§423.18 Permit conditions.

[Editor’s Note: This section is revised effective July 8, 2024.] [New Text]

All 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 or permanently ceasing the combustion of coal by December 31, 2028, if such qualification would have been demonstrated absent the following qualifyingevent:

(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 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:

(i) An “Emergency,” or

(ii) A “Major Disaster,” and

(iii) That load balancing was due to the event that caused the “Emergency” or “Major Disaster” in paragraph (a)(4) of this section to be declared,

(b) Any facility providing the required documentation pursuant to §423.19(g) may avail itself of the protections of this permit condition.

[85 FR 64721, Oct. 13, 2020; 89 FR 40302, May 9, 2024]