5 Colo. Code Regs. § 1001-26-E-VIII

Current through Register Vol. 47, No. 16, August 25, 2024

Section 5 CCR 1001-26-E-VIII - [Effective 9/15/2024] Adopted July 18, 2024 (Revisions to Regulation Number 22, Part C)

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the State Administrative Procedure Act, § 24-4-101, C.R.S., et seq., the Colorado Air Pollution Prevention and Control Act, § 25-7-101, C.R.S., et seq., and the Air Quality Control Commission's (Commission) Procedural Rules, 5 C.C.R. §1001-1.

Basis

The Commission adopted administrative amendments to Part C to update certain references and incorporations by reference for recovered methane protocols.

Specific Statutory Authority

The recovered methane protocols set forth were adopted consistent with the Commission's authority set forth in § 25-7-105(1)(e) (X.4), C.R.S. The Commission is updating all incorporations by reference to the most current versions of the incorporated codes, standards, guidelines, and rules in Regulation Number 22 consistent with § 24-4-103 (12.5), C.R.S.

Purpose

The following section sets forth the Commission's purpose in adopting the revisions to Regulation Number 22, Part C.

At Part C, Section I.B.6. and throughout the rule (see Sections I.C.3.a., I.C.5.a., and I.D.3.), the amended language removes the term "American Carbon Registry" and substitutes it with "ACR" since the American Carbon Registry changed its name to ACR on October 5, 2023.

At Part C, Sections I.C.3.a. and I.C.5.a., the Commission updated the incorporation by reference dates of the Errata and Clarification issued by ACR for the recovered methane protocols for municipal solid wasteland fills and coal mine methane.

Additionally, the amendments update the reference in Section I.D.2.a.(ii) from Regulation Number 22, Part B, Sections II.I.2.a. through II.I.2.e. to Regulation Number 27, Part D, Sections II.C.1. through II.C.7. due to the Greenhouse Gas Emissions and Energy Management for Manufacturers ("GEMM") Rule being moved from Regulation Number 22, Part B, Section II. to Regulation Number 27 on April 20, 2023.

Finally, the November 18, 2022 Statement of Basis, Specific Statutory Authority and Purpose referenced The ACR Standard, Requirements and Specifications for the Quantifications, Monitoring, Reporting, Verification, and Registration of Project-Based GHG Emissions Reductions and Removals (Dec. 2020).

Moving forward, those utilizing ACR protocols for recovered methane as referenced in Part C should follow the updated version of The ACR Standard (version 8.0) issued on July 1, 2023.

Additional Considerations

Section 25-7-110.5(5)(b), C.R.S.

The revisions to Regulation Number 22, Part C, are administrative in nature and do not exceed or differ from the requirements of the federal act or rules, therefore, 25-7-110.5(5)(a) does not apply.

Findings of Fact

(I) These rules are based upon reasonably available, validated, reviewed, and sound scientific methodologies, and the Commission has considered all information submitted by interested parties.

(II) Though much of the adopted rules are administrative in nature, to the extent they require emission reduction, evidence in the record supports the finding that the rules shall result in a demonstrable reduction of greenhouse gas emissions.

(III) Evidence in the record supports the finding that the rules will bring about reductions in risks to human health and the environment that justify the costs to implement and comply with the rules.

(IV) The rules are the most cost-effective alternative to achieve the necessary reduction in air pollution and provide the regulated entity flexibility.

(V) The selected regulatory alternative will maximize the air quality benefits of regulation in the most cost-effective manner.

5 CCR 1001-26-E-VIII

47 CR 16, August 25, 2024, effective 9/15/2024