R 336.1803 Definitions for the oxides of nitrogen (NOx) budget program.

Rule 803. As used in R 336.1802 to R 336. 1818: (a) “Administrator” means, for purposes of complying with reporting requirements in this part, both of the following: (i) The USEPA for sources using 40 CFR part 75 monitoring requirements to comply. (ii) The department for sources using 40 CFR part 60 or alternative monitoring requirements to comply. (b) “Benchmark apportionment” means a point of reference against which the ozone control period NOx emissions from a NOx budget source will be compared if the state exceeds its ozone season budget of 2,209 tons. (c) “Commence operation” means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. Except as provided in R 336.1802(4) for a unit that is a NOx budget unit under R 336.1802(1) on the date of commencement of operation, the date remains the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in R 336.180(4), for a unit that is not a NOx budget unit under R 336.1802(1) on the date of commencement of operation, the date the unit becomes a NOx budget unit under R 336.1802(1) is the unit's date of commencement of operation. (d) “Continuous Emission Monitoring System” means the equipment used to sample, analyze, measure, and provide, by means of readings taken at least once every 15 minutes, using an automated data acquisition and handling system, DAHS, a permanent record of NOx emission rate, stack gas volumetric flow rate or stack gas moisture content, as applicable, in a manner consistent with 40 CFR part 75 or 40 CFR part 60, appendices B and F, as applicable. (e) “Department” means the department of environment, Great Lakes, and energy. (f) “Emissions” means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NOx authorized account representative as defined in 40 CFR part 97 or responsible official. (g) “Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from natural gas, petroleum, or coal. (h) “Generator” means a device that produces electricity. (i) “Heat input” means, with regard to a specified period of time, the product, in million Btu/time, of the gross calorific value of the fuel, in Btu/pound, divided by 1,000,000 Btu/million Btu and multiplied by the fuel feed rate into a combustion device, in pounds of fuel/time, as measured, recorded, and reported to the administrator by the NOx authorized account representative as defined in 40 CFR part 97 or responsible official. Heat input does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources. (j) “Life-of-the-unit, firm power contractual arrangement” means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit, and pays its proportional amount of such unit’s total costs, pursuant to a contract for the duration of 1 of the following: (i) The life of the unit. (ii) A cumulative term of no less than 30 years, including contracts that allow an election for early termination. (iii) A period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. (k) “Maximum design heat input” means the ability of a unit to combust a stated maximum amount of fuel per hour, in million Btu/hour, on a steady state basis, as determined by the physical design and physical characteristics of the unit. (l) “Maximum potential hourly heat input” means an hourly heat input, in million Btu/hour, used for reporting purposes when a unit lacks certified monitors to report heat input for any unit that uses 40 CFR part 75 to comply with this part. If the unit intends to use 40 CFR part 75, appendix D, to report heat input, this value should be calculated, in accordance with 40 CFR part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR part 75, using the maximum potential flowrate and either the maximum carbon dioxide concentration, in CO2, or the minimum oxygen concentration, in percent O2. (m) “Maximum rated hourly heat input” means a unit-specific maximum hourly heat input, in million Btu/hour, which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input. (n) "Michigan fine grid zone" means the geographical area that includes all of the following counties: (i) Allegan. (ii) Barry. (iii) Bay. (iv) Berrien. (v) Branch. (vi) Calhoun. (vii) Cass. (viii) Clinton. (ix) Eaton. (x) Genesee. (xi) Gratiot. (xii) Hillsdale. (xiii) Ingham. (xiv) Ionia. (xv) Isabella. (xvi) Jackson. (xvii) Kalamazoo. (xviii) Kent. (xix) Lapeer. (xx) Lenawee. (xxi) Livingston. (xxii) Macomb. (xxiii) Mecosta. (xxiv) Midland. (xxv) Monroe. (xxvi) Montcalm. (xxvii) Muskegon. (xxviii) Newaygo. (xxix) Oakland. (xxx) Oceana. (xxxi) Ottawa. (xxxii) Saginaw. (xxxiii) Saint Clair. (xxxiv) Saint Joseph. (xxxv) Sanilac. (xxxvi) Shiawassee. (xxxvii) Tuscola. (xxxviii) Van Buren. (xxxix) Washtenaw. (xl) Wayne. (o) “Monitoring system” means any monitoring system, including an excepted monitoring system that meets the requirements of 40 CFR part 75, a continuous emissions monitoring system, an approvable monitoring system that meets the requirements of 40 CFR part 60, or an alternative monitoring system that has been approved by the department. (p) “Nameplate capacity” means the maximum electrical generating output, in Mwe, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards. (q) “NOx budget source” means any source that has 1 or more NOx budget units. (r) "NOx budget unit" means the following: (i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input of more than 250,000,000 Btu’s per hour and that did not serve during 1995 or 1996 a generator producing electricity for sale. (ii) For units that commenced operation after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1997 or 1998 a generator producing electricity for sale. (iii) For units that commence operation after January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and to which either of the following provisions apply: (A) The unit at no time serves a generator producing electricity for sale. (B) The unit at any time serves a generator producing electricity for sale, if the generator has a nameplate capacity of 25 megawatts or less and has the potential to use not more than 50% of the potential electrical output capacity of the unit. (iv) All units listed in 40 CFR 97, subpart E, appendix B, adopted by reference in R 336.1902, in this state, except those listed that have since been decommissioned, dismantled, or permanently retired. (v) A unit that meets both of the following: (A) Serves at any time a generator with a nameplate capacity greater than 25 megawatts producing electricity for sale. (B) Qualifies for an exemption from the Cross-State Air Pollution Rule NOx Ozone Season Group 3 Trading Program as a cogeneration unit under 40 CFR 97.1004(b), adopted by reference in R 336.1902. (s) “Operator” means a person that operates, controls, or supervises a NOx budget unit or a NOx budget source, and includes, but is not limited to, any holding company, utility system, or plant manager of such a unit or source. (t) “Owner” means any of the following: (i) Any holder of any portion of the legal or equitable title in a NOx budget unit. (ii) Any holder of a leasehold interest in a NOx budget unit. However, “owner” must not include a passive lessor, or a person that has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, on the revenues or income from the NOx budget unit, unless expressly provided for in a leasehold agreement. (iii) Any purchaser of power from a NOx budget unit under a life-of-the-unit, firm power contractual arrangement. (u) "Ozone control period" means the period of May 1 to September 30. (v) “Potential electrical output capacity” means 33% of a unit's maximum design heat input. (w) “Receive” or “receipt of” means, when referring to the permitting authority or the administrator, to come into possession of a document, information, or correspondence, either in writing or through an authorized electronic transmission, as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the administrator in the regular course of business. (x) “Source” means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the clean air act, 42 USC 7401 to 7671q. For purposes of section 502(c) of the clean air act, 42 USC 7661a, a source, including a source with multiple units, is considered a single facility. (y) “Submit” or “serve” means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation, as follows: (i) In person. (ii) By United States Postal Service. (iii) By other means of dispatch or transmission and delivery. Compliance with any submission, service, or mailing deadline is determined by the date of dispatch, transmission, or mailing and not the date of receipt. (z) “Ton” or “tonnage” means any short ton or 2,000 pounds. For the purpose of determining the NOx emissions, total tons for an ozone control period is calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal 1 ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons. (aa) “Unit” means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system that meets any of the following criteria: (i) For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit before 1995. (ii) For units that commenced operation after January 1, 1996 and before January 1, 1997, the combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996. (iii) For units that commence operation after January 1, 1997, either of the following apply: (A) The combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year. (B) The combustion of fossil fuel, alone or in combination with another fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during a year, provided that the unit must be fossil fuel-fired as of the date, during such year, on which the unit begins combusting fossil fuel. (cc) “USEPA” means the United States Environmental Protection Agency.