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H. B. No. 506 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Thompson, Cera
Cosponsors:
Representatives Grossman, Hill, Stebelton, Blessing
A BILL
To enact section 3704.20 of the Revised Code to
require the Director of Environmental Protection
to adopt rules establishing standards of
performance for carbon dioxide emissions from
existing coal-fired and natural gas-fired electric
generating units and to specify factors on which
the standards must be based.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3704.20 of the Revised Code be
enacted to read as follows:
Sec. 3704.20. (A) The director of environmental protection,
in accordance with Chapter 119. of the Revised Code, shall adopt
rules establishing standards of performance for carbon dioxide
emissions from existing coal-fired electric generating units in
compliance with division (B) of this section and from existing
natural gas-fired electric generating units in compliance with
division (C) of this section.
(B) Except as provided in division (D) of this section,
standards of performance for existing coal-fired electric
generating units shall be based on all of the following:
(1) The best system of emission reduction that, taking into
account the cost of achieving that reduction and any non-air
quality health and environmental impact and energy requirements,
has been adequately demonstrated for coal-fired electric
generating units that are subject to the standards of performance;
(2) Reductions in emissions of carbon dioxide that can
reasonably be achieved through measures undertaken at each
coal-fired electric generating unit;
(3) Efficiency and other measures that can be undertaken at
each coal-fired electric generating unit to reduce carbon dioxide
emissions from the unit without changing from coal to other
lower-carbon fuels, co-firing other fuels with coal, or limiting
the economic utilization of the unit.
(C) Except as provided in division (D) of this section,
standards of performance for existing natural gas-fired electric
generating units shall be based on all of the following:
(1) The best system of emission reduction that, taking into
account the cost of achieving that reduction and any non-air
quality health and environmental impact and energy requirements,
has been adequately demonstrated for natural gas-fired electric
generating units that are subject to the standards of performance;
(2) Reductions in emissions of carbon dioxide that can
reasonably be achieved through measures undertaken at each natural
gas-fired electric generating unit;
(3) Efficiency and other measures that can be undertaken at
each natural gas-fired electric generating unit to reduce carbon
dioxide emissions from the unit without changing from natural gas
to other lower-carbon fuels or limiting the economic utilization
of the unit.
(D) In establishing a standard of performance for an existing
coal-fired or natural gas-fired electric generating unit, the
director shall consider whether to adopt less stringent standards
or longer compliance schedules than those established in
applicable federal regulations or guidelines based on all of the
following:
(1) Consumer impacts, including any disproportionate impacts
of energy price increases on lower income populations;
(2) Unreasonable costs of reducing emissions resulting from
plant age, location, or basic process design;
(3) Physical difficulties with or the impossibility of
implementing emission reduction measures;
(4) The absolute cost of applying the performance standard to
the unit;
(5) The expected remaining useful life of the unit;
(6) Impacts of closing the unit, including economic impacts
such as expected job losses, if the unit is unable to comply with
the performance standard;
(7) Impacts on the reliability of the state's electrical
grid;
(8) All actual reductions in carbon dioxide emissions
beginning January 1, 2005;
(9) Any other factors specific to the unit that make
application of a less stringent standard or longer compliance
schedule more reasonable.
(E) The director may implement, to the maximum extent
permissible, the standards of performance established in rules
adopted under this section through mechanisms that provide
flexibility in complying with the standards.
(F) Any plan establishing standards of performance for
existing coal-fired or natural gas-fired electric generating units
developed under this section shall be prepared in consultation
with the public utilities commission of Ohio created in Chapter
4901. of the Revised Code, the Ohio air quality development
authority created in Chapter 3706. of the Revised Code, and any
other relevant agency to ensure that the plan does not threaten
the affordability of electric power to all classes of electricity
consumers, takes full advantage of the federal Clean Air Act as
defined in section 3704.01 of the Revised Code to minimize impacts
to the cost and reliability of electricity, and minimizes the
impacts on current and future industrial, commercial, and
residential consumers.
(G) The director shall not propose or submit to the United
States environmental protection agency any plan establishing
standards of performance for existing coal-fired or natural
gas-fired electric generating units that is inconsistent with this
section.
Section 2. Any plan establishing standards of performance
for existing coal-fired or natural gas-fired electric generating
units developed under section 3704.20 of the Revised Code, as
enacted by this act, ceases to operate if the United States
Environmental Protection Agency fails to adopt regulations or
issue guidelines for reducing carbon dioxide emissions from
existing coal-fired or natural gas-fired electric generating units
under Section 111(d) of the federal Clean Air Act or if such
regulations or guidelines are withdrawn by the Agency or
invalidated by a court.
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