N.J. Admin. Code § 7:27C-10.2

Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:27C-10.2 - Definitions related to CO[2] emissions offset projects

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

"Accredited independent verifier" means an independent verifier who has been accredited by the Department pursuant to N.J.A.C. 7:27C-10.8 to conduct verification activities under this subchapter.

"Allocation period" means the number of years for which an offset project that has received a consistency determination pursuant to N.J.A.C. 7:27C-10.4(i)is qualified for the award of CO[2] offset allowances pursuant to N.J.A.C. 7:27C-10.9(a).

"Anaerobic digester" means a device that promotes the decomposition of organic material to simple organics and gaseous biogas products, in the absence of elemental oxygen, usually accomplished by means of controlling temperature and volume, and that includes a methane recovery system.

"Anaerobic digestion" means the decomposition of organic material, such as manure, brought about through the action of microorganisms in the absence of elemental oxygen.

"Anaerobic storage" means the storage of organic material in an oxygen-free environment, or under oxygen-free conditions, including, but not limited to, holding tanks, ponds, and lagoons.

"Animal unit" means a unit for measuring animal inventories, where one animal unit is equal to 1,400 pounds of animal live weight.

"ANSI" means the American National Standards Institute.

"Biogas" means gas resulting from the decomposition of organic matter under anaerobic conditions, the principal constituents of which are methane and carbon dioxide.

"Cancelled" or "retired" means the placement of a greenhouse gas allowance or credit in a retirement account controlled by the jurisdiction that generated the allowance or credit, or in an allowance retirement account controlled by the Department, or the determination by the Department that the greenhouse gas allowance or credit has otherwise been rendered unusable.

"Carbon pool" means a reservoir that has the ability to accumulate and store carbon.

"Carbon stock" means the quantity of carbon in a carbon pool.

"COe" means carbon dioxide equivalent.

"Conflict of interest" means a situation that may arise with respect to an individual in relation to any specific project sponsor, CO[2] emissions offset project, or category of offset projects, such that the individual's other activities or relationships with other persons or organizations render or may render the individual incapable of providing an impartial certification opinion, or otherwise compromise the individual's objectivity in performing certification functions.

"Cooperating regulatory agency" means a regulatory agency in a state or United States jurisdiction, other than a participating state, that has entered into a memorandum of understanding with the appropriate regulatory agencies of all participating states to carry out certain obligations relative to CO[2] emissions offset projects in that state or United States jurisdiction, including, but not limited to, the obligation to perform audits of offset project sites, and to report violations of this subchapter to the Department.

"Forest offset project" means an offset project involving reforestation, improved forest management, or avoided conversion.

"Forest offset project data report" means the report prepared by a project sponsor each year that provides the information and documentation required by this chapter or the forest offset protocol.

"Forest offset protocol" means the protocol titled "Regional Greenhouse Gas Initiative Offset Protocol U.S. Forest Projects," published by the participating states on June 13, 2013, available on the RGGI website at www.rggi.org/allowance-tracking/offsets, which is incorporated herein by reference.

"Intentional reversal" means any reversal caused by a forest owner's negligence, gross negligence, or willful intent, including, but not limited to, harvesting, development, and harm to the area within the offset project boundary.

"Market penetration rate" means a measure of the diffusion of a technology, product, or practice in a defined market, as represented by the percentage of annual sales for a product or practice, or as a percentage of the existing installed stock for a product or category of products, or as the percentage of existing installed stock that utilizes a practice. The Department may determine an appropriate market definition and market penetration metric for a category of technology, product, or practice, and may issue guidance specifying the technologies, products, or practices that meet a specified market penetration rate.

"Offset project" means all equipment, materials, items, or actions directly related to the reduction of CO[2] equivalent emissions or the sequestration of carbon specified in a consistency application submitted pursuant to N.J.A.C. 7:27C-10.4. Equipment, materials, items, or actions unrelated to an offset project reduction of CO[2] equivalent emissions or the sequestration of carbon, but occurring at a location where an offset project occurs, shall not be considered part of an offset project, except as set forth at N.J.A.C. 7:27C-10.5 through 10.9.

"Project commencement" means, for an offset project involving physical construction, other work at an offset project site, or installation of equipment or materials, the date of the beginning of such activity. For an offset project that involves the implementation of a management activity or protocol, "project commencement" means the date on which such activity is first implemented or such protocol is first utilized. For a forest offset project, "project commencement" means the date specified in section 3.2 of the forest offset protocol.

"Project sponsor" means the sponsor of an offset project under this chapter.

"Regional-type anaerobic digester" means an anaerobic digester that uses feedstock from more than one agricultural operation, or that imports feedstock from more than one agricultural operation. A regional-type anaerobic digester is also commonly referred to as a "community digester" or "centralized digester."

"Reporting period" means the period of time covered by a forest offset project data report. The first reporting period for a forest offset project in an initial crediting period may consist of six to 24 consecutive months; all subsequent reporting periods in an initial crediting and all reporting periods in any renewed crediting period must consist of 12 consecutive months.

"Reversal" means a greenhouse gas emission reduction or greenhouse gas removal enhancement for which CO[2] offset allowances have been issued that is subsequently released or emitted back into the atmosphere due to any intentional or unintentional circumstance.

"System benefit fund" means any fund made up of revenue collected directly from retail electricity or natural gas ratepayers through retail energy bills.

"Total solids" means the total of all solids in a sample, including the total suspended solids, total dissolved solids, and volatile suspended solids.

"Transmission and/or distribution entity" means the assets and equipment used to transmit and distribute electricity from an electric generator to the electrical load of a customer. "Transmission and/or distribution entity" includes all related assets and equipment located within the service territory of the entity, defined as the service territory of a load-serving entity specified by the applicable state regulatory agency.

"Unintentional reversal" means any reversal, including, but not limited to, wildfires, insects, or disease, that is not the result of the forest owner's negligence, gross negligence, or willful intent.

"Verification" means the confirmation by an accredited independent verifier that certain parts of a CO[2] emissions offset project consistency application and/or measurement, monitoring or verification report conform to the requirements of this subchapter.

"Volatile solids" means the portion of total solids that is comprised primarily of organic matter, as defined in U.S. EPA Method Number 160.4, Methods for the Chemical Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020).

N.J. Admin. Code § 7:27C-10.2

Adopted by 51 N.J.R. 992(a), effective 6/17/2019