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e-CFR data is current as of November 24, 2020

Title 40Chapter ISubchapter CPart 60Subpart UUUUa → Subject Group


Title 40: Protection of Environment
PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (CONTINUED)
Subpart UUUUa—Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units


State Plan Requirements

§60.5735a   What must I include in my federally enforceable State plan?

(a) You must include the components described in paragraphs (a)(1) through (4) of this section in your plan submittal. The final plan must meet the requirements of, and include the information required under, §60.5740a.

(1) Identification of designated facilities. Consistent with §60.25a(a), you must identify the designated facilities covered by your plan and all designated facilities in your State that meet the applicability criteria in §60.5775a. In addition, you must include an inventory of CO2 emissions from the designated facilities during the most recent calendar year for which data is available prior to the submission of the plan.

(2) Standards of performance. You must provide a standard of performance for each designated facility according to §60.5755a and compliance periods for each standard of performance according to §60.5750a. Each standard of performance must reflect the degree of emission limitation achievable through application of the heat rate improvements described in §60.5740a. In applying the heat rate improvements described in §60.5740a, a state may consider remaining useful life and other factors, as provided for in §60.24a(e).

(3) Identification of applicable monitoring, reporting, and recordkeeping requirements for each designated facility. You must include in your plan all applicable monitoring, reporting and recordkeeping requirements for each designated facility and the requirements must be consistent with or no less stringent than the requirements specified in §60.5785a.

(4) State reporting. Your plan must include a description of the process, contents, and schedule for State reporting to the EPA about plan implementation and progress, including information required under §60.5795a.

(b) You must follow the requirements of subpart Ba of this part and demonstrate that they were met in your State plan.

§60.5740a   What must I include in my plan submittal?

(a) In addition to the components of the plan listed in §60.5735a, a state plan submittal to the EPA must include the information in paragraphs (a)(1) through (8) of this section. This information must be submitted to the EPA as part of your plan submittal but will not be codified as part of the federally enforceable plan upon approval by EPA.

(1) You must include a summary of how you determined each standard of performance for each designated facility according to §60.5755a(a). You must include in the summary an evaluation of the applicability of each of the following heat rate improvements to each designated facility:

(i) Neural network/intelligent sootblowers;

(ii) Boiler feed pumps;

(iii) Air heater and duct leakage control;

(iv) Variable frequency drives;

(v) Blade path upgrades for steam turbines;

(vi) Redesign or replacement of economizer; and

(vii) Improved operating and maintenance practices.

(2)(i) As part of the summary under paragraph (a)(1) of this section regarding the applicability of each heat rate improvement to each designated facility, you must include an evaluation of the following degree of emission limitation achievable through application of the heat rate improvements:

Table 1 to Paragraph (a)(2)(i)—Most Impactful HRI Measures and Range of Their HRI Potential (%) by EGU Size

HRI Measure< 200 MW200-500 MW>500 MW
MinMaxMinMaxMinMax
Neural Network/Intelligent Sootblowers0.51.40.31.00.30.9
Boiler Feed Pumps0.20.50.20.50.20.5
Air Heater & Duct Leakage Control0.10.40.10.40.10.4
Variable Frequency Drives0.20.90.21.00.21.0
Blade Path Upgrade (Steam Turbine)0.92.71.02.91.02.9
Redesign/Replace Economizer0.50.90.51.00.51.0
Improved Operating and Maintenance (O&M) PracticesCan range from 0 to > 2.0% depending on the unit's historical O&M practices.

(ii) In applying a standard of performance, if you consider remaining useful life and other factors for a designated facility as provided in §60.24a(e), you must include a summary of the application of the relevant factors in deriving a standard of performance.

(3) You must include a demonstration that each designated facility's standard of performance is quantifiable, permanent, verifiable, and enforceable according to §60.5755a.

(4) Your plan demonstration must include the information listed in paragraphs (a)(4)(i) through (v) of this section as applicable.

(i) A summary of each designated facility's anticipated future operation characteristics, including:

(A) Annual generation;

(B) CO2 emissions;

(C) Fuel use, fuel prices, fuel carbon content;

(D) Fixed and variable operations and maintenance costs;

(E) Heat rates; and

(F) Electric generation capacity and capacity factors.

(ii) A timeline for implementation.

(iii) All wholesale electricity prices.

(iv) A time period of analysis, which must extend through at least 2035.

(v) A demonstration that each standard of performance included in your plan meets the requirements of §60.5755a.

(5) Your plan submittal must include certification that a hearing required under §60.23a(c)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 §60.23a(g).

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

(i) Materials demonstrating the State's legal authority to implement and enforce each component of its plan, including standards of performance, pursuant to the requirements of §§60.26a and 60.5740a(a)(6);

(ii) Materials supporting calculations for designated facility's standards of performance according to §60.5755a; and

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

(b) You must submit your final plan to the EPA according to §60.5800a.

§60.5745a   What are the timing requirements for submitting my plan?

You must submit a plan with the information required under §60.5740a by July 8, 2022.

§60.5750a   What schedules and compliance periods must I include in my plan?

The EPA is superseding the requirement at §60.22a(b)(5) for EPA to provide compliance timelines in the emission guidelines. Each standard of performance for designated facilities regulated under the plan must include a compliance period that ensures the standard of performance reflects the degree of emission limitation achievable though application of the heat rate improvements used to calculate the standard. The schedules and compliance periods included in a plan must follow the requirements of §60.24a.

§60.5755a   What standards of performance must I include in my plan?

(a) You must set a standard of performance for each designated facility within the state.

(1) The standard of performance must be an emission performance rate relating mass of CO2 emitted per unit of energy (e.g. pounds of CO2 emitted per MWh).

(2) In establishing any standard of performance, you must consider the applicability of each of the heat rate improvements and associated degree of emission limitation achievable included in §60.5740a(a)(1) and (2) to the designated facility. You must include a demonstration in your plan submission for how you considered each heat rate improvement and associated degree of emission limitation achievable in calculating each standard of performance.

(i) In applying a standard of performance to any designated facility, you may consider the source-specific factors included in §60.24a(e).

(ii) If you consider source-specific factors to apply a standard of performance, you must include a demonstration in your plan submission for how you considered such factors.

(b) Standards of performance for designated facilities included under your plan must be demonstrated to be quantifiable, verifiable, permanent, and enforceable with respect to each designated facility. The plan submittal must include the methods by which each standard of performance meets each of the requirements in paragraphs (c) through (f) of this section.

(c) A designated facility's standard of performance is quantifiable if it can be reliably measured in a manner that can be replicated.

(d) A designated facility's standard of performance is verifiable if adequate monitoring, recordkeeping and reporting requirements are in place to enable the State and the Administrator to independently evaluate, measure, and verify compliance with the standard of performance.

(e) A designated facility's standard of performance is permanent if the standard of performance must be met for each compliance period, unless it is replaced by another standard of performance in an approved plan revision.

(f) A designated facility's standard of performance is enforceable if:

(1) A technically accurate limitation or requirement and the time period for the limitation or requirement are specified;

(2) Compliance requirements are clearly defined;

(3) The designated facility responsible for compliance and liable for violations can be identified;

(4) Each compliance activity or measure is enforceable as a practical matter; and

(5) The Administrator, the State, and third parties maintain the ability to enforce against violations (including if a designated facility does not meet its standard of performance based on its emissions) and secure appropriate corrective actions, in the case of the Administrator pursuant to CAA sections 113(a) through (h), in the case of a State, pursuant to its plan, State law or CAA section 304, as applicable, and in the case of third parties, pursuant to CAA section 304.

§60.5760a   What is the procedure for revising my plan?

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 Ba of this part, including the requirements in §60.5740a. If one (or more) of the elements of the plan set in §60.5735a require revision, a request must be submitted to the Administrator indicating the proposed revisions to the plan.

§60.5765a   What must I do to meet my plan obligations?

To meet your plan obligations, you must demonstrate that your designated facilities are complying with their standards of performance as specified in §60.5755a.

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