Section 423.18 - Permit conditionsAll permits subject to this part shall include the following permit conditions:
(a) An electric generating unit shall qualify as a low utilization electric generating unit, permanently ceasing the combustion of coal by December 31, 2028, or permanently ceasing the combustion of coal by December 31, 2034, if such qualification would have been demonstrated absent the following qualifying event:(1) An emergency order issued by the Department of Energy under section 202(c) of the Federal Power Act;(2) A reliability must run agreement issued by a Public Utility Commission; or(3) Any other reliability-related order, energy emergency alert, or agreement issued by a competent electricity regulator (e.g., an independent system operator) which results in that electric generating unit operating in a way not contemplated when the certification was made; or(4) The operation of the electric generating unit was necessary for load balancing in an area subject to a declaration under 42 U.S.C. 5121 et seq., that there exists:(ii) A "Major Disaster"; and(iii) That load balancing was due to the event that caused the "Emergency" or "Major Disaster" in paragraphs (a)(4)(i) and (ii) of this section to be declared.(b) Any facility providing the required documentation pursuant to § 423.19(i) may avail itself of the protections of the permit condition in paragraph (a) of this section.(c) A facility discharging permeate or distillate from an FGD wastewater or combustion residual leachate treatment system and satisfying § 423.19(n) shall be deemed to meet the following requirements: (1) The FGD wastewater requirements of § 423.13(g)(4) for up to one year after the date determined pursuant to § 423.11(t) ; and(2) The combustion residual leachate requirements of § 423.13(l)(1) for up to one year after the date determined pursuant to § 423.11(t) .85 FR 64721, Oct. 13, 2020 85 FR 64721, 12/14/2020; 89 FR 40302, 7/8/2024