Cal. Code Regs. tit. 17 § 95353

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 95353 - Annual Emissions Limit

(a) No GIE owner's annual CO₂e emissions excluding emergency events, as calculated pursuant to section 95354.1(c), shall exceed their annual emissions limit.

(b) GIE owners must calculate their average system capacity, C_avg,j,i for each covered insulating gas j for data year i as follows:

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Where:

"C_avg,j,i" is the average system capacity (pounds) for covered insulating gas j in data year i;

"n" is the number of GIE devices k that were active GIE insulated with covered insulating gas j at some point during data year i;

"d_k,j" is the number of days during data year i that GIE device k with covered insulating gas j was in active service;

"C_k,j" is the covered insulating gas at activation (pounds) as defined in section 95351(a), for covered insulating gas j of GIE device k; and

"D_i" is the number of days in data year i.

(1) For data year 2021, GIE owners must calculate C_avg,j,i for SF₆ only.

(2) For data years 2022 through 2024, GIE owners must calculate C_avg,j,i for each covered insulating gas j used in GIE.

(3) For data years 2025 and beyond, GIE owners must calculate C_avg,j,i for each covered insulating gas j used in GIE devices k only if all of the following criteria are met:

(A) The GIE device was not included in the calculation of BL CO₂e capacity_12/31/2024;

(B) The GIE device has not replaced a GIE device that was included in the calculation of BL CO₂e capacity_12/31/2024; and

(C) The GIE device was not acquired pursuant to section 95352(a)(1), either by the GIE owner or by a previous owner of the GIE device.

(4) For each GIE device k that is jointly owned, each GIE owner must apply its equity share to calculate the GIE owner's share of the C_k,j value to use in the equation above, pursuant to section 95354(a)(7)(B).

(c) GIE owners must calculate their average CO₂e capacity on an annual basis as follows for each covered insulating gas j:

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Where:

"Average CO₂e capacity_i" is the average system capacity expressed in units of metric tons of carbon dioxide equivalent (MTCO₂e) as calculated for data year i;

"m" is the number of covered insulating gases j;

"GWP_j" is the global warming potential of covered insulating gas j;

"C_avg,j,i" is the average system capacity (pounds) as calculated pursuant to section 95353(b); and

" 2204. 62" is the number of pounds in a metric ton.

(d) Beginning with data year 2021, GIE owners who elect to apply an early action credit (EAC) must calculate their EAC as follows on an annual basis:

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Where:

"EAC_i" is the early action credit (MTCO₂e) for data year i;

"n" is the number of GIE devices k that are circuit breakers that became active GIE for the first time during the data year, have a voltage capacity of 72.5 kV or greater, are not insulated with SF₆ or oil, and for which the phase-out date for an equivalent SF₆ GIE (i.e., has the same GIE characteristics), provided in Table 2 of section 95352, has not been reached;

"C_e,k" is the GHG capacity (MTCO₂e) of each equivalent SF₆ GIE from Table 3 for device k;

"o" is the number of GIE devices l that were removed from regular use pursuant to section 95354(c)(1) or transferred while in use pursuant to section 95354(c)(2) during the data year that were used to calculate EAC_i-1;

"C_er,l" is the GHG capacity (MTCO₂e) of each equivalent SF₆ GIE from Table 3 for device l; and

"EAC_i-1" is the early action credit (MTCO₂e) calculated for the prior data year. The value of EAC_i-1 for data year i = 2021 is zero.

Table 3. Voltage and GHG Capacities of Equivalent SF₆ Circuit Breakers (MTCO₂e)

Voltage Capacity (kV)	C_e,k or C_er,1 (MTCO₂e)
72.5	300
72.5 < x <= 145	700
145 < x <= 245	1,900
> 245	2,400

When determining EAC for GIE that are jointly owned, each GIE owner must apply its equity share to calculate the GIE owner's share of the credit, pursuant to section 95354(a)(7)(B).

(e) For data year 2025, GIE owners must calculate their baseline (BL) CO₂e capacity_12/31/2024 as follows for each covered insulating gas j:

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Where:

"BL CO₂e capacity_12/31/2024" is the system capacity (MTCO₂e) as calculated for December 31, 2024;

"m" is the number of covered insulating gases j;

"GWP_j" is the global warming potential of covered insulating gas j;

"C_k,j" is the covered insulating gas at activation (pounds) of GIE device k that was active GIE insulated with gas j on December 31, 2024; and

" 2204. 62" is the number of pounds in a metric ton.

(1) For data years 2025 and beyond, GIE owners must calculate the value of BL CO₂e capacity_12/31/2024,i as follows for each covered insulating gas j:

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Where:

"BL CO₂e capacity_12/31/2024,i" is the system capacity (MTCO₂e) as calculated for data year i;

"BL CO₂e capacity_{12/31/2024,i-1}" is the system capacity (MTCO₂e) calculated for the prior data year. The value of BL CO₂e capacity_{12/31/2024,i-1} for data year 2025 is BL CO₂e capacity_12/31/2024;

"m" is the number of covered insulating gases j;

"GWP_j" is the global warming potential of covered insulating gas j;

"C_knc,j" is the covered insulating gas at activation (pounds) that was last used to calculate BL CO₂e capacity_12/31/2024 or BL CO₂e capacity_{12/31/2024,i-1} for any GIE device knc that underwent a nameplate capacity adjustment pursuant to section 95357.2 during the data year;

"C_knca,j" is the new nameplate capacity (pounds) of SF₆ GIE device knc that underwent a nameplate capacity adjustment during the data year;

"C_kr,j" is the covered insulating gas at activation (pounds) that was last used to calculate BL CO₂e capacity_12/31/2024 or BL CO₂e capacity_{12/31/2024,i-1} for any GIE device kr that was removed from regular use pursuant to section 95354(c)(1) or was transferred while in use pursuant to section 95354(c)(2) during the data year and was not replaced or was replaced with a SF₆ GIE device;

"Q_kn,j" is the covered insulating gas at activation (pounds) of SF₆ GIE device kn that replaced GIE device kr and was not acquired pursuant to section 95352(a)(1); and

" 2204. 62" is the number of pounds in a metric ton.

(f) For data years 2025 and beyond, GIE owners must calculate their baseline CO₂e capacity as follows for each covered insulating gas j:

BL CO₂e capacity_i = EAC[LESS THAN EQUAL TO]10 + BL CO₂e capacity_12/31/2024,i+ Average CO₂e capacity_i

Where:

"BL CO₂e capacity_i" is the system capacity (MTCO₂e) as calculated for data year i;

"EAC[LESS THAN EQUAL TO]10" is the value of EAC_i (MTCO₂e) for data year i, as calculated pursuant to section 95353(d), unless the value of EAC_i exceeds 10 percent of the reported value for average CO₂e capacity_i for data year 2021, in which case EAC[LESS THAN EQUAL TO]10 is equal to 10 percent of the reported value for average CO₂e capacityi for data year 2021;

"BL CO₂e capacity_12/31/2024,i" is the system capacity (MTCO₂e) as calculated pursuant to section 95353(e)(1); and

"Average CO₂e capacity_i" is the average system capacity (MTCO₂e) as calculated pursuant to section 95353(c).

(g) GIE owners shall establish their emissions limit using the following formulas in conjunction with Table 4 and Table 5:

(1) For data years 2021 through 2024, GIE owners shall establish their emissions limit using the following formula in conjunction with the applicable values provided in Table 4 and Table 5:

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Where:

"Emissions limit_i" is the GIE owner's emissions limit (MTCO₂e) for data year i;

"AEF_i" is the annual emission factor from Table 4 or Table 5 for data year i;

"Average CO₂e capacity_i" is the average system capacity (MTCO₂e) as calculated pursuant to section 95353(c); and

"EAC[LESS THAN EQUAL TO]10" is the value of EAC_i (MTCO₂e) for data year i, as calculated pursuant to section 95353(d), unless the value of EAC_i exceeds 10 percent of the reported value for average CO₂e capacity_i for data year 2021, in which case EAC[LESS THAN EQUAL TO]₁₀ is equal to 10 percent of the reported value for average CO₂e capacity_i for data year 2021;

Table 4. Annual Emission Factors for Average CO₂e capacity (data years 2021-2024) and "BL CO₂e capacity_i" (data years 2025 and beyond) >= 10,000 MTCO₂e

Year (i)	AEF_i
2021 through 2034	1.0
2035 and each calendar year thereafter	0.95

Table 5. Annual Emission Factors for Average CO₂e capacity (data years 2021-2024) and "BL CO₂e capacity_i" (data years 2025 and beyond) < 10,000 MTCO₂e

Year (i)	AEF_i
2021 through 2034	2.0
2035 and each calendar year thereafter	1.9

(2) For data years 2025 and beyond, GIE owners shall establish their emissions limit using the following formula in conjunction with the applicable values provided in Table 4 and Table 5:

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Where:

"Emissions Limit_i" is the GIE owner's emissions limit (MTCO₂e) for data year i;

"AEF_i" is the annual emission factor from Table 4 or Table 5 for data year i; and

"BL CO₂e capacity_i" is the system capacity (MTCO₂e) as calculated pursuant to section 95353(f);

(h) If in data year 2021 or any subsequent data year the calculated emissions limit is less than 50 MTCO₂e, the emissions limit shall be 50 MTCO₂e.

(i)Combining of GIE Owners. Whenever multiple GIE owners combine to be under the same GIE owner, the GIE owner's new emissions limit will be the sum of the emission limits that would have been established for each GIE owner had the GIE owners not combined.

All GIE owners who have combined must notify CARB that the combination has occurred within 30 days of the effective date of the combination. The notification must include the date of the combination, the names and ARB identification numbers (if assigned) of the GIE owners who combined, the name of the new GIE owner following the combination, the emission limits previously assigned to each GIE owner, the new GIE owner's emissions limit, the reason(s) for the change, a description of the relationship between the entities being combined (e.g., that they have a common parent organization), and the appropriate attestation statement from section 95355(c).

(j)Splitting of a GIE Owner. Whenever a GIE owner splits into multiple GIE owners, the emissions limit that would have been assigned to the original GIE owner must be split and assigned to the new GIE owners proportionally based on each new GIE owner's equity share of the original system's capacity at the time of the split, calculated pursuant to section 95354(a)(7)(B).

All GIE owners who have split from a former GIE owner must notify CARB that the split has occurred within 30 days of the effective date of the split. The notification must include the date of the split, the name and ARB identification number (if assigned) of the GIE owner that split, the names of the new GIE owners following the split, the emissions limit previously assigned to the GIE owner that split, the new GIE owner's Average CO₂e capacity_i at the time of the split (prior to data year 2025) or BL CO₂e Capacity_i (for data year 2025 and later data years), the new GIE owner's emissions limit, the reason(s) for the change, a description of the relationship between the entities being split (e.g., that they have a common parent organization but are independent limited liability companies), and the appropriate attestation statement from section 95355(c).

Cal. Code Regs. Tit. 17, § 95353

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 5).
2. Renumbering of former section 95353 to section 95357.1 and new section 95353 filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Sections 38510, 38560, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38560, 39600 and 39601, Health and Safety Code.

1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4(Register 2011, No. 5).
2. Renumbering of former section 95353 to section 95357.1 and new section 95353 filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)