Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 40 - Protection of Environment |
Chapter I - Environmental Protection Agency |
SubChapter C - Air Programs |
Part 60 - Standards of Performance for New Stationary Sources |
Subpart UUUU - Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units |
Applicability of Plans to Affected Egus |
§ 60.5855 - What are the CO2 emission performance rates for affected EGUs?
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§ 60.5855 What are the CO2 emission performance rates for affected EGUs?
(a) You must require, in your plan, emission standards on affected EGUs to meet the CO2 emission performance rates listed in table 1 of this subpart except as provided in paragraph (b) of this section. In addition, you must set CO2 emission performance rates for the interim steps, according to paragraph (a)(1) of this section, except as provided in paragraph (b) of this section.
(1) You must set CO2 emission performance rates for your affected EGUs to meet during the interim step periods on average and as applicable for the two subcategories of affected EGUs.
(2) [Reserved]
(b) You may elect to require your affected EGUs to meet emission standards that differ from the CO2 emission performance rates listed in table 1 of this subpart, provided that you demonstrate that the affected EGUs in your State will collectively meet their CO2 emission performance rate by achieving statewide emission goals that are equivalent and no less stringent than the CO2 emission performance rates listed in table 1, and provided that your equivalent statewide CO2 emission goals take one of the following forms:
(1) Average statewide rate-based CO2 emission goals listed in table 2 of this subpart, except as provided in paragraphs (c) and (d); or
(2) Cumulative statewide mass-based CO2 emission goals listed in table 3 of this subpart, except as provided in paragraphs (c) and (d) of this section.
(c) If your plan meets CO2 emission goals listed in paragraphs (b)(1) or (2) of this section you must develop your own interim step goals and final reporting period goal for your affected EGUs to meet either on average (in the case of rate-based goals) or cumulatively (in the case of mass-based goals). Additionally the following applies if you develop your own goals:
(1) The interim period and interim steps CO2 emission goals must be in the same form, either both rate (in units of pounds per net MWh) or both mass (in tons); and
(2) You must set interim step goals that will either on average or cumulatively meet the State's interim period goal, as applicable to a rate-based or mass-based CO2 emission goal.
(d) Your plan's interim period and final period CO2 emission goals required to be met pursuant to paragraph (b)(1) or (2) of this section, may be changed in the plan only according to situations listed in paragraphs (d)(1) through (3) of this section. If a situation requires a plan revision, you must follow the procedures in § 60.5785 to submit a plan revision.
(1) If your plan implements CO2 emission goals, you may submit a plan or plan revision, allowed in § 60.5785, to make corrections to them, subject to EPA's approval, as a result of changes in the inventory of affected EGUs; and
(2) If you elect to require your affected EGUs to meet emission standards to meet mass-based CO2 emission goals in your plan, you may elect to incorporate, as a matter of state law, the mass emissions from EGUs that are subject to subpart TTTT of this part that are considered new affected EGUs under subpart TTTT of this part.
(e) If your plan relies upon State measures in addition to or in lieu of emission standards, you must only use the mass-based goals allowed for in paragraph (b)(2) of this section to demonstrate that your affected EGUs are meeting the required emissions performance.
(f) Nothing in this subpart precludes an affected EGU from complying with its emission standard or you from meeting your obligations under the State plan.