Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination amends the National Greenhouse and Energy Reporting (Measurement) Determination 2008 to: • support the Clean Energy Act 2011; • provide for methods to estimate potential emissions embodied in natural gas under section 7B of the National Greenhouse and Energy Reporting Act 2007; • elaborate the methods specified for certain sectors; • update scope 2 emissions factors for the consumption of electricity; •respond to feedback from stakeholders and industry groups; and • provide clarification of methodologies to improve the consistency and accuracy of emission estimates.
Administered by: Climate Change and Energy Efficiency
Registered 29 Jun 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

Commonwealth Coat of Arms

I, GREG COMBET, Minister for Climate Change and Energy Efficiency, make the following determination under section 7B and subsection 10 (3) of the National Greenhouse and Energy Reporting Act 2007.

Dated 27 June 2012

GREG COMBET


1              Name of determination

                This determination is the National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2012 (No. 1).

2              Commencement

                This determination commences on 1 July 2012.

3              Amendment of National Greenhouse and Energy Reporting (Measurement) Determination 2008

                Schedule 1 amends the National Greenhouse and Energy Reporting (Measurement) Determination 2008.


Schedule 1        Amendments

(section 3)

  

[1]           Subsections 1.3 (1) and (2)

substitute

         (1)   This determination is made under section 7B and subsection 10 (3) of the National Greenhouse and Energy Reporting Act 2007. It provides for the measurement of the following:

                (a)    greenhouse gas emissions arising from the operation of facilities;

               (b)    the production of energy arising from the operation of facilities;

                (c)    the consumption of energy arising from the operation of facilities;

               (d)    potential greenhouse gas emissions embodied in an amount of natural gas.

         (2)   This determination deals with scope 1 emissions, scope 2 emissions and potential greenhouse gas emissions embodied in an amount of natural gas.

Note 1   Facility has the meaning given by section 9 of the Act.

Note 2   Potential greenhouse gas emissions embodied in an amount of designated fuel has the meaning given by section 7B of the Act.

Note 3   Natural gas has the meaning given by the Regulations.

Note 4   Scope 1 emission and scope 2 emission have the meaning given by section 10 of the Act (also see, respectively, regulations 2.23 and 2.24 of the Regulations).

[2]           Subsection 1.4 (2)

omit

                Generally:

insert

                For scope 1 emissions or scope 2 emissions:

[3]           Paragraph 1.4 (2) (b)

after

method 2 is

insert

generally

[4]           Paragraph 1.4 (2) (c)

after

method 3 is

insert

generally

[5]           After subsection 1.4 (2)

insert

         (3)   For potential greenhouse gas emissions embodied in an amount of natural gas:

                (a)    the default method set out in section 1.10B is based on national average estimates; and

               (b)    the prescribed alternative method set out in Subdivision 1.1A.2.2 uses Australian or equivalent standards for analysis.

[6]           Section 1.8

insert

ACARP Guidelines means the document entitled Guidelines for the Implementation of NGER Method 2 or 3 for Open Cut Coal Mine Fugitive GHG Emissions Reporting (C20005), published by the Australian Coal Association Research Program in December 2011.

[7]           Section 1.8, definition of API Compendium

substitute

API Compendium means the document entitled Compendium of Greenhouse Gas Emissions Methodologies for the Oil and Natural Gas Industry, published in August 2009 by the American Petroleum Institute.

Note   The API Compendium is available at www.api.org.

[8]           Section 1.8

insert

Australian legal unit of measurement has the meaning given by the National Measurement Act 1960.

[9]           Section 1.8

insert

base of the low gas zone means the part of the low gas zone worked out in accordance with section 3.25A.

[10]         Section 1.8

insert

domain, of an open cut mine, means an area, volume or coal seam in which the variability of gas content and the variability of gas composition in the open cut mine have a consistent relationship with other geological, geophysical or spatial parameters located in the area, volume or coal seam.

[11]         Section 1.8

insert

estimator, of fugitive emissions from an open cut mine using method 2 under section 3.21 or method 3 under section 3.26, means:

                (a)    an individual who has the minimum qualifications of an estimator set out in the ACARP Guidelines; or

               (b)    individuals who jointly have those minimum qualifications.

[12]         Section 1.8, definition of gas bearing strata

substitute

gas bearing strata is coal and carbonaceous rock strata:

                (a)    located in an open cut mine; and

               (b)    that has a relative density of less than 1.95 g/cm3.

[13]         Section 1.8

insert

legacy waste means waste deposited at a landfill before 1 July 2012.

[14]         Section 1.8

insert

low gas zone means the part of the gas bearing strata of an open cut mine:

                (a)    that is located immediately below the original surface of the mine and above the base of the low gas zone; and

               (b)    the area of which is worked out by working out the base of the low gas zone.

[15]         Section 1.8

insert

natural gas has the meaning given by the Regulations.

[16]         Section 1.8

insert

natural gas supply pipeline has the meaning given by the Clean Energy Act 2011.

[17]         Section 1.8

insert

non‑legacy waste means waste deposited at a landfill on or after 1 July 2012.

[18]         Section 1.8, definition of open cut mine

substitute

open cut mine:

                (a)    means a mine in which the overburden is removed from coal seams to allow coal extraction by mining that is not underground mining; and

               (b)    for method 2 in section 3.21 or method 3 in section 3.26—includes a mine of the kind mentioned in paragraph (a):

                          (i)    for which an area has been established but coal production has not commenced; or

                         (ii)    in which coal production has commenced.

[19]         Section 1.8

insert

primary wastewater treatment plant:

                (a)    means a treatment facility at which wastewater undergoes physical screening, degritting and sedimentation; and

               (b)    does not include a treatment facility at which any kind of nitrification or denitrification treatment process occurs.

[20]         Section 1.8, definition of reductant

substitute

reductant:

                (a)    means a reducing agent or substance:

                          (i)    that causes another substance to undergo reduction; and

                         (ii)    that is oxidised while causing the substance to undergo reduction; and

               (b)    does not include fuels that are combusted only to produce energy.

[21]         Section 1.8, definition of sludge biogas

substitute

sludge biogas has the meaning given by the Regulations.

[22]         Section 1.8

insert

supply has the meaning given by the Clean Energy Act 2011.

[23]         Section 1.8, note

substitute

Note   The following expressions in this Determination are defined in the Act:

·      carbon dioxide equivalence

·      consumption of energy (see also regulation 2.26 of the Regulations)

·      energy

·      facility

·      greenhouse gas

·      group

·      industry sector

·      operational control

·      potential greenhouse gas emissions

·      production of energy (see also regulation 2.25 of the Regulations)

·      registered corporation

·      scope 1 emission (see also regulation 2.23 of the Regulations)

·      scope 2 emission (see also regulation 2.24 of the Regulations).

[24]         Subsection 1.9 (4)

omit

2010.

insert

2012.

[25]         Subsection 1.10 (1), table, after item 3O

insert

3P

 

Sodium cyanide production

[26]         After Part 1.1

Part 1.1A            Potential greenhouse gas emissions embodied in an amount of natural gas

Division 1.1A.1     Preliminary

1.10A      Purpose of Part

                This Part provides for:

                (a)    the measurement of potential greenhouse gas emissions embodied in an amount of natural gas in accordance with the default method set out in section 1.10B; and

               (b)    the ascertainment of potential greenhouse gas emissions embodied in an amount of natural gas in accordance with the prescribed alternative method set out in Subdivision 1.1A.2.2.

Division 1.1A.2     Available methods

Subdivision 1.1A.2.1          Default method

1.10B     Default method

                For subsection 7B (2) of the Act, the amount of greenhouse gas that would be released into the atmosphere as a result of the combustion of an amount of natural gas is determined to be the amount that results from using the following formula:

where:

E is the amount of greenhouse gas that would be released into the atmosphere as a result of the combustion of an amount of natural gas, measured in CO2‑e tonnes.

Q is taken to be the amount of natural gas supplied using a natural gas supply pipeline by a person in a reporting year, measured in:

                (a)    cubic metres, corrected to standard conditions; or

               (b)    gigajoules.

A is the value specified for subsection 7B (2) of the Act, worked out using the following formula:

where:

EC is the energy content factor, which:

                (a)    for natural gas measured in gigajoules, is equal to 1; or

               (b)    for natural gas measured in cubic metres, corrected to standard conditions, is:

                          (i)    mentioned in column 3 of item 17 of Part 2 of Schedule 1; or

                         (ii)    estimated by analysis in accordance with sections 1.10D, 1.10E and 1.10F.

EFCO2ox,ec is the emission factor for CO2 mentioned in column 4 of item 17 of Part 2 of Schedule 1.

EFCH4 is the emission factor for CH4 mentioned in column 5 of item 17 of Part 2 of Schedule 1.

EFN2O is the emission factor for N2O mentioned in column 6 of item 17 of Part 2 of Schedule 1.

Note   For a provision that:

(a)   specifies pipelines that are not natural gas supply pipelines, see regulation 1.8 of the Clean Energy Regulations 2011; and

(b)   describes when the supply of natural gas occurs, see section 6 of the Clean Energy Act 2011 and regulation 1.10 of the Clean Energy Regulations 2011.

Subdivision 1.1A.2.2          Prescribed alternative method

1.10C     Prescribed alternative method

         (1)   For subsections 7B (3) and 7B (4) of the Act, this Subdivision specifies the prescribed alternative method for ascertaining the potential greenhouse gas emissions embodied in an amount of natural gas.

         (2)   For subsection (1), work out the potential greenhouse gas emissions embodied in an amount of natural gas using the following formula:

where:

E is the potential greenhouse gas emissions embodied in an amount of natural gas, measured in CO2‑e tonnes.

Q is the amount of natural gas supplied using a natural gas supply pipeline by a person in a reporting year, measured in:

                (a)    cubic metres, corrected to standard conditions; or

               (b)    gigajoules.

EC is the energy content factor, which:

                (a)    for natural gas measured in gigajoules, is equal to 1; or

               (b)    for natural gas measured in cubic metres, corrected to standard conditions is:

                          (i)    mentioned in column 3 of item 17 of Part 2 of Schedule 1; or

                         (ii)    estimated by analysis in accordance with sections 1.10D, 1.10E and 1.10F.

EFCH4 is the emission factor for CH4 mentioned in column 5 of item 17 of Part 2 of Schedule 1.

EFN2O is the emission factor for N2O mentioned in column 6 of item 17 of Part 2 of Schedule 1.

EFCO2ox,ec is the carbon dioxide emission factor for natural gas supplied using a natural gas supply pipeline by a person in a reporting year, measured in kilograms CO2‑e per gigajoule and calculated in accordance with subsection (3).

         (3)   For subsection (2), work out the emission factor EFCO2ox,ec using the following steps:

Step 1

Estimate EFCO2ox,kg in accordance with the following formula:

where:

EFCO2ox,kg is the carbon dioxide emission factor for natural gas supplied using a natural gas supply pipeline by a person in a reporting year, incorporating the effects of a default oxidation factor expressed as kilograms of carbon dioxide per kilogram of natural gas.

Σy is sum for all component gas types.

moly%, for each component gas type (y) mentioned in the table in subsection (5), is that gas type’s share of:

   (a)  1 mole of natural gas supplied using a natural gas supply pipeline, expressed as a percentage; or

  (b)  the total volume of natural gas supplied using a natural gas supply pipeline, expressed as a percentage.

mwy, for each component gas type (y) mentioned in the table in subsection (5), is the molecular weight of the component gas type (y), measured in kilograms per kilomole.

V is the volume of 1 kilomole of the gas at standard conditions, which is 23.6444 cubic metres.

dy, total is worked out in accordance with subsection (4).

fy for each component gas type (y) mentioned in the table in subsection (5), is the number of carbon atoms in a molecule of the component gas type (y).

OFg is the oxidation factor 0.995 applicable to natural gas supplied using a natural gas supply pipeline.

Step 2

Work out the emission factor EFCO2ox,ec from the combustion of natural gas supplied using a natural gas supply pipeline, expressed in kilograms of carbon dioxide per gigajoule, using information on the composition of each component gas type (y) mentioned in the table in subsection (5), in accordance with the following formula:

where:

EFCO2ox,kg is the carbon dioxide emission factor for natural gas supplied using a natural gas supply pipeline by a person in a reporting year, incorporating the effects of a default oxidation factor expressed as kilograms of carbon dioxide per kilogram of natural gas, worked out under step 1.

EC is the energy content factor, measured in GJ/m3:

    (a)     mentioned in column 3 of item 17 of Part 2 of Schedule 1; or

   (b)     estimated by analysis in accordance with sections 1.10D, 1.10E and 1.10F.

C is the density of natural gas supplied using a natural gas supply pipeline, expressed in kilograms of natural gas per cubic metre, analysed in accordance with a standard mentioned in subsection 1.10E (3).

         (4)   For subsection (3), dy, total is worked out using the following formula:

where:

Σy is sum for all component gas types.

moly%, for each component gas type (y) mentioned in the table in subsection (5), is that gas type’s share of:

                (a)    1 mole of natural gas supplied using a natural gas supply pipeline, expressed as a percentage; or

               (b)    the total volume of natural gas supplied using a natural gas supply pipeline, expressed as a percentage.

mwy, for each component gas type (y), is the molecular weight of the component gas type (y) measured in kilograms per kilomole.

V is the volume of 1 kilomole of the gas at standard conditions, which is 23.6444 cubic metres.

         (5)   For subsection (3) and (4), the molecular weight and number of carbon atoms in a molecule of each component gas type (y) mentioned in column 2 of an item in the following table is set out in columns 3 and 4, respectively, for the item.

Item

Component gas type (y)

Molecular Wt (kg/kmole)

Number of carbon atoms in component molecules

1

Methane

16.043

1

2

Ethane

30.070

2

3

Propane

44.097

3

4

Butane

58.123

4

5

Pentane

72.150

5

6

Carbon monoxide

28.016

1

7

Hydrogen

2.016

0

8

Hydrogen sulphide

34.082

0

9

Oxygen

31.999

0

10

Water

18.015

0

11

Nitrogen

28.013

0

12

Argon

39.948

0

13

Carbon dioxide

44.010

1

Note   For a provision that:

(a)   specifies pipelines that are not natural gas supply pipelines, see regulation 1.8 of the Clean Energy Regulations 2011; and

(b)   describes when the supply of natural gas occurs, see section 6 of the Clean Energy Act 2011 and regulation 1.10 of the Clean Energy Regulations 2011.

1.10D     General requirements for sampling and analysis—prescribed alternative method

         (1)   Natural gas supplied using a natural gas supply pipeline must be sampled in accordance with:

                (a)    one of the standards mentioned in subsection (2) or a standard that is equivalent to one of those standards; or

               (b)    the requirements mentioned in subsections (3), (4) and (5).

         (2)   For paragraph (1) (a), the standards are the following:

                (a)    ISO 10715:1997;

               (b)    ASTM D 5287–97 (2002);

                (c)    ASTM F 307–02 (2007);

               (d)    ASTM D 5503–94 (2003);

                (e)    GPA 2166–05.

         (3)   Samples of natural gas supplied using a natural gas supply pipeline must:

                (a)    be derived from a composite of amounts of the natural gas in the natural gas supply pipeline; and

               (b)    be collected on enough occasions to produce a representative sample; and

                (c)    be free of bias so that any estimates are neither over nor under estimates of the true value.

         (4)   Bias must be tested in accordance with an appropriate standard (if any).

         (5)   The value obtained from the samples must be used for the delivery period, usage period or consignment of the natural gas supplied using a natural gas supply pipeline for which it was intended to be representative.

Note   For a provision that:

(a)   specifies pipelines that are not natural gas supply pipelines, see regulation 1.8 of the Clean Energy Regulations 2011; and

(b)   describes when the supply of natural gas occurs, see section 6 of the Clean Energy Act 2011 and regulation 1.10 of the Clean Energy Regulations 2011.

1.10E      Standards for analysing samples of natural gas supplied using natural gas supply pipeline

         (1)   Samples of natural gas supplied using a natural gas supply pipeline must be analysed:

                (a)    for analysis of energy content—in accordance with one of the following standards or a standard that is equivalent to one of the following standards:

                          (i)    ASTM D 1826—94 (2003);

                         (ii)    ASTM D 7164—05;

                        (iii)    ASTM 3588—98 (2003);

                        (iv)    ISO 6974, part 1 (2000);

                         (v)    ISO 6974, part 2 (2001);

                        (vi)    ISO 6974, part 3 (2000);

                       (vii)    ISO 6974, part 4 (2000);

                      (viii)    ISO 6974, part 5 (2000);

                        (ix)    ISO 6974, part 6 (2002);

                         (x)    ISO 6976:1995;

                        (xi)    GPA 2172—96; and

               (b)    for analysis of gas composition—in accordance with one of the following standards or a standard that is equivalent to one of the following standards:

                          (i)    ASTM D 1945—03;

                         (ii)    ASTM D 1946—90 (2006);

                        (iii)    ISO 6974, part 1 (2000);

                        (iv)    ISO 6974, part 2 (2001);

                         (v)    ISO 6974, part 3 (2000);

                        (vi)    ISO 6974, part 4 (2000);

                       (vii)    ISO 6974, part 5 (2000);

                      (viii)    ISO 6974, part 6 (2002);

                        (ix)    GPA 2145 – 03;

                         (x)    GPA 2261 – 00.

         (2)   The analysis of samples of natural gas supplied using a natural gas supply pipeline must be undertaken:

                (a)    by an accredited laboratory; or

               (b)    by a laboratory that meets requirements that are equivalent to the requirements in AS ISO/IEC 17025:2005; or

                (c)    using an online analyser if:

                          (i)    the online analyser is calibrated in accordance with an appropriate standard; and

                         (ii)    the online analysis is undertaken in accordance with this section.

Note   An example of an appropriate standard is ISO 10723: 1995 Natural gas—Performance evaluation of on‑line analytical systems.

         (3)   The density of natural gas supplied using a natural gas supply pipeline must be analysed in accordance with ISO 6976:1995 or in accordance with a standard that is equivalent to that standard.

Note   For a provision that:

(a)   specifies pipelines that are not natural gas supply pipelines, see regulation 1.8 of the Clean Energy Regulations 2011; and

(b)   describes when the supply of natural gas occurs, see section 6 of the Clean Energy Act 2011 and regulation 1.10 of the Clean Energy Regulations 2011.

1.10F      Frequency of analysis—prescribed alternative method

                Samples of natural gas supplied using a natural gas supply pipeline must be analysed:

                (a)    for gas composition—monthly; and

               (b)    for energy content:

                          (i)    if the samples are analysed using gas measuring equipment that is in category 1 or 2 of the following table—monthly; or

                         (ii)    if the samples are analysed using gas measuring equipment that is in category 3 or 4 of the following table—continuously.

Item

Gas measuring equipment category

Maximum daily quantity of natural gas supplied using a natural gas supply pipeline (GJ/day)

Transmitter and accuracy requirements (% of range)

1

1

0–1750

Pressure <±0.25%

Diff. pressure <±0.25%

Temperature <±0.50%

2

2

1751–3500

Pressure <±0.25%

Diff. pressure <±0.25%

Temperature <±0.50%

3

3

3501–17500

Smart transmitters:

Pressure <±0.10%

Diff. pressure <±0.10%

Temperature <±0.25%

4

4

17501 or more

Smart transmitters:

Pressure <±0.10%

Diff. pressure <±0.10%

Temperature <±0.25%

Note   For a provision that:

(a)   specifies pipelines that are not natural gas supply pipelines, see regulation 1.8 of the Clean Energy Regulations 2011; and

(b)   describes when the supply of natural gas occurs, see section 6 of the Clean Energy Act 2011 and regulation 1.10 of the Clean Energy Regulations 2011.

[27]         After subsection 1.18 (1)

insert

      (1A)   Subsections (2) and (3) do not apply to a facility if:

                (a)    the principal activity of the facility is electricity generation (ANZSIC industry classification and code 2611) and the generating unit used to perform the principal activity:

                          (i)    does not have the capacity to generate, in a reporting year, the amount of electricity mentioned in subparagraph 2.3 (3) (b) (i); and

                         (ii)    generates, in a reporting year, less than or equal to the amount of electricity mentioned in subparagraph 2.3 (3) (b) (ii); or

               (b)    the principal activity of the facility is electricity generation (ANZSIC industry classification and code 2611) and the generating unit used to perform the principal activity:

                          (i)    does not have the capacity to generate, in a reporting year, the amount of electricity mentioned in subparagraph 2.19 (3) (b) (i); and

                         (ii)    generates, in a reporting year, less than or equal to the amount of electricity mentioned in subparagraph 2.19 (3) (b) (ii).

[28]         After section 1.18

insert

1.18A      Conditions—persons preparing report must use same method

         (1)   This section applies if a person is required, under section 19, 22A, 22AA, 22E, 22G or 22X of the Act (a reporting provision), to provide a report to the Regulator for a reporting year or part of a reporting year (the reporting period).

         (2)   For paragraph 10 (3) (c) of the Act:

                (a)    the person must, before 31 August in the year immediately following the reporting year, notify any other person required, under a reporting provision, to provide a report to the Regulator for the same facility of the method the person will use in the report; and

               (b)    each person required to provide a report to the Regulator for the same facility and for the same reporting period must, before 31 October in the year immediately following the reporting year, take all reasonable steps to agree on a method to be used for each report provided to the Regulator for the facility and for the reporting period.

         (3)   If the persons mentioned in paragraph (2) (b) do not agree on a method before 31 October in the year immediately following the reporting year, each report provided to the Regulator for the facility and for the reporting period must use the method:

                (a)    that was used in a report provided to the Regulator for the facility for the previous reporting year (if any); and

               (b)    that will, of all the methods used in a report provided to the Regulator for the facility for the previous reporting year, result in a measurement of the largest amount of emissions for the facility for the reporting year.

         (4)   In this section, a reference to a method is a reference to a method or available alternative method, including the options (if any) included in the method or available alternative method.

Note 1   Reporting year has the meaning given by the Regulations.

Note 2   An example of available alternative methods is method 2 in section 2.5 and method 2 in section 2.6.

Note 3   An example of options included within a method is paragraphs 3.36 (a) and (b), which provide 2 options of ways to measure the size of mine void volume.

Note 4   An example of options included within an available alternative method is the options for identifying the value of the oxidation factor (OFs) in subsection 2.5 (3).

[29]         Subsections 1.19 (1) and (2)

substitute

         (1)   The procedure set out in this section applies if, during a reporting year, a method for a source or potential greenhouse gas emissions embodied in an amount of natural gas cannot be used because of a mechanical or technical failure of equipment during a period (the down time).

         (2)   For each day or part of a day during the down time, emissions from the source or potential greenhouse gas emissions embodied in an amount of natural gas must be calculated based on:

                (a)    the average daily emissions from the source estimated for the reporting year; or

               (b)    the average daily potential greenhouse gas emissions embodied in an amount of natural gas estimated for the reporting year.

[30]         Subsection 1.19 (4)

omit

1.18.

insert

1.18 or 1.18A.

[31]         Paragraphs 1.19H (4) (a), (b) and (c)

substitute

                (a)    for orifice plate measuring systems:

                          (i)    the publication entitled AGA Report No. 3, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids Part 3: Natural Gas Applications, published by the American Gas Association in August 1992; or

                         (ii)    Parts 1 to 4 of the publication entitled ANSI/API MPMS Chapter 14.3 Part 2 (R2011) Natural Gas Fluids Measurement: Concentric, Square-Edged Orifice Meters - Part 2: Specification and Installation Requirements, 4th edition, published by the American Petroleum Institute on 30 April 2000;

               (b)    for turbine measuring systems—the publication entitled AGA Report No. 7, Measurement of Natural Gas by Turbine Meter (2006), published by the American Gas Association on 1 January 2006;

                (c)    for positive displacement measuring systems—the publication entitled ANSI B109.3—2000, Rotary Type Gas Displacement Meters, published by the American Gas Association on 13 April 2000.

[32]         Subsection 1.19H (6)

omit

units of measurement required by or under the National Measurement Act 1960.

insert

Australian legal units of measurement.

[33]         Subsection 1.19I (2)

omit

American Gas Association Transmission Committee Report No. 8 (1992) Super‑Compressibility published by the American Gas Association.

insert

AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994.

[34]         Paragraph 1.19I (3) (b)

omit

American Gas Association Transmission Committee Report No. 8 (1992) Super‑Compressibility published by the American Gas Association.

insert

AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994.

[35]         Paragraph 1.19J (c)

omit

to chromatographs

insert

to gas chromatographs

[36]         Subsection 1.19K (1), note

omit

American Gas Association Report No. 3, published by the American Gas Association,

insert

AGA Report No. 3, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids Part 3: Natural Gas Applications, published by the American Gas Association in August 1992,

[37]         Subsection 1.19K (2), note

omit

American Gas Association Transmission Committee Report No. 8 (1992) Super‑compressibility, published by the American Gas Association,

insert

AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994,

[38]         Subsection 1.19K (3), note

omit

ANSI B109.3—2000

insert

The publication entitled ANSI B109.3—2000, Rotary Type Gas Displacement Meters, published by the American Gas Association on 13 April 2000,

[39]         Paragraph 1.19M (a)

omit

Australian units of measurement required by or under the National Measurement Act 1960.

insert

Australian legal units of measurement.

[40]         Subparagraph 2.3 (3) (b) (ii)

omit

50 megawatt hours

insert

50 000 megawatt hours

[41]         Subparagraph 2.19 (3) (b) (ii)

omit

50 megawatt hours

insert

50 000 megawatt hours

[42]         Subsection 2.22 (4), definition of ECi

substitute

ECi is the energy content factor of fuel type (i), measured in gigajoules per cubic metre that is:

                (a)    mentioned in column 3 of Part 2 of Schedule 1; or

               (b)    estimated by analysis under Subdivision 2.3.3.2.

[43]         Subsection 2.24 (3)

substitute

         (3)   The analysis must be undertaken:

                (a)    by an accredited laboratory; or

               (b)    by a laboratory that meets requirements that are equivalent to the requirements in AS ISO/IEC 17025:2005; or

                (c)    using an online analyser if:

                          (i)    the online analyser is calibrated in accordance with an appropriate standard; and

                         (ii)    the online analysis is undertaken in accordance with this section.

Note   An example of an appropriate standard is ISO 6975:1997—Natural gas—Extended analysis—Gas‑chromatographic method.

[44]         Subparagraphs 2.31 (2) (a) (i) and (ii)

substitute

                          (i)    for gases other than super‑compressed gases—section 2.32; and

                         (ii)    for super‑compressed gases—sections 2.32 and 2.33; and

[45]         Paragraph 2.31 (3) (a)

substitute

                (a)    carried out using gas measuring equipment that:

                          (i)    is in a category specified in column 2 of an item in the table in subsection (4) according to the maximum daily quantity of gas combusted from the operation of the facility specified, for the item, in column 3 of the table; and

                         (ii)    complies with the transmitter and accuracy requirements specified, for the item, in column 4 of the table; or

[46]         Subsection 2.31 (4), table, column 3, column heading

omit

GJ/day

insert

(GJ/day)

[47]         Section 2.32, heading

substitute

2.32        Volumetric measurement—all natural gases

[48]         Subsections 2.32 (1) to (6)

substitute

         (1)   For subparagraph 2.31 (2) (a) (i) and (ii), volumetric measurement must be calculated at standard conditions and expressed in cubic metres.

         (2)   The volumetric measurement must be calculated using a flow computer that measures and analyses the following at the delivery location of the gaseous fuel:

                (a)    flow symbols;

               (b)    relative density;

                (c)    gas composition.

         (3)   The volumetric flow rate must be:

                (a)    continuously recorded; and

               (b)    continuously integrated using an integration device.

      (3A)   The integration device must be isolated from the flow computer in such a way that, if the computer fails, the integration device will retain:

                (a)    the last reading that was on the computer immediately before the failure; or

               (b)    the previously stored information that was on the computer immediately before the failure.

         (4)   All measurements, calculations and procedures used in determining volume (except for any correction for deviation from the ideal gas law) must be made in accordance with:

                (a)    the instructions mentioned in subsection (5); or

               (b)    an internationally recognised standard or code that is equivalent to an instruction mentioned, for a system, in paragraph (5) (a), (b) or (c).

Note   An example of an internationally recognised equivalent standard is New Zealand standard NZS 5259:2004.

         (5)   For paragraph (4) (a), the instructions are those mentioned in:

                (a)    for orifice plate measuring systems:

                          (i)    the publication entitled AGA Report No. 3, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids Part 3: Natural Gas Applications, published by the American Gas Association in August 1992; or

                         (ii)    Parts 1 to 4 of the publication entitled ANSI/API MPMS Chapter 14.3 Part 2 (R2011) Natural Gas Fluids Measurement: Concentric, Square-Edged Orifice Meters - Part 2: Specification and Installation Requirements, 4th edition, published by the American Petroleum Institute on 30 April 2000;

               (b)    for turbine measuring systems—the publication entitled AGA Report No. 7, Measurement of Natural Gas by Turbine Meter (2006), published by the American Gas Association on 1 January 2006;

                (c)    for positive displacement measuring systems—the publication entitled ANSI B109.3—2000, Rotary Type Gas Displacement Meters, published by the American Gas Association on 13 April 2000.

         (6)   Measurements must comply with Australian legal units of measurement.

[49]         Section 2.33

substitute

2.33        Volumetric measurement—super‑compressed gases

         (1)   For subparagraph 2.31 (2) (a) (ii), this section applies in relation to measuring the volume of super‑compressed natural gases.

         (2)   If it is necessary to correct the volume for deviation from the ideal gas law, the correction must be determined using the relevant method set out in the publication entitled AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994.

         (3)   The measuring equipment used must calculate super‑compressibility by:

                (a)    if the measuring equipment is category 3 or 4 equipment in accordance with the table in section 2.31—using gas composition data; or

               (b)    if the measuring equipment is category 1 or 2 equipment in accordance with the table in section 2.31—using an alternative method set out in the publication entitled AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994.

[50]         Paragraph 2.34 (c)

omit

to chromatographs

insert

to gas chromatographs

[51]         Before subsection 2.35 (1)

insert

      (1A)   This section is made for paragraph 2.34 (a).

[52]         Subsection 2.35 (1), note

substitute

Note   The publication entitled AGA Report No. 3, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids Part 3: Natural Gas Applications, published by the American Gas Association in August 1992, sets out a manner of construction that ensures that the maximum uncertainty of the discharge coefficient is not greater than ±1.5%.

[53]         Subsection 2.35 (2), note

substitute

Note   The publication entitled AGA Report No. 8, Compressibility Factor of Natural Gas and Related Hydrocarbon Gases (1994), published by the American Gas Association on 1 January 1994, sets out a manner of installation that ensures that the maximum uncertainty of the flow measurement is not greater than ±1.5%.

[54]         Subsection 2.35 (3), note

substitute

Note   The publication entitled ANSI B109.3—2000, Rotary Type Gas Displacement Meters, published by the American Gas Association on 13 April 2000, sets out a manner of installation that ensures that the maximum uncertainty of flow is ±1.5%.

[55]         Subsection 2.35 (5)

substitute

         (5)   All flow devices that are used by gas measuring equipment in a category specified in column 2 of an item in the table in section 2.31 must, wherever possible, be calibrated for pressure, differential pressure and temperature:

                (a)    in accordance with the requirements specified, for the item, in column 4 of the table; and

               (b)    taking into account the effects of static pressure and ambient temperature.

[56]         Section 2.36

substitute

2.36        Flow computers—requirements

                For paragraph 2.34 (b), the requirement is that the flow computer that is used by the equipment for measuring purposes must record:

                (a)    the instantaneous values for all primary measurement inputs; and

               (b)    the following outputs:

                          (i)    instantaneous corrected volumetric flow;

                         (ii)    cumulative corrected volumetric flow;

                        (iii)    for turbine and positive displacement metering systems—instantaneous uncorrected volumetric flow;

                        (iv)    for turbine and positive displacement metering systems—cumulative uncorrected volumetric flow;

                         (v)    super‑compressibility factor.

[57]         Section 2.37

substitute

2.37        Gas chromatographs—requirements

                For paragraph 2.34 (c), the requirements are that gas chromatographs used by the measuring equipment must:

                (a)    be factory tested and calibrated using a measurement standard:

                          (i)    produced by gravimetric methods; and

                         (ii)    that uses Australian legal units of measurement; and

               (b)    perform gas composition analysis with an accuracy of:

                          (i)    ±0.15% for use in calculation of gross calorific value; and

                         (ii)    ±0.25% for calculation of relative density; and

                (c)    include a mechanism for re‑calibration against a certified reference gas.

[58]         Paragraph 2.48 (2) (a)

omit

column 4

insert

columns 5 and 6

[59]         Paragraph 2.48 (2) (b)

omit

column 2

insert

column 3

[60]         Paragraph 2.48 (2) (b)

omit

column 4

insert

columns 6 and 7

[61]         Section 2.68

substitute

2.68        Amount of energy consumed without combustion

                For paragraph 4.22 (1) (b) of the Regulations:

                (a)    the energy is to be measured:

                          (i)    for solid fuel—in tonnes estimated under Division 2.2.5; or

                         (ii)    for gaseous fuel—in cubic metres estimated under Division 2.3.6; or

                        (iii)    for liquid fuel—in kilolitres estimated under Division 2.4.6; and

                        (iv)    for electricity—in kilowatt hours:

                                   (A)     worked out using the evidence mentioned in paragraph 6.5 (2) (a); or

                                   (B)     if the evidence mentioned in paragraph 6.5 (2) (a) is unavailable—estimated in accordance with paragraph 6.5 (2) (b).

               (b)    the reporting threshold is:

                          (i)    for solid fuel—20 tonnes; or

                         (ii)    for gaseous fuel—13 000 cubic metres; or

                        (iii)    for liquid fuel—15 kilolitres; or

                        (iv)    for electricity consumed from a generating unit with a maximum capacity to produce less than 0.5 megawatts of electricity—100 000 kilowatt hours; or

                         (v)    for all other electricity consumption—0 kilowatt hours.

Example

A fuel is consumed without combustion when it is used as a solvent or a flocculent, or as an ingredient in the manufacture of products such as paints, solvents or explosives.

[62]         Subsection 3.21 (2)

omit

3.24 and 3.25.

insert

3.24, 3.25 and 3.25A.

[63]         Subsection 3.22 (1)

omit

insert

[64]         Subsection 3.22 (1), definition of β

omit

β

insert

βz

[65]         After subsection 3.22 (3)

insert

         (4)   For GCjz in subsection (1), the content of gas type (j) contained by the gas bearing strata (z) must be estimated in accordance with sections 3.24, 3.25, 3.25A and 3.25B.

[66]         Section 3.23

omit

                For paragraph (b) of the factor β in subsection 3.22 (1):

insert

                For paragraph (b) of the factor βz in subsection 3.22 (1), estimate βz using one of the following equations:

                (a)    equation 1:

;

               (b)    equation 2:

.

[67]         After subsection 3.24 (4)

insert

         (5)   Sampling must be carried out in accordance with:

                (a)    the minimum requirements for data collection and gas testing mentioned in section 2 of the ACARP Guidelines; and

               (b)    the data validation, analysis and interpretation processes mentioned in section 3 of the ACARP Guidelines.

[68]         Section 3.25

omit

in accordance with an appropriate standard.

Note 1   An appropriate standard for analysis of a gas includes AS 3980—1999 Guide to the determination of gas content of coal—Direct desorption method.

Note 2   An appropriate standard for analysis of a gas bearing strata includes AS 2519—1993 Guide to the technical evaluation of higher rank coal deposits.

insert

in accordance with:

                (a)    the minimum requirements for data collection and gas testing mentioned in section 2 of the ACARP Guidelines; and

               (b)    the data validation, analysis and interpretation processes mentioned in section 3 of the ACARP Guidelines; and

                (c)    the method of applying the gas distribution model to develop an emissions estimate for an open cut mine mentioned in section 4 of the ACARP Guidelines.

[69]         After section 3.25

insert

3.25A      Method of working out base of the low gas zone

         (1)   The estimator must:

                (a)    take all reasonable steps to ensure that samples of gas taken from the gas bearing strata of the open cut mine are taken in accordance with the minimum requirements for data collection and gas testing mentioned in section 2 of the ACARP Guidelines; and

               (b)    take all reasonable steps to ensure that samples of gas taken from boreholes are taken in accordance with the requirements for:

                          (i)    the number of boreholes mentioned in sections 2 and 3 of the ACARP Guidelines; and

                         (ii)    borehole spacing mentioned in section 2 of the ACARP Guidelines; and

                        (iii)    sample selection mentioned in section 2 of the ACARP Guidelines; and

                (c)    work out the base of the low gas zone by using the method mentioned in subsection (2); and

               (d)    if the base of the low gas zone worked out in accordance with subsection (2) varies, in a vertical plane, within:

                          (i)    a range of 20 metres between boreholes located in the same domain of the open cut mine—work out the base of the low gas zone using the method mentioned in subsection (3); or

                         (ii)    a range of greater than 20 metres between boreholes located in the same domain of the open cut mine—the method mentioned in subsection (4).

Preliminary method of working out base of low gas zone

         (2)   For paragraph (1) (c), the method is that the estimator must perform the following steps:

Step 1

For each borehole, identify the depth at which:

   (a)  the results of greater than 3 consecutive samples taken in the borehole indicate that the gas content of the gas bearing strata is greater than 0.5 m3/t; or

  (b)  the results of 3 consecutive samples taken in the borehole indicate that the methane composition of the gas bearing strata is greater than 50% of total gas composition by volume.

Step 2

If paragraph (a) or (b) of step 1 applies, identify, for each borehole, the depth of the top of the gas bearing strata at which the first of the 3 consecutive samples in the borehole was taken.

Note   The depth of the top of the gas bearing strata worked out under step 2 is the same as the depth of the base of the low gas zone.

Method of working out base of low gas zone for subparagraph (1) (d) (i)

         (3)   For subparagraph (1) (d) (i), the method is that the estimator must work out the average depth at which step 2 of the method in subsection (2) applies.

Method of working out base of low gas zone for subparagraph (1) (d) (ii)

         (4)   For subparagraph (1) (d) (ii), the method is that the estimator must construct a 3‑dimensional model of the surface of the low gas zone using a triangulation algorithm or a gridding algorithm.

3.25B     Further requirements for estimator

         (1)   This section applies if:

                (a)    the estimator constructs a 3-dimensional model of the surface of the base of the low gas zone in accordance with the method mentioned in subsection 3.25A (4); and

               (b)    the 3‑dimensional model of the surface of the low gas zone is extrapolated beyond the area modelled directly from boreholes in the domain.

         (2)   The estimator must:

                (a)    ensure that the extrapolated surface:

                          (i)    applies the same geological modelling rules that were applied in the generation of the surface of the base of the low gas zone from the boreholes; and

                         (ii)    represents the base of the low gas zone in relation to the geological structures located within the domain; and

                        (iii)    is generated using a modelling methodology that is consistent with the geological model used to estimate the coal resource; and

                        (iv)    the geological model used to estimate the coal resource meets the minimum requirements and the standard of quality mentioned in section 1 of the ACARP Guidelines.

               (b)    make and retain a record:

                          (i)    of the data and assumptions incorporated into the generation of the 3‑dimensional surface; and

                         (ii)    that demonstrates that the delineation of the 3‑dimensional surface complies with sections 1.13 and 3.24.

3.25C     Default gas content for gas bearing strata in low gas zone

                A default gas content of 0.00023 tonnes of carbon dioxide per tonne of gas bearing strata must be assigned to all gas bearing strata located in the low gas zone.

3.25D     Requirements for estimating total gas contained in gas bearing strata

         (1)   The total gas contained in gas bearing strata for an open cut coal mine must be estimated in accordance with the emissions estimation process mentioned in section 1 of the ACARP Guidelines.

         (2)   The gas distribution model used for estimating emissions must be applied in accordance with section 4.1 of the ACARP Guidelines; and

         (3)   The modelling bias must be assessed in accordance with section 4.2 of the ACARP Guidelines.

         (4)   The gas distribution model must be applied to the geology model in accordance with section 4.3 of the ACARP Guidelines.

[70]         Section 3.46A

substitute

3.46A      Available methods

         (1)   Subject to section 1.18, the methods mentioned in subsections (2) and (3) must be used for estimating fugitive emissions that result from system upsets, accidents and deliberate releases from process vents during a reporting year from the operation of a facility that is constituted by oil or gas exploration.

         (2)   To estimate emissions that result from deliberate releases from process vents, system upsets and accidents during a year from the operation of the facility, one of the following methods must be used:

                (a)    method 1 under section 3.84;

               (b)    method 4 under Part 1.3.

         (3)   For estimating incidental emissions that result from deliberate releases from process vents, system upsets and accidents during a year from the operation of the facility, another method may be used that is consistent with the principles mentioned in section 1.13.

Note   There is no method 2 or 3 for this Subdivision.

[71]         Subsection 3.49 (3)

omit

5.6.4 and 6.1.2

insert

5.6.4, 5.6.5 and 6.1.2

[72]         Subsections 3.50 (1) and (2)

omit each mention of

5.6.4 and 6.1.2

insert

5.6.4, 5.6.5 and 6.1.2

[73]         Subsection 3.56A

substitute

3.56A      Available methods

         (1)   Subject to section 1.18, the methods mentioned in subsections (2) and (3) must be used for estimating fugitive emissions that result from system upsets, accidents and deliberate releases from process vents during a year from the operation of a facility that is constituted by crude oil production.

         (2)   To estimate emissions that result from deliberate releases from process vents, system upsets and accidents during a year from the operation of the facility, one of the following methods must be used:

                (a)    method 1 under section 3.84;

               (b)    method 4 under Part 1.3.

         (3)   For estimating incidental emissions that result from deliberate releases from process vents, system upsets and accidents during a year from the operation of the facility, another method may be used that is consistent with the principles mentioned in section 1.13.

Note   There is no method 2 or 3 for this Subdivision.

[74]         Subsection 3.72 (3)

omit

5.6.4 and 6.1.2

insert

5.6.4, 5.6.5 and 6.1.2

[75]         Subsections 3.73 (1) and (2)

omit each mention of

5.6.4 and 6.1.2

insert

5.6.4, 5.6.5 and 6.1.2

[76]         Paragraph 3.77 (2) (d)

omit

those factors.

insert

those factors; or

[77]         After paragraph 3.77 (2) (d)

insert

                (e)    estimated using the engineering calculation approach in accordance with sections 5 and 6.1.2 of the API Compendium.

Note   The API Compendium is available at www.api.org.

[78]         Section 3.84, table, items 5 and 6

substitute

5

Other venting sources—gas driven chemical injection pumps

Section 5.6.2

6

Other venting sources—coal seam exploratory drilling, well testing and mud degassing

Section 5.6.3 and 5.6.6

[79]         After subparagraph 4.1 (2) (b) (v)

insert

                        (vi)    sodium cyanide (see Division 4.3.6);

[80]         Section 4.20, examples

after

8   Phosphoric acid production from phosphate rock containing carbonates.

insert

9   Brick production.

10   Ceramic production.

[81]         After paragraph 4.21 (1) (a)

insert

              (aa)    for use of carbonates in clay materials—method 1A under section 4.22A;

[82]         After paragraph 4.21 (1) (b)

insert

              (ba)    for use of carbonates in clay materials—method 3A under section 4.23A;

[83]         After section 4.22

insert

4.22A      Method 1A—product other than cement clinker, lime or soda ash for use of carbonates in clay materials

         (1)   Method 1A is measure the amount of emissions of carbon dioxide released from each clay material consumed in the industrial process during the reporting year, measured in CO2‑e tonnes, using the following formula:

where:

Ej is the emissions of carbon dioxide released from the clay material consumed in the industrial process during the reporting year in a State or Territory (j) mentioned in column 2 of an item in the table in subsection (2), measured in CO2-e tonnes.

Qj is the quantity of clay material consumed in the industrial process during the reporting year in a State or Territory (j) mentioned in column 2 of an item in the table in subsection (2), measured in tonnes and estimated under Division 4.2.5.

ICCj is the inorganic carbon content factor of clay material specified in column 3 of an item in the table in subsection (2) for each State or Territory (j) mentioned in column 2 of the item.

         (2)   For ICCj in subsection (1), column 3 of an item in the following table specifies the inorganic carbon content factor for a State or Territory (j) mentioned in column 2 of the item.

Item

State or Territory (j)

Inorganic carbon content factor

1

New South Wales

6.068  10-3

2

Victoria

2.333  10-4

3

Queensland

2.509  10-3

4

Western Australia

3.140  10-4

5

South Australia

5.170  10-4

6

Tasmania

1.050  10-3

7

Australian Capital Territory

6.068  10-3

8

Northern Territory

5.170  10-4

[84]         After section 4.23

insert

4.23A      Method 3A—product other than cement clinker, lime or soda ash for use of carbonates in clay materials

                Method 3A is:

Step 1

Measure the amount of emissions of carbon dioxide released from each clay material consumed in the industrial process during the reporting year, measured in CO2‑e tonnes, using the following formula:

 

where:

E is the emissions of carbon dioxide released from the clay material consumed in the industrial process during the reporting year, measured in CO2-e tonnes.

Q is the quantity of clay material consumed in the industrial process during the reporting year, measured in tonnes and estimated under Division 4.2.5.

ICC is the inorganic carbon content factor of the clay material.

γ is the factor 1.861 Í 10-3 for converting a quantity of carbon dioxide from cubic metres at standard conditions of pressure and temperature to CO2‑e tonnes.

RCCSCO2 is carbon dioxide captured for permanent storage, measured in cubic metres in accordance with Division 1.2.3.

Step 2

Identify the amount of emissions of carbon dioxide for each clay material consumed in the industrial process during the reporting year.

Step 3

Add together each amount identified under step 2.

4.23B     General requirements for sampling clay material

         (1)   A sample of clay material must:

                (a)    be derived from a composite of amounts of the clay material; and

               (b)    be collected on enough occasions to produce a representative sample; and

                (c)    be free from bias so that any estimates are neither over nor under estimates of the true value; and

               (d)    be tested for bias in accordance with an appropriate standard.

         (2)   The value obtained from the samples of the clay material must be used only for the delivery period or consignment of the clay material for which it was intended to be representative.

4.23C     General requirements for analysing clay material

         (1)   Analysis of samples of the clay material must be performed in accordance with:

                (a)    industry practice; and

               (b)    the general principles for measuring emissions mentioned in section 1.13.

         (2)   The minimum frequency of analysis of samples of clay material must be in accordance with the Tier 3 method in section 2.2.1.1 of Chapter 2 of Volume 3 of the 2006 IPCC Guidelines.

[85]         Section 4.31, step 1

omit

insert

[86]         Section 4.32, step 1

omit

insert

[87]         Paragraph 4.34 (2) (e)

substitute

(e)    Qj in sections 4.22, 4.22A, 4.23, 4.29, 4.55, 4.66, 4.71 and 4.94;

(f)     Q in section 4.23A;

(g)    Lj in sections 4.31 and 4.32.

[88]         Subsection 4.43 (1), definition of EFij

omit

subsection (3).

insert

subsection (2).

[89]         Section 4.55, step 1, definition of Qi

omit

2.3.6 and 2.4.6.

insert

2.3.6, 2.4.6 and 4.2.5.

[90]         After Division 4.3.5

insert

Division 4.3.6        Sodium cyanide production

4.58        Application

                This Division applies to emissions of carbon dioxide or nitrous oxide from activities producing sodium cyanide.

4.59        Available methods

         (1)   Subject to section 1.18, one of the following methods must be used for estimating emissions released during a reporting year from the operation of a facility that is constituted by the production of sodium cyanide:

                (a)    method 1 under section 4.55;

               (b)    method 2 under section 4.56;

                (c)    method 3 under section 4.57;

               (d)    method 4 under Part 1.3.

         (2)   For estimating incidental emissions released during a reporting year from the operation of a facility that is constituted by the production of sodium cyanide, another method may be used that is consistent with the principles mentioned in section 1.13.

[91]         Section 4.66, step 1, definition of Qi

omit

2.3.6 and 2.4.6.

insert

2.3.6, 2.4.6 and 4.2.5.

[92]         Section 4.71, step 1, definition of Qi , paragraph (a)

omit

2.3.6 and 2.4.6.

insert

2.3.6, 2.4.6 and 4.2.5.

[93]         Section 4.94, step 1, definition of Qi, paragraph (a)

omit

2.3.6 and 2.4.6.

insert

2.3.6, 2.4.6 and 4.2.5.

[94]         Paragraph 4.100 (1) (b)

omit

are attributable primarily

insert

are undertaken by a facility with a principal activity that is attributable

[95]         After subparagraph 4.100 (1) (b)

insert

Note   A facility with a principal activity that is not attributable to any one of the ANZSIC industry classifications mentioned in subparagraph (b) (i), (ii), (iii), (iv), (v) or (vi) is not required to report emissions of hydrofluorocarbons.

[96]         Subsection 4.102 (4), table, item 4, column 4

omit

0.005

insert

0.0089

[97]         Paragraph 5.2 (2) (a)

omit

2008;

insert

2012;

[98]         Subsection 5.4 (5)

substitute

         (5)   For subsection (2), CH4gen must be calculated using the estimates mentioned in section 5.4A and the equations mentioned in sections 5.4B, 5.4C and 5.4D.

5.4A        Estimates for calculating CH4gen

                For subsection 5.4 (5), the estimates for calculating CH4gen are the following:

                (a)    the tonnage of total solid waste disposed of in the landfill during the year estimated in accordance with section 5.5;

               (b)    the composition of the solid waste disposed of in the landfill during the year estimated in accordance with section 5.9;

                (c)    the degradable organic carbon content of the solid waste disposed of in the landfill by waste type estimated in accordance with section 5.12;

               (d)    the opening stock of degradable organic carbon in the solid waste at the landfill at the start of the first reporting period for the landfill estimated in accordance with section 5.13;

                (e)    methane generation constants (k values) for the solid waste at the landfill estimated in accordance with section 5.14;

                (f)    the fraction of degradable organic carbon dissimilated (DOCF) estimated in accordance with section 5.14A;

               (g)    the methane correction factor for aerobic decomposition in the first year estimated in accordance with section 5.14B;

               (h)    the fraction by volume of methane generated in landfill gas estimated in accordance with section 5.14C;

                (i)    the number of months that have ended before methane generation at the landfill commences estimated in accordance with section 5.14D.

5.4B        Equation—change in quantity of particular opening stock at landfill for calculating CH4gen

         (1)   For subsection 5.4 (5), this section applies if the result of the first equation in subsection 5.4 (3) is, for the reporting year for which the result is calculated, (the current reporting year), greater than 0.75.

         (2)   The change in the quantity of the opening stock of decomposable degradable organic carbon (Cost) that is:

                (a)    located in the landfill during the reporting year; and

               (b)    measured in tonnes; and

                (c)    lost through decomposition;

must be calculated using the equation mentioned in subsection (3).

         (3)   For subsection (2), the equation is:

where:

t is the reporting year.

CH4* is the estimated quantity of methane in landfill gas generated by the landfill during the year, measured in CO2‑e tonnes.

F is the fraction of methane generated in landfill gas estimated in accordance with section 5.14C.

1.336 is the factor to convert a mass of carbon to a mass of methane.

21 is the factor to convert methane to carbon dioxide equivalent.

Note 1   For the definition of reporting year, see the National Greenhouse and Energy Reporting Regulations 2008.

Note 2   If the result of the first equation in subsection 5.4 (3):

(a)   was, for a previous reporting year or years, greater than 0.75; and

(b)   is, for the current reporting year, less than or equal to 0.75;

use:

(c)   the calculation in section 5.4B to calculate the change in the opening stock of carbon for the final reporting year in which the result of that equation is greater than 0.75; and

(d)   the calculation in section 5.4C to calculate the closing stock for that reporting year.

5.4C        Equation—quantity of closing stock at landfill in particular reporting year

         (1)   For subsection 5.4 (5), this section applies if the result of the first equation in subsection 5.4 (3) is, for the reporting year for which the result is calculated, (the current reporting year), greater than 0.75.

         (2)   The quantity of closing stock of decomposable degradable organic carbon (Ccst) in the most recent year to which subsection 5.4 (3) applies:

                (a)    located in the landfill during the reporting year; and

               (b)    measured in tonnes;

must be calculated using the equation mentioned in subsection (3):

         (3)   For subsection (2), the equation is:

where:

Ccst is the closing stock of carbon in the last year in which subsection 5.4 (3) was used to calculate emissions.

Cost is the opening stock of carbon in the first year in which 5.4(3) was used to calculate emissions.

Cost is the change in carbon stock for all years in which 5.4 (3) applies and is estimated in accordance with 5.4B.

Note   The quantity of closing stock calculated in accordance with this section is the same as the quantity of opening stock for the current reporting year.

5.4D        Equation—quantity of methane generated by landfill for calculating CH4gen

                For subsection 5.4 (5), the quantity of methane generated by the landfill must be calculated using the following equation:

CH4gen = (∆Cost + ∆Cat) ´ F ´ 1.336 ´ 21

where:

CH4gen is the quantity of methane generated by the landfill as calculated under this section and measured in CO2‑e tonnes.

F is the fraction of methane generated in landfill gas estimated in accordance with section 5.14C.

1.336 is the factor to convert a mass of carbon to a mass of methane.

21 is the factor to convert methane to carbon dioxide equivalent.

∆Cost is the change in the quantity of the opening stock of decomposable degradable organic carbon derived from the sum of all waste mix types located in the landfill during the reporting year, measured in tonnes, lost through decomposition, and equals:

Cost =i Cosit ´ (1eki)

where:

Cosit is the quantity of decomposable degradable organic carbon accumulated in the landfill at the beginning of the reporting year from all waste mix types mentioned in subsection 5.11 (1), measured in tonnes and equals:

Cosit = Ccsit-1

where:

Ccsit-1 is the closing stock of decomposable degradable organic carbon accumulated in the landfill in the year immediately preceding the reporting year from all waste mix types mentioned in subsection 5.11 (1), measured in tonnes and equals:

Ccsit = Cosit – ∆Cosit + Cait – ∆Cait

and:

∆Cat is the change in the quantity of decomposable degradable organic carbon derived from the sum of all waste mix types deposited at the landfill during the reporting year, measured in tonnes, lost through decomposition, and equals:

∆Cat = i Cait ´ [1e ki ´ (13 M) /12]

where:

Cait is the quantity of degradable organic carbon in all waste mix types mentioned in subsection 5.11 (1) deposited at the landfill during the reporting year , measured in tonnes and is equal to:

Cait = (Qit ´ DOCi ´ DOCfi ´ MCF)

where:

Qit is the quantity of all waste mix types mentioned in subsection 5.11 (1) deposited at the landfill during the reporting year, measured in tonnes.

DOCi is the fraction of the degradable organic carbon content of the solid waste for all waste mix types mentioned in subsection 5.11 (1) and deposited at the landfill.

DOCfi is the fraction of decomposable degradable organic carbon for all waste mix types mentioned in subsection 5.11 (1).

MCF is the methane correction factor for aerobic decomposition for the facility during the reporting year.

and where:

ki is the methane generation constant for all waste mix types mentioned in subsection 5.11 (1).

t is the reporting year.

M is the number of months before commencement of methane generation at the landfill plus 7.

Σi is the sum for all waste mix types mentioned in subsection 5.11 (1).

Note 1   For the definition of reporting year, see the National Greenhouse and Energy Reporting Regulations 2008.

Note 2   For the source of the equation included in:

(a)   section 5.4D, see Volume 5, Chapter 3 of the 2006 IPCC Guidelines, equation 3.6; and

(b)   the definition of ∆Cost, see Volume 5, Chapter 3 of the 2006 IPCC Guidelines, equation 3.5; and

(c)   the definition of ∆Cat, see Volume 5, Chapter 3 of the 2006 IPCC Guidelines, equation 3.A1.13; and

(d)   the definition of ∆Cait, see Volume 5, Chapter 3 of the 2006 IPCC Guidelines, equation 3.2.

Note 3   For each reporting year to which subsection 5.4 (3) applies, use the equation mentioned in section 5.4B

Note 4   If the result of the first equation in subsection 5.4 (3):

(a)   was, for a previous reporting year or years, greater than 0.75; and

(b)   is, for the reporting year for which the result is calculated, (the current reporting year), less than or equal to 0.75;

use:

(c)   the calculation in section 5.4B to calculate the change in the opening stock of carbon for the final reporting year in which the result of that equation is greater than 0.75; and

(d)   the calculation in section 5.4C to calculate the closing stock for that reporting year.

[99]         Section 5.9

omit

subparagraph 5.4 (5) (b) (ii),

insert

paragraph 5.4A (b),

[100]       Subsection 5.10 (4), excluding the table

substitute

         (4)   If subsection (3) applies, the tonnage of each waste stream must be estimated:

                (a)    if the operator of the landfill is required, under a law of the State or Territory in which the landfill is located, to collect data on tonnage of waste received at the landfill according to the waste streams set out in column 2 of the following table—by using that data; or

               (b)    if paragraph (a) does not apply—by using the percentage values in columns 3 to 10 of an item in the following table for each waste stream in column 2 of the item for the State or Territory in which the landfill is located.

[101]       Subsection 5.10 (4), after the table

insert

         (5)   If subsection (3) applies and the landfill is permitted to receive only one of the waste streams set out in column 2 of the table in subsection (4), that waste stream will be taken to constitute the total waste received.

[102]       Section 5.12

omit

subparagraph 5.4 (5) (b) (iii),

insert

paragraph 5.4A (c),

[103]       Section 5.13, heading

substitute

5.13        Opening stock of degradable organic carbon for the first reporting period

[104]       Subsection 5.13 (1)

omit

subparagraph 5.4 (5) (b) (iv),

insert

paragraph 5.4A (d),

[105]       Subsection 5.13 (1)

omit

the Tier 2 FOD model mentioned in

[106]       Section 5.14

substitute

5.14        Methane generation constants—(k values)

         (1)   This section is made for paragraph 5.4A (e).

         (2)   Before selecting methane generation constants (k values) from the table in subsection (6), the landfill operator must:

                (a)    obtain records of each of the following for the reporting year for which the landfill operator selects k values, (the current reporting year) and the nine years immediately preceding the current reporting year:

                          (i)    mean annual evaporation;

                         (ii)    mean annual precipitation;

                        (iii)    mean annual temperature; and

               (b)    based on those records, identify, for the landfill facility, the landfill classification mentioned in column 2 of the table.

Note   See subsection (6) for definitions related to the requirements in paragraphs (2) (a) and (b).

         (3)   A landfill operator must select k values from either:

                (a)    the table in subsection (5); or

               (b)    the table in subsection (6).

         (4)   If a landfill operator selects k values from the table in subsection (6) in a reporting year, the landfill operator must select k values from that table in each subsequent reporting year.

         (5)   The k values for solid waste at a landfill in a State or Territory mentioned in column 2 of an item in the following table are the constants set out in column 4 for a waste mix type mentioned in column 3 for the item.

Item

State or Territory

Waste mix type

k values

1

NSW

Food

0.185

Paper and cardboard

0.06

Garden and Green

0.10

Wood

0.03

Textiles

0.06

Sludge

0.185

Nappies

0.06

Rubber and Leather

0.06

2

VIC, WA, SA, TAS, ACT

Food

0.06

Paper and cardboard

0.04

Garden and Green

0.05

Wood

0.02

Textiles

0.04

Sludge

0.06

Nappies

0.04

Rubber and Leather

0.04

3

QLD, NT

Food

0.4

Paper and cardboard

0.07

Garden and Green

0.17

Wood

0.035

Textiles

0.07

Sludge

0.4

Nappies

0.07

Rubber and Leather

0.07

         (6)   The k values for solid waste at a landfill with a landfill classification mentioned in column 2 of an item in the following table are the constants set out in column 4 for a waste mix type mentioned in column 3 for the item.

Item

Landfill classification

Waste mix type

k values

1

Temperate dry

Food

0.06

Paper and cardboard

0.04

Garden and green

0.05

Wood

0.02

Textiles

0.04

Sludge

0.06

Nappies

0.04

Rubber and leather

0.04

2

Temperate wet

Food

0.185

Paper and cardboard

0.06

Garden and green

0.10

Wood

0.03

Textiles

0.06

Sludge

0.185

Nappies

0.06

Rubber and leather

0.06

3

Tropical dry

Food

0.085

Paper and cardboard

0.045

Garden and green

0.065

Wood

0.025

Textiles

0.045

Sludge

0.085

Nappies

0.045

Rubber and leather

0.045

4

Tropical wet

Food

0.4

Paper and cardboard

0.07

Garden and green

0.17

Wood

0.035

Textiles

0.07

Sludge

0.4

Nappies

0.07

Rubber and leather

0.07

         (6)   In this section:

mean annual evaporation means the mean annual evaporation recorded:

                (a)    at the landfill; or

               (b)    if the mean annual evaporation is not recorded at the landfill—at the Bureau of Meteorology weather station located nearest to the landfill; or

                (c)    if mean annual evaporation is not recorded at the Bureau of Meteorology weather station located nearest to the landfill—at the nearest Bureau of Meteorology weather station that records mean annual evaporation.

mean annual precipitation means the mean annual precipitation recorded:

                (a)    at the landfill; or

               (b)    if the mean annual precipitation is not recorded at the landfill—at the Bureau of Meteorology weather station located nearest to the landfill.

mean annual temperature means the mean annual temperature recorded:

                (a)    at the landfill; or

               (b)    if the mean annual temperature is not recorded at the landfill—at the Bureau of Meteorology weather station located nearest to the landfill.

Note   The Bureau of Meteorology weather station directory is available at www.bom.gov.au.

temperate dry, for a landfill, means that the landfill has:

                (a)    a mean annual temperature that is 20° centigrade or less; and

               (b)    a ratio of mean annual precipitation to mean annual evaporation that is less than 1.

temperate wet, for a landfill, means that the landfill has:

                (a)    a mean annual temperature that is 20° centigrade or less; and

               (b)    a ratio of mean annual precipitation to mean annual evaporation that is greater than 1.

tropical dry, for a landfill, means that the landfill has:

                (a)    a mean annual temperature that is greater than 20° centigrade; and

               (b)    a mean annual precipitation that is less than 1 000 mm.

tropical wet, for a landfill, means that the landfill has:

                (a)    a mean annual temperature that is greater than 20° centigrade; and

               (b)    a mean annual precipitation that is 1 000 mm or more.

[107]       Section 5.14A

omit

subparagraph 5.4 (5) (b) (vi),

insert

paragraph 5.4A (f),

[108]       After section 5.14A

insert

5.14B     Methane correction factor (MCF) for aerobic decomposition

                For paragraph 5.4A (g), the methane correction factor for aerobic decomposition is 1.

5.14C     Fraction by volume generated in landfill gas that is methane (F)

                For paragraph 5.4A (h), the fraction by volume of methane generated in landfill gas is 0.5.

5.14D     Number of months before methane generation at landfill commences

                For paragraph 5.4A (i), the number of months that have ended before methane generation at the landfill commences is 6.

Note   To calculate the value of M, add 7 to the number of months mentioned in section 5.14D. Using the number of months mentioned in section 5.14D, the calculation would be 6 plus 7 and the value of M would be 13.

[109]       Section 5.15

substitute

5.15        Method 2—methane released by landfill (other than from flaring of methane)

         (1)   For subparagraph 5.3 (1) (a) (ii), method 2 is that the following calculations must be performed:

                (a)    calculate the amount of methane emissions released by the landfill during the reporting year, measured in CO2‑e tonnes, using the following equation:

Ej = z Ejz; and

               (b)    calculate the amount of emissions of methane released by the landfill from a sub‑facility zone during the reporting year, measured in CO2‑e tonnes, using the following equation:

Ejz = [CH4genz – γ(Qcapz+ Qflaredz + Qtrz)] Í (1 − OF)

where:

Ej is the emissions of methane released by the landfill during the reporting year, measured in CO2‑e tonnes.

Ejz is the emissions of methane released by the landfill from a sub‑facility zone during the reporting year, measured in CO2‑e tonnes.

CH4genz is the estimated quantity of methane in landfill gas generated by the landfill from a sub‑facility zone during the reporting year, worked out in accordance with subsection (2), measured in CO2‑e tonnes.

γ is the factor 6.784 Í 10‑4 Í 21 converting cubic metres of methane at standard conditions measured to CO2‑e tonnes.

Qcapz is the quantity of methane in landfill gas captured for combustion by the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Qflaredz is the quantity of methane in landfill gas flared by the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Qtrz is the quantity of methane in landfill gas transferred out of the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

OF is the oxidation factor (0.1) for near surface methane in the landfill.

z is sum for all sub‑facility zones.

         (2)   For paragraph (1) (b), CH4genz for each sub‑facility zone must be worked out:

                (a)    using the estimates mentioned in section 5.4A and the equations mentioned in sections 5.4B, 5.4C and 5.4D; and

               (b)    for each waste mix type mentioned in column 3 of the table in subsection 5.14 (6)—using the method for working out the methane generation constant and the formula for calculating the adjusted methane generation constant mentioned in section 5.17L.

         (3)   For subsection (1), for a landfill, if:

is less than or equal to 0.85, then:

where:

Qcap is the quantity of methane in landfill gas captured for combustion from the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

Qflared is the quantity of methane in landfill gas flared from the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

Qtr is the quantity of methane in landfill gas transferred out of the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

CH4* is the estimated quantity of methane in landfill gas generated by the landfill during the year, measured in CO2‑e tonnes.

CH4gen is the quantity of methane in landfill gas generation released from the landfill during the year estimated in accordance with subsection 5.4 (5) and measured in CO2‑e tonnes.

         (4)   For subsection (1), if:

 

is greater than 0.85, then:

CH4*z = γ (Qcapz + Qflaredz + Qtrz) Í (1/0.85)

where:

γ is the factor 6.784 Í 10‑4 Í 21 converting cubic metres of methane at standard conditions measured to CO2‑e tonnes.

CH4gen is the quantity of methane in landfill gas generation released from the landfill during the year, estimated in accordance with subsection 5.4 (5) and measured in CO2‑e tonnes.

Qcap is the quantity of methane in landfill gas captured for combustion from the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

Qflared is the quantity of methane in landfill gas flared from the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

Qtr is the quantity of methane in landfill gas transferred out of the landfill during the year, measured in cubic metres in accordance with Division 2.3.6.

CH4*z is the estimated quantity of methane in landfill gas generated by the sub‑facility zone during the year, measured in CO2‑e tonnes.

Qcapz is the quantity of methane in landfill gas captured for combustion by the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Qflaredz is the quantity of methane in landfill gas flared by the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Qtrz is the quantity of methane in landfill gas transferred out of the landfill from a sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

         (5)   For subsection (1), if the result of the first equation in subsection (4) is, for the reporting year for which the result is calculated (the current reporting year), greater than 0.85:

                (a)    the change in the quantity of the opening stock of decomposable degradable organic carbon (Cost) must be calculated using the equation mentioned in section 5.15A; and

               (b)    the quantity of the closing stock of decomposable degradable organic carbon (Ccst) must be calculated using the equation mentioned in section 5.15B.

         (6)   This method may be used only if specific information is available on the waste mix types at the landfill.

Note 1   For the definition of reporting year, see the National Greenhouse and Energy Reporting Regulations 2008.

Note 2   For provisions regarding the selection and requirements of representative zones, see sections 5.16 to 5.17I.

Note 3   Section 5.17AA sets out, for a landfill operator using method 2 in Division 5.2.3 or method 3 in Division 5.2.4, the number of subfacility zones that the landfill operator may select and the requirements for subfacility zones that the landfill operator must comply with.

5.15A      Equation—change in quantity of particular opening stock at landfill for calculating CH4gen

         (1)   For paragraph 5.15 (5) (a), this section applies if the result of the first equation in subsection 5.15 (4) is, for the reporting year for which the result is calculated (the current reporting year), greater than 0.85.

         (2)   The change in the quantity of the opening stock of decomposable degradable organic carbon (Cost) that is:

                (a)    located in the landfill during the reporting year; and

               (b)    measured in tonnes; and

                (c)    lost through decomposition;

must be calculated using the equation mentioned in subsection (3).

         (3)   For subsection (2), the equation is:

where:

t is the reporting year.

F is the fraction of methane generated in landfill gas estimated in accordance with section 5.14C.

Note 1   For the definition of reporting year, see the National Greenhouse and Energy Reporting Regulations 2008.

Note 2   If the result of the first equation in subsection 5.15 (4):

(a)   was, for a previous reporting year or years, greater than 0.85; and

(b)   is, for the current reporting year, less than or equal to 0.85;

use:

(c)   the calculation in section 5.15A to calculate the change in the opening stock of carbon for the final reporting year in which the result of that equation is greater than 0.85; and

(d)   the calculation in section 5.15B to calculate the closing stock for that reporting year.

5.15B     Equation—quantity of closing stock at landfill in particular reporting year

         (1)   For paragraph 5.15 (5) (b), this section applies if the result of the first equation in subsection 5.15 (4) is, for the reporting year for which the result is calculated (the current reporting year), greater than 0.85.

         (2)   The quantity of closing stock of decomposable degradable organic carbon (Ccst) in the most recent year to which subsection 5.15 (4) applies:

                (a)    located in the landfill during the reporting year; and

               (b)    measured in tonnes;

must be calculated using the equation mentioned in subsection (3).

         (3)   For subsection (2), the equation is:

where:

Ccst is the closing stock of carbon in the last year in which subsection 5.15 (4) was used to calculate emissions.

Cost is the opening stock of carbon in the first year in which 5.15 (4) was used to calculate emissions.

Cost is the change in carbon stock for all years in which 5.15 (4) applies and is estimated in accordance with 5.15A

Note   The quantity of closing stock calculated in accordance with this section is the same as the quantity of opening stock for the current reporting year.

[110]       Section 5.16

omit

For paragraph 5.13 (3) (a), the operator

insert

The operator

[111]       Sections 5.17 and 5.17A

substitute

5.17        Site plan—preparation and requirements

         (1)   Before selecting a representative zone, the operator of a landfill must prepare a site plan of the landfill.

         (2)   The site plan must:

                (a)    be consistent with the provisions relating to landfill site plans included in the document entitled Technical Guidelines for the estimation of greenhouse gas emissions by facilities in Australia, published by the Department of Climate Change and Energy Efficiency in July 2011; and

               (b)    if the landfill has more than one sub‑facility zone—show the boundaries of each sub‑facility zone.

Note   The Technical Guidelines for the estimation of greenhouse gas emissions by facilities in Australia are available at www.climatechange.gov.au.

5.17AA   Sub‑facility zones—maximum number and requirements

         (1)   After preparing a site plan, the landfill operator may select sub‑facility zones for the site plan.

         (2)   The number of sub‑facility zones the landfill operator may select:

                (a)    for sub‑facility zones that contain only waste mix of the type mentioned in paragraph 5.11 (1) (i)—is unlimited; and

               (b)    for all other sub‑facility zones—must not exceed 4.

         (3)   A sub‑facility zone:

                (a)    must cover an area of at least 1 hectare; and

               (b)    must be a single area within the landfill; and

                (c)    must have a uniform composition of waste mix types so that the estimates of the methane generated by the sub‑facility zone are in accordance with section 1.13; and

               (d)    must not be subject to:

                          (i)    landfill gas inflow from another sub‑facility zone; or

                         (ii)    landfill gas outflow to another sub‑facility zone.

         (4)   At least one sub‑facility zone must contain a representative zone.

Note   Section 5.22A sets out, for a landfill operator using method 1 in Division 5.2.2 to estimate emissions of methane released from legacy waste in a landfill, options and requirements related to sub‑facility zones.

5.17A      Representative zones—selection and requirements

                After preparing a site plan, the operator of the landfill must select a representative zone that:

                (a)    covers an area of at least one hectare; and

               (b)    is a single area within the sub‑facility zone; and

                (c)    has a uniform composition of waste mix types so that the estimates of the methane generated by the representative zone comply with section 1.13; and

               (d)    contains a number of operating gas collection wells that is sufficient to enable accurate and representative estimates of the methane being generated by the representative zone to be obtained; and

                (e)    contains only waste that has been undisturbed:

                          (i)    for at least 12 months before any methane generation is measured in accordance with section 5.17H; or

                         (ii)    if the representative zone is on landfill that recirculates leachate or adds moisture through the waste to promote methane generation—for the period determined by an independent expert; and

                (f)    has a low permeability basal liner that includes:

                          (i)    a compacted clay base; or

                         (ii)    a geomembrane base; or

                        (iii)    another demonstrated low permeability base; and

               (g)    is confined on 4 sides by low permeability barriers, including:

                          (i)    capped areas; or

                         (ii)    a landfill cell lining; or

                        (iii)    if the representative zone does not have a landfill cell lining—a demonstrated low gas permeability strata; and

               (h)    is confined on at least 3 sides by low permeability barriers; and

                (i)    includes a gas extraction system that:

                          (i)    forms the boundary of the fourth side; and

                         (ii)    extends beyond the boundary of the representative zone; and

                (j)    has a top cover that is a final type or an intermediate type.

[112]       Subsection 5.17B (1)

substitute

         (1)   After the operator of the landfill has selected a representative zone for a sub‑facility zone, the operator of the landfill must arrange for an independent expert to certify, in writing, that:

                (a)    the boundaries of the representative zone are appropriate for the purpose of obtaining accurate and representative estimates of the methane being generated by the representative zone; and

               (b)    the representative zone is representative of the sub‑facility zone.

[113]       Subsection 5.17D (1)

omit

(measured in tonnes of methane per year)

insert

measured in tonnes of methane per year

[114]       Subsection 5.17D (2)

after

in accordance

insert

with

[115]       Paragraph 5.17D (4) (b)

omit

week

insert

month

[116]       Subsection 5.17F (1)

after

conduct

insert

, at least every 3 months,

[117]       Paragraph 5.17F (1) (b)

substitute

               (b)    identify locations within the representative zone that have:

                          (i)    low methane emissions; and

                         (ii)    intermediate methane emissions; and

                        (iii)    elevated methane emissions; and

                        (iv)    high methane emissions; and

                (c)    scan the representative zone by scanning along multiple transects that are less than 25 metres wide; and

               (d)    if the scan detects an area within the representative zone that has high methane emissions—scan along multiple transects 1 metre wide; and

                (e)    record the results; and

                (f)    map the results against the site plan prepared in accordance with section 5.17.

[118]       Subsection 5.17F (2), note

omit

[119]       After subsection 5.17F (2)

insert

         (3)   In this section:

low methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are equal to or less than 50 parts per million.

intermediate methane emissions means emissions that the results of a scan performed in accordance with this section indicate are greater than 50 parts per million and equal to or less than 100 parts per million.

elevated methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are greater than 100 parts per million and less than 500 parts per million.

high methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are equal to or greater than 500 parts per million.

[120]       Subsection 5.17G (6)

substitute

         (6)   If an independent expert identifies an area within a representative zone that has low methane emissions, the landfill operator must:

                (a)    calculate the methane gas flow rate of the area by using a rate of 0.01g CH4 per square metre per hour; or

               (b)    take all reasonable steps to ensure that the independent expert performs the calculation mentioned in paragraph (a).

         (7)   If an independent expert identifies an area within a representative zone that has intermediate methane emissions, the landfill operator must:

                (a)    calculate the methane gas flow rate of the area by using a rate of 0.12g CH4 per square metre per hour; or

               (b)    take all reasonable steps to ensure that the independent expert performs the calculation mentioned in paragraph (a).

         (8)   If an independent expert identifies an area within a representative zone that has elevated methane emissions, the landfill operator must:

                (a)    calculate the methane gas flow rate for the area by using a rate of 4.3 g CH4 per square metre per hour; or

               (b)    take all reasonable steps to ensure that the independent expert performs the calculation mentioned in paragraph (a); or

                (c)    take all reasonable steps to ensure that the independent expert works out the minimum number of flux boxes for the area by using the following formula:

where:

Z is the size of the area within the representative zone that has elevated methane emissions, measured in square metres.

         (9)   If an independent expert identifies an area within a representative zone that has high methane emissions, the landfill operator must:

                (a)    calculate the methane gas flow rate of the area by using a rate of 75 g CH4 per square metre per hour; or

               (b)    take all reasonable steps to ensure that the independent expert performs the calculation mentioned in paragraph (a); or

                (c)    take all reasonable steps to ensure that the independent expert works out the minimum number of flux boxes for the area by using the following formula:

where:

Z is the size of the area within the representative zone that has high methane emissions, measured in square metres.

       (10)   In this section:

low methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are equal to or less than 50 parts per million.

intermediate methane emissions means emissions that the results of a scan performed in accordance with this section indicate are greater than 50 parts per million and equal to or less than 100 parts per million.

elevated methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are greater than 100 parts per million and less than 500 parts per million.

high methane emissions means methane emissions that the results of a scan performed in accordance with this section indicate are equal to or greater than 500 parts per million.

[121]       Section 5.17L

substitute

5.17L      Calculating the methane generation constant (ki) for certain waste mix types

         (1)   In this section:

ki means the methane generation constant for each waste mix type:

                (a)    mentioned in column 3 of the table in subsection 5.14 (6); and

               (b)    worked out by performing the steps set out in subsection (2).

Qz means the gas flow rate for the representative zone.

CH4gen is the quantity of methane generated by the landfill as calculated under this section and measured in CO2‑e tonnes.

         (2)   For subsection (1), the steps are.

Step 1

Identify the total amount of methane:

   (a)  estimated in accordance with section 5.17D; and

  (b)  collected at the gas collection wells in the representative zone.

Step 2

Identify the total amount of methane generated by the representative zone:

   (a)  measured in accordance with section 5.17H; and

  (b)  converted in accordance with subsection 5.17H (5).

Step 3

Identify Qz by adding the amount identified under step 1 to the amount identified under step 2.

Step 4

Calculate CH4gen to within ± 0.001 of Qz, using the amount identified under step 3 and the equation mentioned in section 5.4D, by adjusting incrementally each default methane generation constant for each of those waste mix types using the following formula:

kiadj = kidef Í (1 + incr%)

where:

kiadj is the adjusted methane generation constant for each waste mix type mentioned in column 3 of the table in subsection 5.14 (6).

kidef is the default methane generation constant for each waste mix type mentioned in column 3 of the table in subsection 5.14 (6).

incr% is the incremental percentage (≤ 1%).

         (3)   For subsection (1):

                (a)    CH4gen for each representative zone must be worked out:

                          (i)    using the estimates mentioned in section 5.4A and the equations mentioned in sections 5.4B, 5.4C and 5.4D; and

                         (ii)    for each waste mix type mentioned in column 3 of the table in subsection 5.14 (6)—using the formula for calculating kiadj and the method of working out ki in this section; and

               (b)    it is sufficient if CH4gen is within ± 0.001 of Qz.

         (4)   Subsection (6) applies if:

                (a)    in the previous reporting year, a methane generation constant for each waste mix type mentioned in column 3 of a table in section 5.14 is selected from one of those tables for the purpose of estimating methane emissions from the solid waste located in a sub‑facility zone; and

               (b)    ki is worked out before 1 October 2013 for each waste mix type mentioned in column 3 of the table in subsection 5.14 (6).

         (5)   However, subsection (6) does not apply to solid waste of a waste mix type mentioned in column 3 of the table in subsection 5.14 (6) if:

                (a)    the waste has been deposited in a sub‑facility zone; and

               (b)    a methane generation constant for the solid waste has been:

                          (i)    estimated under method 2; and

                         (ii)    used in the previous reporting year.

         (6)   For each waste mix type mentioned in column 3 of the table in subsection 5.14 (6), ki must be applied in the calculation of methane:

                (a)    generated from solid waste deposited in a representative zone in a reporting year; and

               (b)    generated from solid waste deposited in every sub‑facility zone in each reporting year for which an independent expert has certified, in accordance with section 5.17B, that the representative zone is representative of the sub‑facility zone; and

                (c)    if the methane is calculated using the estimates mentioned in paragraph 5.14A (a), (b), (c) or (d) and all of the following:

                          (i)    the fraction of organic carbon dissimilated mentioned in column 3 of the table in section 5.14A;

                         (ii)    the methane correction factor for aerobic decomposition mentioned in section 5.14B;

                        (iii)    the fraction by volume of methane generated in landfill gas mentioned in section 5.14C.

Note 1   For provisions regarding the selection and requirements of representative zones, see sections 5.16 to 5.17I.

Note 2   Section 5.17AA sets out, for a landfill operator using method 2 in Division 5.2.3 or method 3 in Division 5.2.4, the number of subfacility zones that the landfill operator may select and the requirements for subfacility zones that the landfill operator must comply with.

Note 3   Section 5.22A sets out, for a landfill operator using method 1 in Division 5.2.2 to estimate emissions of methane released from legacy waste in a landfill, options and requirements related to sub‑facility zones.

[122]       Subsection 5.19 (1), definition of ECi

after

energy content

insert

factor

[123]       After Division 5.2.6

insert

Division 5.2.7        Legacy waste and non‑legacy waste

5.22A      Legacy waste estimated using particular method—sub‑facility zone options

         (1)   If a landfill operator estimates emissions of methane released from legacy waste in a landfill using method 1 in Division 5.2.2, the landfill operator may:

                (a)    take the whole landfill to be a sub‑facility zone; or

               (b)    select sub‑facility zones in accordance with subsections (2) and (3).

         (2)   The number of sub‑facility zones the landfill operator may select:

                (a)    for sub‑facility zones that contain only waste mix of the type mentioned in paragraph 5.11 (1) (i)—is unlimited; and

               (b)    for all other sub‑facility zones—must not exceed 4.

         (3)   A sub‑facility zone:

                (a)    must cover an area of at least 1 hectare; and

               (b)    must be a single area within the landfill; and

                (c)    must have a uniform composition of waste mix types so that the estimates of the methane generated by the sub‑facility zone are in accordance with section 1.13; and

               (d)    must not be subject to:

                          (i)    landfill gas inflow from another sub‑facility zone; or

                         (ii)    landfill gas outflow to another sub‑facility zone.

Note    Section 5.17AA sets out, for a landfill operator using method 2 in Division 5.2.3 or method 3 in Division 5.2.4, the number of subfacility zones that the landfill operator may select and the requirements for subfacility zones that the landfill operator must comply with.

5.22B     Legacy waste—formula and unit of measurement

         (1)   Emissions from legacy waste must be estimated in tonnes of CO2-e using the following formula:

Elw = [CH4genlwγ(Qcaplw + Qfllw + Qtrlw)] Í (1−OF)

where:

Elw is the quantity of methane released by the landfill from legacy waste, measured in CO2‑e tonnes.

CH4genlw is the quantity of methane generated from legacy waste, measured in CO2‑e tonnes.

γ is the factor 6.784 Í 10‑4 Í 21 converting cubic metres of methane at standard conditions measured to CO2‑e tonnes.

Qcaplw is the quantity of methane captured for combustion from landfill legacy waste during a reporting year and estimated in accordance with section 5.22C.

Qfllw is the quantity of methane flared from landfill legacy waste during the reporting year and estimated in accordance with section 5.22D.

Qtrlw is the quantity of methane captured for transfer out of the landfill from landfill legacy waste during the reporting year and estimated according to section 5.22E.

OF is the oxidation factor (0.1) for near surface methane in the landfill.

         (2)   Work out the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone using the default ratio mentioned in subsection (3) or the method described in subsection (4).

Default ratios

         (3)   The default ratio of methane generated by landfill legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone is:

                (a)    if all of the waste in the sub‑facility zone is legacy waste—1; or

               (b)    if none of the waste in the sub‑facility zone is legacy waste—0.

Method of working out ratio

         (4)   Work out the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone using the following formula:

where:

Lrz is the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone.

CH4genlwz is the quantity of methane generated from legacy waste in a sub‑facility zone, measured in CO2‑e tonnes.

CH4genz is the methane generated from total waste deposited in a sub‑facility zone, measured in CO2-e tonnes.

5.22C     How to estimate quantity of methane captured for combustion from legacy waste for each sub‑facility zone

                The quantity of methane captured for combustion from legacy waste during the reporting year for each sub‑facility zone must be estimated using the following formula:

Qcaplw z = Qcap z Í Lrz

where:

Qcaplw z is the quantity of methane captured for combustion from landfill legacy waste in each sub‑facility zone during a reporting year.

Qcap z is the total quantity of methane in landfill gas captured for combustion from the sub-facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Lrz is the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone.

5.22D     How to estimate quantity of methane in landfill gas flared from legacy waste in the sub‑facility zone

                The quantity of methane in landfill gas flared from landfill legacy waste during the reporting year for each sub-facility zone must be estimated using the following formula:

Qfllw z = Qfl z Í Lrz

where:

Qfllw z is the estimated quantity of methane in landfill gas flared from landfill legacy waste during the reporting year for each sub‑facility zone.

Qfl z is the total quantity of methane in landfill gas flared from the sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Lrz is the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone.

5.22E      How to estimate quantity of methane captured for transfer out of landfill from legacy waste for each sub‑facility zone

                The quantity of methane captured for transfer out of the landfill from legacy waste for each sub‑facility zone must be estimated using the following formula:

Qtrlw z = Qtr z Í Lrz

where:

Qtrlw z is the estimated quantity of methane captured for transfer out of the landfill from legacy waste for each sub-facility zone.

Qtr z is the total quantity of methane in landfill gas transferred out of the sub‑facility zone during the reporting year, measured in cubic metres in accordance with Division 2.3.6.

Lrz is the ratio of methane generated by legacy waste deposited in a sub‑facility zone to methane generated by all waste deposited in a sub‑facility zone.

5.22F      How to calculate the quantity of methane generated from legacy waste for a sub‑facility zone (CH4genlw z)

                Calculate CH4genlw z using the following steps:

                (a)    using the estimates, equations and methods set out in sections 5.4 to 5.22J; and

               (b)    when using those estimates, equations and methods—by replacing:

                          (i)    waste deposited in a landfill with legacy waste deposited in a sub‑facility zone; and

                         (ii)    the quantity of methane in landfill gas captured for combustion from the landfill with the quantity of methane in landfill gas captured for combustion from legacy waste in the sub‑facility zone; and

                        (iii)    the quantity of methane in landfill gas flared from the landfill with the quantity of methane in landfill gas flared from legacy waste in the sub‑facility zone; and

                        (iv)    the quantity of methane in landfill gas captured for transfer out of the landfill with the quantity of methane in landfill gas captured for transfer out of the landfill from legacy waste in the sub‑facility zone.

5.22G     How to calculate total methane generated from legacy waste

                Total methane generated from legacy waste is equal to the sum of methane generated from legacy waste for all sub‑facility zones and is calculated using the following formula:

CH4genlw = ∑ z CH4genlw z

where:

CH4genlw is the methane generated from legacy waste deposited at the landfill, measured in CO2-e tonnes.

z is the sum of all sub-facility zones.

CH4genlw z is the quantity of methane generated from legacy waste in a sub‑facility zone, measured in CO2‑e tonnes, calculated in accordance with section 5.22F.

5.22H     How to calculate total methane captured and combusted from methane generated from legacy waste

                Total methane captured and combusted from methane generated from legacy waste is equal to the sum of methane captured and combusted from methane generated from legacy waste for all sub‑facility zones and is calculated using the following formula:

Qcaplw = ∑ z Qcaplw z

where:

Qcaplw is the quantity of methane captured for combustion from landfill legacy waste during a reporting year.

z is the sum of all sub-facility zones.

Qcaplw z is the quantity of methane captured for combustion from each sub‑facility zone during a reporting year, estimated in accordance with section 5.22C.

5.22I       How to calculate total methane captured and transferred offsite from methane generated from legacy waste

                Total methane captured and transferred offsite from methane generated from legacy waste is equal to the sum of methane captured and transferred offsite from methane generated from legacy waste for all sub‑facility zones and is calculated using the following formula:

Qtrlw = ∑ z Qtrlw z

where:

Qtrlw is the total methane captured and transferred offsite from methane generated from legacy waste deposited at the landfill.

z is the sum of all sub‑facility zones.

Qtrlw z is the estimated quantity of methane captured for transfer out of the landfill from legacy waste for each sub-facility zone, estimated in accordance with section 5.22E.

5.22J      How to calculate total methane flared from methane generated from legacy waste

                Total methane flared from methane generated from legacy waste is equal to the sum of methane flared from methane generated from legacy waste for all sub‑facility zones and is calculated using the following formula :

Qfllw = ∑ z Qfllw z

where:

Qfllw is the quantity of methane flared from landfill legacy waste during the reporting year.

z is the sum of all sub‑facility zones.

Qfllw z is the quantity of methane in landfill gas from landfill legacy waste for each sub‑facility zone during the reporting year, estimated in accordance with section 5.22D.

5.22K     How to calculate methane generated in landfill gas from nonlegacy waste

         (1)   Methane generated in landfill gas from non‑legacy waste must be calculated using the following formula:

CH4gennlw = CH4genjCH4genlw

where:

CH4gennlw is the methane generated in landfill gas from nonlegacy waste, measured in CO2‑e tonnes.

CH4genj is the methane generated in landfill gas from total waste deposited at the landfill, measured in CO2‑e tonnes.

CH4genlw is the methane generated in landfill gas from legacy waste deposited at the landfill, measured in CO2‑e tonnes.

         (2)   Emissions from nonlegacy waste must be calculated using the following formula, measured in CO2‑e tonnes:

Enlw = Ej − Elw

where:

Enlw are the emissions from nonlegacy waste.

Ej is the quantity of methane from waste deposited at the landfill, measured in CO2‑e tonnes:

Elw is the quantity of methane from legacy waste deposited at the landfill, measured in CO2‑e tonnes.

5.22L      Calculating amount of total waste deposited at landfill

                To calculate the amount of total waste deposited at a landfill, add the amount of legacy waste deposited at the landfill to the amount of non‑legacy waste deposited at the landfill.

[124]       Subsection 5.31 (1), definition of Nin

substitute

Nin is the quantity of nitrogen entering the plant during the year, measured in tonnes of nitrogen and worked out:

                (a)    for primary wastewater treatment plants, using the following formula:

Nin = Ntrl + Ntro + Noutdisij

where:

Ntrl is the quantity of nitrogen in sludge transferred out of the plant and removed to landfill during the year, measured in tonnes of nitrogen and worked out using the following formula:

Ntro is the quantity of nitrogen in sludge transferred out of the plant and removed to a site other than landfill during the year, measured in tonnes of nitrogen and worked out as follows:

Noutdisij is the quantity of nitrogen leaving the plant, differentiated by discharge environment; or

               (b)    for any other kind of wastewater treatment plant, using the following formula:

where:

Protein is the annual per capita protein intake of the population being served by the plant, measured in tonnes per person.

FracPr is the fraction of nitrogen in protein.

P is the population serviced by the plant during the year.

[125]       Subsection 5.31 (5), table, item 3

substitute

3

Open coastal waters (ocean and deep ocean)

   (a)  for New South Wales—has the meaning given by the definition of open coastal waters in Schedule 3 to the Protection of the Environment Operations (General) Regulation 2009 (NSW), as in force on 8 June 2012; and

  (b)  otherwise—means all waters of the Pacific Ocean, Southern Ocean and Indian Ocean, except those waters enclosed by a straight line drawn between the low water marks of consecutive headlands

[126]       Subsection 5.31 (5), after the table

insert

Note   Historical versions of the Protection of the Environment Operations (General) Regulation 2009 (NSW) are available at www.legislation.nsw.gov.au.

[127]       Subsection 5.32 (2)

substitute

         (2)   In applying method 1 under section 5.31, nitrogen must be calculated:

                (a)    by using facility operating data that measures the volumetric influent and effluent rates and the influent and effluent rates of nitrogen concentrations; or

               (b)    for primary wastewater treatment plants, using the following formula:

Nin = Ntrl + Ntro + Noutdisij

where:

Nin is the quantity of nitrogen entering the plant during the year, measured in tonnes of nitrogen.

Ntrl is the quantity of nitrogen in sludge transferred out of the plant and removed to landfill during the year, measured in tonnes of nitrogen and worked out using the following formula:

Ntro is the quantity of nitrogen in sludge transferred out of the plant and removed to a site other than landfill during the year, measured in tonnes of nitrogen and worked out as follows:

Noutdisij is the quantity of nitrogen leaving the plant, differentiated by discharge environment.

[128]       Subsection 5.37 (1), definition of ECi

after

energy content

insert

factor

[129]       Subsection 5.48 (1), definition of ECi

after

energy content

insert

factor

[130]       Subsection 8.15 (1)

substitute

         (1)   Subject to this section:

                (a)    the uncertainty of the following must be assessed in accordance with the uncertainty protocol:

                          (i)    scope 1 emissions estimates that are estimated using method 2, 3 or 4;

                         (ii)    scope 1 fugitive emissions estimates for open cut coal mines that are estimated using method 4; and

               (b)    the uncertainty of scope 1 fugitive emissions estimates for open cut coal mines that are estimated using method 2 or 3 must be:

                          (i)    assessed in accordance with the uncertainty protocol; and

                         (ii)    estimated using the method included in section 5 of the ACARP Guidelines.

[131]       After subsection 8.15 (2)

insert

      (2A)   Subsection (2) does not apply to assessing the uncertainty of scope 1 fugitive emissions estimates for open cut coal mines using method 2, 3 or 4.

[132]       Schedule 1, Part 1, item 1

substitute

1

Bituminous coal

27.0

88.2

0.03

0.2

1A

Sub‑bituminous coal

21.0

88.2

0.03

0.2

1B

Anthracite

29.0

88.2

0.03

0.2

[133]       Schedule 1, Part 6

substitute

Part 6          Indirect (scope 2) emission factors from consumption of purchased electricity from grid

 

Item

State, Territory or grid description

Emission factor
kg CO2‑e/kWh

77

New South Wales and Australian Capital Territory

0.88

78

Victoria

1.19

79

Queensland

0.86

80

South Australia

0.65

81

South West Interconnected System in Western Australia

0.82

82

Tasmania

0.26

83

Northern Territory

0.71

[134]       Schedule 3, Part 2, after item 17

insert

17A

Natural gas, if:

   (a)  distributed in a pipeline; and

  (b)  measured in units of gigajoules only

1.40 × 10‑2 tC/GJ of fuel


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.