Pursuant to section 161D of the Climate Change Response Act 2002 (“Act”), I, Hon James Shaw, Minister for Climate Change, give the following notice requiring information on the production of refined petroleum products to determine the emissions-intensity of this activity and the allocative baseline or baselines of the products of the activity.

Notice

1. Title and commencement—

(1) This notice may be cited as the Call for the Provision of Data (Production of Refined Petroleum Products) Notice 2018.

(2) This notice takes effect from and including 11 October 2018.

2. Interpretation—

(1) Unless the context otherwise requires:

Act means the Climate Change Response Act 2002.

Activity outputs are the outputs used for the calculation of the revenue of the activity and mean the outputs specified as Refined Petroleum Products in clause 2(2) of this notice.

Bases of preparation means the form available from industrialallocation@mfe.govt.nz.

Data collection rules means the methodologies for data collection specified in Schedule 1 of this notice.

Declaration means the statement of declaration available from industrialallocation@mfe.govt.nz.

Excluded emissions means the emissions specified in Schedule 3 of this notice.

Financial years means the financial years beginning on 1 July and ending on 30 June for each of the periods 2006/2007, 2007/2008 and 2008/2009, during which the person carried out the activity.

Included emissions means the emissions specified in Schedule 2 of this notice from the sources listed in Emissions Rule 1 of Schedule 1.

Product (basis of allocation) is the total barrels of petrol, diesel, kerosene, fuel oil, bitumen, and other associated products, that is produced by carrying out the eligible industrial activity, and is of saleable quality.

Specified Template means the table template available from industrialallocation@mfe.govt.nz.

(2) Activity means the physical or chemical transformation of:

• crude petroleum, bio-feedstocks, refinery residue, condensates and intermediate petroleum products

into Refined Petroleum products:

• petrol, diesel, kerosene, fuel oil, bitumen, and other associated products

involving the conduct of the following process:

1. distillation; or
2. adjustment of molecular weight and structure.

(3) Saleable has its ordinary meaning as understood by participants in the relevant market, subject to subclauses (a) to (d):

1. Saleable is an output produced to a level at which it would ordinarily be considered by participants in the relevant market:
1. to be the output of the process; and
2. to have a commercial value as that output.
2. A sub-standard product which is discarded is taken not to be saleable or of saleable quality.
3. An output which is recycled back while carrying out the activity as defined to produce a new output is not saleable or of saleable quality.
4. Material which is scrapped or lost before it is packaged as a product that is saleable or of saleable quality:
1. is not saleable or of saleable quality; and
2. is not to be included in an amount of product (basis of allocation).

(4) Expressions defined in the Act have the same meaning in this notice as they do in the Act unless the context otherwise requires.

3. Data required to be provided—

(1) Any person carrying out the activity on the date of this notice must provide to the Ministry for the Environment data for the financial years for the activity in the form of the specified template, calculated in accordance with the data collection rules, together with the completed declaration and bases of preparation.

(2) In calculating the data for the activity, the person must include only the included emissions and must exclude the excluded emissions.

4. Deadline for provision of data—

The data required by clause 3 of this notice must be provided to the Ministry for the Environment within 30 working days of the date of this notice.

Schedule 1

Revenue Rules

1. Revenue must be calculated as the quantity of Processing Fees invoiced, for each of the financial years, exclusive of GST, for the eligible industrial activity.
2. The Processing Fee reflects the revenue generated by the Production of Refined Petroleum Products service that the firm provides. This revenue is calculated as the difference between the quantity of activity outputs produced and the market value of each activity output, and the quantity of activity inputs consumed and the market value of each activity input. Quantity of activity output(s) is either the direct measure of activity output or is calculated from units sold and changes in inventory. Quantity of activity input(s) is either the direct measure of activity input or is calculated from units consumed and changes in inventory. The same methodology must be used for all years.
3. The Processing Fee is calculated in accordance with the following:
1. The market value of each activity output must be a ‘plant gate’ value for the activity output. The market value of each activity input must be a ‘plant gate’ value for the activity input. It is the fair value of the product or input, as defined under the New Zealand Accounting Standard NZ IAS 18, adjusted for transport costs to reflect the market into which it is sold. It must be calculated for each of the financial years by using an observable market price for each of the financial years that is appropriate to the duration of time when the output was produced in those years. An observable market price must be based on a relevant price listed on an international exchange, a price obtained from an industry analyst’s report or a price derived from government or industry body statistics.
2. Market price must be converted from foreign currencies to New Zealand dollars at the historical rate appropriate to the period of activity output.
4. A weight may be applied to the Processing Fee, as calculated in accordance with revenue rules 3a and 3b, in each of the financial years. Where a weighting is used, a weight of 0.7 will be applied in the financial year with the highest Processing Fee and a weight of 1.15 will be applied in the other two financial years.

Emissions Rules

1. Data must be supplied for each financial year from only the following emissions sources, expressed in tonnes of carbon dioxide equivalent:
1. the direct oxidation or use as feedstock of any coal, natural gas, geothermal fluid, used oil, or waste oil as part of the activity;
2. the direct oxidation or use as feedstock of any coal, natural gas, geothermal fluid, used oil, or waste oil to generate steam that is used as part of the activity;
3. the direct use of liquid fossil fuel in stationary equipment;
4. any of the activities listed in part 4 of Schedule 3 of the Act carried out as part of the activity; and
5. the electricity used as part of the activity.
2. Emissions must be calculated using the applicable formulae and emission factors specified in these data collection rules and in the specified template. Direct measures cannot be used as a substitute.
3. Emissions from the direct use of natural gas/coal as a feedstock must be calculated as zero when either (1) the feedstock is used to produce an obligation fuel defined in the Climate Change (Liquid Fossil Fuels) Regulations 2008, or (2) the production of the output is eligible to earn emission units under the Climate Change (Other Removal Activities) Regulations 2009.
4. Emissions for which no obligation exists under the Act due to an exemption made by Order in Council under section 60 of the Act must be calculated as zero.
5. Total emissions from a heat/steam plant must be allocated to an activity in proportion to its use of the output of the plant. Total emissions from a co-generation plant must be split between heat/steam and electricity emissions on the basis of relative efficiencies of production, using efficiency rates of 80% for steam and 35% for electricity, then the heat/steam emissions must be allocated to the activity in proportion to its use of the output of heat from the plant.
   
   Emissions allocated to heat/steam production must be estimated using the following formula:

Where:

E_H = emissions allocated to steam production.

H = steam output (energy).

e_H = assumed efficiency of steam production.

P = delivered electricity generation (energy).

e_p = assumed efficiency of electricity generation.

E_T = total direct emissions of the CHP system.

E_p = emissions allocated to electricity production.

6. The following specific formulae must be used in estimating direct emissions:

Coal

Emissions = (A_L × CV_L × EF_L) + (A_SB × CV_SB × EF_SB) + (A_B × CV_B × EF_B)

where:

A = tonnes of coal consumed for different varieties, including L = lignite, SB = sub-bituminous, B = bituminous.

CV = calorific value of the coal class used.

EF = relevant emission factor for the relevant coal class.

Natural gas

Emissions = A × EF

where:

A = consumption of natural gas (in terajoules, or tonnes if LPG).

EF = emission factor for natural gas (use either one for the appropriate field(s), if known, or the national average if the gas field(s) is not known).

Geothermal fluid

Emissions = A x EF

where:

A = consumption of geothermal fluid (in tonnes).

EF = emission factor for geothermal fluid.

Used or waste oil

Emissions = A × CV × EF

where:

A = consumption of used or waste oil (in tonnes).

CV = calorific value of the used or waste oil.

EF = emission factor for the used or waste oil.

Intermediate crude oil product

Emissions = A x EF

where:

A = consumption of intermediate crude oil product (refinery fuel gas, refinery fuel oil, refinery asphalt, refinery flare gas, or other) (in tonnes).

EF = emission factor for intermediate crude oil product.

1. Emissions from industrial processes must be calculated using the formulae set out in Part 3 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009.
2. The emission factors used in calculating emissions must be those listed in the December 2009 version of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009, as found here: http://www.legislation.govt.nz/regulation/public/2009/0285/36.0/DLM2390302.html.
3. Indirect emissions from electricity use must be calculated using the following formula:

Emissions = A × EAF

where:

A = consumption of electricity (in MWh).

EAF = electricity allocation factor.

4. For eligibility purposes, electricity emissions must be estimated using an electricity allocation factor of 1 tonne of CO₂-e per megawatt hour of consumption.
5. For allocative baseline purposes, electricity emissions must be estimated using an electricity allocation factor of 0.537 tonnes of CO₂-e per megawatt hour of consumption.
6. Best endeavours must be used in calculating emissions. Simplified and reasonable emission calculation methods of the person’s own design can be used for specified small emissions sources that are either excluded or included emissions, and are, in aggregate, estimated to be no more than 5% of total emissions from the activity at the site, provided that a 5% change in total estimated emissions would not change the eligibility status of the activity, if the activity of the person was considered in isolation when making a decision about eligibility. All methods used must be disclosed in the bases of preparation.
7. All emissions associated with the activity must be counted, regardless of whether the output is of saleable quality.

Data Preparation Rules

1. The methods, assumptions and calculations used to produce the data must be disclosed in the bases of preparation along with the data in the specified template.
2. Where uncertainties arise when determining emission and revenue data, these uncertainties must be declared in the bases of preparation.

Schedule 2

Included emissions

Emissions that must be included in any information provided in response to this notice are emissions resulting from:

• the direct use of any coal, natural gas, geothermal fluid, used oil, or waste oil, or the use of electricity, as part of the activity as described, including from machinery, equipment and processes which are integral to, and essential for, the physical, chemical and/or biological transformation involved in the activity as described, including, for example:
• machinery used to move materials within and as part of the activity, including mobile equipment;
• control rooms, laboratories, maintenance workshops;
• machinery used to create non-electrical energy for use in the activity as described;
• the on-site production of hydrogen at the refinery;
• the processing of by-products where they involve the recovery of materials for re-use within the activity or are necessary for the activity to proceed as described;
• onsite processing of waste materials from the activity to comply with regulatory obligations; and
• all associated activities relating to process unit shut down and start-up;
• the direct use of any coal, natural gas, geothermal fluid, used oil, or waste oil, or the use of electricity, to generate steam that is used as part of the activity as described;
• the direct use of any liquid fossil fuel in stationary equipment;
• waste heat recovery that is part of the activity as described;
• the treatment of activity feedstocks to produce products to meet saleable specifications and may include process units for the manufacture of lubricant base stocks and bitumen;
• the regeneration of catalysts consumed within the activity boundary; and
• emissions from storage tanks within the activity boundary and used to store feedstocks, intermediate components and final products.

Schedule 3

Excluded emissions

Emissions that may not be included in any information provided in response to this notice are emissions resulting from:

• the use of machinery and equipment, and other processes that are not integral to, nor essential to, the physical, chemical and/or biological transformation taking place when the activity as described is carried out;
• any extraction or production of raw materials that are subsequently used when the activity as described is carried out;
• the transportation of inputs used in the activity to storage at the location where the activity as described is carried out;
• the transportation of outputs of the activity from storage at the location where the activity as described is carried out to another location;
• the transportation of intermediate products between different location where the activity as described is carried out;
• operations that are complementary to the activity as described, including (but not limited to) packaging, head office operations, and administration and marketing (whether carried out at the same location where the activity is carried out or at a different location); and
• the generation of electricity at the location where the activity as described is carried out.

Dated at Wellington this 1st day of October 2018.

Hon JAMES SHAW, Minister for Climate Change.

Explanatory Note

This note is not part of the notice but is intended to indicate its general effect.

This notice, which comes into effect on 11 October 2018, requires any person carrying out the production of refined petroleum products (as that activity is defined in the notice) to provide the information requested by the Minister in accordance with the data collection rules specified in the notice including only the emissions set out in Schedule 2 of the notice from the sources listed in Emissions Rule 1 of Schedule 1 of the notice, and excluding those emissions set out in Schedule 3 of the notice.

The information is being requested to assist the Minister to determine if the activity meets the criteria listed in section 161D(3)(a) of the Act.

The specified template, declaration and bases of preparation required by this notice, together with the guidance document for filling in these documents can be obtained from industrialallocation@mfe.govt.nz

The specified template, declaration and bases of preparation must be completed and returned to the Ministry for the Environment within 30 working days of the date of this notice. The Ministry would prefer to receive this information by email to industrialallocation@mfe.govt.nz. If you consider that providing the information by email would cause difficulties, you may return data on CD by mail or in person to: the Ministry for the Environment, 23 Kate Sheppard Place, Wellington. Original signed copies of the declaration must also be provided. Please contact the Ministry on 0800 499 700 for any further assistance.

While the notice does not require the source information and records on which the data in the specified template is based, it would be prudent to retain this information for a period of seven years. The Minister is able to request any further information that he considers necessary to enable the verification of the accuracy of the information provided under this notice.

Persons to whom this notice applies should note that, under section 161D(7) of the Act, failure without reasonable excuse to supply the data and information required by this notice will mean that if the activity is subsequently prescribed as an eligible industry activity, those persons (and associated persons) may not be eligible to be allocated New Zealand units in respect of that activity.

In addition, it is an offence to knowingly provide altered, false, incomplete or misleading information (section 132 of the Act) or, with the intent to deceive and for the purpose of obtaining a material benefit or avoiding a material detriment, to fail to provide information or to provide altered, false, incomplete or misleading information (section 133 of the Act).