Acid Rain Program Applicability Determinations

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1994 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1994.

Burlington Generation (pdf) (12.39 KB, December 20, 1994)
Four combustion turbines that commenced commercial operation in 1970 but were later sold and moved to another site. 40 CFR 72.6(b)(1).
Doswell (pdf) (12.66 KB, December 20, 1994)
An independent power production facility with a total capacity of 802 MWe that commenced commercial operation in May 1992. 40 CFR 72.6(b)(6), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").
Morgantown Energy (pdf) (12.84 KB, 1994)
A qualifying facility that commenced commercial operation in April 1992. 40 CFR 72.6(b)(5), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").

1995 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1995.

Allamakee-Clayton (pdf) (12.58 KB, February 27, 1995)
A 65 kilowatt internal combustion engine that does not generate electricity for sale. 40 CFR 72.6(a), 40 CFR 72.2 (definitions of "unit" and "utility unit").
Brunot Island Station (pdf) (11.73 KB, April 12, 1995)
Three simple combustion turbines and one waste heat recovery turbine that commenced commercial operation in 1973 and 1974. 40 CFR 72.6(b)(1), 40 CFR 72.6(a)(3)(iii), 40 CFR 72.2 (definitions of "unit" and "simple combustion turbine").
Colver Power Project (pdf) (13.59 KB, April 26, 1995)
A qualifying facility with total planned net output capacity of 85.5 MWe. 40 CFR 72.6(b)(5), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").

1996 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1996.

Carson Ice-Gen v (pdf) (15.45 KB, August 6, 1996)
Two new gas turbines and a peaking turbine located at an independent power production facility that commenced commercial operation in May 1992. 40 CFR 72.6(b)(6), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").
Florence Facility (pdf) (14.21 KB, September 18, 1996)
Two new cogeneration units whose construction commenced in June 1991. 40 CFR 72.6(b)(4)(ii), 40 CFR 72.2 (definitions of "unit" and "cogeneration unit").
Kline Township Cogeneration Facility (pdf) (12.83 KB, March 13, 1996)
A 55 MWe unit located at a facility that is both an independent power producer and a qualifying facility. 40 CFR 72.6(b)(5) and (6), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").
Piñon Pine Power Project (pdf) (14.88 KB, August 13, 1996)
Four units (three of which are cogeneration units) whose construction commenced in February 1995. 40 CFR 72.6(b)(4)(ii), 40 CFR 72.2 (definitions of "unit" and "cogeneration unit").

1997 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1997.

Almond Power Plant (pdf) (12.73 KB, October 27, 1997)
A 49 MWe gas turbine engine that commenced commercial operation in April 1996. 40 CFR 72.6(b), 40 CFR 72.2 (definitions of "new unit" and "utility unit").
Grays Ferry (pdf) (18.63 KB, August 18, 1997)
Two cogeneration units whose construction commenced in August 1993. 40 CFR 72.6(b)(4)(ii), 40 CFR 72.6(b)(5) and (6), 40 CFR 72.2 (definitions of "unit," "cogeneration unit," "qualifying power purchase commitment," and "power purchase commitment").
South Boston Power Complex (pdf) (12.53 KB, October 27, 1997)
A simple combustion turbine that commenced commercial operation in 1979, but was later sold and moved to a different site. 40 CFR 72.6(b)(1).
Star Repowering Project (pdf) (25.08 KB, August 14, 1997)
An existing cogeneration unit constructed in the late 1950's and two new cogeneration units whose construction was projected to commence in mid-1997. 40 CFR 72.6(b)(4)(i), 40 CFR 72.6(b)(4)(ii), 40 CFR 72.6(a)(3)(iv), 40 CFR 72.2 (definitions of "unit" and "cogeneration unit").

1998 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1998.

Longview Fibre Company (pdf) (13.8 KB, October 9, 1998)
A 65 MWe combined-cycle, natural-gas fired combustion turbine that commenced commercial operation in 1974 but was later sold and moved to a different site. 40 CFR 72.6(b)(1).
Waters River (pdf) (13.87 KB, June 26, 1998)
A simple combustion turbine that commenced commercial operation in November 1990. 40 CFR 72.6(b)(1), 40 CFR 72.2 (definition of "commence commercial operation").

1999 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 1999.

Cleco Cogeneration Project (pdf) (18.68 KB, April 16, 1999)
A proposed cogeneration project in which a HRSG and a 38 MWe steam turbine are added to an existing tail gas incinerator. 40 CFR 72.2 (definitions of "unit" and "cogeneration unit") and 72.6(b)(4)(ii) (as applied to new cogeneration units).
Conoco (pdf) (18.66 KB, February 26, 1999)
A proposed cogeneration project in which a heat recovery steam generator and a 40 MW steam turbine would be added to existing petroleum coke rotary kilns. 40 CFR 72.2 (definitions of "unit" and "cogeneration unit") and 72.6(b)(4)(ii) (as applied to new cogeneration units).
KIAC Partners Cogeneration Project (pdf) (21.6 KB, February 11, 1999)
A qualifying facility with a total output capacity of 107 MWe. 40 CFR 72.6(b)(5), 40 CFR 72.2 (definitions of "qualifying power purchase commitment" and "power purchase commitment").
Lansing (pdf) (16.56 KB, April 16, 1999)
Three existing boilers serving three steam turbines on a common steam header. 40 CFR 72.2 (definitions of "existing units" and "utility units") and 72.6(a)(2) (as applied to existing utility units).
Mead Coated Board, Inc.: Review 1 (pdf) (25.12 KB, February 26, 1999)
A self generating facility that added a new 25 MW cogeneration unit which allowed Mead to sell some electricity produced by the new unit. 40 CFR 72.2 (definition of "cogeneration unit") and 72.6(b)(4)(ii) (as applied to new cogeneration units). See the April 1999 revision for an updated decision based on new information.
Mead Coated Board, Inc.: Revision (pdf) (19.59 KB, April 16, 1999)

2000 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2000.

Carthage and South Glens Falls (pdf) (15.32 KB, July 5, 2000)
Two facilities that are no longer covered by qualifying power purchase commitments. 40 CFR 72.6(b)(5) and 40 CFR 72.2 (definition of "qualifying power purchase commitment").

2001 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2001.

CH Resources (pdf) (27.66 KB, 2001)
Three cogeneration facilities that lost their power purchase agreements. 40 CFR 72.6(b)(4) (definition of a "cogeneration unit") and 40 CFR 72.6(b)(5) (definition of a "qualifying power purchase commitment").
Pepperell Power Plant (pdf) (20.62 KB, 2001)
A 77W cogenerating combustion turbine that lost its qualifying power purchase commitment 40 CFR 72.6(b)(4) (definition of a "cogeneration unit") and 40 CFR 72.6(b)(5) (definition of a "qualifying power purchase commitment").
New York Power Authority (pdf) (13.25 KB, October 6, 2001)
Eleven new simple combustion turbines with generator nameplate capacity of 47 MW each. 40 CFR 72.2 and 40 CFR 72.6(a)(3)(i) (definitions of "new unit" and "utility unit," as well as applicability regulations as applied to new affected utility units).

2002 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2002.

Goal Line (pdf) (23.32 KB, September 23, 2002)
A 51 MW qualifying cogeneration facility with a qualifying power purchase commitment. 40 CFR 72.6(b)(5), 40 CFR 72.2 (definition of "qualifying power purchase commitment").
Lowell Power Plant (pdf) (3.24 MB, October 14, 2002)
A 115 MW cogenerating combustion turbine that lost its qualifying power purchase commitment 40 CFR 72.6(b)(4) (definition of a "cogeneration unit") and 40 CFR 72.6(b)(5) (definition of a "qualifying power purchase commitment").
Onondaga (pdf) (20.51 KB, September 25, 2002)
Two new cogeneration units that are affected units. 40 CFR 72.6(a)(3)(i) and (iv), 72.6(b)(4)(ii), and 40 CFR 72.2 (definitions for "utility unit" and "cogeneration unit").
Redding (pdf) (21.6 KB, September 9, 2002)
Three simple combustion turbines that commenced commercial operation before November 15, 1990 that were relocated, refurbished and added to an existing facility. 40 CFR 72.2 (definitions of "existing unit" and "simple combustion turbine") and 72.6(b)(1).

2003 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2003.

Mecklenburg (pdf) (15.77 KB, November 25, 2003)
A qualifying cogeneration facility with 2 coal-fired boilers, each serving a 66 MW generator. 40 CFR 72.2 (definition of "qualifying facility") and 40 CFR 72.6(a)(3)(v) (as applied to qualifying facilities that lose their qualifying facility status).
Mobile Energy Services Company (pdf) (25.88 KB, August 8, 2003)
A cogeneration facility with units producing electricity for sale to meet on-site demand and also to the grid. 40 CFR 72.2 (definition of "cogeneration unit" and "power distribution system") and 40 CFR 72.6(b)(4) (Acid Rain applicability regulations as applied to cogeneration units).
Pittsfield (pdf) (13.17 KB, May 19, 2003)
Three combined cycle units that commenced commercial operation before November 15, 1990. 40 CFR 72.6(b)(1) and 40 CFR 72.2 (definition of "simple combustion turbine").
Rensselaer (pdf) (25.78 KB, May 26, 2003)
A cogeneration facility no longer covered by a qualifying power purchase commitment. 40 CFR 72.6(a)(3)(v), 40 CFR 72.6(b)(5), and 40 CFR 72.2 (definition of "qualifying power purchase commitment").

2004 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2004.

Trigen (pdf) (22.38 KB, May 13, 2004)
Five unaffected cogeneration units. (40 CFR 72.6(b)(4) (as applied to cogeneration units) and 40 CFR 72.2 (definitions of "cogeneration unit" and "utility unit").
Trigen: Attachment A (pdf) (10.6 KB)

2006 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2006.

Calpeak (pdf) (20.04 KB, April 6, 2006)
Ten identical simple combustion turbines, each of which are new and that serve a generator with nameplate capacity of 49.5 MWe. 40 CFR 72.2 (definitions of "new unit" and "utility unit") and 72.6(a)(3)(i) (as applied to new utility units).

2008 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2008.

Central Power and Lime, Inc. (pdf) (628.32 KB, July 15, 2008)
A qualifying facility covered by a qualifying power purchase commitment. 40 CFR 72.2 (definition of "qualifying power purchase commitment"), 40 CFR 72.6(b)(5).
Enid (pdf) (134.3 KB, December 19, 2008)
A proposed cogeneration project augmenting the operation of three petroleum coke calcining kilns owned by Oxbow Calcining LLC and located at the Enid facility in Oklahoma. See 40 CFR 72.6(b)(4)(ii) (applicability regulations covering cogeneration units that commenced construction after November 15, 1990) and 40 CFR 72.2 (definitions of "cogeneration unit", "fossil fuel", "fossil fuel-fired", and "unit").
Las Vegas Cogeneration (pdf) (3.73 MB, February 6, 2008)
A qualifying facility (40 CFR 72.(b)(4)(ii) and 72.6(b)(5)).

2009 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2009.

Central Power and Lime, Inc. II (pdf) (3.09 MB, October 23, 2009)
A qualifying facility covered by a qualifying power purchase commitment. See 40 CFR 72.2 (definition of "qualifying power purchase commitment") and 40 CFR 72.6(b)(5) (exemption requirements for facilities that are qualifying facilities with qualifying power purchase commitments).
Craven County (pdf) (3.14 MB, October 23, 2009)
A wood burning facility that commenced commercial operation in 1990. 40 CFR 72.2 (definitions of "fossil fuel", "fossil fuel-fired", "qualifying power purchase commitment", "unit") and 40 CFR 72.6(b)(5) (exemption requirements for qualifying facilities with qualifying power purchase commitments).
Hopwell Generation (pdf) (890.15 KB, July 6, 2009)
This determination concludes that the combustion turbines meet the requirements for the exemption of simple cycle combustion turbines under 40 CFR 72.6(b)(1).

2011 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2011.

Quindaro (pdf) (662.58 KB, December 30, 2011)
A cyclone boiler and a determination as to whether or not it is subject to an ARP NOx emissions limitation under 40 CFR part 76.

2021 Applicability Determinations

View EPA's formal responses to written requests for applicability determinations under 40 CFR 72.6 from 2021.

Westrock Coated Board, LLC (pdf) (286.87 KB, June 24, 2021)
This is a revised determination for the facility’s six boilers and furnaces and one combustion turbine. Based on newly provided information, all seven of the units qualify as cogeneration units (40 CFR 72.2 and 40 CFR 72.6(b)(4)). The initial determinations from 1999 can be found at Mead Coated Board, Inc.: Review 1 and Mead Coated Board, Inc.: Revision.

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