New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27F - CONTROL AND PROHIBITION OF CARBON DIOXIDE EMISSIONS
Subchapter 2 - CARBON DIOXIDE EMISSION REDUCTIONS FROM ELECTRIC GENERATING UNITS
Section 7:27F-2.5 - Emission limits

Universal Citation: NJ Admin Code 7:27F-2.5

Current through Register Vol. 56, No. 6, March 18, 2024

(a) An owner or operator of an electric generating unit subject to this subchapter shall ensure that the unit complies with the applicable CO2 emission limit established at (b) through (e) below. Unless otherwise specified, the emission limits apply as of January 31, 2023.

(b) A new electric generating unit with a nameplate capacity equal to or greater than 25 MWe shall meet an emission rate of 860 pounds of CO2 per MWh gross energy output.

(c) A new electric generating unit with a nameplate capacity less than 25 MWe that is located at an EGU facility shall meet a case-specific output-based emission limit for CO2 that shall:

1. Be based on air pollution control technology, pollution prevention methods, and process modifications or substitutions that will provide the greatest emission reductions that are technologically and economically feasible;

2. Not have greater than 50 percent of the heat input be derived from solid fossil fuel or oil, unless the CO2 emission rate meets the CO2 emission limit at (b) above; and

3. Include the CO2 emissions from the gasifier, if the emission source(s) are directly attached to a gasifier.

(d) An existing EGU with a nameplate capacity equal to or greater than 25 MWe shall meet the following emission limits by the specified compliance date:

1. On or before June 1, 2024, an emission rate of 1,700 pounds of CO2 per MWh gross energy output;

2. On or before June 1, 2027, an emission rate of 1,300 pounds of CO2 per MWh gross energy output; and

3. On or before June 1, 2035, an emission rate of 1,000 pounds of CO2 per MWh gross energy output.

(e) An owner or operator of an electric generating unit subject to this subchapter that applies for a modification of its permit after January 31, 2023, shall comply with (c) above, subject to the following conditions:

1. A new EGU with a nameplate capacity equal to or greater than 25 MWe must not exceed the emission limit required at (b) above; and

2. An existing EGU with a nameplate capacity equal to or greater than 25 MWe that is subject to (d) above must not exceed the emission limit required pursuant to the compliance schedule set forth at (d) above.

(f) The owner or operator of an electric generating unit required to comply with the limits at (d) above may request an extension of the compliance date at (d)1, 2, or 3 above for any of the following reasons:

1. The BPU issues an order determining that the unit is needed to maintain reliable grid operations;

2. The EGU is designated as an RMR unit or PJM or NYISO has requested, in writing, that the EGU remains operational to maintain reliable grid operations; or

3. The electric generating unit is subject to a power purchase agreement that is in its initial term and in effect as of January 31, 2023.

(g) An owner or operator of an existing electric generating unit who requests an extension pursuant to (f) above shall submit documentation to the Bureau of Stationary Sources verifying the basis for which the extension is requested. If the owner or operator provides such verification and, after consultation with the BPU, the Department confirms the EGU meets the applicable condition at (f) above, the Department will extend the compliance date for the EGU for the term of the order or designation, or as identified in the written request by PJM or NYISO, as described at (f)1 or 2 above, or the initial term of the power purchase agreement described at (f)3 above, as applicable.

(h) The Department will issue a general extension of the compliance date(s) at (d) above, if the BPU notifies the Department in writing that an extension is necessary to ensure reliability of the electric transmission or distribution system in the State. The Department will extend the applicable compliance date for the term specified in the BPU notice. The Department will publish notice of the general extension on its website within five business days of receipt of the BPU's notice.

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