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MassDEP Issues Final Emergency Regulation for Reporting of
Greenhouse Gas Emissions
Updated: March 2009
The Massachusetts Department
of Environmental Protection (MassDEP) finalized its
emergency regulation for mandatory greenhouse gas (GHG)
reporting regulations [310 CMR 7.71] on December 9, 2008.
The emergency regulation sets forth the requirement
for facilities that emitted 5,000 tons or more of carbon
dioxide from fuel combustion during 2008 to register with
the MassDEP by April 15, 2009. The emergency
regulation will be followed by a comprehensive regulation
that will set forth the applicability and GHG reporting
requirements for future years. The
regulations are driven by requirements of the Global
Warming Solutions Act (GWSA) signed by Governor Deval
Patrick on August 7, 2008. This landmark piece of
legislation set in motion a process to reduce GHG
emissions in Massachusetts. The legislation requires the
MassDEP to estimate the level of GHG emissions for the
year 1990 (base year) and to reduce emissions from these
levels by:
-
10% to 25% by 2020, and
-
80% by 2050
Reportable Emissions
Regulated GHGs identified in the GWSA are: carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O),
hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride. In order to compare all these gases on an
equal basis, their emissions are reported as carbon
dioxide equivalents (CO2e). The CO2e for a gas is derived
by multiplying the emissions of the gas by the associated
global warming potential (GWP) of the gas related to
carbon dioxide (CO2 has a GWP of 1).
Example:
A source emits 5 tons of
the GHG gas methane which has a GWP of 21. The CO2e
emissions would be
5 tons x 21 = 105 tons of CO2e.
The legislation required the
MassDEP to promulgate regulations by January 1, 2009 for
mandatory reporting of GHG to track progress towards these
reductions. To meet this goal, the MassDEP has
promulgated limited emergency regulations which become
effective on January 1, 2009. The emergency regulations
require identified GHG reporting sources to register with
the MassDEP by April 15, 2009. Annual GHG reporting will commence in 2010 with the
reporting of calendar year 2009 emissions by April 15,
2010 and then April 15th every year thereafter.
The emergency regulation will be followed by comprehensive
regulations by June 2009.
2009 Registration
The emergency regulation requires any person
owning, operating or controlling the following facilities
to register with the MassDEP using a form
they will provide by April 15, 2009:
-
A facility that combusted
any combination of solid, liquid, and gaseous fossil
fuels that resulted in more than 5,000 tons of carbon
dioxide (CO2) emissions during 2008.
-
Note: Only combustion
of fossil fuels are considered for determining
registration applicability. Example: If your CO2
emissions from fuel combustion are less than 5,000
tons, but your CO2e emissions are greater than 5,000
tons, then you would not be required to register in
2009.
-
A facility that reported air
emissions pursuant to 310 CMR 7.00 Appendix C (i.e.,
Title V operating permit facilities) and combusted any
quantity of fossil fuel during 2008.
2010 Reporting
The following facilities must report
CO2 only emissions by April 15, 2010:
-
Facilities required to
report air emissions data pursuant to 310 CMR 7.00
Appendix C that had stationary sources which
collectively emitted more than 5,000 tons of CO2
emissions in 2009. These sources must report emissions
from stacks, processes, fugitive sources, and
factory owned or leased motor vehicles.
-
Facilities required to
report air emissions data pursuant to 310 CMR 7.00
Appendix C whose stationary sources collectively emitted
less than or equal to 5,000 tons of CO2 emissions
in 2009. These sources shall report emissions from
stacks, processes, and fugitive sources (but not
factory owned or leased motor vehicles).
-
All other facilities that
emitted more than 5,000 tons of CO2 emissions in
2009. These sources shall report emissions for all
stacks, processes, and fugitive sources (but not
factory owned or leased motor vehicles).
Emissions will be reported
electronically to The Regional Greenhouse Gas Registry,
which will be introduced in the comprehensive regulations
due in June of 2009. GHG emissions will be reported in
accordance with The Climate Registry’s General
Reporting Protocol (version 1.1).
2011 and Beyond Reporting
Starting in 2011 the same applicability as noted
above for 2010 reporting will apply, with the exception
that applicability will be based on emissions of CO2e (not
just CO2). Applicable facilities must report
CO2e emissions by April 15, 2011 and every
April 15th thereafter:
Comprehensive Regulation
A Comprehensive Regulation is due from the MassDEP
by June 2009 and will include all the provisions of the
Emergency Regulation plus introduce the following
provisions:
-
Introduce “The Regional GHG
Registry.”
-
Provide guidance on GHG
emissions report verification. Currently, the MassDEP is
investigating the following three options:
-
Hiring of approved Third
Party Verifiers
At this time, there are no approved verifiers. The
MassDEP has stated that approval may be based on a
certification process. The actual process of becoming
an approved verifier will be defined under the
Comprehensive Regulation.
-
Self Certification
This would be done by the facility following
self-certification procedures which would be outlined
in the Comprehensive Regulation.
-
Limited Third Party
Verification for certain facilities or purposes
-
Provide provisions for
reporting of GHG emissions from all sources producing
electricity consumed in the state
-
Provide industry-specific
GHG quantification guidance
-
Provide voluntary reporting
provisions for facilities that are not required to
submit information
-
Provide exemptions for
industries not covered by the General Reporting Protocol
or industry specific guidance
GHG Reduction Strategies
The GWSA requires the MassDEP to implement a plan
for achieving the stated GHG reduction targets for 2020
and 2050. It also requires the MassDEP to promulgate
regulations establishing a desired level of declining
annual aggregate emissions limits for sources, or
categories of sources, that emit GHG by January 1, 2012.
Such requirements may be discussed as part of the
Comprehensive Regulations to be promulgated by June of
2009. Potential plan strategies discussed in the GWSA
include:
-
Electric generating facility
aggregate limits
-
Direct emissions reductions
measures from other sectors of the economy
-
Alternative compliance
mechanisms
-
Market-based compliance
mechanisms and potential monetary and non-monetary
incentives
To encourage early action
towards reducing GHG emissions, the MassDEP may also
implement early action credits both for facilities
required to file and facilities doing voluntary reporting.
Upcoming Milestones
-
Comprehensive Regulation
- Stakeholder’s meeting in January 2009
-
Comprehensive Regulation
- Notice of public hearing in March 2009 with
hearings scheduled for late April/early March 2009
-
Registration of GHG
applicable facilities by April 15, 2009
-
Comprehensive Regulation
- Promulgation anticipated by June 2009
-
Reporting of GHG CO2
emissions by applicable facilities by April 15, 2010
-
Reporting of GHG CO2e
emissions by applicable facilities by April 15, 2011
Questions
regarding the Greenhouse Gas Emissions Regulation can be directed to
David Cotter at Capaccio
Environmental Engineering, Inc. at (508) 970-0033 x133 or
by e-mail at
dcotter@capaccio.com.
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