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Am. H. B. No. 506 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Thompson, Cera
Cosponsors:
Representatives Grossman, Hill, Stebelton, Blessing, Hagan, C., Burkley, Barborak, Hall
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) If the United States environmental
protection agency adopts regulations or issues 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, 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 to the maximum extent
permissible under the United States environmental protection
agency regulations or guidelines.
(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 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 consider the provisions of this
section, to the extent practicable, in the development of a plan
to be submitted to the United States environmental protection
agency under section 111(d) of the federal Clean Air Act.
(H) Any plan establishing standards of performance for
existing coal-fired or natural gas-fired electric generating units
developed under this section ceases to operate if applicable
regulations adopted or guidelines issued by the United States
environmental protection agency under section 111(d) of the
federal Clean Air Act are withdrawn by the agency or invalidated
by a court.
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