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To enact section 3704.20 of the Revised Code to | 1 |
require the Director of Environmental Protection | 2 |
to adopt rules establishing standards of | 3 |
performance for carbon dioxide emissions from | 4 |
existing coal-fired and natural gas-fired electric | 5 |
generating units and to specify factors on which | 6 |
the standards must be based. | 7 |
Section 1. That section 3704.20 of the Revised Code be | 8 |
enacted to read as follows: | 9 |
Sec. 3704.20. (A) The director of environmental protection, | 10 |
in accordance with Chapter 119. of the Revised Code, shall adopt | 11 |
rules establishing standards of performance for carbon dioxide | 12 |
emissions from existing coal-fired electric generating units in | 13 |
compliance with division (B) of this section and from existing | 14 |
natural gas-fired electric generating units in compliance with | 15 |
division (C) of this section. | 16 |
(B) Except as provided in division (D) of this section, | 17 |
standards of performance for existing coal-fired electric | 18 |
generating units shall be based on all of the following: | 19 |
(1) The best system of emission reduction that, taking into | 20 |
account the cost of achieving that reduction and any non-air | 21 |
quality health and environmental impact and energy requirements, | 22 |
has been adequately demonstrated for coal-fired electric | 23 |
generating units that are subject to the standards of performance; | 24 |
(2) Reductions in emissions of carbon dioxide that can | 25 |
reasonably be achieved through measures undertaken at each | 26 |
coal-fired electric generating unit; | 27 |
(3) Efficiency and other measures that can be undertaken at | 28 |
each coal-fired electric generating unit to reduce carbon dioxide | 29 |
emissions from the unit without changing from coal to other | 30 |
lower-carbon fuels, co-firing other fuels with coal, or limiting | 31 |
the economic utilization of the unit. | 32 |
(C) Except as provided in division (D) of this section, | 33 |
standards of performance for existing natural gas-fired electric | 34 |
generating units shall be based on all of the following: | 35 |
(1) The best system of emission reduction that, taking into | 36 |
account the cost of achieving that reduction and any non-air | 37 |
quality health and environmental impact and energy requirements, | 38 |
has been adequately demonstrated for natural gas-fired electric | 39 |
generating units that are subject to the standards of performance; | 40 |
(2) Reductions in emissions of carbon dioxide that can | 41 |
reasonably be achieved through measures undertaken at each natural | 42 |
gas-fired electric generating unit; | 43 |
(3) Efficiency and other measures that can be undertaken at | 44 |
each natural gas-fired electric generating unit to reduce carbon | 45 |
dioxide emissions from the unit without changing from natural gas | 46 |
to other lower-carbon fuels or limiting the economic utilization | 47 |
of the unit. | 48 |
(D) In establishing a standard of performance for an existing | 49 |
coal-fired or natural gas-fired electric generating unit, the | 50 |
director shall consider whether to adopt less stringent standards | 51 |
or longer compliance schedules than those established in | 52 |
applicable federal regulations or guidelines based on all of the | 53 |
following: | 54 |
(1) Consumer impacts, including any disproportionate impacts | 55 |
of energy price increases on lower income populations; | 56 |
(2) Unreasonable costs of reducing emissions resulting from | 57 |
plant age, location, or basic process design; | 58 |
(3) Physical difficulties with or the impossibility of | 59 |
implementing emission reduction measures; | 60 |
(4) The absolute cost of applying the performance standard to | 61 |
the unit; | 62 |
(5) The expected remaining useful life of the unit; | 63 |
(6) Impacts of closing the unit, including economic impacts | 64 |
such as expected job losses, if the unit is unable to comply with | 65 |
the performance standard; | 66 |
(7) Impacts on the reliability of the state's electrical | 67 |
grid; | 68 |
(8) All actual reductions in carbon dioxide emissions | 69 |
beginning January 1, 2005; | 70 |
(9) Any other factors specific to the unit that make | 71 |
application of a less stringent standard or longer compliance | 72 |
schedule more reasonable. | 73 |
(E) The director may implement, to the maximum extent | 74 |
permissible, the standards of performance established in rules | 75 |
adopted under this section through mechanisms that provide | 76 |
flexibility in complying with the standards. | 77 |
(F) Any plan establishing standards of performance for | 78 |
existing coal-fired or natural gas-fired electric generating units | 79 |
developed under this section shall be prepared in consultation | 80 |
with the public utilities commission of Ohio created in Chapter | 81 |
4901. of the Revised Code, the Ohio air quality development | 82 |
authority created in Chapter 3706. of the Revised Code, and any | 83 |
other relevant agency to ensure that the plan does not threaten | 84 |
the affordability of electric power to all classes of electricity | 85 |
consumers, takes full advantage of the federal Clean Air Act as | 86 |
defined in section 3704.01 of the Revised Code to minimize impacts | 87 |
to the cost and reliability of electricity, and minimizes the | 88 |
impacts on current and future industrial, commercial, and | 89 |
residential consumers. | 90 |
(G) The director shall not propose or submit to the United | 91 |
States environmental protection agency any plan establishing | 92 |
standards of performance for existing coal-fired or natural | 93 |
gas-fired electric generating units that is inconsistent with this | 94 |
section. | 95 |
Section 2. Any plan establishing standards of performance | 96 |
for existing coal-fired or natural gas-fired electric generating | 97 |
units developed under section 3704.20 of the Revised Code, as | 98 |
enacted by this act, ceases to operate if the United States | 99 |
Environmental Protection Agency fails to adopt regulations or | 100 |
issue guidelines for reducing carbon dioxide emissions from | 101 |
existing coal-fired or natural gas-fired electric generating units | 102 |
under Section 111(d) of the federal Clean Air Act or if such | 103 |
regulations or guidelines are withdrawn by the Agency or | 104 |
invalidated by a court. | 105 |