West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides › Section 45-39-4 - 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
				NOX Annual units, and any source that includes one or
				more such units shall be a CAIR NOX Annual 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
				NOX Annual 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 Annual 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 Annual units:
4.2.a. Any unit that is a CAIR
				NOX Annual 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
				Annual 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 Annual 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
				Annual 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 Annual 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.