West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-4 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Except as
				provided in subsection 4.2, the following units in West Virginia shall be CAIR
				SO2 units, and any source that includes one or more such
				units shall be a CAIR SO2 source, subject to the
				requirements of sections 1 through 75: 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
				SO2 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 SO2 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
				SO2 units:
4.2.a. Any
				unit that is a CAIR SO2 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 SO2 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
				SO2 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 SO2
				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 SO2 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.