D.C. Mun. Regs. tit. 20, r. 20-1200

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 20-1200 - DEMAND RESPONSE GENERATING SOURCES

1200.1

An owner or operator of a demand response generating source shall obtain a permit from the Department pursuant to this section and § 200.1 of this title before any person shall cause, suffer, or allow the construction or modification of the demand response generating source.

1200.2

An owner or operator of a demand response generating source shall obtain a permit from the Department pursuant to this section and § 200.2 of this title before any person shall cause, suffer, or allow the operation of the demand response generating source.

1200.3

A demand response generating source:

(a) Shall not be classified or permitted as an emergency generator; and

(b) Must be classified and permitted as a non-emergency generator, and must meet all relevant requirements of this section.

1200.4

Except as specified in § 1200.5 and §1200.6 once a demand response generating source is approved for participation in a demand response program pursuant to this section, the level of emission control of the demand response generating source is not subject to re-evaluation under § 1200.7 through § 1200.9 at the time of permit renewal.

1200.5

A permit application or permit renewal application to construct, modify, or operate a demand response generating source may be denied if the Department determines that such a denial is necessary or appropriate to protect air quality pursuant to a finding that issuance of the permit would not be consistent with the requirements of § 201 of this title.

1200.6

A permit application or permit renewal application to construct, modify, or operate a demand response generating source may be denied if the Department determines that such a denial is necessary or appropriate to encourage energy efficiency or conservation-based demand response in the District.

1200.7

No person shall construct or operate any internal combustion engine as a demand response generating source unless the source implements, at a minimum, a level of emission control determined by the Department to meet the definition of Best Available Control Technology (BACT) in § 199 of this title for a new unit of the proposed type and size at the time of submission of the permit application submitted pursuant to § 1200.1 or § 1200.2, whichever is earlier.

1200.8

At no time shall BACT for a demand response generating sources be determined to be less stringent than the standards specified for the same size engine of the current model year at the time of application to the Department for a permit to operate as a demand response generating source as follows:

(a) For all compression-ignition engines, regardless of model year, the standards for compression-ignition engines found in 40 CFR §§ 1039.101, 1039.105, 1039.107, and 1039.115, as amended; and

(b) For all spark-ignition engines, regardless of model year, the standards for non-emergency spark-ignition engines found in 40 CFR §§ 60.4231, 60.4243, and 60.4244, as amended.

1200.9

In preparing an application for a permit under this section, the applicant shall propose a control system representing BACT based on a case-by-case evaluation of available control technologies, to be documented in the application, performed by completing the following steps:

(a) Identify and evaluate a list of air pollution technologies and pollution prevention methodologies that may be applied to the source including, but not limited to, technologies and methodologies used for similar sources, innovative control technologies, modification of the process or process equipment, other pollution prevention measures, and combinations of the above measures;

(b) Arrange the measures on the list in descending order of air pollution control effectiveness; and

(c) Choose and propose the top-rated measure on the list not eliminated from consideration as a result of one (1) of the following demonstrations:

(1) Where a demonstration is made that this measure is technically infeasible, based on physical, chemical, or engineering principles, and/or technical difficulties that would prevent the successful application of the measure;

(2) Where a demonstration is made that this measure has adverse environmental effects (for example effects on water or land, HAP emissions, or increased environmental hazards) when compared with its air contaminant emission reduction benefits, which would make use of this measure unreasonable;

(3) Where a demonstration is made that this measure should be eliminated from consideration based on its calculated economic impacts as follows:

(A) The demonstration shall use the techniques in the latest edition of EPA's Control Cost Manual, where the total and incremental costs of the top measure are greater than the total and incremental costs of the proposed measure(s) and that the extra costs, when compared with the air contaminant emission reduction benefits resulting from the top measure, would make use of the top measure unreasonable; and

(B) The costs of the measures evaluated shall be net costs and shall explicitly include in the calculation the economic benefits of operating the generator as a demand response generating source as compared to the alternative operation (or non-operation) that would be proposed if the unit were not granted a permit under this section; or

(4) Where a demonstration is made that this measure should be eliminated from consideration based on its energy impacts such as establishment that it relies on fuels that are not reliably available; or that the energy consumed by the top measure is greater than that consumed by the proposed measure(s), and that the extra energy used, when compared with the air contaminant emission reduction benefits resulting from the top measure, would make use of that measure unreasonable.

D.C. Mun. Regs. tit. 20, r. 20-1200

Final Rulemaking published at 67 DCR 7900 (6/26/2020)