06-096-167 Me. Code R. § 4

Current through 2024-51, December 18, 2024
Section 096-167-4 - Gross greenhouse gas emissions estimates
A.Gross emissions data sources. Estimates of gross GHG emissions shall include emissions of the gases identified in section 2 (covered greenhouse gases) of this Chapter from sources within the geographic boundaries of the State of Maine as specified below.
(1) Direct facility reporting of emissions from licensed stationary sources submitted in accordance with Department rule Chapter 137;
(2) EPA State Inventory Tool (SIT)

The EPA publishes regular updates to datasets and GHG emission calculations in the SIT, following a standardized method of categorizing emission sources. Where directly measured values for emissions are not available, the Department shall utilize the most recently published version of the SIT for estimating emissions under this Chapter.

(a) Emission estimates utilizing the SIT shall include the following modules and data sources:
(i) Agriculture
(A) The agriculture module shall be used to calculate CO2, CH4, and N2O emissions from enteric fermentation; manure management, agriculture soils, plant residues, legumes, and fertilizers; rice cultivation; liming of soils; urea fertilization; and agricultural burning.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (i)(A) above include the EPA U.S. Greenhouse Gas Inventory; EPA Air Emissions Inventory Improvement Program; United States Geological Survey (USGS) Liming Materials Yearbook; United States Department of Agriculture (USDA) Quick Stats; and the Association of American Plant Food Control Officials and the Fertilizer Institute.
(ii) CO2 from fossil fuel combustion (CO2FFC)
(A) The CO2FFC module shall be used to calculate CO2 emissions from fuel types by end-use sector. Fuel types include coal, natural gas, petroleum, and other. Emissions shall be calculated for the industrial, electric power, commercial, residential, and transportation sectors.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (ii)(A) above include the Energy Information Administration (EIA) State Energy Data System (SEDS); EIA Natural Gas Report; and EPA U.S. Greenhouse Gas Inventory.
(iii) Coal
(A) The coal module shall be used to calculate CH4 emissions from coal mining and abandoned coal mine activities.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (iii)(A) above include the EPA U.S. Greenhouse Gas Inventory.
(iv) Electricity consumption
(A) The electricity consumption module shall be used to calculate CO2e emissions from electricity consumption by end-use equipment types and end-use sector.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (iv)(A) above include the EIA SEDS; National Transit Database; EIA Commercial Building Energy Consumption Survey; EIA Residential Energy Consumption Survey; EIA Manufacturing Energy Consumption Survey; and EPA Emissions and Generation Resource Integrated Database.
(v) Industrial processes
(A) The industrial processes module shall be used to calculate CO2, N2O, HFC, PFC, NF3, and SF6 emissions from the following industrial process sectors: cement production; lime manufacture; limestone and dolomite use; soda ash manufacture and consumption; iron and steel production; ammonia manufacture; nitric acid production; adipic acid production; aluminum production; HCFC-22 production; consumption of substitutes for ozone depleting substances; electric power transmission and distribution; and magnesium production and processing.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (v)(A) above include the USGS Minerals Yearbook; U.S Census; and USGS Cement Statistics and Information.
(vi) Land-use, land-use change and forestry (LULUCF)
(A) The LULUCF module may be used to calculate CO2, CH4, and N2O emissions from fertilization of settlement soils and forest fires, as well as carbon flux from forest management, urban trees, landfilled yard trimmings and food scraps, and agricultural soils. Alternatively, carbon sequestered and emitted from these sources and sinks may be estimated using methods outlined in the net greenhouse gas emissions estimates section of this Chapter.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (vi)(A) above include the U.S. Forest Service; EPA Advancing Sustainable Materials Management Fact Sheet; U.S Greenhouse Gas Inventory; and Association of American Plant Food Control Officials and the Fertilizer Institute.
(vii) Mobile combustion
(A) The mobile combustion module shall be used to calculate CH4 and N2O emissions from highway vehicles, aviation, boats and vessels, locomotives, other non-highway sources, and alternative fuel vehicles.

NOTE: CO2 emissions from mobile combustion are calculated in the CO2FFC module.

(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (vii)(A) above include the EIA SEDS; FHWA Highway Statistics; EIA Adjusted Sales of Distillate Fuel Oil by End Use; and U.S Greenhouse Gas Inventory.
(viii) Natural gas and oil
(A) The natural gas and oil module shall be used to calculate CH4 and CO2 emissions from all phases of natural gas systems (including production, transmission, venting and flaring, and distribution) and petroleum systems (including production, refining, transport, and storage).
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (viii)(A) above include the EIA Petroleum Supply; EIA Crude Oil Production; EIA Number of Producing Gas Wells; EIA Number of Gas Producing Oil Wells; EIA Monthly Energy Review; and EIA Natural Gas Gross Withdraws and Production.
(ix) Municipal solid waste
(A) The municipal solid waste module shall be used to calculate CH4 emissions from landfilling of municipal solid waste (MSW) and CO2 and N2O emissions from the combustion of MSW.

NOTE: All facilities that combust MSW and many facilities that landfill MSW are required by Department rule Chapter 137 to submit facility reports of GHG emissions that are included in Section 4. A.(1) (Direct facility reporting) of this Chapter.

(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (ix)(A) above include the U.S Census; EPA Advancing Sustainable Materials Management Fact Sheet; and Landfill Methane Outreach Program Landfill and Landfill Gas Energy Project Database.
(x) Stationary combustion
(A) The stationary combustion module shall be used to calculate CH4 and N2O emissions for combustion of coal, natural gas, petroleum, wood, and other fuel types by end-use sector.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (x)(A) above include the EIA SEDS; EIA Annual Natural Gas Report; and U.S Greenhouse Gas Inventory.
(xi) Wastewater
(A) The wastewater module shall be used to calculate CH4 and N2O emissions from the treatment of municipal and industrial wastewater.
(B) In accordance with the SIT, acceptable data sources for estimates of emissions from the activities in subsection (xi)(A) above include the USDA Quick Stats; U.S Census; and U.S Greenhouse Gas Inventory.
(xii) Synthesis Tool Estimates of total GHG emissions from all sources in Maine included in the modules identified in the subsections (i) through (xi) above shall be generated with the synthesis tool provided with the SIT.
(b) SIT data sources
(i) Default data in SIT modules Estimates of GHG emissions may be generated using data provided by the EPA in the SIT for Maine sources.
(ii) Department data sources The Department shall replace or add to data for Maine sources provided in the SIT where the Department determines that more specific or accurate data are available and appropriate for use in the SIT. At a minimum this shall include the following information:
(A) Vehicle miles traveled on Maine roads
(B) Industrial process-specific data
(C) Solid waste data
(I) Data quantifying CH4recovered from landfill-gas-to-energy projects and methane flared reported to the Department by licensed stationary sources.
(II) Quantity and type of materials landfilled in Maine reported to the Department by licensed solid waste disposal facilities.
(iii) Renewable energy sources
(A) SIT estimates of GHG emissions from biogenic sources may be included in calculations of gross and net GHG emissions if the Department determines that the SIT estimates are sufficiently representative of activities in Maine.
(B) Biogenic emissions of CH4 and N2O from wood and wood waste shall not be calculated using the stationary combustion module of the SIT. Estimates of biogenic emissions of CH4 and N2O shall be calculated with CO2 estimates in accordance with subsection 3 (Biogenic Emissions) below.
(c) SIT source categories. Estimates of gross GHG emissions in MMTCO2e from the SIT shall be provided for the following source categories:
(i) Energy. The energy category includes energy consuming entities in Maine, such as electric power producers, and energy consumption from the following sectors: industrial, commercial, transportation, and residential.
(ii) Agriculture. The agriculture category includes emissions from livestock, manure management, plant and soil residue, and cultivation practices in Maine.
(iii) Industrial Processes. The industrial processes category includes non-combustion activities that create emissions, such as cement production, semiconductor manufacture, and electrical power transmission and distribution in Maine.
(iv) Waste. The waste category includes emissions from municipal solid waste disposal and wastewater treatment activities in Maine.
(3) Biogenic emissions. Biogenic emissions shall be estimated using the following data sources:
(a) Wood and wood waste (including black liquor and sludge)
(i) Industrial and electric power sectors
(A) Activity data (in Btu) for wood and wood waste consumed in Maine industrial and electric power sectors shall be collected from the EIA SEDS database by sector for years 1990 through 2009. Emission factors from 40 CFR Part 98 must be used to calculate CO2, CH4, and N2O emissions based on energy (Btu) values for each year.
(B) Data reported by licensed stationary sources for wood, bark, biomass, and wood waste (black liquor solids and sludge) combusted shall be used for the industrial and electric power sector data starting with the 2010 data year.
(I) Throughput reported in short tons shall be converted to energy values (Btu) using the moisture content specified for that process. Throughput values reported in Btu do not need to be converted.
(II) GHG emissions reported and based on 40 CFR Part 98 emissions factors shall be used to represent gross emissions.
(III) NAICS codes associated with each licensed stationary source must be used to sort facilities into appropriate sectors.
a. Industrial sector
i. Manufacturing (NAICS codes 31-33)
ii. Agriculture, forestry, fishing and hunting (NAICS code 11)
iii. Mining, including oil and gas extraction (NAICS code 21)
iv. Construction (NAICS code 23)
b. Electric power sector
i. Electricity-only and combined-heat-and-power plants (NAICS code 22)
(ii) Commercial sector. Activity data (in Btu) for wood and wood waste consumed for energy in Maine's commercial sector shall be collected from the EIA SEDS database by sector for all available years. Emission factors from 40 CFR Part 98 must be used to calculate CO2, CH4, and N2O emissions based on energy consumption (Btu) values for each year.
(iii) Residential sector
(A) Gross GHG emissions estimates from residential combustion of biomass shall be calculated based on household surveys of primary and supplementary heating sources and fuel use. The Department will contract with an independent third party to conduct household surveys.
(B) Survey results given in cords shall be converted to short tons using a conversion factor of 1.8 short tons/cord.
(C) Residential wood shall be assumed to have an average moisture content of 36%, consistent with the EIA SEDS methodology.
(D) Survey results shall be extrapolated to non-participating households in Maine using the most recent census data to provide an estimate of the total short tons of residential wood combusted in Maine.
(E) Survey results shall be assumed to be the same for the two years included in the heating season survey period (October 1 - April 30 each year).
(F) For years when a survey is not conducted, data shall beestimated using a linear fit between survey years.
(G) Btu values and emissions of CO2, CH4, and N2O shall be calculated based on 40 CFR Part 98 factors.
(b) Ethanol and biodiesel
(i) Fuel consumption data for ethanol shall be obtained from the EIA/SEDS database.
(ii) Emission factors from 40 CFR Part 98 shall be used to calculate CO2, CH4, and N2O emissions.
(c) Solid waste
(i) Methane flaring data shall be obtained from licensed stationary source emission reports for all available years from 1990 - 2050.
(ii) Landfill-gas-to-energy (LFGTE) project data shall be obtained from licensed stationary source emission reports for all available years from 1990 - 2050.
(iii) Municipal solid waste data shall be obtained from licensed solid waste disposal facility reports for all available years from 1990-2050.
(iv) Emission factors from 40 CFR Part 98 shall be used to calculate CO2 emissions.
(v) CO2from landfill off-gassing shall be calculated using the potential CH4 emissions calculation results provided by the SIT. Landfill gas is assumed to be 50% CH4 and 50% CO2. The MTCO2e values provided by the SIT for CH4 shall be divided by the GWP value used in the SIT for CH4 to determine metric tons of CH4 and thus the MTCO2e from CO2 off-gassing.
(4) Energy consumption data. Energy consumption data shall be obtained from the EIA SEDS database by sector and fuel type.
(5) Economic data. Economic data shall be obtained from the Bureau of Economic Activity, U.S. Department of Commerce.
B.Gross emissions inventory analysis and reporting
(1) Gross emissions shall be reported by the Department as a time series from 1990 to the latest year data that are available. Estimates of annual statewide gross GHG emissions may be reported three or more years following the year in which the emissions occurred. This time series of gross emissions will be compared to the Maine greenhouse gas reduction goals listed in 38 M.R.S. §576-A(1), (2) and (3).
(2) All GHG emissions shall be reported in metric tons or millions of metric tons of CO2 equivalents (MMTCO2e). CO2e conversions shall be made using GWP values for individual greenhouse gases in the most recent final IPCC Assessment Report.
(3) Gross GHG emissions shall be reported by source category as described in section 4. A.(2)(c)(SIT source categories).
(4) CO2 emissions from fossil fuel combustion in Maine involving petroleum products shall be reported in MMTCO2e.
(5) The consumption of petroleum products shall be reported in BBtu for distillate fuel; motor gasoline; propane and liquefied petroleum gas; jet fuel and aviation gasoline; petroleum coke, asphalt, road oil, and lubricants; residual fuel oil; and kerosene.
(6) An analysis of GHG emissions relative to state gross domestic product (GDP) shall be reported in real dollars adjusted for inflation.

06-096 C.M.R. ch. 167, § 4