CSR 45-44-4. Permit application requirements

§45-44-4. Permit application requirements. 4.1. The owner or operator of any affected steam generating unit that meets the applicability requirements set forth in section 3 shall limit CO2 emissions pursuant to a permit issued by the Secretary under this rule and the procedural requirements set forth in 45CSR13. 4.2. The owner or operator of any affected steam generating unit in existence on the effective date of this rule shall submit a complete permit application in accordance with the procedural requirements for a construction or modification permit set forth in 45CSR13 to the Secretary within 120 days of the effective date of this rule. The application shall contain sufficient information that, in the judgment of the Secretary, will enable the Secretary to determine the appropriate standard of performance and applicable monitoring, reporting and recordkeeping requirements for each affected steam generating unit. The permit application shall at a minimum include the information required by section 4 of this rule, as applicable. 4.3. The owner or operator of an affected steam generating unit shall provide a heat rate improvement analysis and the associated degree of emission limitation achievable for each affected steam generating unit as specified in subdivisions 4.3.a and 4.3.b. 4.3.a. The permit application must include an applicability evaluation for each of the following heat rate improvements technologies identified in paragraphs 4.3.a.1 through 4.3.a.7 to each affected steam generating unit: 4.3.a.1. Neural network and intelligent sootblowers; 4.3.a.2. Boiler feed pumps; 4.3.a.3. Air heater and duct leakage control; 4.3.a.4. Variable frequency drives; 4.3.a.5. Blade path upgrades for steam turbines; 4.3.a.6. Redesign or replacement of economizer; and 4.3.a.7. Improved operating and maintenance practices. 4.3.b. During the evaluation of each heat rate improvement to each affected steam generating unit, the owner or operator shall include an evaluation of the following degree of emission limitations achievable through the application of the heat rate improvements. Table 45CSR44. Most impactful HRI measures and range of their HRI potential (%) by EGU size. 4.4. The owner or operator shall propose and justify a standard of performance for each affected steam generating unit in the permit application that satisfies the following requirements: 4.4.a. The standard of performance shall: 4.4.a.1. Be an emission performance rate relating mass of CO2 emitted per unit of energy (e.g. pounds of CO2 emitted per MWh). 4.4.a.2. Include an averaging period. 4.4.b. The justification shall: 4.4.b.1. Include a summary of how the owner or operator determined each standard of performance for each designated facility; and 4.4.b.2. Include a description for how each heat rate improvement and associated degree of emission limitation achievable were considered in calculating the proposed standard of performance. 4.5. In applying a standard of performance to an affected steam generating unit, the owner or operator may take into consideration source-specific factors, such as the remaining useful life of such affected steam generating unit, provided the owner or operator demonstrates with respect to each such affected steam generating unit (or class of such affected steam generating units): 4.5.a. Unreasonable cost of control resulting from plant age, location, or basic process design; 4.5.b. Physical impossibility of installing necessary control equipment; or 4.5.c. Other unique factors specific to the affected steam generating unit (or class of steam generating unit) that make application of a less stringent standard or final compliance time significantly more reasonable. 4.5.d. In accordance with the standard of performance definition provided in subsection 2.37, the owner or operator may take into consideration non-air quality health and environmental impact and energy requirements. 4.6. If the owner or operator considered remaining useful life and other factors for a designated facility, the application shall include a summary of how those factors were used in deriving a proposed standard of performance and must include a summary in the application of relevant factors from subsection 4.3 in deriving a proposed standard of performance. 4.7. The owner or operator of an affected steam generating unit shall submit a compliance schedule with the permit application to the Secretary if the owner or operator requests a compliance date past July 8, 2024. 4.8. Standards of performance for affected steam generating units proposed in the application shall be demonstrated to be quantifiable, verifiable, permanent, and enforceable with respect to each affected steam generating unit. The application shall include the methods by which each standard of performance meets each of the following requirements: 4.8.a. The standard of performance is quantifiable if it can be reliably measured in a manner that can be replicated. 4.8.b. The 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. 4.8.c. The 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. 4.8.d. The standard of performance is enforceable if: 4.8.d.1. A technically accurate limitation or requirement and the time period for the limitation or requirement are specified; 4.8.d.2. Compliance requirements are clearly defined; 4.8.d.3. The designated facility responsible for compliance and liable for violations is identified; and 4.8.d.4. Each compliance activity or measure is enforceable as a practical matter. 4.9. The application shall include the information listed below, as applicable in establishing the standard of performance for each designated facility: 4.9.a. A summary of each designated facility’s anticipated future operation characteristics, including: 4.9.a.1. Annual generation; 4.9.a.2. CO2 emissions; 4.9.a.3. Fuel use, fuel prices, fuel carbon content; 4.9.a.4. Fixed and variable operations and maintenance costs; 4.9.a.5. Heat rates; and 4.9.a.6. Electric generation capacity and capacity factors. 4.9.b. A timeline for implementation. 4.9.c. All wholesale electricity prices. 4.9.d. A time period of analysis, which must extend through at least 2035. 4.10. The application shall include materials supporting calculations for the affected steam generating unit’s standards of performance and any other materials necessary to support evaluation of the plan by the Secretary. 4.11. Each proposed standard of performance must include a proposed 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. Any compliance schedule extending past July 8, 2024 must include legally enforceable increments of progress to achieve compliance for each affected steam generating unit or category of affected steam generating units. 4.12. The permit application shall propose and justify monitoring, recordkeeping, and reporting requirements that satisfy either of the following options: 4.12.a. Report emission and electricity generation data according to 40 C.F.R. Part 75; or 4.12.b. Include an alternative monitoring, recordkeeping, and reporting program that includes specifications for the following program elements: 4.12.b.1. Monitoring plans that specify the monitoring methods, systems, and formulas that will be used to measure CO2 emissions; 4.12.b.2. Monitoring methods to continuously and accurately measure all CO2 emissions, CO2 emission rates, and other data necessary to determine compliance or assure data quality; 4.12.b.3. Quality assurance test requirements to ensure monitoring systems provide reliable and accurate data for assessing and verifying compliance; 4.12.b.4. Recordkeeping requirements; 4.12.b.5. Electronic reporting procedures and systems; and 4.12.b.6. Data validation procedures for ensuring data are complete and calculated consistent with program rules, including procedures for determining substitute data in instances where required data would otherwise be incomplete. 4.13. The owner or operator of an affected steam generating unit shall keep records of all information relied upon in support of any aspect of the permit application for a minimum for five (5) years. Each record must be in a form suitable and readily available for expeditious review. 4.14. If an owner or operator requests a revision to an existing permit issued pursuant to 45CSR44, the owner or operator shall submit to the Secretary an application in accordance with the procedural requirements set forth in 45CSR13 that meets the application requirements of 45CSR44.