Current through Register Vol. 48, No. 38, September 20, 2024
Commence commercial operation means, for the purposes of
Subparts C, D and E, with regard to a unit:
a) To have begun to produce steam, gas, or
other heated medium used to generate electricity for sale or use, including
test generation, except as provided in
40 CFR
96.105,
96.205, or
96.305, as
incorporated by reference in Section
225.140.
1) For a unit that is a CAIR
SO2 unit, CAIR NOx unit, or a
CAIR NOx Ozone Season unit pursuant to Sections
225.305,
225.405, and
225.505,
respectively, on the date the unit commences commercial operation on the later
of November 15, 1990 or the date the unit commences commercial operation as
defined in subsection (a) of this Section and that subsequently undergoes a
physical change (other than replacement of the unit by a unit at the same
source), such date will remain the unit's date of commencement of commercial
operation, which will continue to be treated as the same unit.
2) For a unit that is a CAIR
SO2 unit, CAIR NOx unit, or a
CAIR NOx Ozone Season unit pursuant to Sections 225.305,
225.405, and 225.505, respectively, on the later of November 15, 1990 or the
date the unit commences commercial operation as defined in subsection (a) of
this Section and that is subsequently replaced by a unit at the same source
(e.g., repowered), such date will remain the replaced unit's date of
commencement of commercial operation, and the replacement unit will be treated
as a separate unit with a separate date for commencement of commercial
operation as defined in subsection (a) or (b) of this Section as
appropriate.
b)
Notwithstanding subsection (a) of this Section and except as provided in
40 CFR
96.105,
96.205, or
96.305 for
a unit that is not a CAIR SO2 unit, CAIR
NOx unit, or a CAIR NOx Ozone
Season unit pursuant to Section 225.305, 225.405, or 225.505, respectively, on
the later of November 15, 1990 or the date the unit commences commercial
operation as defined in subsection (a) of this Section, the unit's date for
commencement of commercial operation will be the date on which the unit becomes
a CAIR SO2 unit, CAIR NOx unit,
or CAIR NOx Ozone Season unit pursuant to Section
225.305, 225.405, or 225.505, respectively.
1) For a unit with a date for commencement of
commercial operation as defined in subsection (b) of this Section and that
subsequently undergoes a physical change (other than replacement of the unit by
a unit at the same source), such date will remain the unit's date of
commencement of commercial operation, which shall continue to be treated as the
same unit.
2) For a unit with a
date for commencement of commercial operation as defined in subsection (b) of
this Section and that is subsequently replaced by a unit at the same source
(e.g., repowered), such date will remain the replaced unit's date of
commencement of commercial operation, and the replacement unit will be treated
as a separate unit with a separate date for commencement of commercial
operation as defined in subsection (a) or (b) of this Section as
appropriate.
