THE COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DETERMINATION REGARDING SUFFICIENCY OF GREENHOUSE GAS CREDITS PURSUANT TO 310 CMR 7.00: APPENDIX B(7)(d)4.d.

June 1, 2008

The Massachusetts Department of Environmental Protection (MassDEP), pursuant to 310 CMR 7.00: Appendix B(7)(d)4.d., is required to determine whether or not there are insufficient Greenhouse Gas (GHG) Credits available for purchase at or below the offset trigger price of $6.90 per ton of CO2e in the geographic regions specified in 310 CMR 7.00: Appendix B(7)(d)3.

The Department finds that:

• If the amount of carbon dioxide emitted by affected facilities in 2008 is approximately the same as it was in 2005, 2006, and 2007, then the total number of GHG Credits needed for all affected facilities to meet compliance obligations under 310 CMR 7.29(5)(a)5. will be approximately 1,000,000.
  
  
• Although MassDEP has received Applications for Certification of GHG Credits from six projects that are expected to generate approximately 1,000,000 GHG Credits corresponding to reductions expected to occur before January 1, 2009, it is not certain at this time that all of the certified GHG Credits will be verifiable.

Given the uncertainty at the present time regarding the number of GHG Credits that will be needed for facilities to meet compliance obligations under 310 CMR 7.29(5)(a)5., as well as the number of verified GHG credits that will ultimately be created, MassDEP hereby determines that there are insufficient Greenhouse Gas (GHG) Credits available for purchase at or below the offset trigger price of $6.90 per ton of CO2e in the geographic regions specified in 310 CMR 7.00: Appendix B(7)(d)3. 
 
Based on this determination that there are insufficient GHG Credits available for purchase at or below the offset trigger price of $6.90 per ton of CO2e in the geographic regions specified in 310 CMR 7.00: Appendix B(7)(d)3., pursuant to 310 CMR 7.00: Appendix B(7)(i), affected facilities may apply to verify and use EU ETS Phase II Allowances and CDM CERs that are eligible for use under Phase II of the EU ETS.