Statutes, codes, and regulations
Virginia Administrative Code
Title 9 - ENVIRONMENTAgency 5 - STATE AIR POLLUTION CONTROL BOARDChapter 140 - REGULATION FOR EMISSIONS TRADING PROGRAMSPart I - NO[x] Budget Program for Nonelectric Generating Units
Article 1 - NO[x] Budget Program General Provisions
Section 9VAC5-140-40 - Applicability

9 Va. Admin. Code § 5-140-40

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Current through Register Vol. 40, No. 22, June 17, 2024
Section 9VAC5-140-40 - Applicability

Except as provided in subdivision 3 of this section, the following units shall be NOx Budget units, and any source that includes one or more such units shall be a NOx Budget source, subject to the requirements of this part:

1.
a. For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.
b. For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.
c. For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale.
2. For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid.
3. For units covered by the Cross-State Air Pollution Rule (40 CFR Parts 52, 78, and 97), an exemption to this chapter shall apply.
4. For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid.
5. For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that at no time serves a generator producing electricity for sale.

9 Va. Admin. Code § 5-140-40

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Amended, Virginia Register Volume 34, Issue 05, eff. 11/29/2017.

Statutory Authority: §§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act ( 42 USC § 7401 et seq.); 40 CFR Part 51.