Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2011

2011/364

Coat of Arms of New Zealand

Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of October 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 163 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation 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

1  Title

2  Commencement

3  Application

4  Principal regulations amended

5  Interpretation

6  Collection and recording of information for purpose of calculating emissions from mining coal

7  Method of calculating emissions from mining coal

8  New regulations 11A to 11C inserted

9  Application of regulations 22 to 26

10  Standard method for calculating emissions from combusting used oil, waste oil, used tyres, or waste—option 1

11  Standard method for calculating emissions from combusting used oil, waste oil, used tyres, or waste—option 2

12  Continuous emissions monitoring method for calculating emissions from combusting used oil, waste oil, used tyres, or waste

13  Periodic source testing method for calculating emissions from combusting used oil, waste oil, used tyres, or waste

14  Calculating total emissions from combusting used oil, waste oil, used tyres, or waste

15  New regulations 26A to 26C inserted

16  New table 10 of Schedule 2 substituted

Schedule
New table 10 of Schedule 2 substituted


Regulations

1  Title
  • These regulations are the Climate Change (Stationary Energy and Industrial Processes) Amendment Regulations 2011.

2  Commencement
  • These regulations come into force on 1 February 2012.

3  Application
  • These regulations apply on and from 1 January 2011.

4  Principal regulations amended
5  Interpretation
  • Regulation 3(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    industrial waste means waste from the production of aluminium or the refinement of oil

    mining facility means a facility where coal is mined; and includes coal mined from different seams within the facility

    municipal waste means waste other than industrial waste

    UCG operation means an underground coal gasification operation in which—

    • (a) coal is converted to gas by—

      • (i) pumping air into an underground coal seam; and

      • (ii) partially combusting coal in the coal seam; and

    • (b) the gas is brought to the surface.

6  Collection and recording of information for purpose of calculating emissions from mining coal
  • Regulation 10(1) is amended by inserting at each mining facility after in relation to each class of mined coal.

7  Method of calculating emissions from mining coal
  • (1) Regulation 11(1) is amended by inserting at each mining facility after mined coal.

    (2) Regulation 11(2) is amended by inserting at each mining facility after in relation to fugitive coal seam gas from each category of coal.

8  New regulations 11A to 11C inserted
  • The following regulations are inserted after regulation 11:

    11A Application of regulations 11B and 11C
    • (1) Despite regulation 9, a person must comply with regulations 11B and 11C if the person, in any year, is a participant under section 54(1)(a) of the Act in respect of the activity in Part 3 of Schedule 3 of the Act of mining coal where—

      • (a) the volume of coal mined exceeds 2 000 tonnes in a year; and

      • (b) the coal is converted to gas via a UCG operation.

      (2) Regulations 11B and 11C apply only in relation to coal that is converted to gas via a UCG operation by the person on or after 1 January 2011.

    11B Collection and recording of information for purpose of calculating emissions from coal converted to gas via UCG operation
    • The following information must be collected and recorded in relation to each class of mined coal at each mining facility for the year that the coal is converted to gas via a UCG operation:

      • (a) the total quantity, in tonnes, of the gas brought to the surface; and

      • (b) the total mass fraction of carbon in the gas brought to the surface.

    11C Method of calculating emissions from coal converted to gas via UCG operation
    • Emissions for the year in relation to each class of mined coal, at each mining facility, that is converted to gas via a UCG operation must be calculated in accordance with the following formula:

      E = C × [(0.995 × mc × 3.6641) + 0.0099]

      where—

      E
      is the emissions for the class of coal in tCO2e
      C
      is the quantity, in tonnes, of gas brought to the surface, as recorded under regulation 11B(a)
      0.995
      is the relevant oxidation factor
      mc
      is the mass fraction of carbon in the gas brought to the surface, as recorded under regulation 11B(b)
      3.6641
      is the emissions factor for pure carbon
      0.0099
      is the combined emissions factor for methane and nitrous oxide.
9  Application of regulations 22 to 26
  • (1) Regulation 21(1)(a) is amended by omitting or waste and substituting or municipal waste.

    (2) Regulation 21(2)(a) is amended by omitting or waste and substituting or municipal waste.

    (3) Regulation 21(2)(b) is amended by omitting or waste and substituting or municipal waste.

10  Standard method for calculating emissions from combusting used oil, waste oil, used tyres, or waste—option 1
  • (1) The heading to regulation 22 is amended by omitting or waste—option 1 and substituting or municipal waste—option 1.

    (2) Regulation 22 is amended by omitting or waste, and substituting or municipal waste,.

    (3) Regulation 22(a)(i) is amended by omitting or waste combusted and substituting or municipal waste combusted.

    (4) Regulation 22(a)(ii) is amended by omitting or waste referred and substituting or municipal waste referred.

    (5) Regulation 22(b) is amended by omitting or waste as and substituting or municipal waste as.

    (6) Variable A in regulation 22(b) is amended by omitting or waste combusted and substituting or municipal waste combusted.

    (7) Variable CV in regulation 22(b) is amended by omitting or waste calculated and substituting or municipal waste calculated.

    (8) Variable E1 in regulation 22(b) is amended by omitting or waste combusted and substituting or municipal waste combusted.

    (9) Paragraph (a) of variable EF in regulation 22(b) is amended by omitting or waste for and substituting or municipal waste for.

    (10) Paragraph (a) of variable EF in regulation 22(b) is amended by omitting or waste from and substituting or municipal waste from.

    (11) Paragraph (b) of variable EF in regulation 22(b) is amended by omitting or waste for and substituting or municipal waste for.

11  Standard method for calculating emissions from combusting used oil, waste oil, used tyres, or waste—option 2
  • (1) The heading to regulation 23 is amended by omitting or waste—option 2 and substituting or municipal waste—option 2.

    (2) Regulation 23 is amended by omitting or waste, and substituting or municipal waste,.

    (3) Regulation 23(a)(i) is amended by omitting or waste in and substituting or municipal waste in.

    (4) Regulation 23(b) is amended by omitting or waste as and substituting or municipal waste as.

    (5) Variable D in regulation 23(b) is amended by omitting class of waste or used oil and substituting class of used or waste oil.

    (6) Variable D in regulation 23(b) is amended by omitting or waste in and substituting or municipal waste in.

    (7) Variable E2 in regulation 23(b) is amended by omitting or waste combusted and substituting or municipal waste combusted.

    (8) Paragraph (a) of variable EF in regulation 23(b) is amended by omitting or waste for and substituting or municipal waste for.

    (9) Paragraph (a) of variable EF in regulation 23(b) is amended by omitting or waste from and substituting or municipal waste from.

    (10) Paragraph (b) of variable EF in regulation 23(b) is amended by omitting or waste for and substituting or municipal waste for.

12  Continuous emissions monitoring method for calculating emissions from combusting used oil, waste oil, used tyres, or waste
  • (1) The heading to regulation 24 is amended by omitting or waste and substituting or municipal waste.

    (2) Regulation 24(1) is amended by omitting or waste must, and substituting or municipal waste must,.

    (3) Regulation 24(1)(a)(i) is amended by omitting or waste and substituting or municipal waste.

    (4) Regulation 24(1)(f) is amended by omitting class of waste or used oil and substituting class of used or waste oil.

    (5) Regulation 24(1)(f) is amended by omitting or waste in and substituting or municipal waste in.

    (6) Variable E3 in regulation 24(1)(f) is amended by omitting or waste combusted and substituting or municipal waste combusted.

13  Periodic source testing method for calculating emissions from combusting used oil, waste oil, used tyres, or waste
  • (1) The heading to regulation 25 is amended by omitting or waste and substituting or municipal waste.

    (2) Regulation 25 is amended by omitting or waste must and substituting or municipal waste must.

    (3) Regulation 25(d) is amended by omitting or waste, and substituting or municipal waste,.

    (4) Variable E4 in regulation 25(d) is amended by omitting or waste combusted and substituting or municipal waste combusted.

14  Calculating total emissions from combusting used oil, waste oil, used tyres, or waste
  • (1) The heading to regulation 26 is amended by omitting or waste and substituting or municipal waste.

    (2) Regulation 26 is amended by omitting or waste for and substituting or municipal waste for.

    (3) Regulation 26 is amended by omitting or waste combusted and substituting or municipal waste combusted.

15  New regulations 26A to 26C inserted
  • The following regulations are inserted after regulation 26:

    26A Application of regulations 26B and 26C
    • A person who, in any year, is a participant under section 54(1)(a) of the Act in respect of the activity in Part 3 of Schedule 3 of the Act of combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat must—

      • (a) collect and record information in respect of each class of industrial waste combusted by the person in the year in accordance with regulation 26B; and

      • (b) calculate emissions in respect of each class of industrial waste combusted by the person in the year in accordance with regulation 26C.

    26B Collection and recording of information for purpose of calculating emissions in respect of industrial waste
    • The information that must be collected and recorded in relation to each class of industrial waste combusted in the year is the total quantity, in tonnes, of pure carbon in the industrial waste.

    26C Method of calculating emissions from coal converted to gas via UCG operation in respect of industrial waste
    • Emissions for the year in relation to each class of industrial waste must be calculated in accordance with the following formula:

      E = (C × 3.6641)

      where—

      E
      is the emissions from the activity of combusting industrial waste for the year
      C
      is the quantity, in tonnes, of carbon in the class of industrial waste combusted in the year, as recorded under regulation 26B
      3.6641
      is the emissions factor for pure carbon.
16  New table 10 of Schedule 2 substituted
  • Schedule 2 is amended by revoking table 10 and substituting the table set out in the Schedule of these regulations.


Schedule
New table 10 of Schedule 2 substituted

r 16

Table 10
Mining or purchasing natural gas

ClassEmissions factorUnit
Kaimiro55.08tCO2e/TJ
Kapuni53.30tCO2e/TJ
Kapuni LTS84.15tCO2e/TJ
Kupe53.70tCO2e/TJ
McKee53.99tCO2e/TJ
Mangahewa53.33tCO2e/TJ
Maui52.45tCO2e/TJ
Ngatoro55.08tCO2e/TJ
Pohokura53.73tCO2e/TJ
Rimū/Kauri51.87tCO2e/TJ
TAWN52.78tCO2e/TJ
Turangi54.37tCO2e/TJ
National average (2011 calendar year)53.35tCO2e/TJ

 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 February 2012 but apply on and from 1 January 2011, amend the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 (the principal regulations).

The amendments adjust the requirements for collecting information and calculating emissions in respect of the activity in Part 3 of Schedule 3 of the Climate Change Response Act 2002 of combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat, specify a method of calculating emissions from underground coal gasification, and specify a method of calculating emissions from the activity of combusting industrial waste.

The amendments also adjust the emissions factors for mining or purchasing natural gas that are set out in table 10 of Schedule 2 of the principal regulations.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 October 2011.

These regulations are administered by the Ministry for the Environment.