D.C. Mun. Regs. r. 20-807

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-807 - FUEL CARBON INTENSITY STANDARDS FOR FACILITIES OPERATING WITHIN THE DISTRICT

807.1

Applicability. The requirements of this section shall apply to all fuel burning equipment subject to the requirements of 20 DCMR § 200.

807.2

Emissions limits. The following limitation shall apply to each individual fuel type or component fuel before it is blended or combined with any other fuel. The requirements of this part cannot be met by combining a fuel that exceeds the emission limits of this part with a fuel that does meet the threshold in order to lower the overall emission rate. In accordance with the deadlines specified in § 807.5, any new or existing fuel burning equipment is required to meet the following:

(a) An emission rate of 180 pounds of CO2 per million Btu of heat input, daily average basis, shall not be exceeded for each fossil fuel combusted; and

(b) Each component fuel shall meet the threshold set forth in paragraph (a) and may not be blended with another lower CO2 emitting fuel to achieve compliance with this part.

807.3

Deemed Compliance. Fuel oil meeting the requirements of § 801, biomass, digester gas, kerosene, propane, and natural gas are deemed compliant with this part without further compliance determination, reporting, or certification required.

807.4

Compliance Determination. The owner or operator of each emission source subject to this section, and using any fuel not deemed compliant pursuant to § 807. 3, shall determine compliance with the requirements of § 807.2 by the following method:

(a) Determine the gross calorific value (heat content) of the fuel as follows:

(1) For coal, sample and test in accordance with ASTM Method D5865 or other method approved in advance by the Department pursuant to § 502.3;

(2) For other fuels, sample and test in accordance with a test method approved in advance by the Department pursuant to § 502.3; and

(3) Perform such testing at least once per calendar year to represent the fuel used since the last test, except as specified in § 807.4(a)(4); or

(4) In lieu of the testing specified in § 807.4(a)(1-3), fuel specifications obtained from the fuel supplier, with an updated version obtained annually from said fuel supplier, and citing a test method approved by the Department, may be used; and

(b) Determine the CO2 mass emissions from the emission source by direct measurement or fuel analysis as follows:

(1) To determine CO2 emissions by direct measurement, install, maintain, and operate CEMS to monitor CO2 or O2 concentration in combination with a continuous parametric monitoring system (CPMS) for stack gas flow rate in accordance with the relevant provisions of 40 CFR part 75 and use the procedures in 40 CFR part 75 , Appendix F to determine CO2 mass emissions; or

(2) To determine CO2 emissions by fuel analysis, follow the procedures in 40 CFR part 75 , Appendix G;

(c) If fuel blending is used, only the fuel analysis method specified in § 807. 4(b)(2) shall be an acceptable method for determining CO2 mass emissions for use in determining compliance with this section in order to document compliance for each component fuel as required by § 807.2(b);

(d) Monitor and record the amount of fuel used each day; and

(e) Using the information obtained by the procedures in § 804.7(a) through (d), determine and record the pounds of CO2 per million Btu of heat input, daily average basis, for each fossil fuel combusted each day from each emission unit covered by this section.

807.5

Compliance Deadlines. The owner or operator of each emission source subject to this section shall comply with the requirements of this section in accordance with the following schedule:

(a) Except as specified in § 807.5(b), the owner or operator shall fully comply with the requirements of this section by March 31, 2023;

(b) The owner or operator may obtain an extension to no later than March 31, 2025 to the deadline in § 807.5(a) if a District-enforceable condition has been placed upon source operations limiting use of the otherwise non-compliant fuel type or component fuel to the following circumstances after March 31, 2023:

(1) For periods of tuning and testing on the otherwise non-compliant fuel type or component fuel, not to exceed a total of forty-eight (48) hours during any calendar year;

(2) During periods of involuntary natural gas supply interruptions, which does not include interruptions resulting from gas curtailment resulting from an interruptible gas supply contract;

(3) During periods of extreme cold weather where the facility affected by this rule would not be capable of providing a reasonable service to its supported facility or facilities through use of other fully compliant fuel types; and

(4) During any "Force Majeure" event which prevents the source from providing a reasonable level of service to its supported facility or facilities through use of other fully compliant fuel types, where "Force Majeure" is defined as any of the following:

(A) Act of God (such as, but not limited to, fires, explosions, earthquakes, hurricanes, tornados, tidal waves, and floods);

(B) War, hostilities (whether war is declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;

(C) Rebellion, revolution, insurrection, or military or usurped power, or civil war;

(D) Riot, strikes, or lock outs associated with fuel delivery; and

(E) Acts or threats of terrorism that impact or threaten to impact the source; and

(c) Whenever an extension is obtained under § 807.5(b), the Department shall establish sufficient record keeping and reporting conditions under a permit issued pursuant to § 200 to ensure that the Department is able to determine that any and all operations using the otherwise non-compliant fuel type or component fuel is only used in accordance with the circumstances specified in §§ 807.5(b)(1) through (4).

807.6

Reporting and Compliance Certification. The owner or operator of each emission source subject to this section, and using any fuel not deemed compliant pursuant to § 807.3, shall submit to the Department, within one calendar month following the end of each calendar quarter, a report of the daily average pounds of CO2 per million Btu of heat input emitted from the use of any such fuel during that calendar quarter. The owner or operator shall certify the truth, accuracy, and completeness of each report by the method specified in 20 DCMR § 301.4.

D.C. Mun. Regs. r. 20-807

Final Rulemaking published at 69 DCR 6044 (5/27/2022)