5 Colo. Code Regs. § 1001-31-B-III

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

Section 5 CCR 1001-31-B-III - GEMM 2 Facility Greenhouse Gas Emission Requirement Compliance

III.A. A GEMM 2 facility must first attempt to meet its GEMM 2 annual GHG reduction requirement through technically feasible, onsite measures at or below the 2030 social cost of GHGs.

III.A.1. GHG reductions from onsite carbon capture and storage are considered onsite measures for purposes of Section III.A; provided, however, that onsite carbon capture and storage reductions may only be counted towards compliance with this Regulation Number 27 if the Division has established or adopted by reference a standardized carbon capture and storage protocol or protocols.

III.B. If a facility cannot meet its GEMM 2 annual GHG reduction requirement through technically feasible, onsite measures at or below the 2030 social cost of GHGs, the facility may retire GHG credits through the GHG credit trading system, pursuant to Part D, to achieve the remainder of its GEMM 2 annual GHG emission requirement, provided the facility complies with requirements set forth in Part B, Section II.A.6., as applicable.

III.C. Permitting requirements for GHG emission reduction measures.

III.C.1. A manufacturing stationary source that requires a construction permit(s) or modification(s) of an existing permit(s) in accordance with Regulation Number 3 to comply with the requirements of Parts B or C of Regulation Number 27 must submit a complete permit application to the Division at least twelve (12) months prior to the start of construction or at least twelve (12) months prior to the start of the modification.

III.C.2. If the owner or operator of a GEMM 2 facility has complied with Part B, Section III.C.1. and the Division has not issued the permit required to comply with Part B within twelve (12) months of receipt of the permit application, the Division will adjust the facility's GEMM 2 annual GHG emissions requirement, as applicable, upon submission of documentation by the GEMM 2 facility that shows good cause.

5 CCR 1001-31-B-III

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

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