§ 60.5785 What is the procedure for revising my plan?  

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  • (a) EPA-approved plans can be revised only with approval by the Administrator. The Administrator will approve a plan revision if it is satisfactory with respect to the applicable requirements of this subpart and any applicable requirements of subpart B of this part, including the requirement in §60.5745(a)(3) to demonstrate achievement of the CO2 emission performance rates or CO2 emission goals in §60.5855. If one (or more) of the elements of the plan set in §60.5740 require revision with respect to achieving the CO2 emission performance rates or CO2 emission goals in §60.5855, a request must be submitted to the Administrator indicating the proposed revisions to the plan to ensure the CO2 emission performance rates or CO2 emission goals are met. In addition, the following provisions in paragraphs (b) through (d) of this section may apply.

    (b) You may submit revisions to a plan to adjust CO2 emission goals according to §60.5855(d).

    (c) If your State is required to submit a notification according to §60.5870(d) indicating a triggering of corrective measures as described in §60.5740(a)(2)(i) and your plan does not already include corrective measures to be implemented if triggered, you must revise your State plan to include corrective measures to be implemented. The corrective measures must ensure achievement of the CO2 emission performance rates or State CO2 emission goal. Additionally, the corrective measures must achieve additional CO2 emission reductions to offset any CO2 emission performance shortfall relative to the overall interim period or final period CO2 emission performance rate or State CO2 emission goal. The State plan revision submission must explain how the corrective measures both make up for the shortfall and address the State plan deficiency that caused the shortfall. The State must submit the revised plan and explanation to the EPA within 24 months after submitting the State report required in §60.5870(a) indicating the CO2 emission performance deficiency in lieu of the requirements of §60.28(a). The State must implement corrective measures within 6 months of the EPA's approval of a plan revision adding them. The shortfall must be made up as expeditiously as practicable.

    (d) If your plan relies upon State measures, your backstop is triggered under §60.5740(a)(3)(i), and your State measures plan backstop does not include a mechanism to make up the shortfall, you must revise your backstop emission standards to make up the shortfall. The shortfall must be made up as expeditiously as practicable.

    (e) Reliability Safety Valve:

    (1) In order to trigger a reliability safety valve, you must notify the EPA within 48 hours of an unforeseen, emergency situation that threatens reliability, such that your State will need a short-term modification of emission standards under a State plan for a specified affected EGU or EGUs. The EPA will consider the notification in §60.5870(g)(1) to be an approved short-term modification to the State plan without needing to go through the full State plan revision process if the State provides a second notification to the EPA within seven days of the first notification. The short-term modification under a reliability safety valve allows modification to emission standards under the State plan for an affected EGU or EGUs for an initial period of up to 90 days. During that period of time, the affected EGU or EGUs will need to comply with the modified emission standards identified in the initial notification required under §60.5870(g)(1) or amended in the second notification required under §60.5870(g)(2). For the duration of the up to 90-day short-term modification, the CO2 emissions of the affected EGU or EGUs that exceed their obligations under the originally approved State plan will not be counted against the State's CO2 emission performance rate or CO2 emission goal. The EPA reserves the right to review any such notification required under §60.5870(g), and, in the event that the EPA finds such notification is improper, the EPA may disallow the short-term modification and affected EGUs must continue to operate under the approved State plan emission standards. As described more fully in §60.5870(g)(3), at least seven days before the end of the initial 90-day reliability safety valve period, the State must notify the appropriate EPA regional office whether the reliability concern has been addressed and the affected EGU or EGUs can resume meeting the original emission standards established in the State plan prior to the short-term modification or whether a serious, ongoing reliability issue necessitates the affected EGU or EGUs emitting beyond the amount allowed under the State plan.

    (2) Plan revisions submitted pursuant to §60.5870(g)(3) must meet the requirements for State plan revisions under §60.5785(a).