§ 60.5870 What are my reporting and notification requirements?  


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  • (a) In lieu of the annual report required under §60.25(e) and (f) of this part, you must report the information in paragraphs (b) through (f) of this section.

    (b) You must submit a report covering each interim step within the interim period and each of the final 2-calendar year periods due no later than July 1 of the year following the end of the period. The interim period reporting starts with a report covering interim step 1 due no later than July 1, 2025. The final period reports start with a biennial report covering the first final reporting period (which is due by July 1, 2032), a 2-calendar year average of emissions or cumulative sum of emissions used to determine compliance with the final CO2 emission performance rate or CO2 emission goal (as applicable). The report must include the information in paragraphs (b)(1) through (4) of this section.

    (1) The report must include the emissions performance achieved by all affected EGUs during the reporting period, consistent with the plan approach according to §60.5745(a), and identification of whether each affected EGU is in compliance with its emission standard and whether the collective of all affected EGUs covered by the State are on schedule to meet the applicable CO2 emission performance rate or emission goal during the performance periods and compliance periods, as specified in the plan.

    (2) The report must include a comparison of the CO2 emission performance rate or CO2 emission goal identified in the State plan for the applicable interim step period versus the actual average, cumulative, or adjusted CO2 emission performance (as applicable) achieved by all affected EGUs.

    (i) For interim step 3, you do not need to include a comparison between the applicable interim step 3 CO2 emission performance rate or emission goal; you must only submit the average, cumulative or adjusted CO2 emission performance (as applicable) of your affected EGUs during that period in units of your applicable CO2 emission performance rate or emission goal.

    (ii) [Reserved]

    (3) The report must include all other required information, as specified in your State plan according to §60.5740(a)(5).

    (4) If applicable, the report must include a program review that your State has conducted that addresses all aspects of the administration of the State plan and overall program, including State evaluations and regulatory decisions regarding eligibility applications for ERC resources and M&V reports (and associated EM&V activities), and State issuance of ERCs. The program review must assess whether the program is being administered properly in accordance with the approved plan, whether reported annual MWh of generation and savings from qualified ERC resources are being properly quantified, verified, and reported in accordance with approved EM&V plans, and whether appropriate records are being maintained. The program review must also address determination of the eligibility of verifiers by the State and the conduct of independent verifiers, including the quality of verifier reviews.

    (c) If your plan relies upon State measures, in lieu of or in addition to emission standards, then you must submit an annual report to the EPA in addition to the reports required under paragraph (b) of this section for the interim period. In the final period, you must submit biennial reports consistent with those required under paragraph (b) of this section. The annual reports in the interim period must be submitted no later than July 1 following the end of each calendar year starting with 2022. The annual and biennial reports must include the information in paragraphs (c)(1) and (2) of this section for the preceding year or two years, as applicable.

    (1) You must include in your report the status of implementation of federally enforceable emission standards (if applicable) and State measures.

    (2) You must include information regarding the status of the periodic programmatic milestones to show progress in program implementation. The programmatic milestones with specific dates for achievement must be consistent with the State measures included in the State plan submittal.

    (d) If your plan includes the requirement for emission standards on your affected EGUs, then you must submit a notification, if applicable, in the report required under paragraph (b) of this section to the EPA if your affected EGUs trigger corrective measures as described in §60.5740(a)(2)(i). If corrective measures are required and were not previously submitted with your state plan, you must follow the requirements in §60.5785 for revising your plan to implement the corrective measures.

    (e) If your plan relies upon State measures, in lieu of or in addition to emission standards, than you must submit a notification as required under paragraphs (e)(1) and (2) of this section.

    (1) You must submit a notification in the report required under paragraph (c) of this section to the EPA if at the end of the calendar year your State did not meet a programmatic milestone included in your plan submittal. This notification must detail the implementation of the backstop required in your plan to be fully in place within 18 months of the due date of the report required in paragraph (b) of this section. In addition, the notification must describe the steps taken by the State to inform the affected EGUs in its State that the backstop has been triggered.

    (2) You must submit a notification in the report required under paragraph (b) of this section to the EPA if you trigger the backstop as described in §60.5740(a)(3)(i). This notification must detail the steps that will be taken by you to implement the backstop so that it is fully in place within 18 months of the due date of the report required in paragraph (b) of this section. In addition, the notification must describe the steps taken by the State to inform the affected EGUs that the backstop has been triggered.

    (f) You must include in your 2029 report (which is due by July 1, 2030) the calculation of average CO2 emissions rate, cumulative sum of CO2 emissions, or adjusted CO2 emissions rate (as applicable) over the interim period and a comparison of those values to your interim CO2 emission performance rate or emission goal. The calculated value must be in units consistent with the approach you set in your plan for the interim period.

    (g) The notifications listed in paragraphs (g)(1) through (3) of this section are required for the reliability safety valve allowed in §60.5785(e).

    (1) As required under §60.5785(e), you must submit an initial notification to the appropriate EPA regional office within 48 hours of an unforeseen, emergency situation. The initial notification must:

    (i) Include a full description, to the extent that it is known, of the emergency situation that is being addressed;

    (ii) Identify the affected EGU or EGUs that are required to run to assure reliability; and

    (iii) Specify the modified emission standards at which the identified EGU or EGUs will operate.

    (2) Within 7 days of the initial notification in §60.5870(g)(1), the State must submit a second notification to the appropriate EPA regional office that documents the initial notification. If the State fails to submit this documentation on a timely basis, the EPA will notify the State, which must then notify the affected EGU(s) that they must operate or resume operations under the original approved State plan emission standards. This notification must include the following:

    (i) A full description of the reliability concern and why an unforeseen, emergency situation that threatens reliability requires the affected EGU or EGUs to operate under modified emission standards from those originally required in the State plan including discussion of why the flexibilities provided under the state's plan are insufficient to address the concern;

    (ii) A description of how the State is coordinating or will coordinate with relevant reliability coordinators and planning authorities to alleviate the problem in an expedited manner;

    (iii) An indication of the maximum time that the State anticipates the affected EGU or EGUs will need to operate in a manner inconsistent with its or their obligations under the State's approved plan;

    (iv) A written concurrence from the relevant reliability coordinator and/or planning authority confirming the existence of the imminent reliability threat and supporting the temporary modification request or an explanation of why this kind of concurrence cannot be provided;

    (v) The modified emission standards or levels that the affected EGU or EGU will be operating at for the remainder of the 90-day period if it has changed from the initial notification; and

    (vi) Information regarding any system-wide or other analysis of the reliability concern conducted by the relevant planning authority, if any.

    (3) At least 7 days before the end of the 90-day reliability safety valve period, the State must notify the appropriate EPA regional office that either:

    (i) The reliability concern has been addressed and the affected EGU or EGUs can resume meeting the original emission standards in the State plan approved prior to the short-term modification; or

    (ii) There still is a serious, ongoing reliability issue that necessitates the affected EGU or EGUs to emit beyond the amount allowed under the State plan. In this case, the State must provide a notification to the EPA that it will be submitting a State plan revision according to paragraph §60.5785(a) of this section to address the reliability issue. The notification must provide the date by which a revised State plan will be submitted to EPA and documentation of the ongoing emergency with a written concurrence from the relevant reliability coordinator and/or planning authority confirming the continuing urgent need for the affected EGU or EGUs to operate beyond the requirements of the State plan and that there is no other reasonable way of addressing the ongoing reliability emergency but for the affected EGU or EGUs to operate under an alternative emission standard than originally approved under the State plan. After the initial 90-day period, any excess emissions beyond what is authorized in the original approved State plan will count against the State's overall CO2 emission goal or emission performance rate for affected EGUs.