(a)
Definitions and abbreviations. Except as otherwise provided, for
the purposes of this section and section
22a-174-31
of the Regulations of Connecticut State Agencies:
(1) "Anaerobic digester" means a device that
promotes the decomposition of organic material to simple organics and gaseous
biogas products, usually accomplished by means of controlling temperature and
volume, and including a methane recovery system.
(2) "Anaerobic digestion" means the
degradation of organic material including manure brought about through the
action of microorganisms in the absence of elemental oxygen.
(3) "Anaerobic storage" means the storage of
organic material in an oxygen-free environment, or under oxygen-free
conditions, including but not limited to, holding tanks, ponds, and
lagoons.
(4) "ANSI" means the
American National Standards Institute.
(5) "ASHRAE" means the American Society of
Heating, Refrigerating and Air-Conditioner Engineers.
(6) "Biogas" means the gas, primarily methane
and CO2, resulting from the decomposition of organic
matter under anaerobic conditions.
(7) "Building envelope" means the elements of
a building, including walls, windows, foundation, basement slab, ceiling, roof
and insulation, that separate conditioned space from unconditioned space, or
that enclose semi-heated space, through which thermal energy may be transferred
to or from the exterior, unconditioned space, or conditioned space.
(8) "Certification" means an independent
third-party verification that a CO2 emissions offset
project application and all measurement, monitoring or verification associated
therewith meets the requirements of this section.
(9) "CH4" means
methane.
(10)
"CO2 emissions offset project" means a project to reduce
or avoid atmospheric loading of CO2,
CO2e or sequestered carbon where such project yields
reduced or avoided emissions that are real, additional, verifiable, enforceable
and permanent.
(11)
"CO
2e" means "carbon dioxide equivalent" as defined in
section
22a-174-31
of the Regulations of Connecticut State Agencies.
(12) "Commercial building" means a
non-residential building to which the provisions of ANSI/ASHRAE/IESNA Standard
90.1 apply.
(13) "Conflict of
interest" means a situation under which an individual has a relationship with
any specific project sponsor, CO2 emissions offset
project or category of offset projects, such that the individual's other
activities or relationships with other persons or organizations render or may
render the individual incapable of providing an impartial certification
opinion, or otherwise compromise the individual's objectivity in performing
certification functions.
(14)
"Condensing mode" means the design and operation of furnaces or boilers in a
mode that leads to the production of condensate in flue gases.
(15) "Cooperating regulatory agency" means a
regulatory agency in a state or United States jurisdiction that is not a
participating state that has entered into a memorandum of understanding with
the commissioner and the appropriate regulatory agencies of all participating
states to carry out certain obligations relative to CO2
emissions offset projects in that state or United States jurisdiction,
including but not limited to, the obligation to perform audits of offset
project sites, and report noncompliance with this section.
(16) "Energy conservation measure" ("ECM") or
"energy efficiency measure" ("EEM") means an activity or a set of activities
designed to increase the energy efficiency of a building or improve the
management of energy demand and may include, but not be limited to, physical
changes to facility equipment, modifications to a building, revisions to
operating and maintenance procedures, software changes, or new means of
training or managing users of the building or operations and maintenance
staff.
(17) "Energy performance"
means a measure of the relative energy efficiency of a building, building
equipment, or building components, as measured by the amount of energy required
to provide building services and for building equipment and components, means a
relative measure of the impact of equipment or components on building energy
usage.
(18) "Energy services" means
the provision of useful services to building occupants, such as heating and hot
water, cooling, and lighting.
(19)
"Forested condition" means land that is at least 1.0 acre in size and 120.0
feet wide measured stem-to-stem from the outer-most edge with forested strips
that are at least 120.0 feet wide for a continuous length of at least 363.0
feet, and meets one of the following stocking criteria:
(A) The condition is at least 10-percent
stocked by trees of any size or has been at least 10-percent stocked in the
past, and the condition is not subject to non-forest use that prevent normal
tree regeneration and succession such as regular mowing, intensive grazing, or
recreation activities; or
(B) In
several western woodland species where stocking cannot be determined, the
condition has at least 5-percent crown cover by trees of any size, or has had
at least 5-percent cover in the past, and the condition is not subject to
non-forest use that prevents normal regeneration and succession such as regular
mowing, chaining, or recreation activities.
(20) "Furnace" means a self-contained,
indirect-fired appliance with a heat input rate of less than 225,000 Btu/hr
that supplies heated air to a residential or commercial building through ducts
to conditioned spaces.
(21) "HVAC
system" means a system or systems that provide, either collectively or
individually, heating, ventilation, or air conditioning to a building,
including the equipment, distribution network, and terminals.
(22) "IESNA" means the Illuminating
Engineering Society of North America.
(23) "Independent verifier" means an
individual who has been approved by the commissioner or the commissioner's
designee to conduct verification activities.
(24) "Market penetration rate" means a
measure of the diffusion of a technology, product, or practice in a defined
market, as represented by the percentage of annual sales for a product or
practice, as a percentage of the existing installed stock for a product or
category of products, or as the percentage of existing installed stock that
utilizes a practice.
(25)
"Non-census water" means streams, sloughs, estuaries, and canals that are more
than 120 feet and less than 1/8 of a mile wide and lakes, reservoirs, and ponds
that are 1 to 40 acres in size.
(26) "Non-forested condition" means land that
does not meet the definition of "forested condition" and any land that includes
areas used for crops, improved pasture, residential areas, city parks, improved
roads of any width and adjoining rights-of-way, power line clearings of any
width, and non-census water. If intermingled in forested areas, unimproved
roads and non-forest strips are more than 120.0 feet wide, and clearings more
than one acre in size, to qualify as non-forest land.
(27) "Offset project" means all equipment,
materials, items, or actions directly related to the reduction of
CO2 equivalent emissions or the sequestration of carbon
specified in a consistency application submitted pursuant to this
section.
(28) "On-site combustion"
means the combustion of fossil fuel at a building to provide building services,
such as heating, hot water, or electricity.
(29) "Passive solar" means a combination of
building design features and building components that utilize solar energy to
reduce or eliminate the need for mechanical heating and cooling and daytime
artificial lighting.
(30)
"Permanently retired" means a greenhouse gas allowance or credit has been
placed in a retirement account controlled by the jurisdiction that generated
the allowance or credit, or has been placed in an allowance retirement account
controlled by the commissioner or is otherwise determined by the commissioner
to be rendered unusable.
(31)
"Project commencement" means the date on which physical construction,
installation of equipment or materials or other work at an offset project site
began; or the date on which a management activity or protocol is first utilized
for an offset project.
(32)
"Project sponsor" means any person who owns or operates an eligible
CO2 emission offset project or who owns a
CO2 emissions credit retirement.
(33) "Regional-type anaerobic digester" means
an anaerobic digester using feedstock from more than one agricultural
operation, or importing feedstock from more than one agricultural
operation.
(34) "Renewable
portfolio standard" means the statutory requirement that a load-serving entity
provide a certain portion of the electricity it supplies to its customers from
renewable energy sources pursuant to section
16-245a
of the Connecticut General Statute or any other statute or regulation requiring
a certain portion of electricity supplied to the electricity grid be generated
from renewable energy sources.
(35)
"Residential building" means a low-rise structure used as a single family home,
a multifamily home of three or fewer stories above grade, or a modular or
mobile manufactured home for which the provisions of ANSI/ASHRAE/IESNA Standard
90.1 do not apply.
(36) "RESNET"
means the Residential Energy Services Network, a not-for-profit corporation
that establishes nationally recognized standards for building energy efficiency
rating systems.
(37)
"SF6" means sulfur hexafluoride.
(38) "SF6-containing
operating equipment" means any equipment used for the transmission or
distribution of electricity that contains SF6.
(39) "System benefit fund" means the monies
collected directly from retail electricity or natural gas ratepayers pursuant
to section
16-245
l of the Connecticut General Statutes or the statutes and
regulations of other states.
(40)
"Total solids" means the total of all solids in a sample, including total
suspended solids, total dissolved solids, and volatile suspended
solids.
(41) "Transmission or
distribution entity" means the assets and equipment used to transmit and
distribute electricity from an electric generator to the electrical load of a
customer, including all related assets and equipment located within the service
territory of the entity, defined as the service territory of a load-serving
entity specified by the Connecticut Department of Public Utility
Control.
(42) "Verification" means
the determination by an independent verifier that certain parts of a
CO2 emissions offset project consistency application or
measurement, monitoring and verification report conform to the requirements of
this section.
(43) "Volatile
solids" means the fraction of total solids that is comprised primarily of
organic matter.
(44)
"Whole-building energy performance" means the overall energy performance of a
building, taking into account the integrated impact on energy usage of all
building components and systems.
(45) "Whole-building retrofit" means any
building project that involves the replacement of more than one building
system, or set of building components, and also requires a building
permit.
(46) "Zero net energy
building" means a building designed to produce as much energy, using renewable
energy sources, as the building is projected to use, as measured on an annual
basis.
(c)
General Requirements for
CO2Emissions Offset
Projects.
(1) The
commissioner or
commissioner's designee may award CO
2 offset allowances
to sponsors of CO
2 emissions offset projects or
CO
2 emissions credit retirements that have reduced or
avoided atmospheric loading of CO
2 or
CO
2 equivalent or sequestered carbon as demonstrated in
accordance with the applicable provisions of this section provided that such
projects represent CO
2 or CO
2
equivalent reductions or carbon sequestration that are real, additional,
verifiable, enforceable, and permanent. The use of such offset allowances for
compliance purposes shall be subject to the provisions of section
22a-174-31
of the Regulations of Connecticut State Agencies.
(2) Eligible CO2
emissions offset projects. Offset projects shall satisfy all the applicable
requirements of this section to qualify for the award of
CO2 offset allowances. As identified in subsections (d)
to (h), inclusive, of this section, projects that either capture and destroy
landfill methane, avoid sulfur hexafluoride emissions, sequester carbon through
afforestation, provide end-use energy efficiency, or avoid methane emissions
from agricultural management operations are eligible for the award of
CO2 offset allowances.
(3) Eligible offset project locations.
Eligible offset projects may be located in any participating state or in any
state or other U.S. jurisdiction that has entered into a memorandum of
understanding with the commissioner and the appropriate regulatory agencies of
all participating states to carry out certain obligations relative to
CO2 emissions offset projects in such state or U.S.
jurisdiction, including but not limited to the obligation to perform audits of
offset project sites, and report violations of this section to the commissioner
or the commissioner's designee.
(4)
Eligible CO2 emissions credit retirements. A
CO2 emissions credit retirement shall satisfy all the
applicable requirements of this section, to qualify for the award of
CO2 offset allowances. CO2
emissions credit retirements include the permanent retirement of greenhouse gas
allowances or credits issued pursuant to any governmental mandatory carbon
constraining program outside the United States that places a specific tonnage
limit on greenhouse gas emissions, provided the allowances or credits are
acceptable and valid for use in that program at the time the consistency
application is filed pursuant to this subsection, or certified greenhouse gas
emissions reductions credits issued pursuant to the United Nations Framework
Convention on Climate Change (UNFCCC) or protocols adopted through the UNFCCC
process. The commissioner or the commissioner's designee may award
CO2 offset allowances for CO2
emissions credit retirements only after the occurrence of a Stage Two Trigger
Event.
(5) General Requirements. In
addition to the requirements set forth in subsections (d) to (h), inclusive, of
this section, the following general requirements shall apply to each offset
project:
(A) CO2 offset
allowances shall not be awarded for an offset project or
CO2 emissions credit retirement that is required
pursuant to any local, state or federal law, regulation, or administrative or
judicial order. If an offset project receives a consistency determination under
this subsection and is later required by local, state or federal law,
regulation, or administrative or judicial order, then the offset project shall
only remain eligible for the award of CO2 offset
allowances until the end of its current allocation period;
(B) If an offset project includes an electric
generation component, the project sponsor shall transfer to the commissioner or
the commissioner's designee the legal rights to all attribute credits generated
from the operation of the offset project, other than CO2
offset allowances issued under this subsection, that may be used for compliance
with a renewable portfolio standard or other regulatory requirement;
(C) Offset projects may not receive funding
or other incentives from any systems benefit fund, or funds or other incentives
provided through the auction reserves described in section
22a-174-31(f)(5)(B)
to (D), inclusive, of the Regulations of Connecticut State Agencies;
and
(D) CO2
offset allowances shall not be awarded to an offset project or
CO2 emissions credit retirement that is awarded credits
or allowances under any other mandatory or voluntary greenhouse gas program, by
another participating state, or by any other carbon market.
(6) Maximum allocation periods for
CO
2 emissions offset projects. The
commissioner or the
commissioner's designee may award CO
2 offset allowances
under this section as follows:
(A) Maximum
allocation periods. Except as provided in subparagraph (B) of this subdivision,
the commissioner or the commissioner's designee shall award
CO2 offset allowances under this section for any offset
project for an allocation period not to exceed ten years. At the end of the
initial 10-year allocation period and upon a demonstration by the project
sponsor that the offset project continues to meet all applicable requirements
of this section, the commissioner or the commissioner's designee may award
CO2offset allowances for a second 10-year allocation
period. Prior to the expiration of the initial allocation period, the offset
project sponsor shall submit a consistency application pursuant to this section
and receive a consistency determination from the commissioner or the
commissioner's designee; and
(B)
Maximum afforestation allocation period. The commissioner or the commissioner's
designee may award CO2 offset allowances under this
subsection for any afforestation offset project for an initial 20-year
allocation period. At the end of the initial 20-year allocation period the
commissioner or the commissioner's designee may award
CO2 offset allowances for a second 20-year allocation
period, provided the offset sponsor has submitted a consistency application for
the afforestation offset project prior to the expiration of the initial
allocation period, and the commissioner or the commissioner's designee has
issued a consistency determination pursuant to this subsection. At the end of
the second 20-year allocation period, the commissioner or the commissioner's
designee may award CO2 offset allowances for a third
20-year allocation period, provided the offset sponsor has submitted a
consistency application for the afforestation offset project prior to the
expiration of the second allocation period, and the commissioner or the
commissioner's designee has issued a consistency determination pursuant to this
subsection. In no event shall an afforestation offset project be awarded
CO2 offset allowances for more than a total of 60
allocation years.
(7)
Timing of offset projects. The commissioner or the commissioner's designee may
award CO2 offset allowances under this section only for
offset projects that commenced on or after December 20, 2005.
(8) Offset project audit. Project sponsors
shall provide the commissioner or the commissioner's designee access to the
physical location of the offset project in order to determine compliance with
this section.
(9) Ineligibility due
to noncompliance. If at any time the commissioner or the commissioner's
designee determines that a project sponsor has not complied with the
requirements of this section, the commissioner or the commissioner's designee
may revoke and retire any and all offset allowances in the project sponsor's
general account. If at any time the commissioner or the commissioner's designee
determines that an offset project does not comply with the requirements of this
section, the commissioner or the commissioner's designee may revoke any prior
approvals issued in relation to an offset project.
(10) Application Process. Any
person may act
as the sponsor of an eligible CO
2 emissions offset
project or CO
2 emissions credit retirement, provided
that such
person meets the requirements of this subdivision as follows:
(A) Establishment of general account. The
sponsor of an offset project or CO
2 emissions credit
retirement shall establish a general account under section
22a-174-31(g)(2)(B)
of the Regulations of Connecticut State Agencies. All submissions to the
commissioner required for the award of CO
2 offset
allowances under this subsection shall be from the CO
2
authorized account representative for the general account of the sponsor of the
relevant offset project or CO
2 emissions credit
retirement;
(B) Consistency
application time frames.
(i) For offset
projects commenced prior to January 1, 2009, the project sponsor shall submit
the consistency application no later than June 30, 2009;
(ii) For offset projects commenced on or
after January 1, 2009, the project sponsor shall submit the consistency
application no later than the date that is six months after the offset project
is commenced; and
(iii) The
commissioner or the commissioner's designee shall deny any application that
fails to meet the time frames specified in this subparagraph;
(C) Consistency application
contents. The sponsor of an offset project shall provide the following
information to the
commissioner or the
commissioner's designee:
(i) The offset project sponsor's name,
address, e-mail address, telephone number, facsimile transmission number, and
account number;
(ii) The offset
project description as required by the relevant provisions of subsection (d) to
(h), inclusive, of this section;
(iii) The emissions baseline determination as
required by relevant provisions of subsection (d) to (h), inclusive, of this
section;
(iv) An explanation of how
the projected reduction or avoidance of atmospheric loading of
CO2 or CO2 equivalent or the
sequestration of carbon is to be quantified, monitored and verified as required
by the relevant provisions of subsection (d) to (h), inclusive, of this
section;
(v) A completed
application agreement that reads as follows: "The undersigned project sponsor
recognizes and accepts that the application for, and the receipt of,
CO
2 offset allowances under the
CO
2 Budget Trading Program is predicated on the project
sponsor following all the requirements of section
22a-174-31
a of the Regulations of Connecticut State Agencies. The project sponsor holds
the legal rights to the offset project, or has been granted the right to act on
behalf of a party that holds the legal rights to the offset project. I
understand that eligibility for the award of offset allowances under section
22a-174-31
a of the Regulations of Connecticut State Agencies is contingent on meeting the
requirements of said section. I authorize the
commissioner or the
commissioner's designee to audit this offset project for purposes of verifying
that the project, including the monitoring and verification plan, has been
implemented as described in this application. I understand that this right to
audit shall include the right to enter the physical location of the offset
project. I submit to the legal jurisdiction of the State of
Connecticut.";
(vi) A statement and
certification report signed by the offset project sponsor certifying that all
offset projects for which the sponsor has received offset allowances under this
section or similar provisions in the rules of other participating states, under
the sponsor's ownership or control or under the ownership or control of any
entity which controls, is controlled by, or has common control with the sponsor
are in compliance with all applicable requirements of the
CO2 Budget Trading Program in all participating
states;
(vii) A statement and
certification report drafted and signed by an independent verifier, accredited
pursuant to this section, indicating that the independent verifier has reviewed
the entire application and evaluated the adequacy and validity of the following
information in relation to the applicable requirements of this section: the
demonstration that the offset project meets the applicable eligibility
requirements of this section; baseline emissions in accordance with this
section; the monitoring and verification plan submitted in accordance with this
section; and such other statements as may be required by commissioner or the
commissioner's designee;
(viii)
Disclosure of any voluntary or mandatory programs, other than the
CO2 Budget Trading Program, to which greenhouse gas
emissions data related to the offset project has been, or will be,
reported;
(ix) For offset projects
located in a state or United States jurisdiction that is not a participating
state, a demonstration that the project sponsor has complied with all
requirements of the cooperating regulatory agency in the state where the offset
project is located; and
(x) Any
other information the commissioner or the commissioner's designee may require
in order to evaluate the proposed offset project; and
(D) CO2 emissions
offset credit retirements. For a CO2 emissions credit
retirement, the consistency application shall include sufficient information to
demonstrate that the CO2 emissions credit is eligible
pursuant to this section, was lawfully held by the project sponsor, and has
been permanently and irrevocably retired.
(11) Place for filing.
(A) For an offset project located in one
participating state in whole or in part, the consistency application shall be
filed with the appropriate commissioner in such State;
(B) For an offset project located wholly
outside all participating states, the consistency application may be filed with
the appropriate commissioner in any one participating state. In addition, a
copy of the consistency application shall be filed with the cooperating
regulatory agency in the state or United States jurisdiction where the offset
project is located;
(C) For an
offset project located in more than one participating state, the consistency
application shall be filed in the participating state where the larger part of
the emissions reduction or carbon sequestration due to the offset project
activity is projected to occur; and
(D) For CO2 emissions
credit retirements, the consistency application may be filed with the
appropriate commissioner in any one participating state.
(12) Commissioner action on consistency
applications.
(A) Completeness determination.
Not later than 30 days following receipt of the application filed pursuant to
subdivision (9)(B) of this subsection, the commissioner or the commissioner's
designee shall notify the project sponsor whether the consistency application
is complete. A complete consistency application is one that is in an approved
form and is determined by the commissioner or the commissioner's designee to be
complete for the purpose of commencing review of the application. In no event
shall a completeness determination prevent the commissioner or the
commissioner's designee from requesting additional information in order to
fully evaluate the proposed project in accordance with subparagraph (B) of this
subdivision; and
(B) Consistency
determination. Not later than 150 days of making the completeness determination
under subparagraph (A) of this subdivision, the commissioner or the
commissioner's designee shall issue a determination as to whether the offset
project has met the requirements of this section and the requirements of the
applicable offset project standard of subsection (d), (e), (f), (g) or (h) of
this section. For any application found to lack consistency with these
requirements, the commissioner or the commissioner's designee shall inform the
project sponsor of the offset project's deficiencies.
(f)
Sequestration of Carbon
Due To Afforestation.
(1) Eligibility.
Offset projects that result in the conversion of land from a non-forested to
forested state shall meet the requirements in this subsection and all
applicable requirements of this section, to qualify for the award of
CO
2 offset allowances.
(A) Eligible offset projects have been in a
non-forested state for at least the ten (10) years preceding the commencement
of the offset project; and
(B)
Eligible offset projects shall be managed in accordance with widely accepted
environmentally sustainable forestry practices and designed to promote the
restoration of native forests by using mainly native species and avoiding the
introduction of invasive non-native species. If commercial timber harvest
activities are to occur, certification shall be obtained, prior to any harvest
activities at the site, through the Forest Stewardship Council (FSC),
Sustainable Forestry Institute (SFI), American Tree Farm System (ATFS), or such
other similar organizations as may be approved by the commissioner or the
commissioner's designee.
(2) Offset project description. The project
sponsor shall provide a detailed narrative of the offset project actions to be
taken, including supporting materials as appropriate. The offset project
narrative shall include the following:
(A)
The name or names and addresses of the owner of the land within the offset
project boundary;
(B) A detailed
map of the land within the offset project boundary and areas adjacent to the
offset project boundary;
(C) A copy
of the permanent conservation easement required pursuant to subdivision (6) of
this subsection;
(D) A written
legal opinion from an attorney licensed to practice in the state where the
offset project is located, or from the cooperating regulatory agency,
confirming the enforceability of the permanent conservation easement for those
offset projects located in a state or United States jurisdiction that is not a
participating state; and
(E) Plant
species to be planted or established via natural regeneration, and a forest
management plan consistent with the requirements of subdivision (3) of this
subsection.
(3) Carbon
sequestration baseline determination. The existing sequestered carbon within
the project boundary shall be calculated prior to commencement of the offset
project. The carbon sequestration baseline shall be determined based on a sum
of measurements, made no more than 12 months prior to offset project
commencement, of the carbon content of the following carbon pools:
(A) Carbon content shall be calculated for
the following required carbon pools:
(i) Live
above-ground tree biomass;
(ii)
Live below-ground tree biomass;
(iii) Soil carbon; and
(iv) Dead organic matter, and coarse woody
debris, unless the baseline measurement for this carbon pool is at or near
zero, in which case measurement of this carbon pool during the allocation
period is optional;
(B)
Carbon content may be calculated for the following optional carbon pools:
(i) Live above-ground non-tree biomass;
and
(ii) Dead organic matter, and
forest floor;
(C) Carbon
content shall be calculated individually for each carbon pool within the offset
project boundary;
(D) To increase
the accuracy of measurement and verification, the area within the offset
project boundary shall be divided into sub-populations that form relatively
homogenous units. When defining sub-populations, the project sponsor shall
consider vegetation and tree species, including existing vegetation and trees
and those to be utilized as part of the offset project activity, and site
factors such as soil type, elevation, slope and other factors as
warranted;
(E) Calculation of
sequestered carbon for each carbon pool in each reporting stratum shall be
based on the following:
CO2 tons = [(A × C/ha)(44/12)] /
0.9072
Where:
A = Area in hectares within each reporting stratum;
C = Carbon content (metric tons of carbon for each carbon
pool);
C/ha = Mean carbon content per hectare for each carbon
pool;
(F) Total carbon
contained within the offset project boundary represented in tons of carbon
shall be calculated as follows:
TCpb = TClatb +
TClbtb + TCs [+ TClantb +
TCdoff + TCdocwd] Where:
TCpb = Total carbon content within the
offset project boundary (TCpb) (sum of carbon content of
all carbon pools in all reporting sub-populations);
TClatb = Sum of carbon content of live
above-ground tree biomass in all reporting sub-populations;
TClbtb = Sum of carbon content of live
below-ground tree biomass in all reporting sub-populations;
TCs = Sum of carbon content of soil
carbon in all reporting sub-populations;
TClantb [option] = Sum of carbon content of live above-ground
non-tree biomass in each reporting sub-populations;
TCdoff [option] = Sum of carbon content
of dead organic matter, forest floor in all reporting sub-populations;
and
TCdocwd[mandatory/option] = Sum of
carbon content of dead organic matter, coarse woody debris in all reporting
sub-populations pursuant to subdivision (3)(A)(iv) of this subsection;
(G) Each individual carbon pool to
be measured shall be directly measured using a measurement protocol and sample
size that achieves a demonstrated quantified accuracy such that there is at
least 95% confidence that the resulting reported value is within 10% of the
true mean. Measurement and sampling practices shall meet the following
requirements:
(i) An adequate sample size
that meets the requirements of subparagraph (ii) of this subparagraph shall be
determined for each stratum;
(ii)
The minimum number of required sampling plots for each reporting stratum shall
be determined based on the following:
n = (s × 1.960)/(mean × re)2
Where:
n = required number of sample plots for each reporting
sub-populations;
s = standard deviation;
mean = mean reported carbon content for the sample population;
and
re = level of sampling error (0.08) to assure a total maximum
error of 10% for the 95% confidence interval, that assumes total error due to
measurement error of 0.02; and
(H) Direct measurement procedures shall be
consistent with current forestry good practice and the guidance contained in
U.S. Department of Energy, Technical Guidelines for Voluntary Reporting
of Greenhouse Gases (1605(b)) Program; Chapter 1, Emissions Inventories; Part I
Appendix: Forestry; Section 3: Measurement Protocols for Forest Carbon
Sequestration (March 2006).
(4) Calculating carbon sequestered. Carbon
sequestration shall be determined using a base year approach, where the amount
of carbon sequestered is measured as a net increase in carbon relative to the
base year measurement. Carbon sequestration, represented in tons of carbon,
shall be the amount of net additional carbon sequestered during each
calculation period, based upon aggregate carbon uptake and carbon emissions for
the sum of carbon pools, relative to the baseline carbon content or the carbon
content as of the previous calculation period, if above the baseline carbon
content, as applicable. CO
2 offset allowances shall be
issued based on the amount of net additional carbon sequestered within the
offset project boundary during each reporting period, and represented in tons
of CO
2 equivalent. Sequestered carbon shall be
calculated using a stock-change approach as follows:
NCSt = It -
It-1
Where:
NCSt = Net carbon sequestered in
reporting period t;
It = Inventory of carbon stock for all
carbon pools in all reporting sub-populations within the offset project
boundary in reporting period t; and
It-1 = Inventory of carbon stock for all
carbon pools in all reporting sub-populations within the offset project
boundary in the reporting period immediately preceding reporting period
t;
(A) Except as provided in
subdivision (3)(A)(iv) of this subsection, each of the carbon pools that were
measured as part of the baseline determination shall be remeasured using the
same methodology, and to the same or better quantified accuracy consistent with
the requirements of subdivisions (3)(G) and (H) of this subsection;
(B) The net change in each pool's carbon
stock in each reporting stratum is calculated by subtracting the baseline
carbon stock (or stock at the previous monitoring) from the carbon stock at the
time of the current monitoring. Determination of carbon stock shall be in
accordance with the formulas and procedures in subdivision (3) of this
subsection;
(C) Net carbon stock
change for the offset project is the sum of the net changes in the carbon stock
of all applicable pools in all reporting sub-populations within the offset
project boundary, less ten percent (10%) to account for potential losses of
sequestered carbon. This 10% discount shall not be required, provided the
project sponsor retains long-term insurance, approved by the commissioner or
their designee, that guarantees replacement of any lost sequestered carbon for
which CO2 allowances were issued pursuant to subsection
(j) of this section;
(5)
Monitoring and verification requirements. Total carbon stock shall be
calculated not less than every five years.
(A)
A project sponsor shall submit monitoring and verification reports. Such
reports shall include data from direct measurement of carbon content for all
plots used to determine baseline and reporting period carbon content;
(B) The consistency application shall include
a monitoring and verification plan certified by the
commissioner or the
commissioner's designee or an independent verifier accredited pursuant to
subsection (i) of this section. The monitoring and verification plan shall
include the following:
(i) Direct carbon
measurement procedures consistent with the requirements at subdivision (3)(H)
of this subsection;
(ii) The
designation of sub-populations pursuant to subdivision (3)(D) of this
subsection. The determination of the minimum number of sampling plots pursuant
to subdivision (3)(G) of this subsection; and
(iii) If commercial timber harvest activities
have occurred or will occur, an assessment of management practices to ensure
that the offset project has been managed in accordance with environmentally
sustainable forestry practices consistent with the Forest Stewardship Council
(FSC), Sustainable Forestry Institute (SFI), American Tree Farm System (ATFS),
or such other similar organizations as may be approved by the commissioner or
their designee; and
(C)
The applicant shall allow access to the project site and the reserve set-aside
site to the accredited independent verifier, or as requested by the
commissioner or the commissioner's designee.
(6) Carbon sequestration permanence. The
offset project shall meet the following requirements to address permanence of
sequestered carbon:
(A) The project sponsor
shall place the land within the offset project boundary under a legally binding
permanent conservation easement, approved by the commissioner or the
commissioner's designee, which requires the land to be maintained in a forested
state in perpetuity;
(B) The
conservation easement shall include a requirement that the carbon density
within the offset project boundary be maintained at long-term levels at or
above that achieved as of the end of the CO2 offset
crediting period pursuant to subsection (c)(5) of this section; and
(C) The conservation easement shall require
that the land be managed in accordance with environmentally sustainable
forestry practices.
(g)
Reduced or Avoided
CO2Emissions Due to End-Use Energy
Efficiency
(1) Eligibility. An offset
project that reduces CO
2 emissions by reducing on-site
combustion of natural gas, oil, or propane for end-use in an existing or new
commercial or residential building by improving the energy efficiency of fuel
usage and the energy-efficient delivery of energy services shall meet the
requirements ofthis subsection and all other applicable requirements of this
section, to qualify for the award of CO
2 offset
allowances. Eligible new buildings are limited to new buildings that are
designed to replace an existing building on the offset project site, or new
buildings designed to be zero net energy buildings. Eligible offset projects
may include the following energy conservation measures (ECMs):
(A) Improvements in the energy efficiency of
combustion equipment that provide space heating and hot water, including a
reduction in fossil fuel consumption through the use of solar and geothermal
energy;
(B) Improvements in the
efficiency of heating distribution systems, including proper sizing and
commissioning of heating systems;
(C) Installation or improvement of energy
management systems;
(D) Improvement
in the efficiency of hot water distribution systems and reduction in demand for
hot water;
(E) Measures that
improve the thermal performance of the building envelope or reduce building
envelope air leakage;
(F) Measures
that improve the passive solar performance of buildings and utilization of
active heating systems using renewable energy; and
(G) Switching to a less carbon-intensive fuel
for use in combustion systems, including the use of liquid or gaseous renewable
fuels, provided that conversions to electricity are not eligible.
(2) Offset project description.
The project sponsor shall provide a detailed narrative of the offset project
actions to be taken, including supporting materials as appropriate. The offset
project narrative shall include the following:
(A) Location and specifications of the
building or buildings where the offset project actions are proposed to
occur;
(B) The name or names and
address of the owner and operator of the building or buildings;
(C) The parties implementing the offset
project, including the lead contractor or contractors, subcontractors, and
consulting firms;
(D)
Specifications of equipment and materials to be installed as part of the offset
project; and
(E) Building plans and
offset project technical schematics, as applicable.
(3) Performance standards. For offset
projects initiated on or after January 1, 2009, the project sponsor shall
demonstrate, to the satisfaction of the
commissioner or the
commissioner's
designee, that energy conservation measures implemented as part of eligible
offset projects listed in subdivision (1) of this subsection have a market
penetration rate of less than 5%. Offset projects initiated on or after January
1, 2009 shall also meet the applicable requirements set forth in subparagraphs
(A)(iii) and (C) of this subdivision. For offset projects initiated prior to
2009, energy conservation measures implemented as part of eligible offset
projects listed in subdivision (1) of this subsection shall meet the following
performance or prescriptive criteria, as applicable:
(A) Combustion equipment. Combustion
equipment shall meet the following energy efficiency performance and other
requirements, as applicable:
(i) Commercial
boilers. Commercial boilers shall meet the following energy efficiency criteria
set forth in Table 31a-2:
Table 31a-2
|
Minimum Commercial Boiler Energy Efficiency
|
|
Technology
|
Size (Btu/hr)
|
Rating Method
|
Min. Efficiency
|
|
Gas-firedb
|
125,000-3000,000
|
AFUE
|
[GREATER THAN EQUAL TO] 88.0%
|
|
300,00-12,500,00
|
Thermal
Efficiencya
|
[GREATER THAN EQUAL TO] 90.0%
|
|
Oil-fired
|
greater than300,000
|
Thermal Efficiency
|
[GREATER THAN EQUAL TO] 84.0%
|
|
a For purposes of Table
31a-2, "Thermal Efficiency" means the useful energy output (Btu) divided by
energy input (Btu) and presented as a percentage measured under steady state
conditions, at full rated useful thermal output, 140°F supply from and 120°F
return water temperature to the boiler.
b Gas-fired boilers shall
be installed with controls that allow the boiler to operate in condensing mode
and installed with vents designed for positive vent static pressure and vent
gas temperature that leads to condensate production in the vent.
|
(ii)
Residential combustion equipment. Residential combustion equipment, furnaces,
boilers and water heaters, shall meet or exceed the following energy efficiency
criteria set forth in Table 31a-3:
Table 31a-3
|
Minimum Residential Combustion
Equipment
a
Energy
Efficiency
|
|
Technology
|
Rating Method
|
Min. Efficiency
|
|
Gas-fired furnace
|
AFUE
|
= 94%
|
|
Oil-fired furnace
|
AFUE
|
= 92%
|
|
Gas/oil-fired boiler
|
AFUE
|
= 90%
|
|
Gas/oil-fired water heater
|
Energy Factor
|
= 0.62
|
|
a For purposes of Table
31a-3, "furnace" means equipment with a heat input rate of less than 225,000
Btu/hr; "boiler" means equipment with a heat input rate of less than 300,000
Btu/hr; and "water heater" means equipment subject to 10 CFR 430.
|
(iii)
Installation best practice for commercial HVAC systems. Combustion equipment
and related air handling equipment (HVAC systems) shall be sized and installed
in accordance with ANSI/ASHRAE/IESNA Standard 90.1-2004: Energy Standard for
Buildings Except Low-Rise Residential Buildings and ANSI/ASHRAE Standard
62.1-2004: Ventilation for Acceptable Indoor Air Quality; and
(iv) Installation best practice for
residential HVAC systems. Residential HVAC systems shall meet the applicable
sizing and installation specifications of "Specification of Energy-Efficient
Installation and Maintenance Practices for Residential HVAC Systems,"
Consortium for Energy Efficiency, 2000;
(B) Non-combustion energy conservation
measures. Energy conservation measures implemented as part of an offset project
or actions pursuant to subdivision (1)(B) to (G), inclusive, of this subsection
shall meet the applicable requirements, as specified, inEnergy
Benchmark for High Performance Buildings, Version 1.1, New Buildings
Institute, 2005 (referred to as EBHPB in this section), or state building
energy codes, whichever are more stringent as demonstrated by the offset
project sponsor. Energy conservation measures without specified performance
criteria in the referenced EBHPB shall meet the requirements of Federal Energy
Management Program (FEMP) Product Energy Efficiency Recommendations, issued
pursuant to Executive Orders 13123 and 13221, or Energy Star criteria issued
jointly by the U.S. Environmental Protection Agency and U.S. Department of
Energy, whichever result in better energy performance as demonstrated by the
offset project sponsor; and
(C)
Whole-building energy performance. New buildings or whole building retrofits
that incorporate offsets projects or actions shall also meet the following
requirements:
(i) Commercial buildings.
Commercial buildings shall exceed the energy performance requirements of
ANSI/ASHRAE/IESNA Standard 90.1-2004: Energy Standard for Buildings Except
Low-Rise Residential Buildings by 30%, with the exception of multi-family
residential buildings classified as commercial by ANSI/ASHRAE/IESNA Standard
90.1-2004, which shall exceed these energy performance requirements by 20%;
and
(ii) Residential buildings.
Residential buildings shall exceed the energy performance requirements of the
2004 International Energy Conservation Code Supplement by 30%.
(4) Emissions baseline
determination. The emissions baseline shall be determined based on energy usage
(MMBtu) by fuel type for each energy conservation measure, derived using
historic fuel use data from the most recent calendar year for which data is
available, multiplied by an emission factor and oxidation factor for each
respective fuel set forth in Table 31a-4:
Table 31a-4
|
Fuel
|
Emission Factor (lbs.
CO
2
/MMBtu)
|
Oxidation Factor
|
|
Natural Gas
|
116.98
|
0.995
|
|
Propane
|
139.04
|
0.995
|
|
Distillate Fuel Oil
|
161.27
|
0.99
|
|
Kerosene
|
159.41
|
0.99
|
(A) Isolation of
applicable energy conservation measure baseline. The project sponsor shall
isolate the baseline energy usage of the application to be targeted by the
energy conservation measure, in a manner consistent with the requirements set
forth in subdivision (6) of this subsection;
(B) Annual baseline energy usage shall be
determined as follows:
Click
here to view image.
Where:
BEUAECM = Annual pre-installation
baseline energy use by fuel type (MMBtu) attributable to the application to be
targeted by the energy conservation measure or measures. If applicable building
codes or equipment standards require that equipment or materials installed as
part of the offset project meet certain minimum energy performance
requirements, baseline energy usage for the application shall assume that
equipment or materials are installed that meet such minimum requirements. For
offset projects that replace existing combustion equipment, the assumed minimum
energy performance required by applicable building codes or equipment standards
shall be that which applies to new equipment that uses the same fuel type as
the equipment being replaced. Baseline energy usage shall be determined in
accordance with the applicable requirements set forth in subdivision (6) of
this subsection; and
A = Adjustments to account for differing conditions during the
two time periods, pre-installation and post-installation, such as weather and
building occupancy. Adjustments shall be determined in accordance with the
applicable requirements in subdivision (6) of this subsection; and
(C) Annual baseline emissions
shall be determined as follows:
Click
here to view image.
Where:
BEUi = Annual baseline energy usage for
fuel type i (MMBtu) demonstrated pursuant to the requirements at subdivision
(6)(A) to (D), inclusive, of this subsection;
EFi = Emissions factor (lbs.
CO2/MMBtu) for fuel type i listed at subdivision (4),
Table 31a-4 of this subsection; and
OFi = Oxidation factor for fuel type i
listed at subdivision (4), Table 31a-4 of this subsection.
(5) Calculating emissions
reductions. Emissions reductions shall be determined based upon annual energy
savings by fuel type (MMBtu) for each energy conservation measure, multiplied
by the emission factor and oxidation factor for the respective fuel type in
subdivision (4), Table 31a-4 of this subsection.
(A) Annual energy savings shall be determined
as follows:
Click
here to view image.
Where:
BEUAECM = Annual pre-installation
baseline energy use by fuel type (MMBtu) calculated pursuant to subdivision
(6)(A) to (D), inclusive, of this subsection;
PIEUECM = Annual post-installation
energy use by fuel type (MMBtu) attributable to the energy conservation
measure. Post-installation energy usage shall be determined in accordance with
the applicable requirements in subdivision (6) of this subsection; and
A = Adjustments to account for any differing conditions during
the two time periods, pre-installation and post-installation, including but not
limited to weather, building occupancy, and changes in building use or
function. Adjustments shall be determined in accordance with the applicable
requirements at subdivision (6) of this subdivision; and
(B) Annual emissions reductions shall be
determined as follows:
Click
here to view image.
Where:
ESi = Energy savings for fuel type i
(MMBtu) demonstrated pursuant to the requirements at subdivision (6) of this
subsection;
EFi = Emissions factor (lbs.
CO2/MMBtu) for fuel type i listed at subdivision (4),
Table 31a-4 of this subsection; and
OFi = Oxidation factor for fuel type i
listed in subdivision (4), Table 31a-4 of this subsection.
(6) Monitoring and verification
requirements. As part of the consistency application, the project sponsor shall
provide a monitoring and verification plan certified by an independent verifier
accredited pursuant to subsection (i) of this section.
Annual monitoring and verification reports shall be certified
by an independent verifier accredited pursuant to subsection (i) of this
section. Independent verifiers shall conduct a site audit when reviewing the
first monitoring and verification report submitted by the project sponsor,
except for offset projects that save less than 1,500 MMBtu per year. For offset
projects that save less than 1,500 MMBtu per year, the project sponsor shall
provide the independent verifier with equipment specifications and copies of
equipment invoices and other relevant offset project-related invoices. All
offset project documentation, including the consistency application and
monitoring and verification reports, shall be signed by a Professional
Engineer, identified by license number. Monitoring and verification shall also
meet the following requirements:
(A)
General energy measurement and verification requirements. Monitoring and
verification of energy usage shall be demonstrated through a documented process
consistent with the following protocols and procedures, as applicable:
(i) For existing commercial buildings, the
determination of baseline energy usage shall be consistent with the
International Performance Measurement & Verification Protocol, Volume I:
Concepts and Options for Determining Energy and Water Savings (IPMVP), "Option
B. Retrofit Isolation" and "Option D. Calibrated Simulation." If a building
project involves only energy conservation measures implemented as part of a
CO2 emissions offset project, a process consistent with
IPMVP "Option C. Whole Facility" may be used, as applicable. Any application of
the IPMVP general guidance shall be consistent with the applicable detailed
specifications in ASHRAE Guideline 14-2002, Measurement of Energy and Demand
Savings;
(ii) For new commercial
buildings, the determination of baseline energy usage shall be consistent with
the International Performance Measurement & Verification Protocol, Volume
III: Concepts and Options for Determining Energy Savings in New Construction
(IPMVP), "Option D. Calibrated Simulation." Any application of the IPMVP
general guidance shall be consistent with the applicable detailed
specifications in ASHRAE Guideline 14-2002, Measurement of Energy and Demand
Savings; and
(iii) For existing and
new residential buildings, the determination of baseline energy usage shall be
consistent with the requirements of the RESNET National Home Energy Rating
Technical Guidelines, 2006 (Chapter 3 and Appendix A of the 2006 Mortgage
Industry National Home Energy Rating System Standards);
(B) Isolation of applicable energy
conservation measure. In calculating both baseline energy usage and energy
savings, the applicant shall isolate the impact of each eligible energy
conservation measure (ECM), either through direct metering or energy simulation
modeling. For offset projects with multiple ECMs, and where individual ECMs can
affect the performance of others, the sum of energy savings due to individual
ECMs shall be adjusted to account for the interaction of ECMs. For commercial
buildings, this process shall be consistent with the requirements of ASHRAE
Guideline 14-2002, Measurement of Energy and Demand Savings, and
ANSI/ASHRAE/IESNA Standard 90.1-2004: Energy Standard for Buildings Except
Low-Rise Residential Buildings. For residential buildings, this process shall
be consistent with the requirements of RESNET National Home Energy Rating
Technical Guidelines, 2006, Chapter 3 and Appendix A of 2006 Mortgage Industry
National Home Energy Rating System Standards. Reductions in energy usage due to
the energy conservation measure shall be based upon actual energy usage data.
Energy simulation modeling shall only be used to determine the relative
percentage contribution to total fuel usage, for each respective fuel type, of
the application targeted by the energy conservation measure;
(C) Calculation of energy savings. Annual
energy savings are to be determined based on the following:
Energy Savings (MMBtu) = (BEUAECM x A) -
(PIEUECM x A)
Where:
BEUAECM = Annual pre-installation
baseline energy use by fuel type (MMBtu) attributable to the application to be
targeted by the energy conservation measure or measures, based upon annual fuel
usage data for the most recent calendar year for which data is available. For
new buildings, baseline energy use for a reference building equivalent in basic
configuration, orientation, and location to the building in which the eligible
energy conservation measure or measures is implemented shall be determined
according to ASHRAE Guideline 14-2002, Measurement of Energy and Demand Savings
and ANSI/ASHRAE/IESNA Standard 90.1-2004, Section 11 and Appendix G. Where
energy simulation modeling is used to evaluate an existing building, modeling
shall be conducted in accordance with ASHRAE Guideline 14-2002, Measurement of
Energy and Demand Savings, and ANSI/ASHRAE/IESNA Standard 90.1-2004, Section 11
and Appendix G. For existing and new residential buildings, energy simulation
modeling shall be conducted in accordance with the requirements of RESNET
National Home Energy Rating Technical Guidelines, 2006, Chapter 3 and Appendix
A of 2006 Mortgage Industry National Home Energy Rating System
Standards;
PIEUECM = Annual post-installation
energy use by fuel type (MMBtu) attributable to the energy conservation
measure, to be verified based on annual energy use after installation of the
energy conservation measure or measures, consistent with the requirements of
ASHRAE Guideline 14-2002, Measurement of Energy and Demand Savings. Where
energy simulation modeling is used to evaluate a new or existing building,
modeling shall be conducted in accordance with ASHRAE Guideline 14-2002,
Measurement of Energy and Demand Savings, and ANSI/ASHRAE/IESNA Standard
90.1-2004, Section 11 and Appendix G. For existing and new residential
buildings, energy simulation modeling shall be consistent with the requirements
of RESNET National Home Energy Rating Technical Guidelines, 2006, Chapter 3 and
Appendix A of 2006 Mortgage Industry National Home Energy Rating System
Standards; and
A = Adjustments to account for any differing conditions during
the two time periods (pre-installation and post-installation), such as weather
(weather normalized energy usage based on heating and cooling degree days),
building occupancy, and changes in building use or function. For commercial
buildings, adjustments shall be consistent with the specifications of ASHRAE
Guideline 14-2002, Measurement of Energy and Demand Savings, and
ANSI/ASHRAE/IESNA Standard 90.1-2004, Section 11 and Appendix G. For
residential buildings, adjustments shall be consistent with the specifications
of RESNET National Home Energy Rating Technical Guidelines, 2006, Chapter 3 and
Appendix A of 2006 Mortgage Industry National Home Energy Rating System
Standards; and
(D)
Provision for sampling of multiple like offset projects in residential
buildings. Offset projects that implement similar measures in multiple
residential buildings may employ representative sampling of buildings to
determine aggregate baseline energy usage and energy savings. The commissioner
or their designee shall approve sampling protocols. All sampling plans shall be
certified by an independent verifier, accredited pursuant to subsection (i) of
this section.
(h)
Avoided Methane
(CH4) Emissions from
Agricultural Manure Management Operations
(1) Eligibility. Offset projects that capture
and destroy methane from animal manure and organic food
waste using anaerobic
digesters shall meet the requirements of this subsection and all other
applicable requirements of this section, to qualify for the award of
CO
2 offset allowances. In addition, eligible offset
projects shall meet the following requirements:
(A) CO2 offset
allowances may be awarded for the destruction of that portion of methane
generated by the anaerobic digester that would have been generated in the
absence of the offset project through the uncontrolled anaerobic storage of
manure or organic food wastes;
(B)
Eligible offset projects shall employ only manure-based anaerobic digester
systems using livestock manure as the majority of digester feedstock, defined
as 50% or more of the mass input into the digester on an annual basis. Organic
food waste used by an anaerobic digester shall only be that which would have
been stored in anaerobic conditions in the absence of the offset
project;
(C) The provisions of
subsection (c)(5)(B) and (C) of this section shall not apply to agricultural
manure methane offset projects provided either:
(i) The offset project is located in a state
that has a market penetration rate for anaerobic digester projects of 5% or
less. The market penetration determination shall utilize the most recent market
data available at the time of submission of the consistency application and
shall be determined as follows:
MP (%) =
MGAD/MGSTATE
Where:
MGAD = Average annual manure generation
for the number of dairy cows and swine serving all anaerobic digester projects
in the applicable U.S. state at the time of submission of a consistency
application pursuant to subsection (c)(10) of this section; and
MGSTATE = Average annual manure
production of all dairy cows and swine in that U.S. state at the time of
submission of a consistency application pursuant to subsection (c)(10) of this
section;
or
(ii) The
offset project is located at a farm with 4,000 or less head of dairy cows, or a
farm with equivalent animal units, assuming an average live weight for dairy
cows (lbs./cow) of 1,400 lbs., or, if the project is a regional-type digester,
total annual manure input to the digester is designed to be less than the
average annual manure produced by a farm with 4,000 or less head of dairy cows,
or a farm with equivalent animal units, assuming an average live weight for
dairy cows (lbs./cow) of 1,400 lbs.
(2) Offset project description. The project
sponsor shall provide a detailed narrative of the offset project, including
supporting materials as appropriate. The offset project narrative shall include
the following:
(A) The name or names and
addresses of the owner and operator of the offset project;
(B) Location and specifications of the
facility where the offset project is proposed to occur;
(C) The name or names and addresses of the
owner and operator of the facility where the offset project is proposed to
occur;
(D) Specifications of the
equipment to be installed and a technical schematic of the offset project;
and
(E) Location and specifications
of the facilities from which anaerobic digester influent will be received, if
different from the facility where the offset project is proposed to
occur.
(3) Emissions
baseline determination. The emissions baseline shall represent the potential
emissions of the CH
4 that would have been produced in a
baseline scenario under uncontrolled anaerobic
storage conditions and released
directly to the atmosphere in the absence of the offset project.
(A) Baseline CH
4
emissions shall be calculated as follows:
CO2e (tons) = (Vm
× M)/2000 × GWP
Where:
CO2e = Potential
CO2e emissions due to calculated
CH4 production under site-specific anaerobic storage and
weather conditions;
Vm = Volume of
CH4 produced each month from degradation of volatile
solids in a baseline uncontrolled anaerobic storage scenario under
site-specific storage and weather conditions for the facility at which the
manure is generated (ft3);
M = Mass of CH4 per cubic foot (0.04246
lb/ft3 default value at one atmosphere and 20°C);
and
GWP = Global warming potential of CH4
(23);
(B) The estimated
amount of volatile solids degraded each month under the uncontrolled anaerobic
storage baseline scenario (kg) shall be calculated as follows:
VSdeg = VSavail
×
f
Where:
VS = volatile solids as determined from the equation:
VS = Mm
×TS%
×
VS%
Where:
Mm = mass of manure or organic good
waste produced per month (kg);
TS% = Concentration (percent) of total
solids in manure or organic food waste as determined through EPA 160.3 testing
method (U.S.EPA Method Number 160.3, Methods for the Chemical Analysis of Water
and Wastes (MCAWW) (EPA/600/4-79/020));
VS% = Concentration (percent) of
volatile solids in total solids as determined through EPA 160.4 testing method
(USEPA Method Number 160.4, Methods for the Chemical Analysis of Water and
Wastes (MCAWW) (EPA/600/4-79/020)); and
VSavail = Volatile solids available for
degradation in manure or organic food waste storage each month as determined
from the equation:
VSavail = VSp +1/2
VSin - VSout
Where:
VSp = Volatile solids present in manure
or organic food waste storage at beginning of month (left over from previous
month) (kg);
VSin = Volatile solids added to manure
or organic food waste storage during the course of the month (kg). The factor
of 1/2 is multiplied by this number to represent the average mass of volatile
solids available for degradation for the entire duration of the month;
VSout = Volatile solids removed from the
manure or organic food waste storage for land application or export (assumed
value based on standard farm practice); and
f = Van't Hoff-Arrhenius factor for the specific month as
determined using the equation below. Using a base temperature of 30°C, the
equation is as follows:
f = exp[E × (T2 - T)]/[(GC ×
T1
× T2)]
Where:
f = conversion efficiency of VS to CH4
per month;
E = Activation energy constant (15,175 cal/mol);
T2 = Average monthly ambient temperature
for farm (converted from °Celsius to °Kelvin) as determined from the nearest
National Weather Service certified weather station (if reported temperature °C
greater than 5°C; if reported temperature °C less than 5°C, then F =
0.104);
T1 = 303.16 (30° C converted to °K);
and
GC = Ideal gas constant (1.987 cal/K mol); and
(C) The volume of
CH
4 produced (ft
3) from
degradation of volatile solids shall be calculated as follows:
Vm = (VSdeg
×
Bo) x 35.3147
Where:
Vm = Volume of
CH4 (ft3);
VSdeg = Volatile solids degraded (kg);
and
Bo = Manure or organic food waste
type-specific maximum methane generation constant
(m3 CH4/kg VS degraded). For
dairy cow manure, Bo = 0.24
m3 CH4/kg VS degraded. The
methane generation constant for other types of manure shall be those cited at
U.S. EPA,Inventory of U.S. Greenhouse Gas Emissions and Sinks:
1990-2001, Annex 3, Table A-162 (U.S. EPA, April 2007), unless the
project sponsor proposes an alternate methane generation constant. If the
project sponsor proposes to use a methane generation constant other than that
provided in said Table A-162, the project sponsor shall provide justification
and documentation to the commissioner or the commissioner's designee.
(4) Calculating
emissions reductions. Emissions reductions shall be determined based on the
potential emissions (in tons of CO
2e) of the
CH
4 that would have been produced in the absence of the
offset project under a baseline scenario that represents uncontrolled anaerobic
storage conditions, as calculated pursuant to subdivision (3) of this
subsection, and released directly to the atmosphere. Emissions reductions may
not exceed the potential emissions of the digester, as represented by the
annual volume of CH
4 produced by the anaerobic digester,
as monitored pursuant to subdivision (5) of this subsection. If the project is
a regional-type digester, CO
2 emissions due to
transportation from the site where the manure or organic food
waste was
generated to the anaerobic digester shall be subtracted from the emissions
reduction calculated pursuant to subdivision (3) of this subsection.
Transportation related CO
2 emissions shall be determined
through one of the following methods:
(A)
Documentation of transportation fuel use for all shipments of manure or organic
food
waste to the anaerobic digester during each reporting year and a log of
transport miles for each shipment. CO
2 emissions shall
be determined through the application of an emissions factor for the fuel type
used. If this option is chosen, the following emission factors shall be applied
as appropriate:
(i) Diesel fuel: 22.912 lbs.
CO2/gallon;
(ii) Gasoline: 19.878 lbs.
CO2/gallon; or
(iii) Other fuel: submitted emission factor
approved by the commissioner or the commissioner's designee; and
(B) Documentation of total tons of
manure or organic food
waste transported from off-site for input into the
anaerobic digester during each reporting year, as monitored pursuant to
subdivision (5)(A) of this subsection, and a log of transport miles and fuel
type used for each shipment. CO
2 emissions shall be
determined through the application of a ton-mile transport emission factor for
the fuel type used. If this option is chosen, the following emission factors
shall be applied as appropriate for each ton of manure delivered, and
multiplied by the number of miles transported:
(i) Diesel fuel: 0.131 lbs.
CO2 per ton-mile;
(ii) Gasoline: 0.133 lbs.
CO2 per ton-mile; or
(iii) Other fuel: submitted emission factor
approved by the commissioner or the commissioner's designee.
(5) Monitoring and
verification requirements. Offset projects shall employ a system that provides
metering of biogas volumetric flow rate and determination of
CH
4 concentration. Annual monitoring and verification
reports shall include monthly biogas volumetric flow rate and
CH
4 concentration determination. Monitoring and
verification shall also meet the following requirements:
(A) If the offset project is a regional-type
digester, manure and organic food waste from each distinct supply source
supplying to the anaerobic digester shall be sampled monthly to determine the
amount of volatile solids present. Any emissions reduction shall be calculated
according to mass of manure and organic food waste (kg) being digested and
percentage of volatile solids present before digestion, consistent with the
requirements at subdivisions (3) and (5)(C) of this subsection, and apportioned
accordingly. The project sponsor shall provide supporting material and receipts
tracking the monthly receipt of manure and organic food waste (kg) used to
supply the anaerobic digester from each manure supplier;
(B) If the offset project includes the
digestion of organic food wastes eligible pursuant to subdivision (1)(A) of
this subsection, organic food wastes shall be sampled monthly to determine the
amount of volatile solids present before digestion, consistent with the
requirements of subdivision (3) of this subsection, and apportioned
accordingly;
(C) The project
sponsor shall submit a monitoring and verification plan as part of the
consistency application that includes a quality assurance and quality control
program associated with equipment used to determine biogas volumetric flow rate
and CH4 composition. The monitoring and verification
plan shall be specified in accordance with the monitoring requirements listed
in Table 31a-5, Input Monitoring Requirements, as applicable. The monitoring
and verification plan shall also include provisions for ensuring that measuring
and monitoring equipment is maintained, operated, and calibrated based on
manufacturer's recommendations, as well as provisions for the retention of
maintenance records for audit purposes. The monitoring and verification plan
shall be certified by an independent verifier accredited pursuant to subsection
(i) of this section; and
(D) The
project sponsor shall quarterly verify biogas CH
4
composition through gas sampling and third party laboratory analysis using
applicable U.S. EPA test methods.
Table 31a-5 Input Monitoring Requirements
|
Input Parameter
|
Measurement Unit
|
Frequency of Sampling
|
Sampling Method or Methods
|
|
Influent flow (mass) into the digester
|
Kilograms (kg) per month (wet weight)
|
Monthly total into the digester
|
a) Average herd population and American Society of
Agricultural and Biological Engineers (ASABE) standard (ASAE D384.2, March
2005)
b) Digester influent pump flow
c) Recorded weight
|
|
Influent total solids concentration
(TS)
|
Percent (of sample)
|
Monthly, depending upon recorded
variations
|
U.S. EPA Method Number 160.3, Methods for the Chemical
Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020)
|
|
Influent volatile solids (VS)
concentration
|
Percent (of TS)
|
Monthly, depending upon recorded
variations
|
USEPA Method Number 160.4, Methods for the Chemical
Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020)
|
|
Average monthly ambient temperature
|
Temperature °C
|
Monthly (based on farm averages)
|
Closest National Weather Service-certified weather
station
|
(i)
Accreditation of Independent
Verifiers
(1) Standards for
accreditation. Independent verifiers may be accredited by the
commissioner or
the
commissioner's designee to provide verification services as required of
project sponsors under this section, provided that independent verifiers meet
all of the requirements of this subsection.
(A) Persons selected to perform verification
services shall:
(i) Demonstrate knowledge of
utilizing engineering, accounting and auditing principles sufficient to
quantify greenhouse gas emissions, and develop and evaluate air emissions
inventories;
(ii) Demonstrate
knowledge of information management systems;
(iii) Demonstrate knowledge of the
requirements of this section and section
22a-174-31
of the Regulations of Connecticut State Agencies;
(iv) Demonstrate that no direct or indirect
financial relationship, beyond a contract for provision of verification
services, exists with any offset project developer or sponsor;
(v) Employ staff with, knowledge, experience,
and where appropriate, professional licenses appropriate to the specific
category(ies) of offset projects specified in subsections (d) to (h),
inclusive, of this section that they seek to verify;
(vi) Certify that such person holds a minimum
of one million U.S. dollars of professional liability insurance. If the
insurance is in the name of a related entity, the verifier shall disclose the
financial relationship between the verifier and the related entity, and provide
documentation supporting the description of the relationship; and
(vii) Demonstrate that adequate protocols are
established to avoid conflicts of interest with regard to an offset project,
offset project developer, or project sponsor, or any other party with a direct
or indirect financial interest in an offset project that is seeking or has been
granted an approval under subsection (c) of this section; and
(B) Applicants shall possess such
other qualifications as may be required by the commissioner to provide
competent verification services for individual CO2
emissions offset categories specified in subsections (d) to (h), inclusive, of
this section.
(2)
Pre-qualification of verifiers. The commissioner or the commissioner's designee
may require prospective independent verifiers to successfully complete a
training course, workshop or test developed by the commissioner or the
commissioner's designee prior to submitting an application for
accreditation.
(3) Application for
accreditation. An independent verifier shall submit an application for
accreditation to the
commissioner. The application shall include sufficient
information to demonstrate that the applicant meets all accreditation standards
required at subdivisions (1)(A)(i) to (vii), inclusive, of this subsection. The
independent verifier's application for accreditation shall:
(A) Provide the applicant's name, address,
e-mail address, telephone number, and facsimile transmission number;
(B) Demonstrate that the applicant has at
least two years of experience in each of the knowledge areas specified in
subdivisions (1)(A)(i) and (ii) of this subsection, and as may be required
pursuant to subdivision (1)(B) of this subsection;
(C) Verify that the applicant has
successfully completed the requirements of subdivision (2) of this subsection,
as applicable;
(D) Include a sample
of at least one non-proprietary work product that provides supporting evidence
that the applicant meets the requirements, as applicable, in subdivision (1)(A)
of this subsection. The work product shall have been produced, in whole or
part, by the applicant and shall consist of a final report or other material
provided to a client under contract in previous work. For a work product that
was jointly produced by the applicant and another entity, the role of the
applicant in the work product shall be clearly explained;
(E) Provide documentation that the applicant
holds professional liability insurance as required pursuant to subdivision
(1)(A)(vi) of this subsection; and
(F) Provide documentation that the applicant
has implemented an adequate management protocol required pursuant to
subdivision (1)(A)(vii) of this subsection to address and remedy any conflict
of interest issues that may arise.
(4) The commissioner shall approve or deny a
complete application for accreditation not later than 90 days after submission.
Upon approval of an application for accreditation, the independent verifier
shall be accredited for a period of three years from the date of application
approval.
(5) Independent verifiers
that have been accredited in other participating states shall be deemed
accredited in Connecticut.
(6)
Conduct of accredited verifiers.
(A) Prior to
engaging in verification services for an offset project sponsor, the accredited
verifier shall disclose all relevant information to the commissioner or the
commissioner's designee to allow for an evaluation of potential conflict of
interest with respect to an offset project, offset project developer, or
project sponsor. The accredited verifier shall disclose information concerning
its ownership, past and current clients, related entities, as well as any other
facts or circumstances that have the potential to create a conflict of
interest;
(B) Accredited verifiers
shall have an ongoing obligation to disclose to the commissioner or the
commissioner's designee any facts or circumstances that may give rise to a
conflict of interest with respect to an offset project, offset project
developer, or project sponsor;
(C)
Rejection of verification reports. The commissioner or the commissioner's
designee may reject a verification report and certification statement from an
accredited verifier, that is submitted as part of a consistency application
required pursuant to subsection (c) of this section or submitted as part of a
monitoring and verification report submitted pursuant to subsection (j) of this
section, if the commissioner or the commissioner's designee determines that the
accredited verifier has a conflict of interest related to the offset project,
offset project developer, or project sponsor; and
(D) Revocation of accreditation. The
commissioner or the
commissioner's designee may revoke the accreditation of a
verifier at any time given cause, for any of the following:
(i) Failure to fully disclose any issues that
may lead to a conflict of interest situation with respect to an offset project,
offset project developer, or project sponsor;
(ii) Lack of qualification due to changes in
staffing or other criteria;
(iii)
Negligence or neglect of responsibilities pursuant to the requirements of this
section; and
(iv) Intentional
misrepresentation of data or other intentional fraud.
(j)
Award and
Recordation of CO2Offset Allowances
(1) Quantities of CO2
offset allowances awarded. Following the issuance of a consistency
determination under subsection (c)(12) of this section and the approval of a
monitoring and verification report under the provisions of subdivision (5) of
this subsection, the commissioner or their designee shall award one
CO2 offset allowance for each ton of demonstrated
reduction in CO2 or CO2
equivalent emissions or sequestration of CO2.
(2) CO2 emissions
credit retirement. If a project sponsor received a consistency determination
pursuant to subsection (c)(12) of this section, one CO2
offset allowance shall be awarded for each ton of reduction of
CO2 or CO2 equivalent or
sequestration of CO2, represented by the relevant
credits or allowances retired. If a credit or allowance is represented in
metric tons, 1.1023 tons shall be awarded for every metric ton, provided that
total CO2 offset allowances awarded shall be rounded
down to the nearest whole ton.
(3)
Recordation of CO2 offset allowances. After
CO2 offset allowances are awarded under this subsection
the commissioner or the commissioner's designee shall record such
CO2 offset allowances in the project sponsor's general
account.
(4) Place for filing
monitoring and verification reports. The monitoring and verification report
shall be filed with the same participating state that issued the consistency
determination for the offset project pursuant to subsection (c)(12) of this
section.
(5) Deadlines for
submittal of monitoring and verification reports.
(A) For CO2 emissions
offset projects undertaken prior to January 1, 2009, the project sponsor shall
submit the monitoring and verification report covering the pre-2009 period no
later than June 30, 2009; and
(B)
For CO2 emissions offset projects undertaken on or after
January 1, 2009, the monitoring and verification report shall be submitted not
later than 6 months following the completion of the last calendar year during
which the offset project achieved CO2 equivalent
reductions or sequestration of CO2 for which the project
sponsor seeks the award of CO2 offset
allowances.
(6) Contents
of monitoring and verification reports. For an offset project, the monitoring
and verification report shall include the following information:
(A) The project's sponsor's name, address,
e-mail address, telephone number, facsimile transmission number, and account
number;
(B) The
CO2 emissions reduction or CO2
sequestration determination as required by the relevant provisions of this
section, including a demonstration that the project sponsor complied with the
required quantification, monitoring, and verification procedures under this
section, as well as those outlined in the consistency application approved
pursuant to subsection (c)(12) of this section;
(C) The following statement signed by the
offset project sponsor:
"The undersigned project sponsor hereby confirms and attests
that the offset project upon which this monitoring and verification report is
based is in full compliance with all of the requirements of Section
22a-174-31
a of the Regulations of Connecticut State Agencies. The project sponsor holds
the legal rights to the offset project, or has been granted the right to act on
behalf of a party that holds the legal rights to the offset project. I
understand that eligibility for the award of CO2 offset
allowances under Section
22a-174-31
a of the Regulations of Connecticut State Agencies is contingent on meeting the
requirements of said section. I authorize the commissioner or the
commissioner's designee to audit this offset project for purposes of verifying
that the offset project, including the monitoring and verification plan, has
been implemented as described in the consistency application that was the
subject of a consistency determination by the commissioner or the
commissioner's designee. I understand that this right to audit shall include
the right to enter the physical location of the offset project. I submit to the
legal jurisdiction of the State of Connecticut."; and
(D) A verification report and certification
statement signed by an independent verifier accredited pursuant to subsection
(i) of this section documenting that the independent verifier has reviewed the
monitoring and verification report and evaluated the following in relation to
the applicable requirements of this section, and any applicable guidance issued
by the
commissioner or the
commissioner's designee. Such verification report
and certification statement shall also include:
(i) A statement of the adequacy and validity
of information supplied by the project sponsor to determine
CO2 emissions reductions or CO2
sequestration pursuant to the applicable requirements of this
section;
(ii) A statement of the
adequacy and consistency of methods used to quantify, monitor, and verify
CO2 emissions reductions and CO2
sequestration in accordance with the applicable requirements of this section
and as outlined in the consistency application approved pursuant to subsection
(c)(12) of this section; and
(iii)
Such other evaluations and verification reviews as may be required by the
commissioner or the commissioner's designee to determine the adequacy and
validity of information supplied by the project sponsor and to demonstrate that
the offset project meets the applicable eligibility requirements of this
section;
(E) Disclosure
of any voluntary or mandatory programs, other than the
CO2 Budget Trading Program, to which greenhouse gas
emissions data related to the offset project has been, or will be reported;
and
(F) For offset projects located
in a state or United States jurisdiction that is not a participating state, a
demonstration that the project sponsor has complied with all requirements of
the cooperating regulatory agency in the state or United States jurisdiction
where the offset project is located.
(7) Commissioner action on monitoring and
verification reports. The commissioner or the commissioner's designee shall
approve or deny, with or without conditions, a complete monitoring and
verification report not later than 90 days following receipt of a complete
report.
