5 Colo. Code Regs. § 1001-26-A-III

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

Section 5 CCR 1001-26-A-III - [Effective until 9/15/2024] Applicability and Emissions Quantification for Affected Sources

III.A. The GHG monitoring, recordkeeping, and reporting requirements of this rule apply to the owners and operators of any facility or entity that is located in the State of Colorado and that meets any of the following requirements:

III.A.1. Any electric service provider or electric utility, regardless of annual GHG emission quantities. GHGs reported must include all emissions from electricity generation and transmission and distribution equipment, not including emergency generators.

III.A.2. Any local distribution company distributing natural gas in the State of Colorado, regardless of annual GHG emission quantities.

III.A.3. Any industrial waste landfill active at any point during the year, regardless of annual GHG emission quantities. Inert material facilities as defined under 6 CCR 1007-2, Part 1 (November 30, 2019), are exempt from the requirements of this regulation. The GHGs reported must include emissions from the landfill, landfill gas collection systems, and destruction devices for landfill gases

III.A.4. Any industrial wastewater treatment, regardless of annual GHG emission quantities.

III.A.5. Any underground coal mine meeting the source category definition for an underground coal mine in Subpart FF of 40 CFR, Part 98 at any point during the year and regardless of annual GHG emission quantities.

III.A.6. Any facility or supplier not covered under Sections III.A.1. through III.A.5. or III.C. that is required to report under 40 CFR Part 98 as incorporated herein must report GHGs directly to the State of Colorado to the same extent as reported under 40 CFR Part 98 . The requirement to report pursuant to 40 CFR, Part 98 as incorporated herein continues to apply regardless of future revisions to 40 CFR, Part 98.

III.A.7. Any municipal solid waste landfill not required to report under 40 CFR Part 98 may voluntarily report GHGs. The GHGs reported must include emissions from the landfill, landfill gas collection systems, and destruction devices for landfill gases.

III.A.8 Any domestic wastewater treatment plant may voluntarily report GHGs.

III.A.9. Any agricultural operation may voluntarily report GHGs or operational information sufficient to allow the Division to determine GHGs.

III.A.10. Research and development activities are excluded from GHG reporting requirements.

III.B. To quantify GHG emissions for the reporting purposes of this rule, the owner or operator of a facility or an entity identified in Section III.A. must calculate GHG emissions by year as described, and any reporting requirement under 40 CFR, Part 98 and its Subparts as incorporated herein continue to apply regardless of future revisions to 40 CFR, Part 98 .

III.B.1. For an electric service provider or electric utility identified in Section III.A.1, GHG emissions must be calculated using the applicable calculation methodologies and appropriate equations specified in Subparts C, D, and DD of 40 CFR, Part 98.

III.B.2. For a local distribution company identified in Section III.A.2., GHG emissions must be calculated using the applicable calculation methodologies specified in Subparts W and NN of 40 CFR, Part 98.

III.B.3. For an industrial waste landfill identified in Section III.A.3., GHG emissions must be calculated according to Subpart C, if applicable, and Subpart TT of 40 CFR, Part 98.

III.B.4. For industrial wastewater treatment identified in Section III.A.4., GHG emissions must be calculated according to Subpart C, if applicable, and Subpart II of 40 CFR, Part 98.

III.B.5. For an underground coal mine identified in Section III.A.5., GHG emissions must be calculated according to Subpart C, if applicable, and Subpart FF of 40 CFR, Part 98.

III.B.6. For a facility or supplier included pursuant to Section III.A.6., GHG emissions must be calculated using the calculation methodologies specified in each applicable Subpart of 40 CFR, Part 98.

III.B.7. For a municipal solid waste landfill identified in Section III.A.7., GHG emissions must be calculated according to Subpart C, if applicable, and Subpart HH of 40 CFR, Part 98.

III.B.8. For a domestic wastewater treatment plant identified in Section III.A.8., GHG emissions must be calculated using GHG emission estimating protocols acceptable to the Division.

III.B.9. For an agricultural operation identified in Section III.A.9., reported GHG emissions or operational information must utilize emission calculation protocols that are acceptable to the Division and applicable to the specific activities or types of operations in the agricultural sector.

III.C. Oil and Natural Gas Reporting Requirements:

III.C.1. Oil and natural gas operations and equipment at or upstream of a natural gas processing plant are not subject to Sections III.A, III.B, IV, and V of this regulation and must report GHG emissions to the State of Colorado according to the requirements of AQCC Regulation Number 7, Part D, Section V. (effective February 14, 2020). Records of information included in reports submitted pursuant to AQCC Regulation Number 7, Part D, Section V. (effective February 14, 2020) must be maintained for a period of two (2) years and made available to the Division upon request.

III.C.2. Natural gas transmission and storage are not subject to Sections III.A, III.B, IV and V of this regulation and must report GHG emissions according to the requirements of AQCC Regulation Number 7, Part D, Section IV. (effective February 14, 2020).

5 CCR 1001-26-A-III

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