Q760. Is an electric generating unit (EGU) that has a new unit exemption from the Acid Rain Program (40 CFR 72.7) subject to Subpart D?  If not, is it subject to subpart C?

A760. An EGU with a new unit exemption under the Acid Rain Program (ARP) is not subject to subpart D because this subpart applies only to EGUs that are subject to the requirements of the ARP or that are otherwise required to report CO2 mass emissions year? round according to 40 CFR Part 75.  If an EGU qualifies for the new unit exemption under the ARP, then, per 40 CFR 72.6(b)(9), the EGU is not considered to be an affected unit under the ARP and is exempted from the emissions monitoring and reporting requirements of 40 CFR Part 75.  The GHG emissions from the unit must be reported under subpart C if (1) the facility at which the unit is located contains any source category that is listed in Table A-3, or (2) the facility at which the unit is located contains any source category that is listed in Table A-4 and the facility emits 25,000 metric tons CO2e per year or greater in combined emissions from stationary fuel combustion sources, miscellaneous uses of carbonates, and all applicable source categories that are listed in Table A-3 and Table A-4, or (3) the facility does not meet the requirements in (1) or (2) but the aggregate maximum rated heat input capacity of the stationary fuel combustion units at the facility is 30 mmBtu/hr or greater, and, the facility emits 25,000 metric tons CO2e per year or greater in combined stationary fuel combustion source emissions. The definition of “facility” is included at 40 CFR 98.6.