CHP
  &EPA COMBINED HEAT AND
        POWER PARTNERSHIP

                                                                                          Draft

   Output-Based  Environmental  Regulations
   An Effective  Policy to Support Clean  Energy Supply
^H ^BB
                            Output-based regulations (OBR) can
                            be an important tool for
                            promoting an array of innovative
                      energy technologies that can help achieve
                      national environmental and energy goals
                      by reducing fuel use. OBR encourages
                      energy efficiency and clean energy supply,
                      such as combined heat and power (CHP),
                      by relating emissions to the productive
                      output of the process, rather than the
                      amount of fuel burned.

                      How Do Output-Based
                      Emission Limits Encourage
                      Clean Energy?
                      Traditional "input-based" environmental
                      regulations for power generators and
boilers establish emission limits based on
heat input (e.g., pounds per million British
thermal units [Ib/MMBtu] heat input) or
exhaust concentration (parts per million)
in the exhaust stream. These input-based
limits do not account for the pollution
prevention benefits of increased efficiency
in the generation of heat or electricity.

Output-based emission limits, expressed
as emissions per unit of useful energy
output (e.g., pounds per megawatt-hour
[Ib/MWh]), on the other hand, promote
clean energy by accounting for the air
pollution effects of energy efficiency in
the compliance computation.
For example, a facility that installs an
energy-efficient technology has lower
                       What Are the Benefits of Using More Efficient
                       Combustion Technologies?

                       • Reduced Fossil Fuel Use. Encouraging energy efficiency and renewable energy
                         sources will reduce the demand for imported fossil fuels.

                       • Multipollutant Emission Reductions. The use of efficiency as a pollution control
                         measure results in multipollutant emission reductions. For example, a source that
                         chooses to comply with NOX limits by increasing fuel conversion efficiency will also
                         reduce emissions of all other pollutants as well.

                       • Multimedia Environmental Reductions. By encouraging reduced fuel use, an OBR
                         reduces air, water, and solid waste impacts that result from the production, processing,
                         transportation, and combustion of fossil fuels.

                       » Technology Innovation. Encouraging more efficient energy generation can advance
                         the use of innovative technologies, such as CHP.

                       • Compliance Flexibility. Allowing the use of energy efficiency as part of an emission
                         control strategy provides regulated sources with an additional compliance option. This
                         flexibility enables the plant operator to determine the most cost-effective way to reduce
                         emissions, while providing an incentive to use less fuel.

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emissions because it burns less fuel. However, input-
based emission limits do not count the reduced
emissions from improved energy efficiency toward
compliance. By not accounting for these emission
reductions, input-based emission limits can present a
missed opportunity for adopting energy-efficiency
improvements. Output-based emission limits, which
do account for the emission reduction benefits of
energy efficiency, make it more attractive for
regulated sources to install clean energy technologies
because these technologies provide greater
compliance flexibility and the opportunity for reduced
compliance costs.
Output-based emission limits are particularly
important for promoting the energy and
environmental benefits of CHP. CHP units produce
both electrical and thermal output. Output-based
limits can be designed to explicitly account for both
types of output in the compliance computation.
Traditional input-based limits, on the other hand, do
not account for the pollution prevention benefits of
CHP (see Figure 1).
Output-based emission limits do not favor any
particular technology, nor do they result in increased
emissions. They simply level the playing  field by
allowing energy efficiency and renewable energy to
compete on an equal footing economically with  any
other method of reducing emissions (e.g.,
combustion controls and add-on controls).
In What Ways Can Output-Based
Approaches Be Incorporated Into Air
Regulatory Approaches?
Output-based regulatory concepts can be applied to
a variety of air regulatory programs, including:
•  Conventional emission limits, such as emission
   limits in State Implementation Plans for
   Reasonably Available Control Technology.1
•  Emission limits for small distributed generation
   (DG) and CHP.  Most states that have recently
   promulgated  emission limits for DG are using OBR.
•  Allowance allocation in emission trading programs.
   Emission allowances are most commonly allocated
   based on  either heat input or energy output.
   Allocation based on heat input gives more
   allowances to less efficient units. Allocation based
   on energy output gives more allowances to more
   efficient units. An updating allocation system
   (where allowances are reallocated in the future)
   based on  output provides an ongoing incentive for
   improving energy efficiency.
«  Allowance allocation set-asides for energy
   efficiency and renewable energy. In addition to
   allocating allowances to regulated sources, a cap
   and  trade program can "set aside" a portion of its
   allowances for allocation to energy efficiency,
   renewable energy, and CHP projects that are not
   regulated under the cap and trade program. These
   unregulated units can sell the allowances to
   regulated units to generate additional revenue.
                                                        has used an output-based approach with recognition of CHP for the new
                                                    source performance standards (NSPS) for IMCy from utility boilers, NSPS for
                                                    mercury from coal-fired utility boilers, and National Emission Standards for
                                                    Hazardous Air Pollutants for combustion turbines.
Figure 1. CHP System Efficiency
Conven
Generj
Power f^\-
Station n
Fuel ^ P™

tional Combined Heat & Power:
Ition: 5 MW Natural Gas
Combustion Turbine
n [~| Losses
JU ~
" -PSpSi <^^i-
_. __ EFFICIENCY: 31% l-^-^-J V N*\_5_J
•Li^^r
EFFICIENCY: 80%
1£1> 	 k. I 	 1 	 Heat — k- IE1 -4— Heat 	
Boiler
Fuel
Boifc
\1
E


Combined
Heat And „.,„ ^^—-^
Pov^er - pue| — ^H
— CHP —
| Losses Losses
') (ID ' (25)
^] ...TOTAL EFFICIENCY...

ft^rij
Source: EPA 2004.

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Which States Have Established
Output-Based Environmental
Regulations?
Several states have been at the forefront of adopting
OBR in general and, in particular, developing rules
that account for the efficiency benefits of CHP.
Table 1 presents a summary of state OBR programs.
Features of several state OBR programs are
highlighted below.
Connecticut has promulgated an OBR for NOX,
particulate matter, CO, and C02 from small DG (< 15
MW capacity), including CHP. Connecticut's regulation
values the efficiency of CHP based on the emissions
that are avoided by not having separate  electric and
thermal generation. Connecticut also allocates
allowances based on energy output in their NOX
trading program. For more  information, visit
www.ct.gov/dep/lib/dep/air/regulations/mainregs/sec
42.pdf. '
Table 1.
State Output-Based Regulations


California
Connecitcut
Delaware
Indiana
Maine
Maryland
Massachusetts
New Jersey
Ohio
Texas
New
Hampshire
New York
Small DG Rule*
Allowance Allocation/trading
Small DG Rule*
Small DG Rule*
Allowance Allocation/set-asides
Small DG Rule
Allowance Allocation/set-asides
Allowance Allocation/trading*
Small DG Rule
Multipollutant Regulation
Allowance Allocation/set-asides
Allowance Allocation/trading
Allowance Allocation/set-asides
Allowance Allocation/set-asides
Conventional NOX Limits
Small DG Rule*
Multipollutant Regulation
Small DG Rule
Allowance Allocation/set-asides
^Includes recognition of CHP through inclusion
of thermal credit.


Indiana's NOX trading program includes a set-aside
of allowance allocations for energy efficiency and
renewable energy. Indiana allocates 1,103 tons of
NOX allowances each year for projects that reduce
the consumption of electricity, reduce the
consumption of energy other than electricity, or
generate electricity using renewable energy. Eligible
projects can involve combined cycle systems, CHP,
microturbines, or fuel cells. For  more information,
visit www.in.gov/idem/programs/air/sip.
The Massachusetts NOX cap and trade program
employs useful output, including the thermal output
of CHP, to allocate emission allowances to affected
sources (i.e., generators > 25 MW). This approach
provides a significant economic  incentive for CHP
within the emissions cap. Massachusetts also has a
multipollutant emission regulation (i.e, NOX, S02, Hg,
C02) for existing  power plants,  which uses an
output-based format for conventional emission limits.
For more information, visit
www.mass.gov/dep/air/laws/pbsareg.pdfor
www. mass, gov/dep/air/la ws/729final, doc.
In 2001, Texas promulgated a  standard permit with
output-based emission  limits for small electric
generators. The permit sets different NOX limits
(Ib/MWh) based on facility size,  location, and level of
utilization. The compliance calculation accounts for
the thermal output of CHP units by converting the
measured steam output (Btu) to an equivalent
electrical output (MWh). For more information, visit
www. tceq. state, tx. us/assets/public/permitting/air/
NewSourceReview/Combustion/segu_permitonly.pdf.

Elements of a Successful Policy
Based on the experiences of state environmental
agencies that have developed OBR, a number of best
practices have emerged for designing and
implementing effective OBR. These best practices
include:
• Conduct internal education to ensure  that state
  environmental regulators understand the  benefits,
  principles, and  mechanisms of OBR and CHP.
• Evaluate the state's overall air pollution
  regulatory program. Regulatory programs are
  routinely reviewed and revised, and occasionally
  new programs are mandated  by state or federal
  legislation. States can take advantage of those
  opportunities to evaluate their regulatory  programs
  to determine whether their regulations are

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  structured to encourage energy efficiency, pollution
  prevention, and renewable resources.
• Coordinate with other state agencies that
  can lend support. State energy offices, energy
  research and development offices, and economic
  development offices can be important supporters
  in promoting OBR, efficiency, and CHP. Their
  perspective on the importance of energy efficiency
  and pollution prevention can be very valuable
  when formulating OBR policies.
• Determine what types of DG and CHP
  technologies and applications might be
  affected and whether there are any specific
  technology issues that the regulation needs to
  address. Consult with the Public Service
  Commission, Independent System Operator, and
  owners or operations of DG and CHP units to
  inform regulatory determinations.
• Gather/review available output-based
  emission data for regulated sources.
  Alternatively, convert available data to output-
  based format. Obtain information from equipment
  providers on technologies and emissions profiles,
  and capitalize on experience and  work already
  conducted by other states.
• Evaluate alternative approaches to account
  for multiple outputs of CHP units.
• Train permit writers on implementation of the
  new rules, once adopted.

EPA Assistance Available
The EPA CHP Partnership is a voluntary program that
seeks to reduce  the environmental impact of power
generation by promoting the use of cost-effective
CHP. The Partnership assists state policy makers and
regulators to evaluate opportunities to encourage
CHP through the implementation of policies and
programs. See www.epa.gov/chp.
                Additional Resources
                EPA has developed Output-based Regulations:
                A Handbook for Air Regulators, which explains the
                benefits of output-based emission limits, how to
                develop OBR, and the experience of several states in
                implementing OBR. This handbook is intended as a
                resource for air regulators in evaluating opportunities
                to adopt OBR and writing regulations. The handbook
                is available at www.epa.gov/chp/state_resources.htm.
                EPA has created The Clean Energy-Environment
                Guide to Action. The Guide provides an overview of
                clean energy supply technology options and, in
                addition to OBR, presents a range of policies that
                states have adopted to encourage continued growth
                of clean energy technologies and energy efficiency.
                The Guide is available at www.epa.gov/cleanenergy/
                stateandlocal/guidetoaction.htm.
                Developing and Updating Output-Based NOX
                Allowance Allocations. This EPA guidance document
                was the result of a 1999 stakeholder process to
                develop approaches to output-based allocation of
                emission trading allowances, including allocation to
                CHP facilities. See
                www.epa.gov/airmarkets/progsregs/nox/docs/finalout
                putguidanc.pdf.
                Analysis of Output-Based Allocation of Emission
                Trading Allowances. This report for  the U.S.
                Combined Heat and Power Association provides
                background on emission trading programs  and the
                benefits of output-based allocation,  with a  particular
                focus on CHP. See http://uschpa.admgt.com/
                allocationfinal.pdf.
 For more information, contact:
         CHP
   &EPA COMBINED HEAT AND
         POWER PARTNERSHIP
           Felicia Ruiz
U.S. Environmental Protection Agency
Combined Heat and Power Partnership
       Phone: 202-343-9129
     e-mail: ruiz.felicia@epa.gov
Last updated March 5, 2008

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