(1) Purpose. The purpose of 310 CMR 7.71 is to implement the reporting and verification requirement for statewide greenhouse gas emissions and to monitor and ensure compliance with the reporting provisions of M.G.L. c. 21N, the Climate Protection and Green Economy Act, St. 2008, c. 298, § 6.
(2) Definitions. The definitions in 310 CMR 7.00: Definitions apply to 310 CMR 7.71. The following additional terms have the following meanings when they appear in 310 CMR 7.71. Where a term defined in 310 CMR 7.00: Definitions also appears in 310 CMR 7.71, the definition in 310 CMR 7.71 is applicable for the purpose of 310 CMR 7.71.
Approved Verification Body means a
firm accredited by the American National Standards Institute to conduct
greenhouse gas (GHG) inventory verification services for members of The Climate
Registry.
Biogenic Greenhouse Gas Emissions
means emissions of carbon dioxide that result from the combustion of biogenic
(plant or animal) material, excluding fossil fuels.
Carbon Dioxide Equivalent means the
amount of carbon dioxide by weight that would produce the same amount of global
warming impact as a given weight of another greenhouse gas, based on the best
available science, including information from the Intergovernmental Panel on
Climate Change. The global warming potentials included in the General Reporting
Protocol shall be used to quantify and report greenhouse gas emissions in
carbon dioxide equivalents pursuant to 310 CMR 7.71.
CO2 Budget Trading
Program means a multi-state CO2 air
pollution control and emissions reduction program established by regulation in
several states, including Massachusetts pursuant to
310 CMR
7.70, for the purpose of reducing emissions
of CO2 from electric generating units.
Direct Emissions means emissions from
motor vehicles and emissions from stationary emission sources including, but
not limited to, emissions from factory stacks, manufacturing processes and
vents, fugitive emissions, and other process emissions.
Direct Stack Emissions means direct
emissions, excluding emissions from motor vehicles.
Emission Point means any place at or
from which any greenhouse gas is emitted to the ambient air.
Emission Source means any stationary
emission source, or any motor vehicle, from which any greenhouse gas is emitted
to the ambient air.
Emitting Electricity Generators means
electricity generators that are powered by any fossil or biogenic fuels.
Emitting Megawatt Hours means megawatt
hours that are generated by emitting electricity generators.
Entity means a person that owns or
operates, in whole or in part, a source of greenhouse gas emissions from a
generator of electricity or a commercial or industrial site including, but not
limited to, a transportation fleet.
Facility means a building, structure
or installation located on contiguous or adjacent properties of an entity, or a
natural gas facility.
General Reporting Protocol means the
General Reporting Protocol, as published by The Climate Registry for the
purpose of quantifying greenhouse gas emissions.
General Verification Protocol means
the General Verification Protocol, as published by The Climate Registry for the
purpose of quantifying greenhouse gas emissions.
Greenhouse Gas means any chemical or
physical substance that is emitted into the air and that the Department may
reasonably anticipate will cause or contribute to climate change including, but
not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons
perfluorocarbons and sulfur hexafluoride.
Motor Vehicle means any equipment or
mechanical device propelled primarily on land by power other than muscular
power but does not mean railroad and railway engines and railway cars, vehicles
operated by the system known as trolley motor or trackless trolley, or devices
used for domestic purposes, such as lawnmowers or snowblowers.
Natural Gas Facility means a
collection of interconnected natural gas containing equipment {e.g
transmission and distribution pipelines, service lines, customer meters
compressors, tanks, metering stations, regulating stations, and any other
interconnected equipment that contains natural gas) that is owned or operated
by an entity.
Non-emitting Electricity Generators
means electricity generators powered by hydro, nuclear, ocean, solar or wind
power.
Non-emitting Megawatt Hours means
megawatt hours that are generated by non-emitting electricity
generators.
Registry means the regional greenhouse
gas registry and reporting system designated by the Department to receive and
publish greenhouse gas emissions data reported pursuant to 310 CMR 7.71(5) and
(8).
Retail Seller means a competitive
supplier licensed by the Department of Public Utilities or, as each is defined
in M.G.L. c. 164A, § 1, an electric utility, municipal electric department
or municipal light board.
Short Ton means 2000 pounds or 0.9072
metric tons.
Stationary Emission Source means any
individual stationary piece of equipment from which any greenhouse gas is
emitted to the ambient air, or any other stationary emission point. For the
purpose of reporting greenhouse gas emissions pursuant to 310 CMR 7.71, all
sources of greenhouse gas emissions located within the facility are considered
stationary emissions sources if they are designed to be stationary while in
use.
(3) Applicability.
(a)
Any entity owning, operating, or controlling a facility is subject to the
requirements of 310 CMR 7.71(5) through (7) if
1.said facility is required to report air
emissions data to the Department pursuant to
310 CMR
7.00: Appendix C (The Air Operating Permit Program)
and had stationary emission sources that emitted greenhouse gases during the
previous calendar year;
2.said
facility has one or more stationary emission sources that collectively emitted
greenhouse gases in excess of 5,000 short tons of greenhouse gases in carbon
dioxide equivalents during the previous calendar year. In determining whether a
facility has one or more stationary emission sources that collectively emit
greenhouse gases in excess of 5,000 short tons, all direct stack emissions from
all stationary emission sources and processes at the facility shall be
included; or
3.said facility was
subject to the requirements of 310 CMR 7.71(3)(a)1. or 2. in any past
year.
(b)
Exemption for Facilities with Low or Reduced
Emissions. 1.Notwithstanding 310
CMR 7.71(3)(a)3., any entity may petition the Department to be exempted from
the requirement to report greenhouse gas emissions from a facility provided the
following requirements are met. Said petition shall be submitted using a form
provided by the Department.a.The entity is
not required to report greenhouse gas emissions from the facility pursuant to
310 CMR7.71(3)(a)1. or 2.;
b.The
entity is unlikely to be required to report greenhouse gas emissions from the
facility pursuant to 310 CMR 7.71(3)(a)1. or 2. for any future year
and,
c.At least one greenhouse gas
emission report documenting greenhouse gas emissions from said facility of less
than or equal to 5,000 short tons of greenhouse gases in carbon dioxide
equivalents has been submitted pursuant to 310 CMR 7.71(5) and (6), verified
pursuant to 310 CMR 7.71(7), and published in the registry.
2.The Department may approve a
petition submitted pursuant to 310 CMR 7.71 (3)(b) only if the Department
determines that all of the requirements set forth in 310 CMR 7.71(3)(b)1. have
been met. In determining whether to approve or deny a petition pursuant to 310
CMR 7.71(3)(b), the Department may consider any information contained in said
petition, and any other relevant information.
3.If the Department has approved a petition
in accordance with 310 CMR 7.71 (3)(b)2., the annual reporting requirement in
310 CMR 7.71(3)(a)3. shall not apply to said facility until such time as the
reporting of greenhouse gas emissions from said facility is again required
pursuant to 310 CMR 7.71(3)(a)1. or 2.
(c) In determining whether an entity is
subject to the requirements of 310 CMR 7.71 for calendar year 2009, only a
facility's carbon dioxide emissions shall be considered in assessing whether
the threshold in 310 CMR 7.71(3)(a)2. has been exceeded.
(d) All retail sellers of electricity are
subject to the requirements of 310 CMR 7.71(9).
(4) Registration of 2008 Emissions. By April 15, 2009, any entity owning, operating or controlling a facility that:
(a) combusted any
combination of solid, liquid, and gaseous fossil fuels that resulted in direct
stack emissions of more than 5,000 short tons of carbon dioxide emissions
during 2008; or
(b) reported air
emissions pursuant to 310 CMR 7.00: Appendix C and combusted any quantity of
any fossil fuel that resulted in direct stack emissions of carbon dioxide
during 2008, shall register with the Department using a form provided by the
Department.
(5) Annual Reporting by Facilities that Emit Greenhouse Gases.
(a)
Deadlines
and General Reporting Requirements
1.Facilities that are Required to
Report Air Emissions Data Pursuant to 310 CMR 7.00:...
