Or. Admin. Code § 345-024-0620 - Standard for Nongenerating Energy Facilities
To issue a site certificate for a nongenerating energy facility that emits carbon dioxide, the Council must find that the net carbon dioxide emissions rate of the proposed facility does not exceed 0.428 pounds of carbon dioxide per horsepower hour. 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. In determining
gross carbon dioxide emissions for a nongenerating facility, the Council shall
calculate carbon dioxide emissions for a 30-year period unless the applicant
requests, and the Council adopts in the site certificate, a different period.
The Council shall determine gross carbon dioxide emissions based on its
findings of the reasonably likely operation of the energy facility. The Council
shall use a rate of 117 pounds of carbon dioxide per million Btu of natural gas
fuel (higher heating value) and a rate of 161 pounds of carbon dioxide per
million Btu of distillate fuel (higher heating value), if the applicant
proposes to use such fuel. If the applicant proposes to use any other fossil
fuel, the Council shall adopt by rule an appropriate carbon dioxide content
rate for the fuel.
(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
345-024-0630 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
345-024-0630(1),
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 manufacturer and shall submit a written design
information report to the Department sufficient to verify the facility's
designed rate of fuel use and its nominal capacity for each fuel type. 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 amount of greenhouse gas emissions reductions the certificate
holder must provide under OAR
345-024-0630.
(5) In the site certificate, the Council
shall specify the schedule by which the certificate holder shall provide
offsets. In the schedule, the Council shall specify the amount and timing of
offsets the certificate holder must provide to an offset credit account. In
determining the amount and timing of offsets, the Council may consider the
estimate of total offsets that may be required for the facility and the minimum
amount of offsets needed for effective offset projects. The Department shall
maintain the record of the offset credit account.
Notes
Statutory/Other Authority: ORS 469.470 & ORS 469.501
Statutes/Other Implemented: ORS 469.501
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