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To address the concerns of those who maintain that CCS technology is not
yet available, or who expect the technology to improve (bringing down costs)
as research and demonstration continue, the agency has proposed an
alternative under which coal-fired facilities would be allowed to average their
emissions over a 30-year period: during the first 10 years, such facilities could
emit up to 1,800 lbs CO 2 /MWh; the facility would then need to reduce
emissions to 600 lbs/MWwh for the following 20 years.
EPA also solicited comment on whether the emissions standard that
reflects CCS should be somewhat higher or lower than 1,000 lb CO 2 /MWh,
and whether the flexible (first 10 years) emissions standard that reflects
supercritical efficiency should be somewhat higher or lower than 1,800 lbs
CO 2 /MWh. 11
Exemptions from the Proposed Standard
NSPS are different from other Clean Air Act emission standards in that,
once a standard is final, its effective date is retroactive to the date when a
proposed standard was published in the Federal Register , rather than after the
date of the final standard's promulgation. Under a strict reading of this
requirement, a final standard would apply to any EGU on which construction
began after April 13, 2012.
EPA's 2012 proposal for GHG emissions from new power plants would
have exempted most facilities from this requirement, however. The agency
would exempt:
new units that had permits and started construction within 12 months
of the proposal (i.e., by April 13, 2013);
units looking to renew permits that are part of a Department of Energy
demonstration project, provided that these units started construction
within 12 months of the proposal;
new units located in non-continental areas, which include Hawaii and
the territories;
existing units, including modifications, such as changes needed to
meet other air pollution standards;
simple cycle natural gas units, which are generally designed to
produce peaking power;
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