N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-10.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 242-10.2 - CO[2] emissions offset definitions

(a) 'Anaerobic digester'. 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 including a methane recovery system.

(b) 'Anaerobic digestion'. The decomposition of organic material including manure brought about through the microorganisms in the absence of elemental oxygen.

(c) 'Anaerobic storage'. Storage of organic material in an oxygen-free environment, or under oxygen-free conditions, including but not limited to, holding tanks, ponds, and lagoons.

(d) 'ANSI'. American National Standards Institute.

(e) 'Biogas'. Gas resulting from the decomposition of organic matter under anaerobic conditions. The principle constituents are methane and carbon dioxide.

(f) 'CO_2e'. CO₂e means carbon dioxide equivalent.

(g) 'Conflict of interest'. A situation that may arise with respect to an individual in relation to any specific project sponsor, CO₂ 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.

(h) 'Cooperating regulatory agency'. A regulatory agency in a state or United States jurisdiction that is not 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 CO₂ 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 report violations of this Subpart.

(i) 'Independent verifier'. An individual that has been approved by the department or its agent to conduct verification activities.

(j) 'Market penetration rate'. 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.

(k) 'Offset project'. An offset project includes all equipment, materials, items, or actions directly related to the reduction of CO₂ equivalent emissions or the sequestration of carbon specified in a consistency application submitted pursuant to section 242-10.4 of this Part. Equipment, materials, items, or actions unrelated to an offset project reduction of CO₂ 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, unless specified at section 242-10.5 of this Subpart.

(l) 'Permanently retired'. A greenhouse gas allowance or credit has been "permanently retired" if it has been placed in a retirement account controlled by the jurisdiction that generated the allowance or credit, or has been placed in an allowance retirement account controlled by the department, or is otherwise determined by the department to have been rendered unusable.

(m) 'Project commencement'. 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, the date on which such activity is first implemented or such protocol first utilized.

(n) 'Regional-type anaerobic digester'. An anaerobic digester using feedstock from more than one agricultural operation, or importing feedstock from more than one agricultural operation. Also commonly referred to as a "community digester" or "centralized digester."

(o) 'Renewable portfolio standard'. A statutory or regulatory requirement that a load-serving entity provide a certain portion of the electricity it supplies to its customers from renewable energy sources, or any other statutory or regulatory requirement that a certain portion of electricity supplied to the electricity grid be generated from renewable energy sources.

(p) 'System benefit fund'. Any fund collected directly from retail electricity or natural gas ratepayers.

(q) 'Total solids'. Total solids are the total of all solids in a sample. They include the total suspended solids, total dissolved solids, and volatile suspended solids.

(r) 'Transmission and/or distribution entity'. The assets and equipment used to transmit and distribute electricity from an electric generator to the electrical load of a customer. 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 department.

(s) 'Verification'. The determination by an independent verifier that certain parts of a CO₂ emissions offset project consistency application and/or measurement, monitoring or verification report conform to the requirements of this Subpart.

(t) 'Volatile solids'. The fraction 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)(see Table 1, section 200.9 of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-10.2

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/31/2020