Climate Change (Unique Emissions Factors) Amendment Regulations 2010

2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 23rd day of September 2010 Present: His Excellency the Governor-General in Council Pursuant to sections 163 and 164 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the ad vice and with the consent of the Executive Council and on the rec ommendation of the Minister for Climate Change Issues (having had regard to the matter specified in section 163(5) of that Act), makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Principal regulations amended 2 4 Interpretation 2 5 Application for approval to use unique emissions factor 3 6 Chief executive may approve use of unique emissions factor 4 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662740 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662741 r 1 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 7 New regulation 6A inserted 4 6A Criteria for class of waste disposed of at disposal facility for which unique emissions factor may be used 4 8 New heading and regulations 23A to 23D inserted 5 Operating disposal facility 23A Waste participant may apply for approval to use unique emissions factor 5 23B Requirements relating to application for unique emissions factor relating to waste composition 6 23C Requirements relating to application for unique emissions factor approval in relation to LFG collection and destruction system 8 23D Requirements relating to application for unique emissions factor approval in relation to waste composition and LFG collection and destruction system 11 9 Activities in respect of which recognition can be given 12 10 New Schedules 2 and 3 added 12 Schedule 12 New Schedules 2 and 3 added Regulations 1 Title These regulations are the Climate Change (Unique Emissions Factors) Amendment Regulations 2010. 2 Commencement These regulations come into force on 1 January 2011. 3 Principal regulations amended These regulations amend the Climate Change (Unique Emis sions Factors) Regulations 2009. 4 Interpretation (1) Regulation 3(1) is amended by inserting the following defini tions in their appropriate alphabetical order: 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378400 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378400 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378407 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 r 5 “IPCC waste model means the waste model described in chapter 3, volume 5 (Waste) of the 2006 IPCC Guidelines for National Greenhouse Gas Inventories, published by the Intergovernmental Panel on Climate Change “LFG means landfill gas “SWAP means the Solid Waste Analysis Protocol published by the Ministry for the Environment in March 2002 “waste participantmeans a person who is a participant under section 54(1)(a) of the Act in respect of the activity listed in Part 6 of Schedule 3 of the Act of operating a disposal facility”. (2) The definition of fuel in regulation 3(1) is amended by adding “if the waste is combusted for the purpose of generating elec tricity or industrial heat”. (3) The definition of representative in regulation 3(1) is revoked and the following definition substituted: “representative, in relation to samples of a fuel or LFG or to measurements or calculations, means taken or made at a sufficient frequency and duration to produce data that may be reliably extrapolated to provide estimates of, as relevant,— “(a) the properties of a class of fuel or LFG: “(b) emissions across the full range of operating conditions: “(c) for waste disposed of at a disposal facility, the compo sition of the waste”. 5 Application for approval to use unique emissions factor (1) Regulation 4(2)(b)(ii) is amended by omitting “; and” and sub stituting “; or”. (2) Regulation 4(2)(b) is amended by adding the following sub paragraph: “(iii) if the unique emissions factor relates to waste disposed of at a waste disposal facility, the class of waste in respect of which the person applies for approval to use a unique emissions factor; and”. (3) Regulation 4(2)(d)(ii) is amended by omitting “or gas” and substituting “, gas, or waste”. 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378407 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378407 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378453 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378453 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378453 r 6 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 6 Chief executive may approve use of unique emissions factor (1) Regulation 5(1) is amended by revoking paragraph (b) and substituting the following paragraph: “(b) the criteria in— “(i) regulation 6 are met, if the application relates to a class or category of fuel: “(ii) regulation 6A are met, if the application relates to a class of waste disposed of at a disposal facility; and”. (2) Regulation 5(2) is amended by revoking paragraph (a) and substituting the following paragraph: “(a) may be used by the participant to calculate emissions only in relation to— “(i) fuel within the class (or in the case of fugitive coal seam gas, coal within the category), if the approval relates to a class or category of fuel: “(ii) waste within the class, if the approval relates to a class of waste disposed of at a disposal facility; and”. 7 New regulation 6A inserted The following regulation is inserted after regulation 6: “6A Criteria for class of waste disposed of at disposal facility for which unique emissions factor may be used A class of waste disposed of at a disposal facility for which the chief executive may approve the use of a unique emissions factor— “(a) may relate to all waste disposed of at the facility; or “(b) if it is calculated in accordance with regulation 23B or 23D, may relate to— “(i) waste from a particular source or sources that is disposed of at the facility; or “(ii) all other waste disposed of at the facility that is not covered by a class referred to in subparagraph (i).” 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378454 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378454 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378455 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 r 8 8 New heading and regulations 23A to 23D inserted The following heading and regulations are inserted after regu lation 23: “Operating disposal facility “23A Waste participant may apply for approval to use unique emissions factor “(1) A waste participant may apply to the chief executive for ap proval to use a unique emissions factor when calculating emis sions in relation to a class of waste disposed of at a disposal facility in accordance with the Climate Change (Waste) Regu lations 2010. “(2) A waste participant may calculate a unique emissions factor for a class of waste disposed of at a disposal facility— “(a) in accordance with regulation 23B (which relates to waste composition); or “(b) if the disposal facility has an LFG collection and de struction system, in accordance with— “(i) regulation 23C (which relates to the use of an LFG collection and destruction system); or “(ii) regulation 23D (which relates to waste compo sition and the use of an LFG collection and de struction system). “(3) However, the chief executive may not approve the use of a unique emissions factor calculated in accordance with regula tion 23B or 23D in relation to a class of waste unless— “(a) all waste disposed of at the facility is waste of that class; or “(b) the participant either— “(i) already has approval to use 1 or more unique emissions factors that— “(A) were calculated under the same regulation; and “(B) relate to classes of waste that, together with the class of waste for which approval is sought to use an emissions factor, cover all waste disposed of at the facility; or “(ii) at the same time as applying for approval to use the unique emissions factor in relation to the class 5 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378501 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378501 r 8 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 of waste, applies for approval to use 1 or more other unique emissions factors that— “(A) are calculated under the same regulation; and “(B) relate to classes of waste that, together with the class of waste for which approval is sought to use an emissions factor, cover all waste disposed of at the facility. “23B Requirements relating to application for unique emissions factor relating to waste composition A waste participant who wishes to calculate a unique emis sions factor that relates to the composition of a class of waste disposed of at a disposal facility must— “(a) obtain representative data in relation to the composition of the class of waste disposed of at the facility in a year by carrying out at least 2 surveys of 1 or more weeks’ duration of the class of waste— “(i) as it enters the facility; and “(ii) over a period of 12 months; and “(iii) at intervals of at least 3 months; and “(iv) in accordance with Procedure 2 in section 5 of the SWAP; and “(b) record the fractions by weight of each of the following components of the samples of the class of waste taken during each survey period: “(i) garden waste: “(ii) nappy and sanitary waste: “(iii) all putrescible waste other than garden waste: “(iv) paper waste: “(v) sewage sludge: “(vi) timber waste: “(vii) textile waste: “(viii) other waste (including plastics, ferrous metals, non-ferrous metals, glass, rubber, rubble, con crete, and potentially hazardous waste); and “(c) calculate a unique emissions factor for the class of waste in accordance with the following formula: 6 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 r 8 UEF = (1.26 × GW) + (1.512 × NSW) + (0.945 × OPW) + (2.52 × PW) + (0.315 × SSW) + (2.709 × TMW) + (1.512 × TXW) where— GW is the weighted average fraction of garden waste in the class of waste determined by reference to the results of the surveys NSW is the weighted average fraction of nappy and sanitary waste in the class of waste determined by reference to the results of the surveys OPW is the weighted average fraction of putrescible waste other than garden waste in the class of waste determined by reference to the results of the surveys PW is the weighted average fraction of paper waste in the class of waste determined by reference to the results of the surveys SSW is the weighted average fraction of sewage sludge in the class of waste determined by reference to the results of the surveys TMW is the weighted average fraction of timber waste in the class of waste determined by reference to the results of the surveys TXW is the weighted average fraction of textile waste in the class of waste determined by reference to the results of the surveys UEF is the unique emissions factor for the class of waste; and “(d) submit the following material to a recognised verifier: “(i) a record of the surveys undertaken to comply with paragraph (a), including the survey plan for each survey; and “(ii) the results of the surveys referred to in paragraph (b); and “(iii) the calculation done under paragraph (c); and “(iv) any other information required by the recognised verifier as necessary to provide verification of the unique emissions factor under regulation 24. 7 r 8 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 “23C Requirements relating to application for unique emissions factor approval in relation to LFG collection and destruction system “(1) A waste participant who wishes to calculate a unique emis sions factor that relates to the use of an LFG collection and destruction system at a disposal facility must,— “(a) using monitoring equipment over the period of 1 year, carry out representative measurements of the volumet ric flow rate (in cubic metres per hour) of the LFG col lected and conveyed to the destruction equipment; and “(b) obtain representative samples of the LFG collected and conveyed to the destruction equipment over the period of 1 year; and “(c) have tests carried out to measure the CH4 concentration by volume in each of the samples taken under paragraph (b); and “(d) using the data collected under paragraphs (a) and (b) and the results of the tests done under paragraph (c), calculate the tonnes of CH4 conveyed to the destruction equipment in the year; and “(e) estimate the gross amount of CH4 in tonnes that the dis posal facility is expected to generate in the year in ac cordance with subclause (2); and “(f) calculate the estimated efficiency of the LFG collection and destruction system over the year in accordance with the following formula: Q C = D × G where— C is the estimated efficiency of the LFG collection and destruction system D is the destruction factor for the type of destruc tion equipment in use at the facility as docu mented in the manufacturer’s specifications for the equipment or, if such information is not avail able, the destruction factor in Schedule 2 8 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 r 8 G is the estimated gross generation of CH4 for the year in tonnes calculated in accordance with sub clause (2) Q is the tonnes of CH4 conveyed to the destruction equipment in the year as determined in accord ance with paragraph (d); and “(g) calculate a unique emissions factor for the facility in accordance with the following formula: UEF = 1.10 × (1 − C) where— C is the lesser of— (i) 0.9; and (ii) the figure for the estimated efficiency of the LFG collection and destruction system determined under paragraph (f) UEF is the unique emissions factor for the facility; and “(h) submit the following material to a recognised verifier: “(i) a record of the measurement, sampling, and test ing regime that complies with paragraphs (a) to (c); and “(ii) the calculations done under paragraphs (d), (f), and (g) and subclause (2); and “(iii) any other information required by the recognised verifier as necessary to provide verification of the unique emissions factor under regulation 24. “(2) The estimated gross methane generation for the disposal fa cility for a year must be calculated in accordance with either the IPCC waste model or another equivalent first-order decay model and in accordance with the following rules: “(a) modelling must start from the date the facility started accepting waste for disposal; and “(b) if actual data in relation to waste composition and ton nage is not available in relation to any year and the par ticipant— “(i) has historical data available for waste composi tion and tonnage, the participant must interpolate data for the year from the historical data if— 9 r 8 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 “(A) the historical data covers all waste dis posed of at the facility during the year in which the data was collected; and “(B) there has been no material change in the composition of the waste since the year the data was collected; and “(C) the data was collected in accordance with, or substantially in accordance with, the same method as data is collected for the year in respect of which the estimated gross methane generation is being calcu lated: “(ii) does not have historical data available that meets the criteria in subparagraph (i), the participant must— “(A) use the default figures for waste composi tion from the second column in Schedule 3 for the year; and “(B) base tonnage for the year on the average filling rate over the life of the disposal fa cility up to the first year in which weigh bridge data is available; and “(c) a split of 50:50 by weight between garden and other pu trescible waste must be assumed when inputting histor ical or interpolated data; and “(d) the estimated time for anaerobic generation to com mence at the disposal facility is 6 months; and “(e) the following inputs must be used to the extent relevant when applying the model: Parameter Input Methane correction factor 1 Fraction of degradable organic carbon (DOC) that degrades to methane 0.5 Fraction of LFG by volume that is methane 0.5 Oxidation factor 10% Density of methane at normal temperature and pressure 0.668 kg per cubic metre 10 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 r 8 Parameter Input Equivalent methane generation potential As per the third or fourth column of Schedule 3 Decay rate constant As per the fifth col umn of Schedule 3 “(3) For the purposes of the measurement in subclause (1)(a), measurements must be undertaken using devices that are regularly maintained and calibrated in accordance with the manufacturer’s specifications. “23D Requirements relating to application for unique emissions factor approval in relation to waste composition and LFG collection and destruction system A waste participant who wishes to calculate a unique emis sions factor for a class of waste disposed of at a disposal fa cility that relates to waste composition and the use of an LFG collection and destruction system must— “(a) follow the procedure in regulation 23B and calculate a unique emissions factor for waste composition in rela tion to the class of waste; and “(b) determine the estimated efficiency of the LFG collec tion and destruction system for the facility by following the procedure in regulation 23C(1)(a) to (f); and “(c) calculate a unique emissions factor for the class of waste in accordance with the following formula: UEF = UEFWC × (1 − C) where— C is the lesser of— (i) 0.9; and (ii) the figure for the efficiency of the LFG col lection and destruction system for the fa cility determined in accordance with para graph (b) UEF is the unique emissions factor for the class of waste UEFWC is the unique emissions factor relating to waste composition for the class of waste determined in accordance with paragraph (a); and 11 r 9 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 2010/337 “(d) submit the following material to a recognised verifier: “(i) the information referred to in regulation 23B(d)(i) to (iii) in relation to the waste compo sition factor for the unique emissions factor; and “(ii) a record of the measurement, sampling, and testing regime that complies with regulation 23C(1)(a) to (c) in relation to the LFG collection and destruction system component of the unique emissions factor; and “(iii) the calculations done under— “(A) regulation 23C(1)(d) and (f) and (2); and “(B) paragraph (c); and “(iv) any other information required by the recognised verifier as necessary to provide verification of the unique emissions factor under regulation 24.” 9 Activities in respect of which recognition can be given Regulation 27 is amended by adding the following paragraph: “(f) the activity relating to operating a disposal facility (Part 6 of Schedule 3 of the Act).” 10 New Schedules 2 and 3 added The schedules set out in the Schedule of these regulations are added as Schedules 2 and 3. Schedule r 10 New Schedules 2 and 3 added Schedule 2 r 23C Destruction factors Destruction equipment Destruction factor Open flare 0.5 Enclosed flare 0.9 Internal combustion engines, gas turbines, and boilers 0.9 12 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378512 2010/337 Climate Change (Unique Emissions Factors) Amendment Regulations 2010 Schedule Schedule 3 r 23C First-order decay model parameters Waste stream component Default waste composition data (SWAP) IPCC DOC Equivalent methane generation potential Lo (m3 CH4/tonne) Decay rate constant k Food 0.0% 0.15 75 0.185 Garden 23.3% 0.20 100 0.100 Paper 14.9% 0.40 200 0.060 Wood 13.9% 0.43 215 0.030 Textile 3.9% 0.24 120 0.060 Nappies 2.7% 0.24 120 0.100 Sewage sludge 0.0% 0.05 25 0.185 Other 41.3% 0.00 0 0.000 Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 1 January 2011, amend the Climate Change (Unique Emissions Factors) Regulations 2009. The amendments extend the scope of those regulations to the activity of operating a disposal facility. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 24 September 2010. These regulations are administered by the Ministry for the Environment. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 13 http://www.legislation.govt.nz/pdflink.aspx?id=DLM2378400 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097