hot Rolled Steel Sheet” means steel produced from the rolling mill that reduces a hot slab into a coil of specified thickness at a relatively high temperature.
“Hydrocarbon” means a chemical compound containing predominantly carbon and hydrogen.
“Hydrofluorocarbon” or “HFC” means a class of GHGs consisting of hydrogen, fluorine, and carbon.
“Hydrogen” means diatomic molecular hydrogen, the lightest of all gases.
“Imported Electricity” means electricity generated outside the state of California and delivered to serve load located inside the state of California. Imported electricity includes electricity delivered across balancing authority areas from a first point of receipt located outside the state of California, to the first point of delivery located inside the state of California, having a final point of delivery in California. Imported electricity includes electricity imported into California over a multi-jurisdictional retail provider's transmission and distribution system, or electricity imported into the state of California from a facility or unit physically located outside the state of California with the first point of interconnection into a California balancing authority's transmission and distribution system. Imported electricity includes electricity that is a result of cogeneration located outside the state of California. Imported electricity does not include electricity wheeled through California, defined pursuant to MRR section 95102(a). Imported electricity does not include electricity imported into the CAISO balancing authority area to serve retail customers that are located within the CAISO balancing authority area, but outside the state of California. Imported Electricity does not include electricity imported into California by an Independent System Operator to obtain or provide emergency assistance under applicable emergency preparedness and operations reliability standards of the North American Electric Reliability Corporation or Western Electricity Coordinating Council. Imported electricity shall include Energy Imbalance Market (EIM) dispatches designated by the CAISO's optimization model and reported by the CAISO to EIM Participating Resource Scheduling Coordinators as electricity imported to serve retail customers load that is located within the state of California.
“Importer of fuel” means an entity that imports fuel into California and who is the importer of record under federal customs law. For imported fuel not subject to federal customs law, the “importer of fuel” is the owner of the fuel upon its entering into California if the eventual transfer of ownership of the product to an end user or marketer located in California occurs at a location inside California. However, where the transfer of ownership of the product fuel to a California end user or marketer occurs at a location outside of California, the “importer of fuel” is the producer, marketer, or distributor that is the seller of the fuel to the end user or marketer located inside California. Pursuant to section 95122, only importers of liquefied petroleum gas, compressed natural gas, and liquefied natural gas are subject to reporting as an importer of fuel.
“Initial Crediting Period” means the crediting period that begins with the first day of the first reporting period which receives a Positive Offset or Qualified Positive Offset Verification Statement and has that Offset Verification Statement approved by ARB.
“Intentional Reversal” means any reversal, except as provided below, which is caused by a forest owner's negligence, gross negligence, or willful intent, including harvesting, development, and harm to the area within the offset project boundary, or caused by approved growth models overestimating carbon stocks. A reversal caused by an intentional back burn set by, or at the request of, a local, state, or federal fire protection agency for the purpose of protecting forestlands from an advancing wildfire that began on another property through no negligence, gross negligence, or willful misconduct of the forest owner is not considered an intentional reversal but, rather, an unintentional reversal. Receiving Adverse Offset Verification Statements on two consecutive offset verifications after the end of the final crediting period will be considered an intentional reversal.
“Intermediate dairy ingredients” means intermediate (non-final) dairy products imported from other dairy facilities that enter the rehydrating process, which uses water and heat to manufacture powdered milk products.
“Intermittent bleed pneumatic devices” means automated flow control devices powered by pressurized natural gas and used for automatically maintaining a process condition such as liquid level, pressure, delta-pressure and temperature. These are snap-acting or throttling devices that discharge all or a portion of the full volume of the actuator intermittently when control action is necessary, but do not bleed continuously. Intermittent bleed devices which bleed at a cumulative rate of 6 standard cubic feet per hour or greater are considered high bleed devices for the purposes of this Regulation.
“Interstate Pipeline” means any entity that owns or operates a natural gas pipeline delivering natural gas to consumers in the state and is subject to rate regulation by the Federal Energy Regulatory Commission.
“Intrastate Pipeline” means any pipeline or piping system wholly within the State of California that is delivering natural gas to end-users and is not regulated as a public utility gas corporation by the California Public Utility Commission (CPUC), is not a publicly owned natural gas utility, and is not regulated as an interstate pipeline by the Federal Energy Regulatory Commission. This definition includes onshore petroleum and natural gas production facilities and natural gas processing facilities, as defined by sections 95150(a)(2)-(3) of MRR, that deliver pipeline and/or non-pipeline quality natural gas to one or more end users. Facility operators that operate an interconnection pipeline that connects their facility to an interstate pipeline, or that share an interconnection pipeline to an interstate pipeline with other nearby facilities, are not considered intrastate pipeline operators. Facilities that receive gas from an upstream LDC and redeliver a portion of the gas to one or more adjacent facilities are not considered intrastate pipelines.
“Inventory Position” means a contractual agreement with the terminal operator for the use of the storage facilities and terminaling services for the fuel.
“Issue” or “Issuance” means, in the context of offset credits, the creation of ARB offset credits or registry offset credits equivalent to the number of verified GHG reductions or GHG removal enhancements for an offset project over a specified period of time. In the context of allowances, issue means the placement of an allowance into an account under the control of the Executive Officer.
“Joint Powers Authority” or “JPA” means an public agency that is formed and created pursuant to the provisions of Government Code sections 6500. et seq.
“Kerosene” is a light petroleum distillate with a maximum distillation temperature of 400 °F at the 10-percent recovery point, a final maximum boiling point of 572 °F, a minimum flash point of 100 °F, and a maximum freezing point of -22 °F. Included are No. 1-K and No. 2-K, distinguished by maximum sulfur content (0.04 and 0.30 percent of total mass, respectively), as well as all other grades of kerosene called range or stove oil. Kerosene does not include kerosene-type jet fuel.
“Kerosene-Type Jet Fuel” means a kerosene-based product used in commercial and military turbojet and turboprop aircraft. The product has a maximum distillation temperature of 400 °F at the 10 percent recovery point and a final maximum boiling point of 572 °F. Included are Jet A, Jet A-1, JP-5, and JP-8.
“Lactose” means a white to creamy white crystalline product, possessing a mildly sweet taste. It may be anhydrous, contain one molecule of water of hydration, or be a mixture of both forms.
“Lager beer” means beer produced with bottom fermenting yeast strains, Saccharomyces uvarum (or carlsbergensis) at colder fermentation temperatures than ales.
“Lead and lead alloys” means lead or the metal alloy that combines lead and other elements such as antimony, selenium, arsenic, copper, tin, or calcium.
“Lead Verifier” means, for purposes of this article, a person that has met all of the requirements in section 95132(b)(2) of MRR and who may act as the lead verifier of an offset verification team providing offset verification services or as a lead verifier providing an independent review of offset verification services rendered.
“Lead Verifier Independent Reviewer” or “Independent Reviewer” means, for purposes of this article, a lead verifier within a verification body who has not participated in conducting offset verification services for an Offset Project Developer or Authorized Project Designee for the current Offset Project Data Report and who provides an independent review of offset verification services rendered for an Offset Project Developer or Authorized Project Designee as required in section 95977.1(b)(3)(R). The independent reviewer is not required to also meet the requirements for a sector specific or offset project specific verifier.
“Legacy Contract” means a written contract or tolling agreement, originally executed prior to September 1, 2006, governing the sale of electricity and/or legacy contract qualified thermal output at a price, determined by either a fixed price or price formula, that does not provide for recovery of the costs associated with compliance with this regulation; the originally executed contract or agreement must have remained in effect and must not have been amended since September 1, 2006 to change or affect the terms governing the California greenhouse gas emissions responsibility, price, or amount of electricity or legacy contract qualified thermal output sold, or the expiration date. For purposes of this regulation, legacy contracts exclude contracts that have been amended to include a Legacy PPA Amendment, as defined in the Combined Heat and Power Program Settlement Agreement Term Sheet pursuant to CPUC Decision 10-12-035, with a privately owned utility as defined in the Public Utilities Code section 216 (referred to as an Investor Owned Utility or IOU). This definition of a “Legacy Contract” does not apply to opt-in covered entities.
“Legacy Contract Counterparty” means an entity that has been identified, pursuant to section 95894, and may also be identified under industrial allocation pursuant to Table 8-1 to receive an allowance allocation, and has a contract to purchase legacy contract qualified thermal output and/or electricity from a legacy contract generator with an industrial counterparty, or from a legacy contract generator without an industrial counterparty, determined by the Executive Officer pursuant to section 95894(b) to be eligible for transition assistance under section 95894.
“Legacy Contract Emissions” means the covered emissions calculated, based on a positive or qualified positive emissions data verification statement issued pursuant to MRR, by the legacy contract generator with an industrial counterparty or legacy contract generator without an industrial counterparty, that are a result of either electricity and/or legacy contract qualified thermal output sold to a legacy contract counterparty, and calculated pursuant to section 95894 of this regulation.
“Legacy Contract Generator with an Industrial Counterparty” means a covered entity that generates and sells electricity, thermal energy, or both, subject to a legacy contract with a legacy contract counterparty that is identified as eligible for allowance allocation pursuant to section 95891.
“Legacy Contract Generator without an Industrial Counterparty” means a covered entity that generates and sells electricity, thermal energy, or both, subject to a legacy contract, and does not also sell electricity or thermal energy under the legacy contract to a covered entity eligible for allowance allocation pursuant to section 95891.
“Legacy Contract Qualified Thermal Output” means thermal energy that is sold to a legacy contract counterparty, and reported pursuant to MRR.
“Less Intensive Verification” means, for the purposes of this article, the offset verification services provided in interim years between full offset verifications of an Offset Project Data Report; less intensive verification of an Offset Project Data Report only requires data checks and document reviews of an Offset Project Data Report based on the analysis and risk assessment in the most current sampling plan developed as part of the most recent full offset verification services. This level of verification may only be used if the offset verifier can provide findings with a reasonable level of assurance.
“Limited Use Holding Account” means an account in which allowances are placed after an entity qualifies for a direct allocation under section 95890(b) or 95890(f). Allowances placed in this account can only be removed for consignment to the auction pursuant to section 95831(a)(3).
“Linkage” means the approval of compliance instruments from an external greenhouse gas emission trading system (GHG ETS) to meet compliance obligations under this article, and the reciprocal approval of compliance instruments issued by California to meet compliance obligation in an external GHG ETS.
“Liquefied natural gas” or “LNG” means natural gas (primarily methane) that has been liquefied by reducing its temperature to -260 degrees Fahrenheit at atmospheric pressure.
“Liquefied Petroleum Gas” or “LPG” means a flammable mixture of hydrocarbon gases used as a fuel. LPG is primarily mixtures of propane, butane, propene (propylene) and ethane. The most common specification categories are propane grades, HD-5, HD-10, and commercial grade propane. LPG also includes both odorized and non-odorized liquid petroleum gas, and is also referred to as propane.
“Liquid Color Concentrate” means a fluid extract from fruits and/or vegetables reduced by driving off water that has the purpose of altering the color of materials and/or food.
“Liquid Hydrogen” means hydrogen in a liquid state.
“Lobbying” for the purposes of sections 95892(d)(7) and 95893(d)(7) means communicating directly or through an agent with any federal or State elected official, agency official, or legislative official for the purpose of influencing legislative or administrative action.
“Long-Term Contract” means a contract for the delivery of electricity entered into before January 1, 2006, for the term of five years or more.
“Low-bleed pneumatic devices” means automated flow control devices powered by pressurized natural gas and used for maintaining a process condition such as liquid level, pressure, delta-pressure and temperature. Part of the gas power stream that is regulated by the process condition flows to a valve actuator controller where it vents continuously or intermittently bleeds to the atmosphere at a rate equal to or less than six standard cubic feet per hour.
“Mandatory Reporting Regulation” or “MRR” means ARB's Regulation for the Mandatory Reporting of Greenhouse Gas Emissions as set forth in title 17, California Code of Regulations, chapter 1, subchapter 10, article 2 (commencing with section 95100).
“Market Index” means any published index of quantities or prices based on results of market transactions.
“Market-Shifting Leakage,” in the context of an offset project, means increased GHG emissions or decreased GHG removals outside an offset project's boundary due to the effects of an offset project on an established market for goods or services.
“Marketer” means a purchasing-selling entity that delivers electricity and is not a retail provider.
“Methane” or “CH4” means a GHG consisting on the molecular level of a single carbon atom and four hydrogen atoms.
“Metric Ton” or “MT” means a common international measurement for mass, equivalent to 2,204.6 pounds or 1.1 short tons.
“Milk” means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultrapasteurized, and shall contain not less than 8 ¼ percent milk solids not fat and not less than 3 ¼ percent milkfat. Milk may have been adjusted by separating part of the milkfat from, or by adding cream to, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may be homogenized.
“Milk Powder (high heat)” means milk powder obtained by removing water from pasteurized milk. It contains no more than 5% moisture (by weight) and includes undenatured whey protein nitrogen content less than 1.5 mg/g powder. This definition is in effect as of January 1, 2018.
“Milk Powder (low heat)” means milk powder obtained by removing water from pasteurized milk. It contains no more than 5% moisture (by weight) and includes undenatured whey protein nitrogen content greater than or equal to 6 mg/g powder. This definition is in effect as of January 1, 2018.
“Milk Powder (medium heat)” means milk powder obtained by removing water from pasteurized milk. It contains no more than 5% moisture (by weight) and includes undenatured whey protein nitrogen content greater than or equal to 1.5 mg/g powder and less than 6 mg/g powder. This definition is in effect as of January 1, 2018.
“Monitoring” means, in the context of offset projects, the ongoing collection and archiving of all relevant and required data for determining the project baseline, project emissions, and quantifying GHG reductions or GHG removal enhancements that are attributable to the offset project.
“Multi-Jurisdictional Retail Provider” means a retail provider that provides electricity to consumers in California and in one or more other states in a contiguous service territory or from a common power system.
“Municipal Solid Waste” or “MSW” means solid-phase household, commercial/retail, and/or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, non-manufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by non-manufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. Household, commercial/retail, and institutional wastes include yard waste, refuse-derived fuel, and motor vehicle maintenance materials. Insofar as there is separate collection, processing, and disposal of industrial source waste streams consisting of used oil, wood pallets, construction, renovation, and demolition wastes (which includes, but is not limited to, railroad ties and telephone poles), paper, clean wood, plastics, industrial process or manufacturing wastes, medical waste, motor vehicle parts or vehicle fluff, or used tires that do not contain hazardous waste identified or listed under 42 U.S.C. § 6921, such wastes are not municipal solid waste. However, such wastes qualify as municipal solid waste where they are collected with other municipal solid waste or are otherwise combined with other municipal solid waste for processing and/or disposal.
“Natural Gas” means a naturally occurring mixture or process derivative of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth's surface, of which its constituents include methane, heavier hydrocarbons, and carbon dioxide. Natural gas may be field quality (which varies widely) or pipeline quality. For the purposes of this rule, the definition of natural gas includes similarly constituted fuels such as field production gas, process gas, and fuel gas.
“Natural Gas Liquids” or “NGLs”, means those hydrocarbons in natural gas that are separated from the gas as liquids through the process of absorption, condensation, adsorption, or other methods. Natural gas liquids can be classified according to their vapor pressures as low (condensate), intermediate (natural gasoline), and high (liquefied petroleum gas) vapor pressure. Generally, such liquids consist of ethane, propane, butanes, pentanes and higher molecular weight hydrocarbons. Bulk NGLs refers to mixtures of NGLs that are sold or delivered as undifferentiated product from natural gas processing plants.
“Natural gas supplier” or “supplier of natural gas” means any entity that distributes or uses natural gas in California and is described below:
(A) A public utility gas corporation operating in California;
(B) A publicly owned natural gas utility operating in California; or
(C) The operator of an intrastate pipeline not included in section 95811(c)(1) or section 95811(c)(2) that distributes natural gas directly to end users. For the purposes of this article, an interstate pipeline is not a natural gas supplier.
“NERC e-tag” means North American Electric Reliability Corporation (NERC) energy tag representing transactions on the North American bulk electricity market scheduled to flow between or across balancing authority areas.
“Nitric Acid” means HNO3 of 100 percent purity.
“Nonfat dry milk and skimmed milk powder (high heat)” means milk powder obtained by removing water from pasteurized skim milk. It contains no more than 5% moisture (by weight) and no more than 1.5% milkfat (by weight). It is derived from cumulative heat treatment of 88 °C for 30 minutes and includes undenatured whey protein nitrogen content equal to or less than 1.5 mg/g powder. This definition is only in effect through December 31, 2017.
“Nonfat dry milk and skimmed milk powder (low heat)” means milk powder obtained by removing water from pasteurized skim milk. It contains no more than 5% moisture (by weight) and no more than 1.5% milkfat (by weight). It is derived from cumulative heat treatment of milk no higher than 70 °C for 2 minutes and includes undenatured whey protein nitrogen content equal to or greater than 6 mg/g powder. This definition is only in effect through December 31, 2017.
“Nonfat dry milk and skimmed milk powder (medium heat)” means milk powder obtained by removing water from pasteurized skim milk. It contains no more than 5% moisture (by weight) and no more than 1.5% milkfat (by weight). It is derived from cumulative heat treatment of 70-78 °C for 20 minutes and includes undenatured whey protein nitrogen content equal to or greater than 1.51 mg/g powder up to 5.99 mg/g powder. This definition is only in effect through December 31, 2017.
“Non-Aseptic tomato juice” means tomato juice packaged using methods other than aseptic preparation.
“Non-Aseptic tomato paste and tomato puree” means the sum of tomato paste and tomato puree packaged using methods other than aseptic preparation. Non-Aseptic paste and puree is normalized to 24% tomato soluble solids. Non-Aseptic Paste and puree normalized to 24% TSS = (%TSS - raw TSS)/(24 - raw TSS).
“Non-Aseptic whole and diced tomato” means the sum of whole and diced tomatoes packaged using methods other than aseptic preparation.
Sum of Non-Aseptic Whole and Diced Tomatoes = Whole Tomatoes + (Diced Tomatoes x 1.05).
“Non-exempt Biomass derived CO2” means CO2 emissions resulting from the combustion of fuel not listed under section 95852.2(a), or that is not verifiable under section 95131(i) of MRR.
“Non-thermal enhanced oil recovery” or “non-thermal EOR” means the process of using methods other than thermal EOR, which may include water flooding or CO2 injection, to increase the recovery of crude oil from a reservoir.
“Notice of Delegation” means a formal notice used to delegate authority to make an electronic submission to the accounts administrator.
“Offset Material Misstatement” means a discrepancy, omission, misreporting, or aggregation of the three, identified in the course of offset verification services that leads an offset verification team to believe that an Offset Project Data Report contains errors resulting in an overstatement of the reported total GHG emission reductions or GHG removal enhancements greater than 5.00 percent. Discrepancies, omissions, or misreporting, or an aggregation of the three, that result in an understatement of total reported GHG emission reductions or GHG removal enhancements in the Offset Project Data Report is not an offset material misstatement.
“Offset Project” means all equipment, materials, items, or actions that are directly related to or have an impact upon GHG reductions, project emissions, or GHG removal enhancements within the offset project boundary.
“Offset Project Boundary” is defined by and includes all GHG emission sources, GHG sinks or GHG reservoirs that are affected by an offset project and under control of the Offset Project Operator or Authorized Project Designee. GHG emissions sources, GHG sinks or GHG reservoirs not under control of the Offset Project Operator or Authorized Project Designee are not included in the offset project boundary.
“Offset Project Commencement” means, unless otherwise specified in a Compliance Offset Protocol, the date of the beginning of construction, work, or installation for an offset project involving physical construction, other work at an offset project site, or installation of equipment or materials. For an offset project that involves the implementation of a management activity, “offset project commencement” means, unless otherwise specified in a Compliance Offset Protocol, the date on which such activity is first implemented.
“Offset Project Data Report” means the report prepared by an Offset Project Operator or Authorized Project Designee each Reporting Period that provides the information, documentation, and attestations required by this article or a Compliance Offset Protocol. An unattested report is not a valid Offset Project Data Report, and therefore will not satisfy any deadlines regarding submittal of an Offset Project Data Report.
“Offset Project Listing” or “Listing” means the information, documentation and attestations required by this article or a Compliance Offset Protocol that an Offset Project Operator or Authorized Project Designee has submitted to ARB or an Offset Project Registry, that has been reviewed for completeness by ARB and/or the Offset Project Registry and publicly listed by ARB or the Offset Project Registry for an initial or renewed crediting period. An Offset Project Listing must include the attestations required by this article in order to be considered complete by ARB or the Offset Project Registry.
“Offset Project Operator” means the entity(ies) with legal authority to implement the offset project. Only a Primary Account Representative or Alternate Account Representative, as defined in this article, may sign Listing documents, an Offset Project Data Report, a Request for Issuance, or attestations on behalf of the Offset Project Operator.
“Offset Project Registry” means an entity that meets the requirements of section 95986 and is approved by ARB that lists offset projects, collects Offset Project Data Reports, facilitates verification of Offset Project Data Reports, and issues registry offset credits for offset projects being implemented using a Compliance Offset Protocol.
“Offset Protocol” means a documented set of procedures and requirements to quantify ongoing GHG reductions or GHG removal enhancements achieved by an offset project and calculate the project baseline. Offset protocols specify relevant data collection and monitoring procedures, emission factors, and conservatively account for uncertainty and activity-shifting and market-shifting leakage risks associated with an offset project.
“Offset Verification” means a systematic, independent, and documented process for evaluation of an Offset Project Operator's or Authorized Project Designee's Offset Project Data Report against ARB's Compliance Offset Protocols and this article for calculating and reporting project baseline emissions, project emissions, GHG reductions, and GHG removal enhancements.
“Offset Verification Services” means services provided during offset verification as specified in sections 95977.1 and 95977.2, including reviewing an Offset Project Operator's or Authorized Project Designee's Offset Project Data Report, verifying its accuracy according to the standards specified in this article and applicable Compliance Offset Protocol, assessing the Offset Project Operator's or Authorized Project Designee's compliance with this article and applicable Compliance Offset Protocol, and submitting an Offset Verification Statement to ARB or an Offset Project Registry. For purposes of this article, Offset Verification Services begin with the Planning Meeting and end with the issuance of ARB offset credits, and do not include preliminary planning activities such as scheduling meetings and site visits, or preparing contract documents.
“Offset Verification Statement” means the final statement rendered by a verification body attesting whether an Offset Project Operator's or Authorized Project Designee's Offset Project Data Report is free of an offset material misstatement, and whether the Offset Project Data Report conforms to the requirements of this article and applicable Compliance Offset Protocol, and containing the attestations required pursuant to this article.
“Offset Verification Team” means all of those working for a verification body, including all subcontractors, to provide offset verification services for an Offset Project Operator or Authorized Project Designee.
“On-purpose hydrogen gas” means molecular hydrogen gas produced as a result of a process or processes dedicated to producing hydrogen (e.g., steam methane reforming).
“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, having operational control of a facility, or other entity from which an emissions data report is required under article 2, section 95104, title 17, Greenhouse Gas Emissions Data Report. 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.
“Opt-in Covered Entity” means an entity that meets the requirements of 95811 that does not exceed the inclusion thresholds set forth in section 95812 and may elect to voluntarily opt-in to the Cap-and-Trade Program and be willing to be subject to the requirements set forth in this article.
“Over-the-Counter” means the trading of carbon compliance instruments, contracts, or other instruments not executed or entered for clearing on any exchange.
“Oxidation” means a reaction in which the atoms in an element lose electrons and the valence of the element is correspondingly increased.
“Ozone Depleting Substances” or “ODS” means a compound that contributes to stratospheric ozone depletion.
“Pasteurized Almonds” means raw almond meats that are introduced to the pasteurizing process. Pasteurizing partially sterilizes the almonds to destroy objectionable organisms without major chemical alteration of the almond meats.
“Perfluorocarbons” or “PFCs” means a class of greenhouse gases consisting on the molecular level of carbon and fluorine.
“Permanent” means, in the context of offset credits, either that GHG reductions and GHG removal enhancements are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years.
“Permanent Retirement Registry” means the publicly available registry in which the Executive Officer will record the retired compliance instruments.
“Petroleum” means oil removed from the earth and the oil derived from tar sands, and/or shale.
“Petroleum Refinery” or “Refinery” means any facility engaged in producing gasoline, gasoline blending stocks, naphtha, kerosene, distillate fuel oils, residual fuel oils, lubricants, or asphalt (bitumen) through distillation of petroleum or through re-distillation, cracking, or reforming of unfinished petroleum derivatives. Facilities that distill only pipeline transmix (off-spec material created when different specification products mix during pipeline transportation) are not petroleum refineries, regardless of the products produced.
“Pickled Steel Sheet” means hot rolled steel sheet that is sent through a series of hydrochloric acid baths that remove the oxides, and includes both finished pickled steel, and steel produced by the facility as an intermediate product for further processing.
“Pipeline Quality Natural Gas” means, for the purpose of calculating emissions under MRR, natural gas having a high heat value greater than 970 Btu/scf and equal to or less than 1,100 Btu/scf, and which is at least ninety percent (90%) methane by volume, and which is less than five percent (5%) carbon dioxide by volume.
“Pistachio” means the nuts of the pistachio tree Pistacia vera.
“Plaster” is calcined gypsum that is produced and sold as a finished product and is not used in the production of plasterboard at the same facility.
“Plasterboard” is a panel made of gypsum plaster pressed between two thick sheets of paper.
“Point of Delivery” or “POD” means the point on an electricity transmission or distribution system where a deliverer makes electricity available to a receiver or available to serve load. This point can be an interconnection with another system or a substation where the transmission provider's transmission and distribution systems are connected to another system, or a distribution substation where electricity is imported into California over a multi-jurisdictional retail provider's distribution system.
“Point of Receipt” or “POR” means the point on an electricity transmission or distribution system where an electricity receiver receives electricity from a deliverer. This point can be an interconnection with another system or a substation where the transmission provider's transmission and distribution systems are connected to another system.
“Portable” means designed and capable of being carried or moved from one location to another. Indications of portability include wheels, skids, carrying handles, dolly, trailer, or platform. Equipment is not portable if any one of the following conditions exists: the equipment is attached to a foundation; the equipment or a replacement resides at the same location for more than 12 consecutive months; the equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least two years, and operates at that facility for at least three months each year; or the equipment is moved from one location to another in an attempt to circumvent the portable residence time requirements of this definition.
“Position Holder” means an entity that holds an inventory position in motor vehicle fuel, ethanol, distillate fuel, biodiesel, or renewable diesel as reflected in the records of the terminal operator or a terminal operator that owns motor vehicle fuel or diesel fuel in its terminal. “Position holder” does not include inventory held outside of a terminal, fuel jobbers (unless directly holding inventory at the terminal), retail establishments, or other fuel suppliers not holding inventory at a fuel terminal.
“Positive Emissions Data Verification Statement” means a verification statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the covered emissions data in the submitted emissions data report is free of material misstatement and that the emissions data conforms to the requirements of MRR. For purposes of this definition, ‘material misstatement' shall have the same meaning as ascribed to it in section 95102(a) of MRR.
“Positive Offset Verification Statement” means an Offset Verification Statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the submitted Offset Project Data Report is free of an offset material misstatement and that the Offset Project Data Report conforms to the requirements of this article and applicable Compliance Offset Protocol.
“Positive Product Data Verification Statement” means a verification statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the covered product data in the submitted emissions data report is free of material misstatement and that the product data conforms to the requirements of MRR. For purposes of this definition, ‘material misstatement' shall have the same meaning as ascribed to it in section 95102(a) of MRR.
“Poultry deli product” means the products, including corn dogs, sausages, and franks, that contain a significant portion of pre-processed poultry, that are cooked and sold wholesale or retail, or transferred to other facilities.
“Power” means electricity, except where the context makes clear that another meaning is intended.
“Power contract” shall have the same meaning ascribed in section 95102(a) of MRR.
“Pretzel” is a crisp biscuit made from dough formed into a knot or stick, flavored with salt, passed through a caustic hot water bath and baked in an oven.
“Price Ceiling” means the maximum fixed price at which allowances and price ceiling units would be available for sale to covered entities in the Program, pursuant to section 95915.
“Price Ceiling Account” means the holding account under the control of the Executive Officer in which allowances and price ceiling units would be transferred pursuant to this Article.
“Price Ceiling Unit” means the additional greenhouse gas emission reductions that are offered for sale at the price ceiling. Moneys generated from issuance of price ceiling units will be expended to achieve emission reductions, on at least a metric ton for metric ton basis, that are real, permanent, quantifiable, verifiable, enforceable by the state board and in addition to any greenhouse gas emission reduction otherwise required by law or regulation and any other greenhouse gas emission reduction that otherwise would occur.
“Primary Account Representative” means an individual authorized by a registered entity through the registration process outlined in section 95832 to make submissions to the Executive Officer and the tracking system in all matters pertaining to this article that legally bind the authorizing entity.
“Primary Residence” means the property an individual uses as a residence the majority of the time during the year or as the principal place of abode of the individual's family members. The primary residence may be documented by the address listed on the individual's federal and state tax returns, driver's license, automobile registration, or voter registration card.
“Proceeds” means monies generated as a result of an auction or from sales from the Allowance Price Containment Reserve.
“Process” means the intentional or unintentional reactions between substances or their transformation, including the chemical or electrolytic reduction of metal ores, the thermal decomposition of substances, and the formation of substances for use as product or feedstock.
“Process Emissions” means the emissions from industrial processes (e.g., cement production, ammonia production) involving chemical or physical transformations other than fuel combustion. For example, the calcination of carbonates in a kiln during cement production or the oxidation of methane in an ammonia process results in the release of process CO2 emissions to the atmosphere. Emissions from fuel combustion to provide process heat are not part of process emissions, whether the combustion is internal or external to the process equipment.
“Process Unit” means the equipment assembled and connected by pipes and ducts to process raw materials and to manufacture either a final or intermediate product used in the onsite production of other products. The process unit also includes the purification of recovered byproducts.
“Producer” means a person who owns leases, operates, controls, or supervises a California production facility.
“Product Data Verification Statement” means the final statement rendered by a verification body attesting whether a reporting entity's product data in their covered emissions data report is free of material misstatement, and whether the product data conforms to the requirements of the MRR. For purposes of this definition, ‘material misstatement' shall have the same meaning as ascribed to it in section 95102(a) of MRR.
“Professional Judgment” means the ability to render sound decisions based on professional qualifications and relevant greenhouse gas accounting and auditing experience.
“Program for Recognition of Early Action Offset Credits” means a former program for issuing ARB offset credits to early action offset projects that has ended, but was previously found in subarticle 14 of the Cap-and Trade Regulation as amended effective November 1, 2015. The program included recognition of early action offset credits for the following early action quantification methodologies:
• Climate Action Reserve U.S. Livestock Project Protocol versions 1.0 through 3.0;
• Climate Action Reserve Urban Forest Project Protocol versions 1.0 through 1.1;
• Climate Action Reserve U.S. Ozone Depleting Substances Project Protocol version 1.0;
• Climate Action Reserve Forest Project Protocol versions 2.1 and 3.0 through 3.2, if the early action offset project contributes early action offset credits into a buffer account based on its reversal risk calculated according to the most recent version of the Compliance Offset Protocol in section 95973(a)(2)(C)4;
• Climate Action Reserve Coal Mine Methane Project Protocol versions 1.0 and 1.1;
• Verified Carbon Standard VMR0001 Revisions to ACM0008 to Include Pre-drainage of Methane from an Active Open Cast Mine as a Methane Emission Reduction Activity Methodology, v1.0;
• Verified Carbon Standard VMR0002 Revisions to ACM0008 to Include Methane Capture and Destruction from Abandoned Coal Mines Methodology, v1.0; or
• American Carbon Registry Voluntary Emission Reductions in Rice Management Systems Parent Methodology, version 1.0;
• American Carbon Registry Voluntary Emission Reductions in Rice Management Systems -- California Module, version 1.0; and
• American Carbon Registry Voluntary Emission Reductions in Rice Management Systems -- Mid-South Module, version 1.0.
“Project Area” means the property associated with the geographic boundaries of a forest project, as defined following the requirements of the relevant protocol from section 95973(a)(2)(C)4.
“Project Baseline” means, in the context of a specific offset project, a conservative estimate of business-as-usual GHG emission reductions or GHG removal enhancements for the offset project's GHG emission sources, GHG sinks, or GHG reservoirs within the offset project boundary.
“Project Emissions” means any GHG emissions associated with the implementation of an offset project that must be accounted for in the Offset Project Data Report.
“Proof Gallons” means one liquid gallon of distilled spirits that is 50% alcohol at 60 degrees F.
“Propane” is a paraffinic hydrocarbon with molecular formula C3H8.
“Property Right” means any type of right to specific property whether it is personal or real property, tangible or intangible.
“Protein meal and fat” means meal, feather meal, and fat rendered product from poultry tissues including meat, viscera, bone, blood, and feathers.
“Public Service Facility” means: a facility that is a covered entity or opt-in covered entity owned by a local government as defined in Government Code section 53720(a) that provides steam or chilled water to buildings and facilities owned by the local government, and may also provide steam or electricity to other buildings or to an electrical distribution utility other than the local government; or a covered entity that provides steam or chilled water to a publicly owned university that is an educational facility pursuant to Education Code section 94110(e). Facilities operated by electrical distribution utilities are excluded from this definition.
“Public Utility Gas Corporation” is a gas corporation defined in California Public Utilities Code section 222 that is also a public utility as defined in California Public Utilities Code section 216.
“Publicly Owned Natural Gas Utility” means a municipality or municipal corporation, a municipal utility district, a public utility district, or a joint powers authority that includes one or more of these agencies that furnishes natural gas services to end users.
“Public Wholesale Water Agency” means a covered entity that is owned and operated as a special district, as defined in Statutes of 1960, Ch. 209 (California Water Code appendix § 109), that uses electricity to convey wholesale water supplies and has a compliance obligation during the period 2013 to 2030.
“Purchase Limit” means the maximum percentage of allowances that may be purchased by an entity of a group of affiliated entities at an allowance auction.
“Purchasing-Selling Entity” or “PSE” means the same meaning as ascribed in MRR.
“Qualified Positive Emissions Data Verification Statement” means a statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the covered emissions data in the submitted emissions data report is free of material misstatement and is in conformance with section 95131(b)(9) of MRR, but the emissions data may include one or more other nonconformance(s) with requirements of MRR which do not result in a material misstatement. For purposes of this definition, ‘material misstatement' shall have the same meaning as ascribed to it in section 95102(a) of MRR.
“Qualified Positive Offset Verification Statement” means an Offset Verification Statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the submitted Offset Project Data Report is free of an offset material misstatement, but the Offset Project Data Report may include one or more nonconformance(s) with this article and applicable Compliance Offset Protocol which do not result in an offset material misstatement. Nonconformance, in this context, does not include disregarding the explicit requirements of this article or applicable Compliance Offset Protocol and substituting alternative requirements not approved by the Board.
“Qualified Positive Product Data Verification Statement” means a statement rendered by a verification body attesting that the verification body can say with reasonable assurance that the covered product data in the submitted emissions data report is free of material misstatement and is in conformance with section 95131(b)(9) of MRR, but the product data may include one or more other nonconformance(s) with the requirements of MRR which do not result in a material misstatement.
“Qualified Thermal Output” means the thermal energy generated by a cogeneration unit or district heating facility that is sold to particular end-users and reported pursuant to MRR section 95112(a)(5)(A) and the thermal energy used on-site by industrial processes or operations and heating and cooling operations that is not in support of or a part of the electricity generation or cogeneration system and is reported pursuant to MRR sections 95112(a)(5)(C). Qualified thermal output does not include thermal energy that is vented, radiated, wasted, or discharged before it is utilized at industrial processes or operations, or for a facility with a cogeneration unit, any thermal energy generated by equipment that is not an integral part of the cogeneration unit.
“Quantifiable” means, in the context of offset projects, the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the offset project boundary, while accounting for uncertainty and activity-shifting leakage and market-shifting leakage.
“Quantitative Usage Limit” means a limit on the percentage of an entity's compliance obligation that may be met by surrendering offset credits, sector-based credits, or other compliance instruments designated to be subject to the limit under this article.
“Rack” means a mechanism for delivering motor vehicle fuel or diesel from a refinery or terminal into a truck, trailer, railroad car, or other means of non-bulk transfer.
“Radiative Forcing” means the change in the net vertical irradiance at the atmospheric boundary between the troposphere and the stratosphere due to an internal change or a change in the external forcing of the climate system such as a change in the concentration of carbon dioxide or the output of the Sun.
“Raw TSS” means the average annual percent tomato soluble solids of raw tomatoes to be processed in a tomato processing facility.
“Real” means, in the context of offset projects, that GHG reductions or GHG enhancements result from a demonstrable action or set of actions, and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the offset project boundary and account for uncertainty and the potential for activity-shifting leakage and market-shifting leakage.
“Reasonable Assurance” means a high degree of confidence that submitted data and statements are valid.
“Recycled Boxboard” means containers of solid fiber made from recycled fibers, including cereal boxes, shoe boxes, and protective paper packaging for dry foods. It also includes folding paper cartons, set-up boxes, and similar boxboard products. Recycled boxboard is made from recycled fibers.
“Recycled Linerboard” means types of paperboard made from recycled fibers that meet specific tests adopted by the packaging industry to qualify for use as the outer facing layer for corrugated board, from which shipping containers are made.
“Recycled Medium” means the center segment of corrugated shipping containers, being faced with linerboard on both sides. Recycled medium is made from recycled fibers.
“Reference Level” means the quantity of GHG emission equivalents that have occurred during the normal course of business or activities during a designated period of time within the boundaries of a defined sector and a defined jurisdiction.
“Reformulated Gasoline Blendstock for Oxygenate Blending” or “RBOB” has the same meaning as defined in title 13 of the California Code of Regulations, section 2260(a).
“Register,” in the context of a compliance instrument, means the act of assigning the serial number of a compliance instrument into an account.
“Registrant” or “Registered Entity” means an entity that has completed the process for registration.
“Registry Offset Credit” means a credit issued by an Offset Project Registry for a GHG reduction or GHG removal enhancement of one metric ton of CO2e. The GHG reduction or GHG removal enhancement must be real, additional, quantifiable, permanent, verifiable, and enforceable and may only be issued for offset projects using Compliance Offset Protocols. Pursuant to section 95981.1, ARB may determine that a registry offset credit may be removed, retired, or cancelled from the Offset Project Registry system and issued as an ARB offset credit.
“Registry Services” means all services provided by an ARB approved Offset Project Registry in section 95987.
“Regulatory Compliance” means fulfilling all local, regional, state, and national environmental and health and safety laws and regulations that apply based on the offset project location and that directly apply to the offset project, including as specified in a Compliance Offset Protocol.
“Renewable diesel” means a motor vehicle fuel or fuel additive that is all of the following: registered as a motor vehicle fuel or fuel additive under 40 CFR Part 79; not a mono-alkyl ester; intended for use in engines that are designed to run on conventional diesel fuel; and derived from nonpetroleum renewable resources.
“Renewable Energy” means energy from sources that constantly renew themselves or that are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.
“Renewable Energy Credit” or “REC” has the same meaning as defined in the California Energy Commission's “Renewables Portfolio Standard Eligibility,” 9th edition, Commission Guidebook, pp. 85-86. January, 2017; CEC-300-2016-ED9-CMF-REV, which is hereby incorporated by reference.
“Renewable Liquid Fuels” means fuel ethanol, biomass-based diesel fuel, other renewable diesel fuel and other renewable fuels.
“Reporting Period” means, in the context of offsets, the period of time for which an Offset Project Operator or Authorized Project Designee quantifies and reports GHG reductions or GHG removal enhancements covered in an Offset Project Data Report. An offset project's Reporting Period is established in the project listing documentation, but may be modified by notifying ARB and the OPR (if applicable) in writing or by providing updated listing information with the submittal of the Offset Project Data Report. Modifications to the Reporting Period are only allowed if ARB and the OPR (if applicable) are notified prior to any deadlines being missed. The first reporting period for an offset project in an initial crediting period may consist of 6 to 24 consecutive months; all subsequent reporting periods in an initial crediting period and all reporting periods in any renewed crediting period must consist of 12 consecutive months, with the following exception: 1) Offset projects that submitted a first reporting period in the initial crediting period that was less than 24 consecutive months may include any months not included in the first reporting period in the final reporting period of the initial crediting period, such that the combined duration of the initial and final reporting periods in the initial crediting period do not exceed 36 months total; and 2) Offset projects using a Compliance Offset Protocol in section 95973(a)(2)(C)2 may have one reporting period less than 12 consecutive months to allow the project to transition to a Low Carbon Fuel Standard pathway. For offset projects developed using the Compliance Offset Protocol in section 95973(a)(2)(C)1., there may only be one Reporting Period per offset project. The Reporting Period may not be longer than 12 months and there is no minimum timeframe imposed for the Reporting Period. For offset projects developed using the compliance offset protocol in section 95973(a)(2)(C)6., the Reporting Period is approximately 12 months; it may be less than or exceed 12 months.
“Reporting Year” means data year.
“Request for Issuance” refers to a request submitted by an Offset Project Operator or Authorized Project Designee to ARB seeking issuance of ARB offset credits based on an Offset Project Data Report, pursuant to the requirements of sections 95981 and 95981.1. A Request for Issuance must include the attestations required pursuant to this article.
“Reserve Allowance” means the allowances directly allocated to the Allowance Price Containment Reserve pursuant to sections 95870(a) and 95871(a), or non-vintaged allowances issued by an External Greenhouse Gas Emissions Trading System to which California has linked its Cap-and-Trade Program pursuant to subarticle 12, allocated to a reserve account.
“Reserve Price” see “Auction Reserve Price.” “Reserve Sale Administrator” means the operator of sales from the Allowance Price Containment Reserve account, which may be the Executive Officer or an entity designated by the Executive Officer.
“Resource Shuffling” means any plan, scheme, or artifice undertaken by a First Deliverer of Electricity to substitute electricity deliveries from sources with relatively lower emissions for electricity deliveries from sources with relatively higher emissions to reduce its emissions compliance obligation. Resource shuffling does not include substitution of electricity deliveries from sources with relatively lower emissions for electricity deliveries from sources with relatively higher emissions resources when the substitution occurs pursuant to the conditions listed in section 95852(b)(2)(A).
“Retail Provider” means an entity that provides electricity to retail end users in California and is an electrical corporation as defined in Public Utilities Code section 218, electric service provider as defined in Public Utilities Code section 218.3, local publicly owned electric utility as defined in Public Utilities Code section 224.3, a community choice aggregator as defined in Public Utilities Code section 331.1, or the Western Area Power Administration. For purposes of this article, electrical cooperatives, as defined by Public Utilities Code section 2776, are excluded.
“Retire” or “Retired” or “Retirement” means that the serial number for a compliance instrument is registered into the Retirement Account under the control of the Executive Officer. Compliance instruments registered into this account cannot be removed.
“Reversal” means a GHG emission reduction or GHG removal enhancement for which an ARB offset credit or registry offset credit has been issued that is subsequently released or emitted back into the atmosphere, or that is later determined to have never occurred. A reversal is either intentional or unintentional.
“Salt” means sodium chloride, determined as chloride and calculated as percent sodium chloride, by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed., 1980, sections 32.025 to 32.030, under the heading “Method III (Potentiometric Method).”
“Seamless rolled ring” means a metal product manufactured by punching a hole in a thick, round piece of metal, and then rolling and squeezing (or in some cases, pounding) it into a thin ring. Ring diameters can be anywhere from a few inches to 30 feet.
“Sector” or “Sectoral,” when used in conjunction with sector-based crediting programs, means a group or subgroup of an economic activity, or a group or cross-section of a group of economic activities, within a jurisdiction.
“Sector-Based Crediting Program” is a GHG emissions-reduction crediting mechanism established by a country, region, or subnational jurisdiction in a developing country and covering a particular economic sector within that jurisdiction. A program's performance is based on achievement toward an emissions reduction target for the particular sector within the boundary of the jurisdiction.
“Sector-Based Offset Credit” means a credit issued from a sector-based crediting program once the crediting baseline for a sector has been reached.
“Self-Generation of Electricity” means electricity dedicated to serving an electricity user on the same location as the generator. The system may be operated directly by the electricity user or by an entity with a contractual arrangement.
“Serial Number” means a unique number assigned to each compliance instrument for identification.
“Sequestration” means the removal and storage of carbon from the atmosphere in GHG sinks or GHG reservoirs through physical or biological processes.
“Sink” or “sink to load” or “load sink” means the sink identified on the physical path of NERC e-Tags, where defined point have been established through the NERC Registry. Exported electricity is disaggregated by the sink on the NREC e-Tag, also referred to as the final point of delivery on the NERC e-Tag.
“Skim milk” means the product that results from the complete or partial removal of milk fat from milk.
“Soda Ash Equivalent” means the total mass of all soda ash, biocarb, Sodium Sulfate, Potassium Sulfate, Potassium Chloride, and Sodium Chloride produced. Through December 31, 2017, this definition also includes borax, V-Bor, DECA, PYROBOR, and boric acid.
“Source” means greenhouse gas source; or any physical unit, process, or other use or activity that releases a greenhouse gas into the atmosphere.
“Source of generation” or “generation source” means the generation source identified on the physical path of NERC e-Tags, where defined points have been established through the NERC Registry. Imported electricity and wheels are disaggregated by the source on the NERC e-Tag, also referred to as the first point of receipt.
“Specified Source of Electricity” or “Specified Source” means a facility or unit which is permitted to be claimed as the source of electricity delivered. The reporting entity must have either full or partial ownership in the facility/unit or a written power contract as defined in MRR section 95102(a) to procure electricity generated by that facility/unit. Specified facilities/units include cogeneration systems. Specified source also means electricity procured from an asset-controlling supplier recognized by ARB.
“Stand-Alone-Electricity Generating Facility” has the same meaning in this regulation as in section 95102(a) of MRR.
“Stationary” means neither portable nor self-propelled, and operated at a single facility.
“Steel Produced Using an Electric Arc Furnace” means steel produced by electric arc furnace or “EAF.” EAF means a furnace that produces molten steel and heats the charge materials with electric arcs from carbon electrodes.
“Stucco” means hemihydrate plaster (CaSO4·1/2H2O) produced by heating (“calcining”) raw gypsum, thereby removing three-quarters of its chemically combined water.
“Sulfuric acid regeneration” means a catalytic process in which spent acid is regenerated to concentrated sulfuric acid. The equipment for this process may include the combustor, waste heat boiler, converter, absorber, SO3 recycle, and gas cleaning including electrostatic precipitator and amine regenerator.
“Supplier” means a producer, importer, exporter, position holder, interstate pipeline operator, or local distribution company of a fossil fuel or an industrial greenhouse gas.
“Terminal” means a motor vehicle fuel or diesel fuel storage and distribution facility that is supplied by pipeline or vessel, and from which fuel may be removed at a rack. “Terminal” includes a fuel production facility where motor vehicle or diesel fuel is produced and stored and from which fuel may be removed at a rack.
“Testliner” means types of paperboard that meet specific tests adopted by the packaging industry to qualify for use as the outer facing layer for corrugated board, from which shipping containers are made. Testliner is made primarily from fibers obtained from recycled fibers.
“Thermal enhanced oil recovery” or “thermal EOR” means the process of using injected steam to increase the recovery of crude oil from a reservoir.
“Tin Plate” means thin sheet steel with a very thin coating of metallic tin. Tin plate also includes Tin Free Steel or TFS which has an extremely thin coating of metallic chromium and chromium oxide. Tin plate is used primarily in can making.
“Tomato Juice” is the liquid obtained from mature tomatoes conforming to the characteristics of the fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. Tomato juice may contain salt, lemon juice, sodium bicarbonate, water, spices and/or flavoring. This food shall contain not less than 4.0 percent by weight tomato soluble solids.
“Tomato Paste” is the food prepared from mature tomatoes conforming to the characteristics of the fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. Tomato paste is prepared by concentrating tomato ingredients until the food contains not less than 24.0 percent tomato soluble solids.
“Tomato puree” is the semisolid food prepared from mature tomatoes conforming to the characteristics of the fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. Tomato puree is prepared by concentrating tomato ingredients until the food contains not less than 8.0 percent but less than 24.0 percent tomato soluble solids.
“Tomato soluble solids” (TSS or NTSS) means the sucrose value of raw tomatoes or tomato product. For raw tomatoes, this value shall be determined by the methods prescribed in “Inspection Procedures” (2014) for Soluble Solids Testing -- Digital Refractometer, as published by the Processing Tomato Advisory Board (PTAB), which is hereby incorporated by reference. For the tomato products tomato juice, tomato paste, tomato puree, and whole and diced tomatoes, this value shall be determined by the method prescribed in “Inspection Procedures” (2014) for Soluble Solids Testing -- Digital Refractometer, as published by PTAB, or the “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed., 1980, sections 32.014 to 32.016 and 52.012 (AOAC, 1980), depending on availability. For instances in which no salt has been added, the sucrose value obtained from the referenced tables shall be considered the percent of tomato soluble solids. If salt has been added either intentionally or through the application of the acidified break, determine the percent of such added sodium chloride as specified in the regulation's definition of salt. Subtract the percentage sodium chloride from the percentage of total soluble solids found (sucrose value from the refractive index tables) and multiply the difference by 1.016. The resultant value is considered the percent of “tomato soluble solids.” The centrifuges, centrifuge spin rate, centrifuge spin time, and other lab measurement equipment specified in AOAC (1980) may be exchanged with more modern equipment and measurement procedures where the operator deems necessary. Tomato soluble solids must be rounded to the nearest tenth of a percent of solids.
“Tracking System” means the Compliance Instrument Tracking System Service where ARB compliance instruments are issued, traded, and retired.
“Transaction,” when referring to an arrangement between registered entities regarding compliance instruments, means an understanding among registered entities to transfer the control of a compliance instrument from one entity to another, either immediately or at a later date.
“Transfer” of a compliance instrument means the removal of a compliance instrument from one account and placement into another account.
“Transfer Request” means the communication by an authorized account representative or an alternate authorized account representative to the accounts administrator to register into the tracking system the transfer of allowances between accounts.
“Transferred ARB Project” means an offset project which has been transferred from ARB or one Offset Project Registry, where it was previously listed, to ARB or another Offset Project Registry. The entity to which the offset project is transferred will indicate the applicable offset project status from the following list: “Proposed Project,” “Active ARB Project,” “Active Registry Project,” “Proposed Renewal,” “Active ARB Renewal,” and “Active Registry Renewal.”
“Tribe” means a federally-recognized Indian tribe and any entity created by a federally-recognized Indian Tribe.
“True-up allowance amount” is a quantity of California GHG allowances allocated for changes in production or allocation not properly accounted for in prior allocations pursuant to 95891(b), 95891(c), 95891(c)(2)(B), 95891(f)(1), or 95894(c)-(e).
“Ultrafiltered milk” means raw or pasteurized milk or nonfat milk that is passed over one or more semipermeable membranes to partially remove water, lactose, minerals, and water-soluble vitamins without altering the casein-to-whey protein ratio of the milk or nonfat milk and resulting in a liquid product.
“Unintentional Reversal” means any reversal, including wildfires or disease that is not the result of the forest owner's negligence, gross negligence, or willful intent. Only trees identified as dead or dying, in the post-event inventory, as a result of the wildfire or disease will be removed from the project's inventory and compensated from the Forest Buffer Account minus any salvage harvest accounted for under long-term storage.
“University Covered Entity” means a facility that meets the definition of an educational facility pursuant to Education Code section 94110(e) and is either a covered entity, or opt-in covered entity as of January 1, 2015.
“Unspecified Source of Electricity” or “Unspecified Source” means a source of electricity that is not a specified source at the time of entry into the transaction to procure the electricity.
“Urban Forest Offset Project” means an offset project that uses or has used either the offset protocols identified in section 97973(a)(2)(C)3. or one of the Climate Action Reserve Urban Forest Project Protocols identified as offset quantification methodologies in the definition of the Program for Recognition of Early Action Offset Credits in section 95802(a).
“Vented Emissions” means intentional or designed releases of CH4 or CO2 containing natural gas or hydrocarbon gas (not including stationary combustion flue gas), including process designed flow to the atmosphere through seals or vent pipes, equipment blowdown for maintenance, and direct venting of gas used to power equipment (such as pneumatic devices).
“Verifiable” means that an Offset Project Data Report assertion is well documented and transparent such that it lends itself to an objective review by an accredited verification body.
“Verification Body” means a firm accredited by ARB, which is able to render an offset verification statement and provide offset verification services for Offset Project Operators or Authorized Project Designees subject to providing an Offset Project Data Report under this article.
“Verifier” or “offset verifier” means an individual accredited by ARB to carry out offset verification services as specified in sections 95977.1 and 95977.2.
“Vintage Year” means the budget year to which an individual Californian GHG allowance is assigned pursuant to subarticle 6.
“Volumetric,” with respect to sections 95892 and 95893, describes an electrical distribution utility's or natural gas supplier's direct distribution of allocated allowance auction proceeds to one or more of its ratepayers based on the current or recent amount of electricity, natural gas, or other relevant utility service delivered to those ratepayers, such that higher usage results in ratepayers' receipt of more funds.
“Voluntarily Associated Entity” or “General Market Participant” means any entity which does not meet the requirements of section 95811 or 95813 in this article and that intends to purchase, hold, sell, or voluntarily retire compliance instruments or an entity operating an offset project or early action offset project that is registered with ARB pursuant to subarticle 13 or 14 in this article.
“Voluntary Renewable Electricity” or “VRE” means electricity produced or RECs associated with electricity, produced by a voluntary renewable electricity generator, and which has not and will not be sold or used to meet any other mandatory requirements in California or any other jurisdiction.
“Voluntary Renewable Electricity Participant” or “VRE Participant” means a voluntary renewable electricity generator, a REC marketer, or entity that purchases voluntary renewable electricity or RECs as an end-user or on behalf of an end-user and is seeking allowance retirement pursuant to section 95841.1.
“Waste gas” means a natural gas that contains a greater percentage of gaseous chemical impurities than the percentage of methane. For purposes of this definition, gaseous chemical impurities may include carbon dioxide, nitrogen, helium, or hydrogen sulfide.
“Waste-to-Energy Facility” means a facility located in California that combusts eligible municipal solid waste. The facility must operate in accordance with a current permit issued by the local Air Pollution Control District or Air Quality Management District to generate and distribute electricity over the electric power grid for wholesale or retail customers of the grid located in California.
“Whey protein concentrate” means the substance obtained by the removal of sufficient nonprotein constituents from pasteurized whey so that the finished dry product contains greater than 25% protein. Whey protein concentrate is produced by physical separation techniques such as precipitation, filtration, or dialysis. The acidity of whey protein concentrate may be adjusted by the addition of safe and suitable pH-adjusting ingredients.
“Whole chicken and chicken parts” means whole chicken or edible chicken parts (including breasts, thighs, wings, and drums) that are packaged for wholesale or retail sale; transferred to other facilities; or binned, sent to an on-site rendering plant, and rendered into protein meal and fat.
“Whole Tomatoes” is the food prepared from mature tomatoes conforming to the characteristics of the fruit Lycopersicum esculentum P. Mill, of red or reddish varieties. The tomatoes are kept whole, and shall have had the stems and calyces removed.
(b) For the purposes of sections 95801 through 96023, the following acronyms apply:
“AB 32” means Assembly Bill 32, the California Global Warming Solutions Act of 2006.
“ARB” or “CARB” means the California Air Resources Board.
“BAU” means business as usual.
“BPA” means Bonneville Power Administration.
“C” means Centigrade.
“CAISO” means the California Independent System Operator.
“CEC” means California Energy Commission.
“CFR” means Code of Federal Regulations.
“CH4” means methane.
“CO2” means carbon dioxide.
“CO2e” means carbon dioxide equivalent.
“CPP” means Clean Power Plan.
“DWR” means California Department of Water Resources.
“ETS” means Emission Trading System.
“F” means Fahrenheit.
“GHG” means greenhouse gas.
“GHG ETS” means greenhouse gas emissions trading system.
“GWP” means global warming potential.
“HFC” means hydrofluorocarbon.
“LPG” means liquefied petroleum gas.
“MMBtu” means one million British thermal units.
“MRR” means the Air Resources Board's Regulation for the Mandatory Reporting of Greenhouse Gas Emissions.
“Mscf” means one thousand standard cubic feet.
“MWh” means megawatt-hour.
“MT” means metric tons.
“NAICS” means North American Industry Classification System.
“NGLs” means natural gas liquids.
“NERC” means North American Electric Reliability Corporation.
“N2O” means “nitrous oxide.”
“PFC” means perfluorocarbon.
“PSE” means purchasing-selling entity.
“PUC” means the Public Utilities Commission.
“REC” means Renewable Energy Credit.
“REDD” means reducing emissions from deforestation and degradation.
“RPS” means the Renewable Portfolio Standard.
“SCF” means standard cubic foot.
“SF6” means sulfur hexafluoride.
“TEAP” means the Technology and Economic Assessment Panel of the Montreal Protocol.
“WAPA” means Western Area Power Administration.
“WREGIS” means Western Renewable Energy Generation Information System.

Credits

Note: Authority cited: Sections 38510, 38560, 38562, 38570, 38571, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38530, 38560.5, 38564, 38565, 38570 and 39600, Health and Safety Code.
History
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Change without regulatory effect amending subsections (a)(21), (a)(29)(A) and (a)(106), new subsections (b)(14)-(15), (b)(34) and (b)(37) and subsection renumbering filed 2-15-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 7).
3. New subsections (a)(1), (a)(206) and (a)(208), repealer of subsections (a)(6), (a)(21), (a)(28) and (a)(209), subsection renumbering and amendment of newly designated subsections (a)(9), (a)(42), (a)(119) and (a)(129) filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
4. Amendment filed 12-19-2012; operative 1-1-2013 pursuant to Government Code section 11343.4 (Register 2012, No. 51).
5. Amendment of subsections (a)(17), (a)(53), (a)(62) and (a)(131) filed 6-24-2013; operative 10-1-2013 (Register 2013, No. 26).
6. Amendment filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
7. Amendment of subsection (a)(16), new subsections (a)(60) and (a)(316), repealer of subsections (a)(239) and (a)(282)-(a)(284), subsection renumbering, amendment of newly designated subsections (a)(225) and (a)(239), subsections (a)(240), (a)(256) and (a)(269) and newly designated subsections (a)(284), (a)(286), (a)(319), (a)(332), (a)(364), (a)(365), (a)(370), (a)(394) and (a)(396) filed 12-31-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 1).
8. Amendment of subsections (a)(116) and (a)(190) filed 10-20-2015; operative 11-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 43).
9. Amendment of section, including deletion of subsection designators within subsections (a) and (b), filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
10. Amendment of subsection (a) revising definitions of “Cogeneration,” “Distillate Fuel No. 1,” “Distillate Fuel No. 2,” “Electricity Importers,” “First Deliverer of Electricity,” “Initial Crediting Period,” “Kerosene,” “Legacy Contract Emissions,” “NERC E-tag,” “Renewable Energy Credit,” “Reporting Period” and “True-up allowance amount” and adopting definitions of “Direct environmental benefits in the State,” “Energy Imbalance Market Outstanding Emissions,” “Energy Imbalance Market Purchaser,” “Energy Imbalance Market Purchaser Emissions,” “Environmental Stringency,” “Legacy Contract Generator without an Industrial Counterparty,” “Lobbying,” “Price Ceiling,” “Price Ceiling Account,” “Price Ceiling Unit,” “Reserve Allowance” and “Volumetric” and amendment of subsection (b) revising definition of “ARB” filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).
This database is current through 3/15/24 Register 2024, No. 11.
Cal. Admin. Code tit. 17, § 95802, 17 CA ADC § 95802
End of Document