5 Colo. Code Regs. § 1001-26-A-II

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

Section 5 CCR 1001-26-A-II - [Effective 9/15/2024] Definitions

II.A. "Anaerobic Process" means a procedure in which organic matter in wastewater, wastewater treatment sludge, or other material is degraded by microorganisms in the absence of oxygen, resulting in the generation of carbon dioxide (CO2) and methane (CH4). This source category consists of the following: anaerobic reactors, anaerobic lagoons, anaerobic sludge digesters, and biogas destruction devices (for example, burners, boilers, turbines, flares, or other devices).

II.B. "Carbon Dioxide Equivalent (CO2e)" means a metric measure used to compare the emissions from various GHG based upon their global warming potential (GWP). CO2e is determined by multiplying the mass amount of emissions (metric tons per year), for each GHG constituent by that gas's GWP, and summing the resultant values to determine CO2e (metric tons per year).

II.C. "CFR" means Code of Federal Regulations.

II.D. "Counterparty" means a marketer, utility, or other entity with whom an energy transaction occurs or a market operator responsible for settlement in an organized market.

II.E. "Designated Representative" means an individual selected by an agreement binding on the owners and operators of such facility or supplier and acting in accordance with the certification statement in Section IV.B.6.

II.F. "Domestic Wastewater Treatment Plant" has the same meaning as defined by the Water Quality Control Commission in 5 Code of Colo. Regs. (CCR) 1002-22 (September 30, 2009).

II.G. "Electric Service Provider" or "Electric Utility" means any corporation, agency, or other legal entity that generates electricity for sale through combustion of fossil fuels or sells electricity for retail or wholesale use, including imported, exported, or in-state electricity, in the State of Colorado. Electric service provider or electric utility does not include an entity that generates electricity which is consumed solely at the facility or complex where the generation occurs

II.H. "Emergency Generator" means a stationary combustion device, such as a reciprocating internal combustion engine or turbine that serves solely as a secondary source of mechanical or electrical power whenever the primary energy supply is disrupted or discontinued during power outages or natural disasters that are beyond the control of the owner or operator of a facility. An emergency generator operates only during emergency situations, for training of personnel under simulated emergency conditions, as part of emergency demand response procedures, or for standard performance testing procedures as required by law or by the generator manufacturer. A generator that serves as a back-up power source under conditions of load shedding, peak shaving, power interruptions pursuant to an interruptible power service agreement, or scheduled facility maintenance is not considered an emergency generator.

II.I. "Energy Transaction" means a specified quantity of electricity purchased or sold at a known transaction point or through an organized market.

II.J. "Exported Electricity" means electricity generated inside the State of Colorado and delivered to serve load located outside the State of Colorado. Exported electricity does not include electricity that is generated outside the State of Colorado, is transmitted through the State of Colorado, and with the final point of delivery outside the State of Colorado.

II.K. "Facility" means any physical property, plant, building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right of way and under common ownership or common control, that emits or may emit any greenhouse gas. Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties.

II.L. "Food Processing" means an operation used to manufacture or process meat, poultry, fruits, and/or vegetables as defined under NAICS 3116 (Meat Product Manufacturing) or NAICS 3114 (Fruit and Vegetable Preserving and Specialty Food Manufacturing). For information on NAICS codes, see http://www.census.gov/eos/www/naics/ (as published January 30, 2020).

II.M. "Global Warming Potential" or "GWP" means the ratio of the time-integrated radiative forcing from the instantaneous release of one kilogram of a trace substance relative to that of one kilogram of a reference gas, i.e., (CO₂). For the GHG emissions calculations requirements of this rule, the GWP values that must be used are as specified in Table A-1 to Subpart A of Title 40 CFR Part 98.

II.N. "Greenhouse Gas" or "GHG" means carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF₆) and Nitrogen Trifluoride (NF₃).

II.O. "Hydrofluorocarbons (HFCs)" means a class of GHGs consisting of hydrogen, fluorine, and carbon.

II.P. "In-State Electricity" means electricity generated inside the State of Colorado and delivered to serve load within the State of Colorado. In-state electricity does not include electricity that is generated outside the State of Colorado, is transmitted through the State of Colorado, and with the final point of delivery outside the State of Colorado.

II.Q. "Industrial Waste Landfill" means a landfill other than a municipal solid waste landfill, a Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste landfill, or a Toxic Substance Control Act (TSCA) hazardous waste landfill, in which industrial solid waste, such as RCRA Subtitle D wastes (non-hazardous industrial solid waste, defined in 40 CFR § 257.2 (May 30, 2017)), commercial solid wastes, or conditionally exempt small quantity generator wastes, is placed. An industrial waste landfill includes all disposal areas at the facility.

II.R. "Industrial Wastewater Treatment" means use of anaerobic processes to treat industrial wastewater and industrial wastewater treatment sludge at pulp and paper manufacturing, food processing, ethanol production and petroleum refining facilities. Industrial wastewater treatment does not include municipal wastewater treatment plants or separate treatment of sanitary wastewater at industrial sites.

II.S. "Imported Electricity" means electricity generated outside the State of Colorado and delivered to serve load within the State of Colorado. Imported electricity does not include electricity that is generated outside the State of Colorado, is transmitted through the State of Colorado, and with the final point of delivery outside the State of Colorado.

II.T. "Local Distribution Company" or "LDC" means a company that owns or operates distribution pipelines, not interstate pipelines or intrastate pipelines, that physically deliver natural gas to end users and that are within a single state that are regulated as separate operating companies by State public utility commissions or that operate as independent municipally-owned distribution systems. LDCs do not include pipelines (both interstate and intrastate) delivering natural gas directly to major industrial users and farm taps upstream of the local distribution company inlet.

II.U. "Metric Ton" means a common international measurement for mass equal to 1,000 kilograms, which is equivalent to 2204.6 pounds or 1.1 short tons.

II.V. "Municipal Solid Waste Landfill" or "MSW Landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA Subtitle D wastes (40 CFR § 257.2 (May 30, 2017)) such as commercial solid waste, non-hazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads, public roadways, or other public right-of-ways. An MSW landfill may be publicly or privately owned.

II.W. "Natural Gas Transmission and Storage" has the same meaning as "natural gas transmission and storage segment" as defined in Air Commission Regulation Number 7, Part D, Section IV.A. (effective February 14, 2020).

II.X. "North American Industry Classification System (NAICS) Code(s)" means the six-digit code(s) that represents the product(s)/activity(s)/service(s) at a facility or supplier as listed in the Federal Register and defined in "North American Industrial Classification System Manual 2007," available from the U.S. Department of Commerce, National Technical Information Service, Alexandria, VA 22312 and http://www.census.gov/eos/www/naics/ (as published January 30, 2020).

II.Y. "Oil and Natural Gas Operations and Equipment" means the equipment and activities listed in AQCC Regulation Number 7, Part D, Section V.C. (effective February 14, 2020).

II.Z. "Perfluorocarbons (PFCs)" means a class of greenhouse gases consisting on the molecular level of carbon and fluorine.

II.AA. "Research and Development" means those activities conducted in process units or at laboratory bench-scale settings whose purpose is to conduct research and development for new processes, technologies, or products and whose purpose is not for the manufacture of products for commercial sale, except in a de minimis manner.

II.BB. "Responsible Official" means the definition of that term found in the Air Quality Control Commission's Common Provisions Regulation (effective January 14, 2016).

II.CC. "Retail Utility" means an electric service provider or electric utility that sells electricity to end-use customers or ratepayers.

II.DD. "Supplier" means a producer, importer, or exporter in any supply category included in Table A-5 of Subpart A, 40 CFR Part 98, as defined by the appropriate subpart in 40 CFR Part 98.

II.EE "Transaction Point" means a recognized electrical location where seller agrees to deliver energy and purchaser agrees to receive energy for bilateral trades or settlement schedules regardless of market type or an identified settlement location or settlement area in an organized market.

II.FF. "Unspecified Energy" is electricity that is not traceable to a specific generating facility, such as electricity traded through open market transactions. This electricity is typically a mix of resource types, and may include renewables.

II.GG. "Wholesale Utility" means an electric service provider or electric utility that sells electricity or energy to a retail utility or other wholesale utility.

II.HH. "Year" means calendar year.

5 CCR 1001-26-A-II

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 10, May 25, 2023, effective 6/14/2023

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