Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 103 - Merchant Electric Generating Facilities (MEGF) › Section 401 KAR 103:020 - Decommissioning standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-285,
				224.43-345,
				278.700 - 278.716
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.10-285(2) requires the
				Energy and Environment Cabinet to establish monitoring and enforcement
				requirements for the obligation established in
				KRS
				278.710(3) through (5) and (7) through
				(10) and
				224.10-100(30) and
				(31).
				KRS
				224.10-100(30) requires the
				Energy and Environment Cabinet to monitor and enforce compliance of a merchant
				electric generating entity to which a construction certificate has been issued
				and has generated pursuant to obligations established in
				KRS
				278.710(3) through (5) and (7) through
				(10). This administrative regulation
				establishes procedures pertaining to merchant electric generating facilities
				for decommissioning plan technical requirements, decommissioning plan updates,
				decommissioning cost estimate updates, and cases of abandonment.
Section 1. Technical Requirements of
			 Decommissioning Plan. The construction certificate holder or person who
			 controls or owns right to control any MEGF shall comply with decommissioning
			 requirements and mitigation measures established in
			 KRS
			 278.706 and
			 278.710.
(1) This plan shall be certified by an
			 independent professional engineer prior to submission to the cabinet.
(2) Unless otherwise stated in an
			 accommodation included a lease agreement with the affected landowner, the
			 decommissioning plan shall be designed to return the land to a substantially
			 similar state as it was prior to the commencement of construction.
(3) Decommissioning plans filed with the
			 cabinet shall meet the following technical requirements:
(a) Provide an estimated lifespan of the
			 MEGF, including an estimated period of useful life for system
			 components;
(b) Identify the party
			 responsible for decommissioning;
(c) Define conditions upon which
			 decommissioning will be implemented, including a statement defining how
			 notification will be made to the cabinet, affected landowners, and local county
			 or municipality in regard to implementation of the decommissioning process,
			 pursuant to 401 KAR 103:010, Section 1(1);
(d) The estimated timeframe for commencement
			 and completion of decommissioning activities;
(e) Include a revegetation plan, with native
			 seed mixes, excluding any invasive species;
(f) Cost itemization of all estimated costs
			 that factor into decommissioning the MEGF;
(g) Include the financial assurance
			 mechanisms, in accordance with
			 KRS
			 278.706 and 401 KAR 103:030;
(h) Describe any agreement with landowners
			 regarding decommissioning, including any special accommodations made to any
			 affected landowner, pursuant to
			 KRS
			 278.706(2)(m) 6;
(i) Removal of any MEGF owned equipment and
			 facilities, including:
1.
			 Structures;
2. Fencing;
3. Roads;
4. Foundations or pads;
5. Erosion, sediment, and water control
			 measures;
6. Modules or solar
			 panels;
7. Racks;
8. Cables or wires;
9. Conduit;
10. Inverters; and
11. Transformers;
(j) Remove any underground components and
			 foundations of above-ground facilities. Underground components and facilities
			 under this paragraph shall be removed to a depth of three (3) feet below the
			 surface grade of the land in or on which the component was installed, unless
			 otherwise requested by the landowner; and
(k) Incorporate the requirements of
			 paragraphs (a) through (j) of this subsection into the applicant's or
			 construction certificate holder's leases with landowners.