Cal. Code Regs. Tit. 17, § 95160 - Definition of Source Category and Applicability

(a) U.S. EPA Clean Power Plan Rule. This subarticle incorporates the following specific provisions of the U.S. EPA Clean Power Plan Final Rule, Subpart UUUU-Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units; 40 Code of Federal Regulations (CFR) Part 60, Subpart UUUU: 40 CFR sections 60.5845, 60.5850, and 60.5880, published in the Federal Register on October 23, 2015.

(b) Each of the provisions of this subarticle become effective starting with 2021 data submitted in 2022, if U.S. EPA has approved, as memorialized by publication in the Federal Register and Code of Federal Regulations, that provision as part of California's plan for compliance with the Clean Power Plan.

(c) For the purposes of this article, the Clean Power Plan electricity generating unit source category consists of any affected EGU, which is a steam generating unit, integrated gasification combined cycle facility (IGCC), or stationary combustion turbine that commenced construction on or before January 8, 2014, and meets the relevant applicability conditions specified in Subpart UUUU of 40 CFR Part 60, § 60.5845 paragraphs (b)(1)-(b)(3). EGUs excluded from being affected EGUs are specified in 40 CFR Part 60, § 60.5850.

(d) Any affected EGU is also subject to all other applicable requirements of this article, including but not limited to sections 95101 through 95108 and section 95112, except as modified in this subarticle. All affected EGUs are subject to the full verification provisions of this article.

(e) Any affected EGU must comply with the emission estimation provisions of this subarticle, and must not use other emission calculation methods, such as those specified in section 95115.

(f) Any affected EGU must separately monitor and report emissions and other data for each affected EGU, except as provided under section 95162(a)(4) of this subarticle. The provisions allowing unit aggregation specified elsewhere in this article do not apply to affected EGUs.

(g) Affected EGUs remain subject to the provisions of this subarticle unless they undergo a complete and permanent shutdown, with a full cessation of all GHG-emitting processes and operations as specified in section 95101(h).

Notes

Cal. Code Regs. Tit. 17, § 95160

1. New subarticle 6 (sections 95160-95163) and section filed 9-1-2017; operative 1-1-2018 (Register 2017, No. 35).

Note: Authority cited: Sections 38510, 38530, 39600, 39601, 39602, 39607, 39607.4 and 41511, Health and Safety Code. Reference: Sections 38530, 39600 and 41511, Health and Safety Code.

1. New subarticle 6 (sections 95160-95163) and section filed 9-1-2017; operative 1/1/2018 (Register 2017, No. 35).