CSR 45-40-4. Applicability

§45-40-4. Applicability. Except as provided in subsection 4.2, the following units in West Virginia shall be CAIR NOX Ozone Season units, and any source that includes one or more such units shall be a CAIR NOX Ozone Season source, subject to the requirements of sections 1 through 75: 4.1. Any stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale. If a stationary boiler or stationary combustion turbine that is not a CAIR NOX Ozone Season unit under this subsection begins to combust fossil fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become a CAIR NOX Ozone Season unit as provided in this subsection on the first date on which it both combusts fossil fuel and serves such generator. 4.2. With limited exception, the following units in West Virginia shall not be CAIR NOX Ozone Season units: 4.2.a. Any unit that is a CAIR NOX Ozone Season unit under subsection 4.1 qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit, and not serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit’s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of this subdivision for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR NOX Ozone Season unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets all of the requirements of this subdivision. 4.2.b. Any unit that is a CAIR NOX Ozone Season unit under subsection 4.1 commencing operation before January 1, 1985 and qualifying as a solid waste incineration unit with an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis), or any unit that is a CAIR NOX Ozone Season unit under subsection 4.1 commencing operation on or after January 1, 1985 and qualifying as a solid waste incineration unit with an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). If a unit qualifies as a solid waste incineration unit and meets the requirements of this subdivision for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR NOX Ozone Season unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average annual fuel consumption of fossil fuel of 20 percent or more. 4.3. Except for units that are CAIR NOX Ozone Season units under subsection 4.1: 4.3.a. For units that commenced operation before January 1, 1997, a unit which served during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid; 4.3.b. For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit which served during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid; and 4.3.c. For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale. 4.4. Except for units that are CAIR NOX Ozone Season units under subsection 4.1: 4.4.a. For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid; 4.4.b. For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid; 4.4.c. For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that: 4.4.c.1. At no time serves a generator producing electricity for sale; or 4.4.c.2. At any time serves a generator with a nameplate capacity of 25 MWe or less producing electricity for sale, and with the potential to use no more than 50 percent of the potential electrical output capacity of the unit; 4.4.d. For units commencing operation before January 1, 1997, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under the Acid Rain Program pursuant to 40 CFR §72.6(b)(4) for 1995 and 1996; 4.4.e. For units commencing operation in 1997 or 1998, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under the Acid Rain Program pursuant to 40 CFR §72.6(b)(4) for 1997 and 1998; and 4.4.f. For units commencing operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under the Acid Rain Program pursuant to 40 CFR §72.6(b)(4). 4.5. PPG Natrium Plant. -- PPG Industries, Inc. Natrium Plant Unit 002, located in New Martinsville, Marshall County, a unit with a design heat input of 243 mmBtu/hr, unless the unit becomes at any time a CAIR NOX Ozone Season unit under subsection 4.1, 4.3, or 4.4.