326 IAC 10-2-1 - Applicability

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 1.

(a) The owner or operator of a unit, as defined in section 2 of this rule, that meets the applicability requirements in subsection (b) shall comply with the nitrogen oxide (NO_x) monitoring, record keeping, and reporting requirements in sections 3 through 8 of this rule, unless the unit is subject to:

(1) the CSAPR NO_x Ozone Season Group 2 Trading Program established under 40 CFR 97, Subpart EEEEE;

(2) an equivalent trading program established under regulations approved as a state implementation plan revision under 40 CFR 52.38(b)(9);

(3) 326 IAC 10-3-1(a)(2); or

(4) 326 IAC 10-3-1(a)(3).

(b) This rule applies to the owner or operator of a unit that meets the following criteria:

(1) For a cogeneration unit that has a maximum design heat input capacity of greater than two hundred fifty (250) million British thermal units (MMBtu) per hour, the following:

(A) For a unit commencing operation before January 1, 1997, a unit that qualified as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1995 and 1996.

(B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that qualified as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1997 and 1998.

(C) For a unit commencing operation on or after January 1, 1999, a unit qualifying as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for each year beginning 1999.

(2) For a unit that is not a cogeneration unit and that has a maximum design heat input capacity of greater than two hundred fifty (250) MMBtu per hour, the following:

(A) For a unit commencing operation before January 1, 1997, a unit that did not serve a generator producing electricity for sale under a firm contract to the electric grid during 1995 or 1996.

(B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that did not serve a generator producing electricity for sale under a firm contract to the electric grid during 1997 or 1998.

(C) For a unit commencing operation on or after January 1, 1999, a unit that at:

(i) no time serves a generator producing electricity for sale; or

(ii) any time serves a generator producing electricity for sale, if the generator has a nameplate capacity of twenty-five (25) megawatt electrical (MWe) output or less and has the potential to use no more than fifty percent (50%) of the potential electrical output capacity of the unit.

(3) For a cogeneration unit serving a generator with a nameplate capacity greater than twenty-five (25) MWe, the following:

(A) For a unit commencing operation before January 1, 1997, a unit that failed to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1995 and 1996.

(B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that failed to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for 1997 and 1998.

(C) For a unit commencing operation on or after January 1, 1999, a unit failing to qualify as an unaffected unit under the acid rain program, in 40 CFR 72.6(b)(4), for any year.

(4) For a unit that is not a cogeneration unit serving a generator with a nameplate capacity greater than twenty-five (25) MWe, the following:

(A) For a unit commencing operation before January 1, 1997, a unit that served a generator during 1995 or 1996 that produced electricity for sale under a firm contract to the electric grid.

(B) For a unit commencing operation on or after January 1, 1997, and before January 1, 1999, a unit that served a generator during 1997 or 1998 that produced electricity for sale under a firm contract to the electric grid.

(C) For a unit commencing operation on or after January 1, 1999, a unit serving a generator at any time that produced electricity for sale.

(5) For purposes of this rule, "electricity for sale under a firm contract to the electric grid" means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.

(c) Any provision of this rule that applies to the designated representative of a large affected unit also applies to the owners or operators of the unit.

Notes

326 IAC 10-2-1

Air Pollution Control Division; 326 IAC 10-2-1; filed Jul 27, 2018, 2:25 p.m.: 20180822-IR- 326150414FRA Readopted filed 10/18/2024, 2:09 p.m.: 20241113-IR-326230809RFA