Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.73 - Reducing Methane Emissions from Natural Gas Distribution Mains and Services

Current through Register 1525, July 5, 2024
(1)
Purpose, Scope and
			 Authority
. The purpose of 310 CMR 7.73 is to assist the
			 Commonwealth in achieving the greenhouse gas emissions reduction goals adopted
			 pursuant to M.G.L. c. 21N, § (3)(b) by reducing methane
			 (CH4) emissions from natural gas distribution mains and
			 services through the imposition of declining annual aggregate emission limits
			 on certain sources of greenhouse gas emissions in the natural gas distribution
			 pipeline sector in the Commonwealth. 310 CMR 7.73 is promulgated pursuant to
			 M.G.L. c. 21N, § 3(d) and is also promulgated pursuant to M.G.L. c. 21A,
			 §§ 2, 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through
			 142E, to prevent and abate conditions of air pollution from the greenhouse gas
			 emissions from the area sources specified in 310 CMR 7.73.
(2)
DEFINITIONS
. The
			 terms used in 310 CMR 7.73 are defined in 310 CMR 7.73(2) and in
			 310 CMR
			 7.00:
Definitions
. Where a term is
			 defined in
			 310 CMR
			 7.00:
Definitions
and 310 CMR 7.73
			 the definition in 310 CMR 7.73 shall apply.
CALENDAR YEAR
means January
				1st through December
				31st.
Designated Representative
means the
				person who has been authorized by the gas operator to represent and legally
				bind the owner or operator in matters pertaining to the 310 CMR 7.73.
Distribution Line
means a pipeline
				other than a gathering or transmission line.
Gas Operator
means every Massachusetts
				gas operator with a Gas System Enhancement Plan applicable to its mains and
				services approved by the Massachusetts Department of Public Utilities (DPU)
				pursuant to M.G.L. c. 164, § 145 as of August 11, 2017, the corporate
				successor of such gas operator and/or the purchaser of the mains and services
				that are subject to a DPU-approved Gas System Enhancement Plan.
Main
means a distribution line that
				serves as a common source of supply for more than one service.
Service
means a distribution line that
				transports gas from a common source of supply to an individual customer, to two
				adjacent or adjoining residential or small commercial customers, or to multiple
				residential or small commercial customers served through a meter header or
				manifold. A service ends at the inlet of the customer meter or at the
				connection to a customer's piping, whichever is further upstream, or at the
				connection to customer piping if there is no meter.
(3)
Applicability
.
			 Every Massachusetts gas operator.
(4)
Annual CH Emission
			 Limits
.
(a)
Individual Operator Limits
. For each calendar year
			 specified in 310 CMR 7.73(4)(a):
Tables 1 through 6
, each
			 named gas operator shall ensure that the annual CH emissions from all of its
			 active mains and services, as calculated pursuant to 310 CMR 7.73(5)(b)7.,
			 shall not exceed the following maximum allowable annual CH emission limits:
Table 1 - Maximum Annual CH Emission Limits - Boston
							 Gas Company and Colonial Gas Company each d/b/a National Grid
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
108,647
2021
106,817
2022
102,699
2023
98,561
2024
94,532
Table 2a - Maximum Annual CH Emission Limits - Bay
							 State Gas Company d/b/a Columbia Gas of Massachusetts and Eversource Gas
							 Company of Massachusetts
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
24,399
Table 2b - Maximum Annual CH Emission Limits -
							 Eversource Gas Company of Massachusetts
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2021
25,341
2022
23,039
2023
20,825
2024
18,567
Table 3 - Maximum Annual CH Emission Limits - The
							 Berkshire Gas Company
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
3,490
2021
3,112
2022
2,945
2023
2,776
2024
2,605
Table 4 - Maximum Annual CH Emission Limits -
							 Fitchburg Gas and Electric Light Company d/b/a Unitil
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
1,981
2021
1,713
2022
1,618
2023
1,541
2024
1,477
Table 5 - Maximum Annual CH Emission Limits - Liberty
							 Utilities (New England Natural Gas Company) Corp.
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
5,445
2021
5,066
2022
4,670
2023
4,273
2024
3,877
Table 6 - Maximum Annual CH Emission Limits - NSTAR
							 Gas Company d/b/a Eversource Energy
Calendar Year
Maximum Allowable CH Emissions (metric tons of carbon
							 dioxide equivalent)
2020
25,358
2021
23,939
2022
22,212
2023
20,486
2024
18,756
(b)
Sum of Individual Operator Limits
. For each calendar
			 year, 310 CMR 7.73(4)(b):
Table 7
lists the sum of the annual
			 CH emission limits from all active mains and services of gas operators named in
			 310 CMR 7.73(4)(a):
Tables 1
through
6
:
Table 7 - Sum of Annual CH Emission Limits from Mains
							 and Services of Gas Operators named in 310 CMR 7.73(4)(a): Tables 1 through
							 6
Calendar Year
CH Emissions (metric tons of carbon dioxide
							 equivalent)
2020
169,320
2021
165,988
2022
157,183
2023
148,468
2024
139,814
(c)
CH Emissions Set-aside, Aggregate Limits and Petition Process for
			 Modifying CH Emission Limit
.
1.
			 The Department has set-aside the quantities of CH in 310 CMR 7.73(4)(c):
Table 8
for each calendar year for gas operators that petition
			 to modify their limits in 310 CMR 7.73(4) based on 310 CMR 7.73(4)(c)3. For
			 each calendar year specified in 310 CMR 7.73(4)(c):
Table 8
,
			 the annual CH emission limits from all active mains and services of gas
			 operators named in 310 CMR 7.73(4)(a):
Tables 1
through
6
shall not exceed the maximum allowable annual aggregate CH
			 emission limits in 310 CMR 7.73(4)(c):
Table 8
.
Table 8 - CH Emissions Set-aside and Maximum Annual
							 Aggregate CH Emission Limit
Calendar Year
CH Emissions Set-aside
Maximum Allowable Annual Aggregate CH Emission
							 Limit
(metric tons of carbon dioxide
							 equivalent)
2020
39,509
208,829
2021
37,990
203,978
2022
37,550
194,733
2023
37,114
185,576
2024
36,682
176,496
2. Upon
			 written petition from a gas operator, the Department may modify the CH emission
			 limits and allocate additional CH in excess of the limits in 310 CMR 7.73(4)(a)
			 provided that the set-aside amount of CH in each calendar year in 310 CMR
			 7.73(4)(c):
Table 8
is not exceeded.
3. The basis for the petition shall be the
			 Annual Report for Calendar Year 20[XX] Gas Distribution System submitted by the
			 gas operator to the United States Department of Transportation Pipeline and
			 Hazardous Materials Safety Administration (PHMSA).
4.
Requirements for the
			 Petition
.
a. The gas operator
			 shall submit the petition to the Department no later than the April
			 15th after the end of the calendar year for which
			 the gas operator seeks to have additional CH allocated, and include a copy of
			 the Annual Report submitted to PHMSA.
b. The petition shall be signed and certified
			 in accordance with the requirements at 310 CMR 7.73(5)(b)9.
5. In its sole discretion, the
			 Department will approve or deny the petition in writing within 60 days of
			 receipt of the petition. During the 60-day review period, the Department may
			 request additional information from the gas operator. Depending on when the
			 Department receives the information, and the volume of the information, the
			 Department may extend the 60-day review period.
a. If the Department approves the petition,
			 calculates a modified or new limit, and/or allocates additional CH, the
			 modified CH emission limit(s) in the approval letter shall be enforceable in
lieu
of the CH emission limit in 310 CMR 7.73(4)(a).
b. If the Department denies the
			 petition, the gas operator may request an adjudicatory hearing on the decision,
			 by filing a notice of claim with the Department within 21 days of the date of
			 issuance of the Department's denial of the petition pursuant to
			 310
			 CMR 1.01:
Adjudicatory Proceeding
			 Rules for the Department of Environmental
			 Protection
.