CSR 45-44-3. Applicability

§45-44-3. Applicability. 3.1. This rule applies to the owner or operator of any EGU that is a designated facility that commenced construction on or before January 8, 2014. 3.2. A designated facility is a steam generating unit that meets the relevant applicability criteria specified in subdivisions 3.2.a through 3.2.c, except as provided in subsection 3.3: 3.2.a. Serves a generator connected to a utility power distribution system with a nameplate capacity greater than 25 MW-net (i.e., capable of selling greater than 25 MW of electricity); 3.2.b. Has a base load rating (i.e., design heat input capacity) greater than 250 MMBtu/hr heat input of fossil fuel (either alone or in combination with any other fuel); and 3.2.c. Is an electric utility steam generating unit that burns coal for more than 10.0 percent of the average annual heat input during the previous three (3) calendar years. 3.3. An EGU is excluded from being a designated facility if it meets any condition specified below: 3.3.a. Any EGU subject to 40 C.F.R. 60, subpart TTTT and 45CSR16 as a result of commencing construction after January 8, 2014 or commencing a modification or reconstruction after June 18, 2014; 3.3.b. Any steam generating unit subject to a federally enforceable permit limiting annual net-electric sales to one-third or less of its potential electric output, or 219,000 MWh or less; 3.3.c. Any stationary combustion turbine that meets the definition of a simple cycle stationary combustion turbine, a combined cycle stationary combustion turbine or a combined heat and power combustion turbine; 3.3.d. Any IGCC unit; 3.3.e. Any non-fossil fuel unit (i.e., a unit that is capable of combusting 50 percent or more non-fossil fuel) that has always limited the use of fossil fuels to 10 percent or less of the annual capacity factor or is subject to a federally enforceable permit limiting fossil fuel use to 10 percent or less of the annual capacity factor; 3.3.f. Any EGU that serves a generator along with other steam generating unit(s), IGCC(s), or stationary combustion turbine(s) where the effective generation capacity (determined based on a prorated output of the base load rating of each steam generating unit, IGCC, or stationary combustion turbine) is 25 MW or less; 3.3.g. Any EGU that is a municipal waste combustor unit subject to 40 C.F.R. part 60, subpart Eb and 45CSR18; 3.3.h. Any EGU that is a commercial or industrial solid waste incineration unit subject to 40 C.F.R. part 60, subpart CCCC and 45CSR18; or 3.3.i. Any steam generating unit that fires more than 50 percent non-fossil fuels.