The applicant may elect to use any of the following means, or
any combination thereof, to comply with the carbon dioxide emissions standard
for base load gas plants. For a base load gas plant designed with power
augmentation technology, the applicant shall comply with the standard for a
non-base load power plant in the manner as described in OAR
345-024-0600 for the incremental
carbon dioxide emissions from the designed operation of the power augmentation
technology.
(1) Designing and
operating the facility to produce electrical and thermal energy sequentially
from the same fuel source and using the thermal energy to displace another
source of carbon dioxide emissions from fossil fuel that would have otherwise
continued to occur. The Council shall adopt site certificate conditions
ensuring that the carbon dioxide emissions reduction will be
achieved.
(2) Implementing offset
projects directly or through a third party, pursuant to OAR
345-024-0680. The Council may
adopt site certificate conditions ensuring that the proposed offset projects
are implemented by the date specified in the site certificate, but shall not
require that predicted levels of avoidance, displacement or sequestration of
greenhouse gas emissions be achieved.
(3) Providing offset funds, directly or
through a third party, in an amount deemed sufficient to produce the reduction
in greenhouse gas emissions necessary to meet the applicable carbon dioxide
emissions standard. The applicant or third party shall use the funds as
specified in OAR
345-024-0710. The Council shall
deem the payment of the monetary offset rate, pursuant to OAR
345-024-0580, to result in a
reduction of one ton of carbon dioxide emissions. The Council shall determine
the offset funds using the monetary offset rate and the level of emissions
reduction required to meet the applicable standard. If the Council issues a
site certificate based on this section, the Council may not adjust the amount
of the offset funds based on the actual performance of offsets.
(4) Any other means that the Council adopts
by rule for demonstrating compliance with the carbon dioxide emissions
standard.
(5) If the Council or a
court on judicial review concludes that the applicant has not demonstrated
compliance with the applicable carbon dioxide emissions standard under sections
(1), (2) or (4) of this rule, or any combination thereof, and the applicant
agrees to meet the requirements of section (3) for any deficiency, the Council
or a court shall find compliance based on such agreement.
Notes
Or. Admin. Code
§
345-024-0560
EFSC 2-1999, f. & cert.
ef. 4-14-99; EFSC 1-2000, f. & cert. ef. 2-2-00; EFSC 1-2000, f. &
cert. ef. 9-17-01; EFSC 1-2002, f. & cert. ef. 4-3-02; EFSC 1-2003, f.
& cert. ef. 9-3-03; EFSC 1-2012, f. & cert. ef.
5-15-12
Stat. Auth.: ORS
469.470 &
469.503
Stats. Implemented: ORS
469.503
