Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-4 - Applicability4.1. 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.