5 Colo. Code Regs. § 1001-31-C-II

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

Section 5 CCR 1001-31-C-II - GHG BAECT and Energy BMP Determination

II.A. Within 60 days of receipt of the audit report, the Division will determine GHG BAECT and energy BMPs for the EITE stationary sources as follows:

II.A.1. The GHG BAECT determination may be based on the top-ranked control technology for the emission units in the audit report, or a suite of control technologies, at the Division's discretion, so long as:

II.A.1.a. The cost of the suite of control measures, combined, would not be unduly burdensome to the facility; and

II.A.1.b. The total annual CO2 emissions reductions generated by the suite of measures is equal to or greater than the annual CO2 emissions reductions generated by the top-ranked control technology according to the audit report.

II.A.2. A GHG BAECT determination will be issued for each GHG emissions unit in the audit scope and include:

II.A.2.a. The Division's determination of specific control technologies and/or measures for that emission unit, including the current GHG emissions rate of each audited emission unit at the time of the audit;

II.A.2.b. All control technologies found under Section I.C.1.a. to have a net levelized cost less than or equal to $0, where cost neutrality can be achieved no more than 5 years from operational date of the technology, except where the auditor has established that doing so would pose an unreasonable burden to the facility; and

II.A.2.c. The GHG emission rate per unit of final product at the EITE stationary source for the individual emissions units after implementation of the prescribed measures.

II.A.2.d. The final GHG BAECT and energy BMP intensity rate determination shall be issued for the EITE stationary source as a rate of total GHG emission (CO2e) for the emissions units included in the audit scope per final product of the facility. This calculation shall be based on the determination(s) in Sections II.A.1. and II.A.3. (as applicable) and shall be calculated as follows:

II.A.2.d.(i) The Division may adjust the final GHG BAECT and energy BMP intensity determination based on a change to the GHG emission rate for any GHG BAECT measure after the GHG reduction measure is fully operational and tuned.

GHG BAECT & Energy BMP Intensity Rate Determination = [SIGMA] (CO2e per tons of facility product for each emission unit in audit scope).

II.A.3. The energy BMP determination will be issued for each energy consumption source in the audit scope and include:

II.A.3.a. The Division's determination of energy BMPs for the specific energy consuming equipment; and

II.A.3.b. Any energy efficiency measures found under Section I.C.1.b. to have a net levelized cost less than or equal to $0 that are not included in the BAECT determination, unless the auditor has established that doing so would pose an unreasonable burden to the facility.

II.B. The Division will hold one or more public meetings on the results of the final GHG BAECT and energy BMP determinations.

II.C. Within 45 days of making its final GHG BAECT and energy BMP determinations, the Division will present the determinations at a regular meeting of the Commission. The Commission may approve the determinations or return them to the Division for further analysis. The Division will return to the Commission for final approval at its next regular meeting or as soon as practical.

5 CCR 1001-31-C-II

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