5 Colo. Code Regs. § 1001-31-B-II

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-31-B-II - Greenhouse Gas Reduction Plans

II.A. No later than September 30, 2025, except as otherwise provided in this Regulation Number 27, the owner or operator of a GEMM 2 facility subject to Section I.A. must develop a GHG reduction plan and submit the certified GHG reduction plan on a Division-approved form, along with the independent third-party evaluation and findings of the plan, to the Division. The owner or operator of a glass container manufacturing facility must submit the certified GHG reduction plan, as described in this Section II. as expeditiously as practicable but no later than June 1, 2027. The GHG reduction plan must include the following information:

II.A.1. Basic emissions information

II.A.1.a. The GEMM 2 facility's GHG baseline emissions.

II.A.1.b. The difference in GHG emissions in metric tons of CO2e reported for the year 2024, compared to its GEMM 2 facility GHG baseline emissions.

II.A.1.c. The percent of GHG emission reduction required for the GEMM 2 facility to comply with its 2030 GHG emissions requirement pursuant to Section I.A. based on the GEMM 2 facility's GHG baseline emissions, as applicable.

II.A.1.d. The difference in metric tons of CO2e between the GEMM 2 facility's GEMM 2 annual GHG emissions requirement for 2030 and its GEMM 2 annual GHG emissions requirement for 2024, as applicable. This should be calculated as:

GEMM 2 annual GHG Emissions Requirement for 2030 - GEMM 2 annual GHG emissions requirement for 2024

II.A.2. GHG reduction measures, including portfolio approach

II.A.2.a. The list of all GHG reduction measures that result in greater than de minimis GHG reductions and that are technically feasible and commercially available or other measures that facilities propose for implementation at the GEMM 2 facility. The following information is required for each measure listed.

II.A.2.a.(i) The quantity of metric tons of CO2e reduced per year from each measure;

II.A.2.a.(ii) The net reduction in associated harmful air pollution in metric tons per year from each measure;

II.A.2.a.(iii) The cost in USD per metric ton of CO2e reduced for each reduction measure for all measures;

II.A.2.a.(iv) The timeframe for implementation for each measure; and

II.A.2.a.(v) If a facility seeks to utilize Section II.A.3.b., below, then information as to those GHG reduction measures that are alternate options or redundant or incompatible with each other.

II.A.3. The portfolio of measures up to the 2030 social cost of GHGs that the facility is required to propose to implement by 2030 towards achievement of the facility's 2030 GHG emissions requirement as well as any measure(s) above the 2030 social cost of GHGs, including the cost information and estimated reduction of harmful air pollution of those measure(s), that the facility is voluntarily proposing to implement by 2030 to ensure it achieves its 2030 GEMM 2 GHG emissions requirement.

II.A.3.a. If the facility proposes to implement a portfolio measures from its GHG reduction plan that is estimated to yield total GHG reductions within five (5) percent of another portfolio of measures, the facility must propose to implement the portfolio of measures that provides the greater reduction in harmful air pollution, provided that the cost of the portfolio of measures is at or below the 2030 social cost of GHGs.

II.A.3.b. A facility is not required to select and implement measures that are alternate options or redundant or incompatible with each other.

II.A.4. If, as of the GEMM 2 facility's submittal deadline for its GHG reduction plan in this Section II.A., a facility is already in the process of constructing or implementing, including post-construction project implementation or ramp up, a GHG reduction measure or portfolio of measures that are projected to achieve the entirety of the facility's 2030 GEMM 2 annual GHG emissions requirement, the facility's list of GHG reduction measures in Section II.A.2. need only include such measure(s), and the facility must only propose to implement such measure(s) to comply with Section II.A.3. A facility that qualifies for this section is not subject to Section II.A.3.a.

II.A.5. If the GEMM 2 facility proposes to implement all technically feasible portfolio of measures at or below the 2030 social cost of GHGs, but the proposed measures do not satisfy the 2030 GEMM 2 GHG emissions requirement, the GHG reduction plan may indicate that the facility plans to use the GHG credit trading system for compliance, provided that the GEMM 2 facility complies with Section II.A.6. if it is located within one (1) mile of a disproportionately impacted community and within fifteen (15) miles of a residential community.

II.A.6. If (1) a GEMM 2 facility plans to use the GHG credit trading system for compliance and (2) any portion of the GEMM 2 facility's property line is within one (1) mile of a disproportionately impacted community and within fifteen (15) miles of a residential community as of the effective date of this rule, the following requirements apply:

II.A.6.a. The GHG reduction plan must identify additional GHG reduction measures not yet selected for implementation under Part B, Sections II.A.3. that cost up to fifty (50) percent above the 2030 social cost of GHGs. If any such measures exist, the GHG reduction plan must quantify the largest amount of harmful air pollution reduction achievable by implementing one or a combination of such measures, in each case up to the facility's GEMM 2 annual GHG emissions requirement for 2030.

II.A.6.b. The GHG reduction plan must propose to implement measure(s) to reduce harmful air pollution in an amount equal to the amount achievable identified in Section II.A.6.a.

II.B. The owner or operator of the GEMM 2 facility must ensure one of its responsible agents certifies that the contents of the GHG reduction plan documentation is complete and accurate.

II.C. The owner or operator of the GEMM 2 facility must ensure an independent third party conducts a technical and regulatory review of its GHG reduction plan. The selected firm will review the GHG reduction plan to determine the accuracy and completeness of the plan including, without limitation, cost projections, assumptions and data sources, GHG emission and harmful air pollution impacts, and compliance with this Part B, Section II.

II.D. The GEMM 2 facility must cooperate with the independent third party to assure accuracy and completeness of the GHG reduction plan, and compliance with this Part B, Section II. Upon completion of the review, the plan must be certified by the independent third party as adhering to the requirements of this Part B, Section II, prior to submission of the plan to the Division.

II.E. The GHG reduction plan must include a plain-language summary of the proposed GHG reduction plan for the GEMM 2 facility.

II.E.1. Each plain language summary shall be provided in the top two languages spoken by the community surrounding the GEMM 2 facility. The translations must be prepared by a certified translator.

II.E.2. The plain language summary shall include the list of measures analyzed in the plan for the GEMM 2 facility, the correlating GHG emission and harmful air pollutant impacts of the measures, and justification for why the proposed measures were identified.

II.F. Within fifteen (15) days of receipt, the Division will post the certified GHG reduction plan and the independent third party review of the GHG reduction plan on the Division's website.

II.G. The Division will hold a thirty (30) day public comment period for GHG reduction plans.

II.H. Except for GHG reduction plans submitted by glass container manufacturing facilities after September 30, 2025 but no later than June 1, 2027 under Part B, Section II.A, the Division must issue an approval or request for modification of the proposed GHG reduction plan to the GEMM 2 facility by December 31, 2025. For GHG reduction plans submitted by glass container manufacturing facilities after September 30, 2025 but no later than June 1, 2027, the Division must issue an approval or request for modification of the proposed GHG reduction plan to the GEMM 2 facility within three months of submission.

II.I. The Division will hold at least three (3) public meetings to review the approved GEMM 2 facility GHG reduction plans.

II.J. GHG reduction measures must be timely and completely implemented in accordance with the GEMM 2 facility's documented and approved GHG reduction plan. A GEMM 2 facility may request to modify the GHG reduction plan for the facility at any time. The modification must comply with the same requirements for the GHG reduction plan in Part B, Section II.

5 CCR 1001-31-B-II

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

46 CR 21, November 10, 2023, effective 12/15/2023