5 Colo. Code Regs. § 1001-31-C-III

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

Section 5 CCR 1001-31-C-III - Emission Reduction Requirements

III.A. All EITE stationary sources subject to this rule must reduce facility-wide GHG emissions by 5 percent.

III.A.1. EITE stationary sources annual emissions limitation shall be calculated as described in this Section III.A.1. Multiply the EITE stationary source's prescribed final GHG BAECT and energy BMP intensity rate determination, as determined by the Division under Section III. by the number of units produced in the calendar year, to result in a GHG BAECT mass emission number. If an EITE stationary source produces more than one product and, as a result, has more than one final GHG BAECT determination, the GHG BAECT mass emissions is calculated by multiplying the intensity rate for each product by the amount of product produced in the previous year, to calculate the GHG BAECT mass emissions for each product, and then adding the mass emissions for each product to calculate the GHG BAECT mass emissions. Add the Non-GHG BAECT emissions calculated under Section I.C.1.c.(i)(D) to the GHG BAECT emissions number, resulting in a mass-based emissions representing the facility-wide total GHG emissions (CO2e), which serves as the baseline for the 5 percent mass-based reduction. Subtract the five (5) percent mass emissions reduction as required under Section III. This shall be calculated as follows:

Annual Emission Limit for Compliance Year in tons CO2e = (((GHG BAECT & Energy BMP Intensity Rate Determination) * (Compliance Year Facility Product)) + Non-GHG BAECT determination) * 0.95

III.A.2. Beginning no later than the third year after each audit year, EITE stationary sources must demonstrate the additional mass-based five (5) percent GHG emission reduction and continued compliance with the reduction described in this section, by comparing the total mass GHG emissions limitation to the direct reported GHG emissions for the previous year. This is demonstrated through the annual compliance certification in Section V.A.

III.A.3. Where an EITE stationary source's approved compliance action plan requires that the plan be completed and operational after the third year after each audit year, the EITE stationary source must meet an interim annual mass emission limit achieving the required mass-based five (5) percent GHG emission reduction.

III.A.3.a. This interim annual five (5) percent mass reduction shall be calculated by multiplying the EITE stationary source's GHG BAECT and energy BMP intensity rate, as determined by the Division under Section II. by the number of units produced in the third calendar year, to result in a GHG BAECT mass emission number. Add the Non-GHG BAECT emissions to this number. Five (5) percent of this mass emissions total represents the mass GHG emissions reduction required in tons of CO2e. The calculation is as follows:

((((GHG BAECT & Energy BMP Intensity Rate Determination) * (Compliance Year Facility Product)) + Non-GHG BAECT determination) * 5%)

III.A.3.b. The interim annual emissions limitation is calculated by multiplying the current GHG emissions intensity rate as documented in the most recent audit by the compliance year facility product to result in a mass GHG emissions total. Add the Non-GHG BAECT emissions to this total, and then subtract the 5% reduction calculated in Section III.A.3.a. The calculation is as follows:

((Current GHG Emissions Intensity Rate as documented in the audit report * Compliance Year Facility Product) + Non-GHG BAECT determination) - ((((GHG BAECT & Energy BMP Intensity Rate Determination) * (Compliance Year Facility Product)) + Non-GHG BAECT Determination) * 5%)

III.B. If, at any point after the 2022 audit cycle and before 2030 an EITE stationary source achieves mass based GHG emission reductions equal to or greater than 20% below the source's 2015 GHG emissions baseline, the 5% emission reduction required under Section III.A. is considered satisfied through the year 2030, provided the 20% mass-based reductions are sustained as demonstrated through annual compliance certifications under Section V.A.1. An EITE stationary source meeting this requirement must continue to conduct the annual audits and otherwise comply with the requirements of this rule.

5 CCR 1001-31-C-III

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