Cal. Code Regs. Tit. 20, § 2903 - Compliance with the Emission Performance Standard

(a) Except as provided in Subsection (b), a powerplant's compliance with the EPS shall be determined by dividing the powerplant's annual average carbon dioxide emissions in pounds by the powerplant's annual average net electricity production in MWh. This determination shall be based on capacity factors, heat rates, and corresponding emissions rates that reflect the expected operations of the powerplant and not on full load heat rates.

(b) The following types of powerplants are determined to be compliant with the EPS:

(1) Any in-state or out-of-state powerplant that meets the criteria of a renewable electricity generation facility as defined in Chapter 8.6 of Division 15 of the Public Resources Code and as specified by guidelines adopted thereunder, except for hybrid systems;

(2) Powerplants using only biomass fuels that would otherwise be disposed of utilizing open burning, forest accumulation, spreading, composting, uncontrolled landfill, or landfill utilizing gas collection with flare or engine. Biomass includes but is not limited to agricultural waste, wood waste, and landfill gas;

(3) Hydroelectric powerplants; or

(4) Nuclear powerplants.

Notes

Cal. Code Regs. Tit. 20, § 2903

1. New section filed 10-16-2007; operative 10-16-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 42).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 8341, Public Utilities Code. Reference: Sections 25741 and 25747, Public Resources Code; and Section 8341, Public Utilities Code.

1. New section filed 10-16-2007; operative 10-16-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 42).