326 IAC 10-2-1 Applicability

Sec. 1. (a) The owner or operator of a unit, as defined in section 2 of this rule, that meets the applicability requirements in subsection (b) shall comply with the nitrogen oxide (NOx) monitoring, record keeping, and reporting requirements in sections 3 through 8 of this rule, unless the unit is subject to: (1) the CSAPR NOx Ozone Season Group 2 Trading Program established under 40 CFR 97, Subpart EEEEE; (2) an equivalent trading program established under regulations approved as a state implementation plan revision under 40 CFR 52.38(b)(9); (3) 326 IAC 10-3-1(a)(2); or (4) 326 IAC 10-3-1(a)(3). (b) This rule applies to the owner or operator of a unit that meets the following criteria: (1) For a cogeneration unit that has a maximum design heat input capacity of greater than two hundred fifty (250) million British thermal units (MMBtu) per hour, the following: (A) For a unit commencing operation before January 1, 1997, a unit that qualified as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1995 and 1996. (B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that qualified as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1997 and 1998. (C) For a unit commencing operation on or after January 1, 1999, a unit qualifying as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for each year beginning 1999. (2) For a unit that is not a cogeneration unit and that has a maximum design heat input capacity of greater than two hundred fifty (250) MMBtu per hour, the following: (A) For a unit commencing operation before January 1, 1997, a unit that did not serve a generator producing electricity for sale under a firm contract to the electric grid during 1995 or 1996. (B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that did not serve a generator producing electricity for sale under a firm contract to the electric grid during 1997 or 1998. (C) For a unit commencing operation on or after January 1, 1999, a unit that at: (i) no time serves a generator producing electricity for sale; or (ii) any time serves a generator producing electricity for sale, if the generator has a nameplate capacity of twenty-five (25) megawatt electrical (MWe) output or less and has the potential to use no more than fifty percent (50%) of the potential electrical output capacity of the unit. (3) For a cogeneration unit serving a generator with a nameplate capacity greater than twenty-five (25) MWe, the following: (A) For a unit commencing operation before January 1, 1997, a unit that failed to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1995 and 1996. (B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that failed to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1997 and 1998. (C) For a unit commencing operation on or after January 1, 1999, a unit failing to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for any year. (4) For a unit that is not a cogeneration unit serving a generator with a nameplate capacity greater than twenty-five (25) MWe, the following: (A) For a unit commencing operation before January 1, 1997, a unit that served a generator during 1995 or 1996 that produced electricity for sale under a firm contract to the electric grid. (B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that served a generator during 1997 or 1998 that produced electricity for sale under a firm contract to the electric grid. (C) For a unit commencing operation on or after January 1, 1999, a unit serving a generator at any time that produced electricity for sale. (5) For purposes of this rule, "electricity for sale under a firm contract to the electric grid" means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions. (c) Any provision of this rule that applies to the designated representative of a large affected unit also applies to the owners or operators of the unit.