§ 60.5745 What must I include in my final plan submittal?  


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  • (a) In addition to the components of the plan listed in §60.5740, a final plan submittal to the EPA must include the information in paragraphs (a)(1) through (13) of this section. This information must be submitted to the EPA as part of your final plan submittal but will not be codified as part of the federally enforceable plan upon approval by EPA.

    (1) You must include a description of your plan approach and the geographic scope of the plan (i.e., State or multi-State, geographic boundaries related to the plan elements), including, if applicable, identification of multi-State plan participants.

    (2) You must identify CO2 emission performance rates or equivalent statewide CO2 emission goals that your affected EGUs will achieve. If the geographic scope of your plan is a single State, then you must identify CO2 emission performance rates or emission goals according to §60.5855. If your plan includes multiple States and you elect to set CO2 emission goals, you must identify CO2 emission goals calculated according to §60.5750.

    (i) You must specify in the plan submittal the CO2 emission performance rates or emission goals that affected EGUs will meet for the interim period, each interim step, and the final period (including each final reporting period) pursuant to §60.5770.

    (ii) [Reserved]

    (3) You must include a demonstration that the affected EGUs covered by the plan are projected to achieve the CO2 emission performance rates or CO2 emission goals described in §60.5855.

    (4) You must include a demonstration that each affected EGU's emission standard is quantifiable, non-duplicative, permanent, verifiable, and enforceable according to §60.5775.

    (5) If your plan includes emission standards on your affected EGUs sufficient to meet either the CO2 emission performance rates or CO2 emission goals, you must include in your plan submittal the information in paragraphs (a)(5)(i) through (v) of this section as applicable.

    (i) If your plan applies separate rate-based CO2 emission standards for affected EGUs (in lbs CO2/MWh) that are equal to or lower than the CO2 emission performance rates listed in table 1 of this subpart or uniform rate-based CO2 emission standards equal to or lower than the rate-based CO2 emission goals listed in table 2 of this subpart, then no additional demonstration is required beyond inclusion of the emission standards in the plan.

    (ii) If a plan applies rate-based emission standards to individual affected EGUs at a lbs CO2/MWh rate that differs from the CO2 emission performance rates in table 1 of this subpart or the State's rate-based CO2 emission goal in table 2 of this subpart, then a further demonstration is required that the application of the CO2 emission standards will achieve the CO2 emission performance rates or State rate-based CO2 emission goal. You must demonstrate through a projection that the adjusted weighted average CO2 emission rate of affected EGUs, when weighted by generation (in MWh), will be equal to or less than the CO2 emission performance rates or the rate-based CO2 emission goal. This projection must address the interim period and the final period. The projection in the plan submittal must include the information listed in paragraph (a)(5)(v) of this section and in addition the following:

    (A) An analysis of the change in generation of affected EGUs given the compliance costs and incentives under the application of different emission rate standards across affected EGUs in a State;

    (B) A projection showing how generation is expected to shift between affected EGUs and across affected EGUs and non-affected EGUs over time;

    (C) Assumptions regarding the availability and anticipated use of the MWh of electricity generation or electricity savings from eligible resources that can be issued ERCs;

    (D) The specific calculation (or assumption) of how eligible resource MWh of electricity generation or savings are being used in the projection to adjust the reported CO2 emission rate of affected EGUs;

    (E) If a state plan provides for the ability of renewable energy resources located in states with mass-based plans to be issued ERCs, consideration in the projection that such resources must meet geographic eligibility requirements, consistent with §60.5800(a); and

    (F) Any other applicable assumptions used in the projection.

    (iii) If a plan establishes mass-based emission standards for affected EGUs that cumulatively do not exceed the State's EPA-specified mass CO2 emission goal, then no additional demonstration is required beyond inclusion of the emission standards in the plan.

    (iv) If a plan applies mass-based emission standards to individual affected EGUs that cumulatively exceed the State's EPA-specified mass CO2 emission goal, then you must include a demonstration that your mass-based emission program will be designed such that compliance by affected EGUs would achieve the State mass-based CO2 emission goals. This demonstration includes the information listed in paragraph (a)(5)(v) of this section.

    (v) Your plan demonstration to be included in your plan submittal, if applicable, must include the information listed in paragraphs (a)(5)(v)(A) through (L) of this section.

    (A) A summary of each affected EGU's anticipated future operation characteristics, including:

    (1) Annual generation;

    (2) CO2 emissions;

    (3) Fuel use, fuel prices (when applicable), fuel carbon content;

    (4) Fixed and variable operations and maintenance costs (when applicable);

    (5) Heat rates; and

    (6) Electric generation capacity and capacity factors.

    (B) An identification of any planned new electric generating capacity.

    (C) Analytic treatment of the potential for building unplanned new electric generating capacity.

    (D) A timeline for implementation of EGU-specific actions (if applicable).

    (E) All wholesale electricity prices.

    (F) A geographic representation appropriate for capturing impacts and/or changes in the electric system.

    (G) A time period of analysis, which must extend through at least 2031.

    (H) An anticipated electricity demand forecast (MWh load and MW peak demand) at the State and regional level, including the source and basis for these estimates, and, if appropriate, justification and documentation of underlying assumptions that inform the development of the demand forecast (e.g., annual economic and demand growth rate or population growth rate).

    (I) A demonstration that each emission standard included in your plan meets the requirements of §60.5775.

    (J) Any ERC or emission allowance prices, when applicable.

    (K) An identification of planning reserve margins.

    (L) Any other applicable assumptions used in the projection.

    (6) If your plan relies upon State measures, in addition to or in lieu of the emission standards required by paragraph §60.5740(a)(2), the final State plan submittal must include the information under paragraphs (a)(5)(v) and (a)(6)(i) through (v) of this section.

    (i) You must include a description of all the State measures the State will rely upon to achieve the applicable CO2 emission goals required under §60.5855(e), the projected impacts of the State measures over time, the applicable State laws or regulations related to such measures, and identification of parties or entities subject to or implementing such State measures.

    (ii) You must include the schedule and milestones for the implementation of the State measures. If the State measures in your plan submittal rely upon measures that do not have a direct effect on the CO2 emissions measured at an affected EGU's stack, you must also demonstrate how the minimum emission, monitoring and verification (EM&V) requirements listed under §60.5795 that apply to those programs and projects will be met.

    (iii) You must demonstrate that federally enforceable emission standards for affected EGUs in conjunction with any State measures relied upon for your plan, are sufficient to achieve the mass-based CO2 emission goal for the interim period, each interim step in that interim period, the final period, and each final reporting period. In addition, you must demonstrate that each emission standard included in your plan meets the requirements of §60.5775 and each State measure included in your plan submittal meets the requirements of §60.5780.

    (iv) You must include a CO2 performance projection of your State measures that shows how the measures, whether alone or in conjunction with any federally enforceable CO2 emission standards for affected EGUs, will result in the achievement of the future CO2 performance at affected EGUs. Elements of this projection must include those specified in paragraph (a)(5)(v) of this section, as applicable, and the following for the interim period and the final period:

    (A) A baseline demand and supply forecast as well as the underlying assumptions and data sources of each forecast;

    (B) The magnitude of energy and emission impacts from all measures included in the plan and applicable assumptions;

    (C) An identification of State-enforceable measures with electricity savings and RE generation, in MWh, expected for individual and collective measures and any assumptions related to the quantification of the MWh, as applicable.

    (7) Your plan submittal must include a demonstration that the reliability of the electrical grid has been considered in the development of your plan.

    (8) Your plan submittal must include a timeline with all the programmatic milestone steps the State intends to take between the time of the State plan submittal and January 1, 2022 to ensure the plan is effective as of January 1, 2022.

    (9) Your plan submittal must adequately demonstrate that your State has the legal authority (e.g., through regulations or legislation) and funding to implement and enforce each component of the State plan submittal, including federally enforceable emission standards for affected EGUs, and State measures as applicable.

    (10) Your State plan submittal must demonstrate that each interim step goal required under §60.5855(c), will be met and include in its supporting documentation, if applicable, a description of the analytic process, tools, methods, and assumptions used to make this demonstration.

    (11) Your plan submittal must include certification that a hearing required under §60.23(c)(1) on the State plan was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission, pursuant to the requirements of §60.23(d) and (f).

    (12) Your plan submittal must include documentation of any conducted community outreach and community involvement, including engagement with vulnerable communities.

    (13) Your plan submittal must include supporting material for your plan including:

    (i) Materials demonstrating the State's legal authority and funding to implement and enforce each component of its plan, including emissions standards and/or State measures that the plan relies upon;

    (ii) Materials supporting that the CO2 emission performance rates or CO2 emission goals will be achieved by affected EGUs identified under the plan, according to paragraph (a)(3) of this section;

    (iii) Materials supporting any calculations for CO2 emission goals calculated according to §60.5855, if applicable; and

    (iv) Any other materials necessary to support evaluation of the plan by the EPA.

    (b) You must submit your final plan to the EPA electronically according to §60.5875.