Code of Federal Regulations Title 40. Protection of Environment § 40.73.19 Certain units with declining SO 2 rates

(1) It is an existing unit that is a utility unit;

(2) It serves a generator with nameplate capacity equal to or greater than 75 MWe;

(3) Its 1985 actual SO₂ emissions rate was equal to or greater than 1.2 lb/mmBtu;

(4) Its 1990 actual SO₂ emissions rate is at least 50 percent less than the lesser of its 1980 actual or allowable SO₂ emissions rate;

(5) Its actual SO₂ emission rate is less than 1.2 lb/mmBtu in any one calendar year from 1996 through 1999, as reported under part 75 of this chapter;

(6) It commenced commercial operation after January 1, 1970;

(7) It is part of a utility system whose combined commercial and industrial kilowatt-hour sales increased more than 20 percent between calendar years 1980 and 1990;  and

(8) It is part of a utility system whose company-wide fossil-fuel SO₂ emissions rate declined 40 percent or more from 1980 to 1988.