(1)
Purpose. The purpose of 310 CMR 7.71 is to implement
the reporting and verification requirement for statewide greenhouse gas
emissions and to monitor and ensure compliance with the reporting provisions of
M.G.L. c. 21N, the Climate Protection and Green Economy Act, St. 2008, c. 298,
§ 6.
(2)
Definitions. The definitions in
310 CMR
7.00: Definitions apply to 310 CMR
7.71. The following additional terms have the following meanings when they
appear in 310 CMR 7.71. Where a term defined in
310 CMR
7.00: Definitions also appears in 310
CMR 7.71, the definition in 310 CMR 7.71 is applicable for the purpose of 310
CMR 7.71.
Carbon Dioxide Equivalent. The amount
of carbon dioxide by weight that would produce the same amount of global
warming impact as a given weight of another greenhouse gas, based on the best
available science, including information from the Intergovernmental Panel on
Climate Change. The global warming potentials included in 40 CFR Part 98 shall
be used to quantify and report greenhouse gas emissions in carbon dioxide
equivalents pursuant to 310 CMR 7.71.
Entity. A person that owns or
operates, in whole or in part, a source of greenhouse gas emissions from a
generator of electricity or a commercial or industrial site including, but not
limited to, a transportation fleet.
Facility. A building, structure or
installation located on contiguous or adjacent properties of an entity, or a
natural gas facility.
Greenhouse Gas. Any chemical or
physical substance that is emitted into the air and that the Department may
reasonably anticipate will cause or contribute to climate change including, but
not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, sulfur hexafluoride, and any other gas for which 40 CFR Part
98 includes a method for calculating greenhouse gas emissions from any
stationary emissions source.
Method. A way of calculating
greenhouse gas emissions provided in 40 CFR Part 98 and any related monitoring,
reporting, and recordkeeping requirements included in 40 CFR Part 98, but does
not mean a reporting threshold, specific source category exemption, or any
other type of requirement.
Natural Gas Facility. A collection of
interconnected natural gas containing equipment (e.g.,
transmission and distribution pipelines, service lines, customer meters,
compressors, tanks, metering stations, regulating stations, and any other
interconnected equipment that contains natural gas) that is owned or operated
by an entity.
Short Ton. 2000 pounds or 0.9072
metric tons.
Stationary Emission Source. Any
individual stationary piece of equipment or other stationary point from which
any greenhouse gas is emitted to the ambient air. For the purpose of reporting
greenhouse gas emissions pursuant to 310 CMR 7.71, a source of greenhouse gas
emissions located within the facility is a stationary emission source if 40 CFR
Part 98 includes a method for calculating greenhouse gas emissions that can be
used to quantify emissions from the source.
(3)
Applicability.
(a) Any entity owning, operating, or
controlling a facility is subject to the requirements of 310 CMR 7.71(4) and
(5) if:
1. said facility is required to report
air emissions data to the Department pursuant to
310 CMR
7.00: Appendix C (The Air Operating
Permit Program) and had stationary emission sources that emitted greenhouse
gases during the previous calendar year;
2. said facility has one or more stationary
emission sources that collectively emitted greenhouse gases in excess of 5,000
short tons of greenhouse gases in carbon dioxide equivalents during the
previous calendar year. In determining whether a facility has one or more
stationary emission sources that collectively emit greenhouse gases in excess
of 5,000 short tons, all greenhouse gas emissions from all stationary emission
sources at the facility shall be included; or
3. said facility was subj ect to the
requirements of 310 CMR 7.71(3)(a) 1. or 2. in any past year.
(b)
Exemption for
Facilities with Low or Reduced Emissions.
1. Notwithstanding 310 CMR 7.71(3)(a)3., any
entity may petition the Department to be exempted from the requirement to
report greenhouse gas emissions from a facility provided the following
requirements are met. Said petition shall be submitted using a form provided by
the Department.
a. The entity is not required
to report greenhouse gas emissions from the facility pursuant to 310 CMR
7.71(3)(a)1. or 2.;
b. The entity
is unlikely to be required to report greenhouse gas emissions from the facility
pursuant to 310 CMR 7.71(3)(a)1. or 2. for any future year; and,
c. At least one greenhouse gas emission
report documenting greenhouse gas emissions from said facility of less than or
equal to 5,000 short tons of greenhouse gases in carbon dioxide equivalents has
been submitted pursuant to 310 CMR 7.71(4) and (5).
2. The Department may approve a petition
submitted pursuant to 310 CMR 7.71(3)(b) only if the Department determines that
all of the requirements set forth in 310 CMR 7.71(3)(b)1. have been met. In
determining whether to approve or deny a petition pursuant to 310 CMR
7.71(3)(b), the Department may consider any information contained in said
petition, and any other relevant information.
3. If the Department has approved a petition
in accordance with 310 CMR 7.71(3)(b)2., the annual reporting requirement in
310 CMR 7.71(3)(a)3. shall not apply to said facility until such time as the
reporting of greenhouse gas emissions from said facility is again required
pursuant to 310 CMR 7.71(3)(a) 1. or 2.
(4)
Annual Reporting by
Facilities that Emit Greenhouse Gases.
(a) Any entity owning, operating or
controlling a facility that is required to report greenhouse gas emissions to
the Department pursuant to 310 CMR 7.71, and is not subject to Source
Registration at
310 CMR
7.12, shall annually report, certify, and
verify greenhouse gas emissions from stationary emission sources for the
previous calendar year in accordance with 310 CMR 7.71(4) and (5) by April 15,
2010, and April 15th of each year
thereafter.
(b) Any entity owning,
operating or controlling a facility that is required to report greenhouse gas
emissions to the Department pursuant to 310 CMR 7.71 and is subject to Source
Registration at
310 CMR
7.12 shall annually report, certify and
verify greenhouse gas emissions from stationary emission sources for the
previous calendar year in accordance with 310 CMR 7.71(4) and (5) and the
following schedule:
1. By April
1st, if the facility is required to submit Source
Registration every three years in accordance with
310 CMR
7.12(2)(b).
2. By May 1st for
a facility subject to
310 CMR
7.00: Appendix C.
3. By June 1st for
a facility that:
a. Has an RES permit issued
by the Department pursuant to
310 CMR
7.02(9);
b. Had actual emissions of lead equal to or
greater than 0.5 tons in the previous calendar year, or actual emissions of NOx
or VOC equal to or greater than 25 tons per year in the previous calendar
year;
c. Emits an air contaminant
subject to a NESHAP or is subject to a MACT standard defined at 40 CFR Part 61
and Part 63, for which the Department has received delegation from EPA;
and/or
d. Is required, as a
condition of a plan approval issued by the Department since January 1, 1990 to
submit a Source Registration annually in accordance with
310 CMR
7.12.
(c) Greenhouse gas emissions from stationary
emission sources shall be reported in accordance with methods specified in 40
CFR Part 98.
(d) Greenhouse gas
emissions shall be reported electronically to the Department in a format
specified by the Department.
(e) If
required by the Department, the reporting entity shall report emissions in
metric tons. One metric ton equals 1.102 short tons.
(f) Once a facility files a report pursuant
to 310 CMR 7.71(4) on or after January 1, 2011, it is considered to be a
registered reporter unless the Department approves a petition pursuant to 310
CMR 7.71(3)(b)2.
(5)
Requirements for Certification and Recordkeeping.
(a) Entities subject to the requirement to
report greenhouse gas emissions in accordance with 310 CMR 7.71(4) shall
certify and verify the truth, accuracy, and completeness of their greenhouse
gas emissions reports using a format specified by the Department. The
information shall include, but not be limited to, the following:
1. Any information deemed necessary by the
Department to identify the reporting facility.
2. The following certification statement: "I
certify that I have personally examined the greenhouse gas emissions report for
this facility and am familiar with the information contained in that report and
that, based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate,
and complete. I am aware that there are significant penalties for submitting
false information, including possible fines and imprisonment."
3. The authorized signature and contact
information of a responsible official of the entity subject to the requirement
to report greenhouse gas emissions in accordance with 310 CMR
7.71(4).
(b) Copies of
documents and other information supplied to the Department to comply with 310
CMR 7.71(4) shall be retained at the facility for five years from the date of
submittal.
(c) All supporting
documentation and calculations related to quantifying and reporting greenhouse
gas emissions from the facility shall be retained at the facility for five
years from the date of submittal and made available to the Department upon
request.
(6)
Voluntary Reporting by Facilities. Any entity owning,
controlling or operating a facility that is not subj ect to 310 CMR 7.71(4)(a)
may voluntarily report greenhouse gas emissions from that facility in
accordance with 310 CMR 7.71(4), provided that the facility is located in
Massachusetts and that the entity complies with all requirements of 310 CMR
7.71(4) through (6).
