Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 24 - SPECIFIC STANDARDS FOR SITING FACILITIES › Section 345-024-0620 - Standard for Nongenerating Energy Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a nongenerating energy facility
				that emits carbon dioxide, the Council must find that the net carbon dioxide
				emissions rate of the proposed facility does not exceed 0.428 pounds of carbon
				dioxide per horsepower hour. The Council shall determine whether the carbon
				dioxide emissions standard is met as follows:
(1) The Council shall determine the gross
			 carbon dioxide emissions that are reasonably likely to result from the
			 operation of the proposed energy facility. The Council shall base such
			 determination on the proposed design of the energy facility. In determining
			 gross carbon dioxide emissions for a nongenerating facility, the Council shall
			 calculate carbon dioxide emissions for a 30-year period unless the applicant
			 requests, and the Council adopts in the site certificate, a different period.
			 The Council shall determine gross carbon dioxide emissions based on its
			 findings of the reasonably likely operation of the energy facility. The Council
			 shall use a rate of 117 pounds of carbon dioxide per million Btu of natural gas
			 fuel (higher heating value) and a rate of 161 pounds of carbon dioxide per
			 million Btu of distillate fuel (higher heating value), if the applicant
			 proposes to use such fuel. If the applicant proposes to use any other fossil
			 fuel, the Council shall adopt by rule an appropriate carbon dioxide content
			 rate for the fuel.
(2) For any
			 remaining emissions reduction necessary to meet the applicable standard, the
			 applicant may elect to use any of the means described in OAR 345-024-0630  or
			 any combination thereof. The Council shall determine the amount of carbon
			 dioxide or other greenhouse gas emissions reduction that is reasonably likely
			 to result from the applicant's offsets and whether the resulting net carbon
			 dioxide emissions meet the applicable carbon dioxide emissions standard. The
			 amount of greenhouse gas emissions means the pounds of carbon dioxide and the
			 carbon dioxide equivalent of other greenhouse gases. For methane, one pound of
			 methane is equivalent to 25 pounds of carbon dioxide. For nitrous oxide, one
			 pound of nitrous oxide is equivalent to 298 pounds of carbon dioxide.
(3) If the applicant elects to comply with
			 the standard using the means described in OAR 345-024-0630(1), the Council
			 shall determine the amount of greenhouse gas emissions reduction that is
			 reasonably likely to result from each of the proposed offsets. In making this
			 determination, the Council shall not allow credit for offsets that have already
			 been allocated or awarded credit for greenhouse gas emissions reduction in
			 another regulatory setting. The fact that an applicant or other parties
			 involved with an offset may derive benefits from the offset other than the
			 reduction of greenhouse gas emissions is not, by itself, a basis for
			 withholding credit for an offset. The Council shall base its determination of
			 the amount of greenhouse gas emission reduction on the following criteria and
			 as provided in OAR 345-024-0680:
(a) The
			 degree of certainty that the predicted quantity of greenhouse gas emissions
			 reduction will be achieved by the offset.
(b) The ability of the Council to determine
			 the actual quantity of greenhouse gas emissions reduction resulting from the
			 offset, taking into consideration any proposed measurement, monitoring and
			 evaluation of mitigation measure performance.
(c) The extent to which the reduction of
			 greenhouse gas emissions would occur in the absence of the offsets.