B.C. Reg. 42/2022, deposited February 22, 2022, under the GREENHOUSE GAS INDUSTRIAL REPORTING AND CONTROL ACT [sections 46 and 47]. Order in Council 87/2022, approved and ordered February 22, 2022.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015, is amended as set out in the attached Appendix.

— G. HEYMAN, Minister of Environment and Climate Change Strategy; M. MARK, Presiding Member of the Executive Council.

Appendix

1 Section 5 (1) of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015, is amended by striking out "Greenhouse Gas Reduction Targets Act" and substituting "Climate Change Accountability Act".

2 The following section is added

Director may request information

11.1 (1) The director may require the operator of an industrial operation that the director reasonably suspects meets the description of a reporting operation in section 8 of this regulation to submit information and records to the director for the purpose of determining whether an industrial operation meets that description.

(2) The operator of an industrial operation must comply with the director's requirement for information and records under subsection (1).

(3) The director may specify the form and manner of the information required under subsection (1).

3 Section 14 (5) (b) is amended by striking out "section 4" and substituting "section 5".

4 Section 15 (3) is amended by repealing paragraphs (a) and (b) and substituting the following:

(a) attributable to specified imports and specified exports, as defined in section 1 of Schedule D, in accordance with section 3 of that Schedule, and

(b) attributable to unspecified imports and unspecified exports, as defined in section 1 of Schedule D, in accordance with section 4 of that Schedule.

5 Column 3 of table 3 of Schedule A is amended by striking out "Schedule E" in items 1 and 2 and substituting "Schedule D".

6 Table 4 of Schedule A is amended

(a) in the heading of Column 4 by striking out "Bleed study" and substituting "Vent study", and

(b) in the heading of Column 5 by striking out "Low emission retrofitted devices only" and substituting "Low emission study (applicable to retrofitted devices only)".

7 Schedules D and E are repealed and the following substituted:

Schedule D

Information and Quantification of Electricity Emissions

Definitions

1 In this Schedule:

"Canadian entitlement power" means imported electricity that is a downstream power benefit to which Canada is entitled as described in Articles V (1) and VII of the Columbia River Treaty and determined in accordance with that treaty;

"Columbia River Treaty" means the treaty between Canada and the United States of America relating to the Cooperative Development of the Water Resources of the Columbia River Basin, including its Annexes A and B, signed at Washington, District of Columbia, United States of America on the seventeenth day of January, 1961, and the Protocol brought into force by the exchange of instruments of ratification and an exchange of notes on September 16, 1964;

"electricity transaction" means the purchase, sale, import, export or exchange of electric power;

"electricity wheeled through British Columbia" means electricity that is imported into British Columbia but simultaneously the same amount of electricity is exported out of British Columbia;

"plant information summary" means the plant information table included in the Final Default Emissions Factor Calculator most recently published by the Western Climate Initiative and made available by the director;

"specified export" means,

(a) subject to paragraph (b), electricity exported by an electricity import operation that the operation can identify as being generated at a specified electricity generating facility or sub-facility because

(i) the facility or sub-facility is identified, in the power contract under which the electricity was exported, as the source of the exported electricity, and the electricity is scheduled for delivery directly from a point of receipt associated with the facility or sub-facility to a point outside of British Columbia, or

 (ii) the operator of the electricity import operation

(A) is the owner of the facility or sub-facility and the electricity is scheduled for delivery directly from a point of receipt associated with the facility or sub-facility to a point outside of British Columbia, or

(B) reports, under the rules or regulations of the importing jurisdiction, that the electricity is generated by and delivered from the facility or sub-facility, and the electricity is traceable to the facility or sub-facility by a NERC E-tag or other information or records submitted in accordance with section 2, and

(b) electricity exported as described in paragraph (a) does not include electricity wheeled through British Columbia;

"specified import" means

(a) subject to paragraph (b), imported electricity that the electricity import operation can identify as being generated at a specified electricity generating facility or sub-facility because

(i) the operation is controlled by the owner of the facility or sub-facility, or

(ii) the facility or sub-facility is identified in the power contract under which the electricity was imported, and

(b) imported electricity as described in paragraph (a) does not include Canadian entitlement power and electricity wheeled through British Columbia;

"specified source", in relation to an electricity transaction respecting specified imports and specified exports, means

(a) a sub-facility,

(i) if the director specifies an emission factor in relation to the sub-facility, or

(ii) if the director does not specify an emission factor in relation to the sub-facility or the facility related to the sub-facility and the plant information summary identifies emissions and net generation for that sub-facility, or

(b) if paragraph (a) does not apply, the facility related to the sub-facility;

"sub-facility" means any electrical generating unit or group of electrical generating units within a facility;

"unspecified export" means exported electricity that is not a specified export and is not electricity wheeled through British Columbia;

"unspecified import" means imported electricity, other than Canadian entitlement power, that is not a specified import and is not electricity wheeled through British Columbia;

"unspecified source" means the pool, balancing authority or other source of electricity that is not a specified source.

Other information or records acceptable for "specified export"

2 For the purposes of the definition of "specified export", the director may accept information or records that the director considers satisfactory to confirm the electricity is traceable to the facility or sub-facility.

Calculation of emissions from specified sources

3 The emissions reported for each specified source under section 5 (a) (vi) and (c) (iv) of this Schedule must be calculated in accordance with the following equation:

Calculation of emissions from unspecified sources

4 The emissions reported for each unspecified source under section 5 (b) (ii) and (d) (ii) of this Schedule must be calculated in accordance with the following equation:

Reporting requirements

5 For the purpose of section 14 (5) (b) of this regulation, the emission report of an electricity import operation must include the following:

(a) for each specified source of electricity imported by the electricity import operation during the reporting period,

(i) if the specified source is a facility, the name of that facility,

(ii) if the specified source is a sub-facility, the name of the facility that includes the specified source,

(iii) the identification provided in the plant information summary for the facility referred to in subparagraph (i) or (ii), if any,

(iv) if the specified source is a sub-facility, the identification provided in the plant information summary for the sub-facility, if any,

(v) for imported electricity generated by the specified source and imported by the reporting operation during the reporting period, amounts of that electricity as measured at the first point of delivery in British Columbia, in mega-watt hours, and

(vi) the amount of emissions attributable to the electricity import operation associated with the production of electricity referred to in subparagraph (v) and calculated in accordance with section 3;

(b) for each unspecified source of electricity imported by the electricity import operation during the reporting period,

(i) the amount of electricity imported as measured at the first point of delivery in British Columbia, in megawatt-hours, and

(ii) the amount of emissions attributable to the electricity import operation associated with the production of electricity referred to in subparagraph (i) and calculated in accordance with section 4;

(c) for each specified source of electricity exported by the electricity import operation during the reporting period,

(i) if the specified source is a facility, the name of that facility,

(ii) if the specified source is a sub-facility, the name of the facility that includes the specified source,

(iii) the amount of specified exports from the specified source as measured at the final point of delivery in British Columbia, in mega-watt hours, and

(iv) the amount of emissions from the production of electricity referred to in subparagraph (iii) and calculated in accordance with section 3;

(d) for each unspecified source of electricity exported by the electricity import operation during the reporting period,

(i) the amount of unspecified exports as measured at the final point of delivery in British Columbia, in mega-watt hours, and

(ii) the amount of emissions from the production of electricity referred to in subparagraph (i) and calculated in accordance with section 4;

(e) electricity wheeled through British Columbia, during the reporting period, that is owned by the electricity import operation as measured at the first point of delivery in British Columbia, in megawatt-hours;

(f) Canadian entitlement power, in megawatt-hours, supplied to the British Columbia electrical transmission grid during the reporting period.

Emission intensity factor calculation

6 The director must publish the emission intensity factor that represents, for the reporting period for each electrical transmission grid in British Columbia, the carbon dioxide equivalent tonnes per megawatt-hour averaged for the 4 calendar years preceding the reporting period, calculated in accordance with the following steps in the following order:

(a) for each of the following values in the formulas in paragraphs (c) and (d), add the total emissions for the 4 calendar years preceding the reporting period:

(i) GHG_generation;

(ii) GHG_SI;

(iii) GHG_SE;

(iv) GHG_UI;

(v) GHG_UE;

(b) for each of the following values in the formula in paragraph (d), add the total megawatt-hours for each value for the 4 calendar years preceding the reporting period:

(i) MWh_generation;

(ii) MWh_SI;

(iii) MWh_SE;

(iv) MWh_UI;

(v) MWh_UE;

(c) determine the value GHG_UT in accordance with the following formula:

(d) determine the emission intensity factor in accordance with the following formula:

Calculation

7 Emissions from the production and transmission of electricity acquired from a British Columbia electrical transmission grid, attributable to an LNG operation or a facility of a different industrial operation under section 4 (1) (c) and (d) of the regulation for a reporting period, are calculated by multiplying

(a) the total electricity used in the compliance period in megawatt-hours for primary and ancillary purposes that is acquired from the grid, and

(b) the most recent emission intensity factor for the grid calculated in accordance with section 6 (d) of this Schedule and published by the director at the end of the compliance period.

Exception

8 (1) If an LNG operation acquires electricity other than from any of the following, the emissions are quantified in accordance with subsection (2):

(a) the British Columbia electrical transmission grid;

(b) electricity generation that is part of the LNG operation;

(c) a facility of a different industrial operation referred to in section 4 (1) (c) and (d) of the regulation.

(2) The emissions referred to in subsection (1) are quantified by multiplying

(a) the emissions from the generation of electricity reported in the emission report of the producer of the electricity, and

(b) the fraction of that electricity supplied to that LNG operation.

Copyright © 2022: Queen's Printer, Victoria, British Columbia, Canada