A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for the vapour being discharged from the class of geothermal fluid into a geothermal field must—

(a)

obtain representative samples of the vapour being discharged in accordance with the procedures and standards referred to in subclause (1)(a); and

(b)

have the tests referred to in subclause (1)(b) carried out on each of the samples of the vapour being discharged by a person or laboratory that is accredited as complying with that subclause; and

(c)

measure the vapour discharge flow rates and the pressure and temperature of the vapour flow at the discharge point or, if the system has multiple discharge points, at each discharge point; and

(d)

calculate an emissions factor for the vapour being discharged in accordance with the following formula:

UEF = m_CO2 + (m_CH4 × 28)

where—

UEF: is the unique emissions factor for the class of geothermal fluid expressed in tonnes of carbon dioxide equivalent gases per tonne of steam (tCO₂e/t steam)
m_CH4: is the mean mass fraction of CH₄ in the vapour being discharged as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCH₄/t vapour
m_CO2: is the mean mass fraction of CO₂ in the vapour being discharged as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCO₂/t vapour.

(2B)

A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for the brine input from the class of geothermal fluid into a geothermal field must—

(a)

obtain representative samples of the brine input in accordance with the procedures and standards referred to in subclause (1)(a); and

(b)

have the tests referred to in subclause (1)(b) carried out on each of the samples of the brine input by a person or laboratory that is accredited as complying with that subclause; and

(c)

measure the tonnes of steam, brine, or vapour per hour at, or downstream of, each point at which representative samples are obtained; and

(d)

calculate an emissions factor for the brine input in accordance with the following formula:

EF_B = m_CO2 + (m_CH4 × 28)

where—

EF_B: is the emissions factor for the brine input expressed in tCO2e/t brine (tCO₂e/t steam)
m_CH4: is the mean mass fraction of CH₄ in the brine input as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCH₄/t brine
m_CO2: is the mean mass fraction of CO₂ in the brine input as determined by reference to the results of the tests referred to in paragraph (b) and expressed in tCO₂/t brine; and

(e)

calculate the unique emissions factor for brine input from the class of geothermal fluid into a geothermal field in accordance with the following formula:

UEF = [∑(EF_S × A_S) ÷ ∑A_S] + [∑(EF_B × A_B) ÷ ∑A_B]
− [∑(EF_R × A_R) ÷ ∑A_R]

where—

A_B: is the tonnes of brine measured at the brine input per hour in accordance with paragraph (c)
EF_B: is the emissions factor for the brine input calculated in accordance with paragraph (d)
A_R: is the tonnes of reinjection fluid per hour measured in accordance with paragraph (c)
EF_R: is,—

(a)

if an adjustment for reinjection is claimed, the emissions factor for the reinjection fluid as calculated under subclause (2)(c); or

(b)

if no adjustment for reinjection is claimed, zero
A_S: is the tonnes of steam at each separation or mix point per hour measured in accordance with paragraph (c)
EF_S: is the emissions factor for the relevant steam separation or mix point calculated under subclause (1)(d)
UEF: is the unique emissions factor for the class of geothermal fluid expressed in tonnes of carbon dioxide equivalent gases per tonne of steam (tCO₂e/t steam).

(2C)

A geothermal participant who wishes to claim an alternative to the unique emissions factor calculated under subclause (1) to account for 100% reinjection of non-condensable gases into a geothermal field must—

(a)

undergo inspection by a recognised verifier to verify that 100% reinjection of non-condensable gases is occurring; and

(b)

submit the following material to the recognised verifier:

(i)

evidence of a permanent connection of the non-condensable gas offtake to a reinjection pipeline:

(ii)

a recorded indicator of non-condensable gas emissions, obtained with a non-condensable gas flowmeter, a temperature gauge on the emission line, or another indicator that positively records when emissions are occurring:

(iii)

evidence that any small discharges to the atmosphere, which may occur on start-up, station trips, or another similar occurrence, are less than 4,000 tonnes per year; and

(c)

if small discharges to the atmosphere exceed 4,000 tonnes per year but a permanent connection of the non-condensable gas offtake to a reinjection pipeline remains in use, the geothermal participant may continue to use the emissions factor of zero obtained under that subclause, but they must—

(i)

collect and record a standard flow rate for each non-condensable gas emission; and

(ii)

calculate their non-condensable gas emissions in relation to each class of geothermal fluid in the year in accordance with the method set out in regulation 20 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009; and

(iii)

use in that calculation the emissions factor for the class of geothermal fluid listed in Part A of table 6 in Schedule 2 of those regulations, instead of the participant’s unique emissions factor of zero.

(4)

After regulation 16(3)(b)(ii), insert:

(iii)

if relating to vapour discharge, at the point at which the discharge occurs; or

(iv)

at the point of brine input:

5 Regulation 17 amended (Requirements for applications for unique emissions factor approval for geothermal fluid use calculated by reference to non-condensable gas concentrations)

(1)

In regulation 17(1)(c), formula, replace “EF_fluid” with “EF_B” in each place.

(2)

In regulation 17(1)(d), formula, replace “EF_fluid” with “EF_B” in each place.

6 Regulation 23C amended (Requirements relating to application for unique emissions factor approval in relation to LFG collection and destruction system)

(1)

In regulation 23C, after “facility”, insert “or other site where LFG is destroyed” in each place.

(2)

In regulation 23C(1)(g), formula, replace “0.91” with “1.023”.

7 Schedule 2 amended

(1)

In Schedule 2, table, first column heading, after “equipment”, insert “or method”.

(2)

In Schedule 2, table, insert as the last item:

Provided to be upgraded to biomethane

0.99

8 Schedule 3 replaced

Replace Schedule 3 with the Schedule 3 set out in the Schedule of these regulations.

Schedule Schedule 3 replaced

r 8

Schedule 3 First-order decay model parameters

r 23C

Waste stream component	Current default waste composition data (SWAP)	Waste composition until 1 January 2023	Waste composition until 1 January 2016	IPCC DOC	Equivalent methane generation potential Lo (m³ CH₄/tonne)	Decay rate constant k
Food	9.0%	16.8%	0.0%	0.15	75	0.185
Garden	5.7%	8.3%	23.3%	0.20	100	0.100
Nappies and sanitary	2.5%	3.0%	2.7%	0.24	120	0.100
Paper	5.9%	10.7%	14.9%	0.40	200	0.060
Sewage sludge	1.9%	3.9%	0.0%	0.05	25	0.185
Textiles	5.0%	5.6%	3.9%	0.24	120	0.060
Timber	12.6%	11.9%	13.9%	0.43	215	0.030
Inert	57.3%	39.8%	41.3%	0.00	0	0.000

Nicola Purvis,
Acting Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations but is intended to indicate their general effect.

These regulations amend the Climate Change (Unique Emissions Factors) Regulations 2009 (the principal regulations). Regulations 4 and 5 come into force on 1 January 2025 and regulations 6, 7, and 8 come into force on 1 January 2026.

Regulation 4 amends regulation 16 of the principal regulations by providing further methodologies for geothermal participants who wish to claim a unique emissions factor with an alternative method.

Regulation 5 amends regulation 17 of the principal regulations by updating the references to EF_fluid with references to EF_B.

Regulation 6 amends regulation 23C of the principal regulations by—

changing the default emissions factor so it aligns with the factor as provided in the Climate Change (Waste) Regulations 2010; and
providing that landfill gases may be disposed of at sites other than disposal facilities.

Regulation 7 amends Schedule 2 of the principal regulations by adding an item to the list of destruction equipment or methods for landfill gas and updating the relevant column heading to reflect this addition.

Regulation 8 and the Schedule replace Schedule 3 of the principal regulations with new Schedule 3, which relates to first-order decay model parameters. The parameters are used in the calculations set out in regulation 23C of the principal regulations, so as to provide more accurate results from those calculations.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 26 September 2024.

These regulations are administered by the Ministry for the Environment.

Amendments not yet incorporated

The most recent version of this secondary legislation does not yet have amendments incorporated from:

Climate Change (Unique Emissions Factors) Amendment Regulations 2025

Climate Change (Unique Emissions Factors) Amendment Regulations 2024