Or. Admin. Code § 345-024-0590 - Standard for Non-Base Load Power Plants
To issue a site certificate for a non-base load power plant, the Council must find that the net carbon dioxide emissions rate of the proposed facility does not exceed 0.574 pounds of carbon dioxide per kilowatt-hour of net electric power output, with carbon dioxide emissions and net electric power output measured on a new and clean basis. For a base load gas plant designed with power augmentation technology as defined in OAR 345-001-0010, the Council shall apply this standard to the incremental carbon dioxide emissions from the designed operation of the power augmentation technology. The Council shall determine whether the carbon dioxide emissions standard is met as follows:
(1) The Council shall
determine the gross carbon dioxide emissions that are reasonably likely to
result from the operation of the proposed energy facility. The Council shall
base such determination on the proposed design of the energy facility, the
limitation on the hours of generation for each fuel type and the average
temperature, barometric pressure and relative humidity at the site during the
times of the year when the facility is intended to operate. For a base load gas
plant designed with power augmentation technology, the Council shall base its
determination of the incremental carbon dioxide emissions on the proposed
design of the facility, the proposed limitation on the hours of generation
using the power augmentation technology and the average temperature, barometric
pressure and relative humidity at the site during the times of the year when
the facility is intended to operate with power augmentation technology. The
Council shall adopt site certificate conditions to ensure that the predicted
carbon dioxide emissions are not exceeded on a new and clean basis; however,
the Council may modify the parameters of the new and clean basis to accommodate
average conditions at the times when the facility is intended to operate and
technical limitations, including operational considerations, of a non-base load
power plant or power augmentation technology or for other cause.
(2) For any remaining emissions reduction
necessary to meet the applicable standard, the applicant may elect to use any
of the means described in OAR
345-024-0600 or any combination
thereof. The Council shall determine the amount of carbon dioxide or other
greenhouse gas emissions reduction that is reasonably likely to result from the
applicant's offsets and whether the resulting net carbon dioxide emissions meet
the applicable carbon dioxide emissions standard. The amount of greenhouse gas
emissions means the pounds of carbon dioxide and the carbon dioxide equivalent
of other greenhouse gases. For methane, one pound of methane is equivalent to
25 pounds of carbon dioxide. For nitrous oxide, one pound of nitrous oxide is
equivalent to 298 pounds of carbon dioxide.
(3) If the applicant elects to comply with
the standard using the means described in OAR
345-024-0600(2),
the Council shall determine the amount of greenhouse gas emissions reduction
that is reasonably likely to result from each of the proposed offsets. In
making this determination, the Council shall not allow credit for offsets that
have already been allocated or awarded credit for greenhouse gas emissions
reduction in another regulatory setting. The fact that an applicant or other
parties involved with an offset may derive benefits from the offset other than
the reduction of greenhouse gas emissions is not, by itself, a basis for
withholding credit for an offset. The Council shall base its determination of
the amount of greenhouse gas emission reduction on the following criteria and
as provided in OAR 345-024-0680:
(a) The degree of certainty that the
predicted quantity of greenhouse gas emissions reduction will be achieved by
the offset.
(b) The ability of the
Council to determine the actual quantity of greenhouse gas emissions reduction
resulting from the offset, taking into consideration any proposed measurement,
monitoring and evaluation of mitigation measure performance.
(c) The extent to which the reduction of
greenhouse gas emissions would occur in the absence of the offsets.
(4) Before beginning construction,
the certificate holder shall notify the Department of Energy in writing of its
final selection of an equipment vendor and shall submit a written design
information report to the Department sufficient to verify the facility's
designed new and clean heat rate and its nominal electric generating capacity
at average annual site conditions for each fuel type. For a base load gas plant
designed with power augmentation technology, the certificate holder shall
include in the report information sufficient to verify the facility's designed
new and clean heat rate, tested under parameters the Council orders pursuant to
section (1), and the nominal electric generating capacity at average site
conditions during the intended use for each fuel type from the operation of the
proposed facility using the power augmentation technology. The certificate
holder shall include the proposed limit on the annual average number of hours
for each fuel used, if applicable. The certificate holder shall include the
proposed total number of hours of operation for all fuels, subject to the
limitation that the total annual average number of hours of operation per year
is not more than 6,600 hours. In the site certificate, the Council may specify
other information to be included in the report. The Department shall use the
information the certificate holder provides in the report as the basis for
calculating, according to the site certificate, the gross carbon dioxide
emissions from the facility and the amount of greenhouse gas emissions
reductions the certificate holder must provide under OAR
345-024-0600.
(5)
(a)
Every five years after commencing commercial operation, the certificate holder
shall report to the Council the facility's actual gross carbon dioxide
emissions. The certificate holder shall calculate actual gross carbon dioxide
emissions using the new and clean heat rate and the actual hours of operation
on each fuel during the five-year period or shall report to the Council the
actual measured or calculated carbon dioxide emissions as reported to either
the Oregon Department of Environmental Quality or the U.S. Environmental
Protection Agency pursuant to a mandatory carbon dioxide emissions reporting
requirement.
(b) The certificate
holder shall specify its election of method used to measure or calculate carbon
dioxide emissions in the notification report described at section (4) of this
rule. That election, once made, shall apply for each five year period unless
the site certificate is amended to allow a different election. If the
certificate holder calculates actual carbon dioxide emissions using the new and
clean heat rate and the actual hours of operation, the certificate holder shall
also report to the Council the facility's actual annual hours of operation by
fuel type. If the actual gross carbon dioxide emissions exceed the projected
gross carbon dioxide emissions for the five-year period calculated under
section (4), the certificate holder shall offset any excess emissions for that
period and shall offset estimated future excess carbon dioxide emissions using
the monetary path as described in OAR
345-024-0600(3) and
(4) or as approved by the
Council.
(6) For a base
load gas plant designed with power augmentation technology, every five years
after commencing commercial operation, the certificate holder shall report to
the Council the facility's actual hours of operation using the power
augmentations technology for each fuel type. If the actual gross carbon dioxide
emissions, calculated using the new and clean heat rate, tested under
parameters the Council orders pursuant to section (1), and the actual hours of
operation using the power augmentation technology on each fuel during the
five-year period exceed the projected gross carbon dioxide emissions for the
five-year period calculated under section (4), the certificate holder shall
offset any excess emissions for that period and shall offset estimated future
excess carbon dioxide emissions using the monetary path as described in OAR
345-024-0600(3) and
(4) or as approved by the Council.
Notes
Statutory/Other Authority: ORS 469.470, ORS 469.501 & ORS 469.503
Statutes/Other Implemented: ORS 469.501 & ORS 469.503
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