12-002 Code Vt. R. 12-031-002-X
Current through August, 2024
This Chapter establishes The State of Vermont's component of the CO 2 Budget Trading Program, which is designed to reduce anthropogenic emissions of CO 2, a greenhouse gas, from CO 2 budget sources in an economically efficient manner.
Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Measurements, abbreviations, and acronyms used in this Chapter are defined as follows:
CO 2: carbon dioxide
Hr: hour
Lb: pounds
MW: megawatt
MWe-megawatt electrical
MWh: megawatt-hour
Units. Any unit that, at any time on or after January 1, 2005, serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe shall be a CO 2 budget unit, and any source that includes one or more such units shall be a CO 2 budget source, subject to the requirements of this Chapter.
If any provision of this Chapter, or its application to any particular person or circumstances, is held invalid, the remainder of this Chapter, and the application thereof to other persons or circumstances, shall not be affected thereby.
" I am authorized to make this submission on behalf of the owners and operators of the CO 2 budget sources or CO 2 budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
" I certify that I was selected as the CO 2 authorized account representative or CO 2 authorized alternate account representative, as applicable, by an agreement binding on the owners and operators of the CO 2 budget source and each CO 2 budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO 2 Budget Trading Program on behalf of the owners and operators of the CO 2 budget source and of each CO 2 budget unit at the source and that each such-owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Agency or a court regarding the source or unit."; and
" I agree that any electronic submission to the Agency or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO 2 authorized account representative or CO 2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subsection 23-206(d) shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under subsection 23-206(d), I agree to maintain an e-mail account and to notify the Agency or its agent immediately of any change in my e-mail address unless all delegation authority by me under section 23-206 is terminated."
" I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO 2 authorized account representative or CO 2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subsection 23-206(i) shall be deemed to be a review by me. Until this notice of delegation is superseded by another notice of delegation under subsection 23-206(i), I agree to maintain an e-mail account and to notify the Agency or its agent immediately of any change in my e-mail address unless all delegation authority by me under section 23-206 is terminated."
For any CO 2 budget source, the CO 2 authorized account representative shall submit a complete CO 2 budget permit application under section 23-303 covering such CO 2 budget source to the Agency by the later of January 1, 2009 or 12 months before the date on which the CO 2 budget source, or a new unit at the source, commences operation.
For each allocation year, the Agency will allocate 100 percent of the State of Vermont CO 2 Budget Trading Program annual base budget to the consumer benefit or strategic energy purpose account.
" I certify that I was selected as the CO 2 authorized account representative or the CO 2 alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CO 2 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO 2 Budget Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Agency or its agent or a court regarding the general account."
" I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CO 2 allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
" I agree that any electronic submission to the Agency or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO 2 authorized account representative or CO 2 authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subdivision 23-602(b)(5)(iv) shall be deemed to be an electronic submission by me. Until this notice of delegation is superseded by another notice of delegation under subdivision 23-602(b)(5)(iv), I agree to maintain an e-mail account and to notify the Agency or its agent immediately of any change in my e-mail address unless all delegation authority by me under subdivision 23-602(b)(5) is terminated."
Following the establishment of a CO 2 Allowance Tracking System account, all submissions to the Agency or its agent pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CO 2 allowances in the account, shall be made only by the CO 2 authorized account representative for the account.
Each CO 2 allowance that is held in a compliance account or a general account will remain in such account unless and until the CO 2 allowance is deducted or transferred under section 23-402, section 23-605, section 23-607, or Subchapter VII.
The Agency or its agent may, at its sole discretion and on his or her own motion, correct any error in any CO 2 Allowance Tracking System account. Within 10 business days of making such correction, the Agency or its agent will notify the CO 2 authorized account representative for the account.
The CO 2 authorized account representatives seeking recordation of a CO 2 allowance transfer shall submit the transfer to the Agency or its agent. To be considered correctly submitted, the CO 2 allowance transfer shall include the following elements in a format specified by the Agency or its agent:
The CO 2 authorized account representative for a CO 2 budget unit shall submit written notice to the Agency and the Administrator in accordance with 40 CFR 75.61.
" I am authorized to make this submission on behalf of the owners and operators of the CO 2 budget sources or CO 2 budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
The Agency will provide for the award of CO 2 offset allowances to sponsors of CO 2 emissions offset projects that have reduced or avoided atmospheric loading of CO 2, CO 2 equivalent or sequestered carbon as demonstrated in accordance with the applicable provisions of this Subchapter. The requirements of this Subchapter seek to ensure that CO 2 offset allowances awarded represent CO 2 equivalent emission reductions or carbon sequestration that are real, additional, verifiable, enforceable, and permanent within the framework of a standards-based approach. Subject to the relevant compliance deduction limitations of subdivision 23-605(a)(3), CO 2 offset allowances may be used by any CO 2 budget source for compliance purposes.
"The undersigned project sponsor recognizes and accepts that the application for, and the receipt of, CO 2 offset allowances under the CO 2 Budget Trading Program is predicated on the project sponsor following all the requirements of Subchapter X of Vermont's CO 2 Budget Trading Program Regulations. The undersigned project sponsor holds the legal rights to the offset project or has been granted the right to act ori behalf of a party that holds the legal rights to the offset project. I understand that eligibility for the award of CO 2 offset allowances under Subchapter X is contingent on meeting the requirements of Subchapter X. I authorize the Agency or its agent to audit this offset project for purposes of verifying that the offset, project, including the monitoring and verification plan, has been implemented as described in this application. I understand that this right to audit shall include the right to enter the physical location of the offset project. I submit to the legal jurisdiction of the State of Vermont."
Emissions (tons C0 2 e) = (V x M x (1-0X) x GWP)/2000
where:
V = volume of CH 4 collected (ft [3) ];
M = Mass of CH 4 per cubic foot (0.04246 lbs/ft [3 ] default value at 1 atmosphere, 200 C);
OX = Oxidation factor (0.10), representing estimated portion of collected
CH 4 that would have eventually oxidized to CO 2 if not collected; and
GWP = C0 2 e global warming potential of CH 4 (28).
Emissions Reductions (tons C0 2 e) = (V x M x (1 - OX) x C ef X GWP)/2000
where:
V = Volume of CH 4 collected (ft 3);
M = Mass of CH 4 per cubic foot (0.04246 lbs/ft [3 ] default value at 1 atmosphere and 200 C);
OX = Oxidation factor (0.10), representing estimated portion of collected CH 4 that would have eventually oxidized to CO 2 if not collected;
C ef = Combustion efficiency of methane control technology (0.98); and GWP = C0 2 e global warming potential of CH 4 (28).
MP(%)= MG AD / MG STATE
where:
MG AD = Average annual manure generation for the number of dairy cows and swine serving all anaerobic digester projects in the applicable state at the time of submission of a consistency application pursuant to section 23-1004.
MG STATE = average annual manure production of all dairy cows and swine in the state at the time of submission of a consistency application pursuant to section 23-1004.
E b = (V m x M)/2000 x GWP
where:
E b = Potential C0 2 e emissions due to calculated CH 4 production under site-specific anaerobic storage and weather conditions (tons);
V m = Volume of CH 4 produced each month from decomposition of volatile solids in a baseline uncontrolled anaerobic storage scenario under site-specific storage and weather conditions for the facility at which the manure or organic food waste is generated (ft [3) ];
M = Mass of CH 4 per cubic foot (0.04246 lb/ft [3 ] default value at one atmosphere and 200 C); and
GWP = Global warming potential of CH 4 (28).
VS dec = VS avail X f
where:
VS = volatile solids as determined from the equation:
VS= M m xTS % xVS %
where:
M m = mass of manure or organic food waste produced per month (kg)
TS % = concentration (percent) of total solids in manure or organic food waste as determined through EPA 160.3 testing method (U.S. EPA Method Number 160.3, Methods for the Chemical Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020));
VS % = concentration (percent) of volatile solids in total solids as determined through EPA 160.4 testing method (U.S. EPA Method Number 160.4, Methods for the Chemical Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020)); and
VS avail = volatile solids available for decomposition in manure or organic food waste storage each month as determined from the equation:
VS avail = VS p + 1/2 VS in - VS out
where:
VS p = volatile solids present in manure or organic food waste storage at beginning of month (left over from previous month) (kg);
VS in = volatile solids added to manure or organic food waste storage during the course of the month (kg). The factor of% is multiplied by this number to represent the average mass of volatile solids available for decomposition for the entire duration of the month;
VS out = volatile solids removed from the manure or organic food waste storage for land application or export (assumed value based on standard farm practice); and
f = van't Hoff-Arrhenius factor for the specific month as determined using the equation below. Using a base temperature of 300C, the equation is as follows:
f = exp [E(T 2 - T 1) ]/[(GC x T 1 x T 2) ]
where:
f = conversion efficiency of VS to CH 4 per month; E = activation energy constant (15,175 cal/ mol);
T 2 = average monthly ambient temperature for facility where manure or organic food waste is generated (converted from 0Celsius to 0Kelvin) as determined from the nearest National Weather Service certified weather station (if reported temperature 0C > 50C; if reported temperature 0C < 50C, then f = 0.104);
T 1 = 303.15 (300C converted to 0K); and
GC = ideal gas constant (1.987 cal/K mol)
V m = (VS dec X B o) X 35.3147
where:
V m = volume of CH 4 (ft [3) ]
VS dec = volatile solids decomposed (kg)
B o = manure or organic food waste type-specific maximum methane generation constant (m [3 ] CH 4 /kg VS degraded). For dairy cow manure, B o = 0.24 m [3 ] CH 4 /kg VS decomposed. The methane generation constant for other types of manure shall be those cited at U.S. EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2010, Annex 3, Table A-180 (U.S. EPA, February 2017), unless the. project sponsor proposes an alternate methane generation constant and that alternate is approved by the Agency. If the project sponsor proposes to use a methane generation constant other than the ones found in the above-cited reference, the project sponsor must provide justification and documentation to the Agency.
ER t = E b - E p
where:
ER t = CO 2 e emissions reductions due to project activities (tons);
E b = Potential CO 2 e emissions due to calculated CH 4 production under site-specific anaerobic storage and weather conditions (tons);
E p = CO 2 e emissions due to project activities additional to baseline (tons), including, but not limited to, manure transportation, flaring, venting, and effluent management.
Emissions reductions may not exceed the potential emissions of the anaerobic digester, as represented by the annual volume of CH 4 produced by the anaerobic digester, as monitored pursuant to paragraph (5) of this subdivision. CO 2 emissions due to transportation of manure and organic food waste from the site where the manure and organic food waste was generated to the anaerobic digester shall be subtracted from the emissions reduction calculated pursuant to subparagraphs (3)(i) through (iii) of this subdivision. Transport CO 2 emissions shall be determined through one of the following methods:
Table 1: Input Monitoring Requirements
Parameter | Measurement Unit | Frequency of Sampling | Sampling Method(s) |
Influent flow (mass)into the digester | Kilograms (kg) per month (wet weight) | Monthly total into the digester | a) Recorded weight b) Digester influent pump flow c) Livestock population and application of American Society of Agricultural and Biological Engineers (ASABE) standard (ASAED 384.2, March 2005) |
Influent total solids concentration (TS) | Percent (of sample) | Monthly, depending upon recorded variations | U.S. EPA Method Number 160.3, Methods for the Chemical Analysis of Water and Wastes(MCAWW) (EPA/600/4-79/020) |
Influent volatile solids(VS) concentration | Percent (of TS) | Monthly, depending upon recorded variations | USEPA Method Number 160.4, Methods for the Chemical Analysis of Water and Wastes (MCAWW) (EPA/600/4-79/020) |
Average monthly ambient temperature | Temperature °C | Monthly (based on farm averages) | Closest National Weather Service-certified weather station |
Volume of biogas produced by digester | Standard cubic feet (scf) | Continuous, totalized monthly | Flow meter |
Methane composition of biogas produced by digester | Percent (of sample) | Quarterly | Bag sampling and third- party laboratory analysis using applicable US. EPA test methods |
"The undersigned project sponsor hereby confirms and attests that the offset project upon which this monitoring and verification report is based is in full compliance with all of the requirements of Subchapter X of Vermont's CO 2 Budget Trading Program Regulations. The project sponsor holds the legal rights to the offset project or has been granted the right to act on behalf of a party that holds the legal rights to the offset project. I understand that eligibility for the award of CO 2 offset allowances under Subchapter X is contingent on meeting the requirements of Subchapter X. I authorize the Agency or its agent to audit this offset project for purposes of verifying that the offset project, including the monitoring and verification plan, has been implemented as described in the consistency application that was the subject of a consistency determination by the Agency. I understand that this right to audit shall include the right to enter the physical location of the offset project. I submit to the legal jurisdiction of the State of Vermont."
12-002 Code Vt. R. 12-031-002-X
May 30, 2008 Secretary of State Log #08-019
AMENDED:
November 14, 2013 Secretary of State Rule Log #13-037; September 15, 2018 Secretary of State Rule Log #18-040
STATUTORY AUTHORITY:
10 V.S.A. § 558; 30 V.S.A. § 255