New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 242-10.5 - CO[2] emissions offset project standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Avoided methane emissions from
					 agricultural manure management operations'. To qualify for the award of
					 CO2 offset allowances under this Subpart, offset
					 projects that capture and destroy methane from animal manure and organic food
					 waste using anaerobic digesters shall meet the requirements of this subdivision
					 and all applicable requirements of this Subpart.
(1) 'Eligibility'.
(i) Eligible offset projects shall consist of
					 the destruction of that portion of methane generated by an anaerobic digester
					 that would have been generated in the absence of the offset project through the
					 uncontrolled anaerobic storage of manure or organic food waste.
(ii) Eligible offset projects shall employ
					 only manure-based anaerobic digester systems using livestock manure as the
					 majority of digester feedstock, defined as more than 50 percent of the mass
					 input into the digester on an annual basis. Organic food waste used by an
					 anaerobic digester shall only be that which would have been stored in anaerobic
					 conditions in the absence of the offset project.
(iii) The provisions of paragraphs
					 242-10.3(c)(2) and (3) of this Subpart shall not apply to agricultural manure
					 management offset projects provided either of the following requirements are
					 met.
(a) The offset project is located in a
					 state that has a market penetration rate for anaerobic digester projects of
					 five percent or less. The market penetration determination shall utilize the
					 most recent market data available at the time of submission of the consistency
					 application pursuant to section
					 242-10.4  of
					 this Subpart and shall be determined as follows:
MP (%) = MGAD / MGSTATE
						where:
MGAD = 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
						242-10.4  of
						this Subpart.
MGSTATE = 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
						242-10.4  of
						this Subpart.
(b) The
					 offset project is located at a farm with 4,000 or less head of dairy cows, or a
					 farm with equivalent animal units, assuming an average live weight for dairy
					 cows (lbs/cow) of 1,400 lbs., or, if the project is a regional-type digester,
					 total annual manure input to the digester is designed to be less than the
					 average annual manure produced by a farm with 4,000 or less head of dairy cows,
					 or a farm with equivalent animal units, assuming an average live weight for
					 dairy cows (lbs/cow) of 1,400 lbs.