CSR 45-40-2. Definitions

§45-40-2. Definitions. 2.1. “Account number” means the identification number given by the Administrator to each CAIR NOX Ozone Season Allowance Tracking System account. 2.2. “Acid Rain emissions limitation” means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program. 2.3. “Acid Rain Program” means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under Title IV of the CAA and 40 CFR Parts 72 through 78. 2.4. “Administrator” means the Administrator of the United States Environmental Protection Agency (U.S. EPA) or the Administrator’s duly authorized representative. 2.5. “Allocate” or “allocation” means, with regard to CAIR NOX Ozone Season allowances, the determination by the Secretary, a permitting authority or the Administrator of the amount of such CAIR NOX Ozone Season allowances to be initially credited to a CAIR NOX Ozone Season unit, a new unit set-aside, or other entity. 2.6. “Allowance transfer deadline” means, for an ozone season, midnight of November 30, (if it is a business day), or midnight of the first business day thereafter (if November 30 is not a business day), immediately following the ozone season and is the deadline by which a CAIR NOX Ozone Season allowance transfer must be submitted for recordation in a CAIR NOX Ozone Season source’s compliance account in order to be used to meet the source’s CAIR NOX Ozone Season emissions limitation for such ozone season in accordance with section 54. 2.7. “Alternate CAIR designated representative” means, for a CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with sections 10 through 15, to act on behalf of the CAIR designated representative in matters pertaining to the CAIR NOX Ozone Season Trading Program. If the CAIR NOX Ozone Season source is also a CAIR SO2 source under 45CSR41, then this natural person will be the same person as the alternate CAIR designated representative under the CAIR SO2 Trading Program. If the CAIR NOX Ozone Season source is also a CAIR NOX Annual source under 45CSR39, then this natural person will be the same person as the alternate CAIR designated representative under the CAIR NOX Annual Trading Program. If the CAIR NOX Ozone Season source is also subject to the Acid Rain Program, then this natural person will be the same person as the alternate designated representative under the Acid Rain Program under 45CSR33. If the CAIR NOX Ozone Season source is also subject to the Hg Budget Trading Program, then this natural person will be the same person as the alternate Hg designated representative under the Hg Budget Trading Program under 45CSR37. 2.8. “Automated data acquisition and handling system” or “DAHS” means that component of the continuous emission monitoring system, or other emissions monitoring system approved for use under sections 70 through 75, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by sections 70 through 75. 2.9. “Boiler” means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium. 2.10. “Bottoming-cycle cogeneration unit” means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production. 2.11. “CAIR authorized account representative” means, with regard to a general account, a responsible natural person who is authorized, in accordance with sections 10 through 15 and sections 51 through 57, to transfer and otherwise dispose of CAIR NOX Ozone Season allowances held in the general account and, with regard to a compliance account, the CAIR designated representative of the source. 2.12. “CAIR designated representative” means, for a CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with sections 10 through 15, to represent and legally bind each owner and operator in matters pertaining to the CAIR NOX Ozone Season Trading Program. If the CAIR NOX Ozone Season source is also a CAIR SO2 source under 45CSR41, then this natural person will be the same person as the CAIR designated representative under the CAIR SO2 Trading Program. If the CAIR NOX Ozone Season source is also a CAIR NOX Annual source under 45CSR39, then this natural person will be the same person as the CAIR designated representative under the CAIR NOX Annual Trading Program. If the CAIR NOX Ozone Season source is also subject to the Acid Rain Program, then this natural person will be the same person as the designated representative under the Acid Rain Program under 45CSR33. If the CAIR NOX Ozone Season source is also subject to the Hg Budget Trading Program, then this natural person will be the same person as the Hg designated representative under the Hg Budget Trading Program under 45CSR37. 2.13. “CAIR NOX Annual source” means a source that is subject to the CAIR NOX Annual Trading Program. 2.14. “CAIR NOX Annual Trading Program” means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with 40 CFR Part 96, Subparts AA through II and 40 CFR §51.123(o)(1) or (2) or established by the Administrator in accordance with 40 CFR Part 97, Subparts AA through II and 40 CFR §§51.123(p) and 52.35, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. 2.15. Reserved. 2.16. “CAIR NOX Ozone Season allowance” means a limited authorization issued by the Secretary, a permitting authority or the Administrator under provisions of a state implementation plan that are approved under 40 CFR §§51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), (dd), or (ee), or under 40 CFR Part 97, Subpart EEEE or 40 CFR §97.388 to emit one ton of nitrogen oxides during an ozone season of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the CAIR NOX Ozone Season Trading Program or a limited authorization issued by the Secretary or permitting authority for an ozone season during 2003 through 2008 under the NOX Budget Trading Program in accordance with 40 CFR §51.121(p) to emit one ton of nitrogen oxides during an ozone season, provided that the provision in 40 CFR §51.121(b)(2)(ii)(E) shall not be used in applying this definition and the limited authorization shall not have been used to meet the allowance-holding requirement under the NOX Budget Trading Program. An authorization to emit nitrogen oxides that is not issued under provisions of a state implementation plan approved under 40 CFR §§51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), (dd), or (ee), or under 40 CFR Part 97, Subpart EEEE or 40 CFR §97.388 or under the NOX Budget Trading Program as described in the prior sentence shall not be a CAIR NOX Ozone Season allowance. 2.17. “CAIR NOX Ozone Season allowance deduction” or “deduct CAIR NOX Ozone Season allowances” means the permanent withdrawal of CAIR NOX Ozone Season allowances by the Administrator from a compliance account, e.g., in order to account for a specified number of tons of total nitrogen oxides emissions from all CAIR NOX Ozone Season units at a CAIR NOX Ozone Season source for an ozone season, determined in accordance with sections 70 through 75, or to account for excess emissions. 2.18. “CAIR NOX Ozone Season Allowance Tracking System” means the system by which the Administrator records allocations, deductions, and transfers of CAIR NOX Ozone Season allowances under the CAIR NOX Ozone Season Trading Program. Such allowances will be allocated, held, deducted, or transferred only as whole allowances. 2.19. “CAIR NOX Ozone Season Allowance Tracking System account” means an account in the CAIR NOX Ozone Season Allowance Tracking System established by the Administrator for purposes of recording the allocation, holding, transferring, or deducting of CAIR NOX Ozone Season allowances. 2.20. “CAIR NOX Ozone Season allowances held” or “hold CAIR NOX Ozone Season allowances” means the CAIR NOX Ozone Season allowances recorded by the Administrator, or submitted to the Administrator for recordation, in accordance with sections 51 through 57 and sections 60 through 62, in a CAIR NOX Ozone Season Allowance Tracking System account. 2.21. “CAIR NOX Ozone Season emissions limitation” means, for a CAIR NOX Ozone Season source, the tonnage equivalent, in NOX emissions in an ozone season, of the CAIR NOX Ozone Season allowances available for deduction for the source under subsections 54.1 and 54.2 for the ozone season. 2.22. “CAIR NOX Ozone Season source” means a source that includes one or more CAIR NOX Ozone Season units. 2.23. “CAIR NOX Ozone Season Trading Program” means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with 40 CFR Part 96, Subparts AAAA through IIII and 40 CFR §51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd) or established by the Administrator in accordance with 40 CFR Part 97, Subparts AAAA through IIII and 40 CFR §§51.123(ee) and 52.35, as a means of mitigating interstate transport of ozone and nitrogen oxides. 2.24. “CAIR NOX Ozone Season unit” means a unit that is subject to the CAIR NOX Ozone Season Trading Program under section 4. 2.25. “CAIR permit” means the legally binding and federally enforceable written document, or portion of such document, issued by the Secretary under sections 20 through 24, including any permit revisions, specifying the CAIR NOX Ozone Season Trading Program requirements applicable to a CAIR NOX Ozone Season source, to each CAIR NOX Ozone Season unit at the source, and to the owners and operators and the CAIR designated representative of the source and each such unit. 2.26. “CAIR SO2 source” means a source that is subject to the CAIR SO2 Trading Program. 2.27. “CAIR SO2 Trading Program” means a multi-state sulfur dioxide air pollution control and emission reduction program approved and administered by the Administrator in accordance with 40 CFR Part 96, Subparts AAA through III and 40 CFR §51.124(o)(1) or (2) or established by the Administrator in accordance with 40 CFR Part 97, Subparts AAA through III and 40 CFR §§51.124(r) and 52.36, as a means of mitigating interstate transport of fine particulates and sulfur dioxide. 2.28. Reserved. 2.29. “Clean Air Act” or “CAA” means the Clean Air Act, 42 U.S.C. 7401, et seq. 2.30. “Clinker” means the product of a Portland cement kiln from which finished cement is manufactured by milling and grinding. 2.31. “Coal” means any solid fuel classified as anthracite, bituminous, subbituminous or lignite. 2.32. “Coal-derived fuel” means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal. 2.33. “Coal-fired” means: 2.33.a. Except for purposes of sections 40 through 42, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year; or 2.33.b. For purposes of sections 40 through 42, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during a specified year. 2.34. “Cogeneration unit” means a stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine: 2.34.a. Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and 2.34.b. Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity: 2.34.b.1. For a topping-cycle cogeneration unit, 2.34.b.1.A. Useful thermal energy not less than 5 percent of total energy output; and 2.34.b.1.B. Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; and 2.34.b.2. For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. 2.35. “Combustion turbine” means: 2.35.a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and 2.35.b. If the enclosed device under subdivision 2.35.a is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine. 2.36. “Commence commercial operation” means, with regard to a unit: 2.36.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 section 5. 2.36.a.1. For a unit that is a CAIR NOX Ozone Season unit under section 4 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in subdivision 2.36.a 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 date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. 2.36.a.2. For a unit that is a CAIR NOX Ozone Season unit under section 4 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in subdivision 2.36.a and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall 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 subdivisions 2.36.a or 2.36.b, as appropriate. 2.36.b. Notwithstanding subdivision 2.36.a and except as provided in section 5, for a unit that is not a CAIR NOX Ozone Season unit under section 4 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in subdivision 2.36.a, the unit’s date for commencement of commercial operation will be the date on which the unit becomes a CAIR NOX Ozone Season unit under section 4. 2.36.b.1. For a unit with a date for commencement of commercial operation as defined in subdivision 2.36.b 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 date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. 2.36.b.2. For a unit with a date for commencement of commercial operation as defined in subdivision 2.36.b and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall 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 subdivisions 2.36.a or 2.36.b, as appropriate. 2.36.c. Notwithstanding subdivisions 2.36.a and 2.36.b, for a unit not serving a generator producing electricity for sale, the unit’s date of commencement of operation shall also be the unit’s date of commencement of commercial operation. 2.37. “Commence operation” means: 2.37.a. To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber. 2.37.a.1. For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in subdivision 2.37.a, such date will remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit. 2.37.a.2. For a unit that is replaced by a unit at the same source (e.g., repowered) after the date the unit commences operation as defined in subdivision 2.37.a, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit will be treated as a separate unit with a separate date for commencement of operation as defined in subdivision 2.37.a, paragraphs 2.37.a.1, or 2.37.a.2 as appropriate. 2.37.b. Notwithstanding subdivision 2.37.a and solely for purposes of sections 70 through 75, for a unit that is not a CAIR NOX Ozone Season unit under subsections 4.2 or 4.3 on the later of November 15, 1990 or the date the unit commences operation as defined in subdivision 2.37.a and that subsequently becomes such a CAIR NOX Ozone Season unit, the unit’s date for commencement of operation shall be the date on which the unit becomes a CAIR NOX Ozone Season unit under subsections 4.2 or 4.3. 2.37.b.1. For a unit with a date of commencement of operation as defined in subdivision 2.37.b 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 operation of the unit, which shall continue to be treated as the same unit. 2.37.b.2. For a unit with a date of commencement of operation as defined in subdivision 2.37.b and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in subdivisions 2.37.a or 2.37.b, as appropriate. 2.38. “Common stack” means a single flue through which emissions from 2 or more units are exhausted. 2.39. “Compliance account” means a CAIR NOX Ozone Season Allowance Tracking System account, established by the Administrator for a CAIR NOX Ozone Season source under sections 51 through 57, in which any CAIR NOX Ozone Season allowance allocations for the CAIR NOX Ozone Season units at the source are initially recorded and in which are held any CAIR NOX Ozone Season allowances available for use for an ozone season in order to meet the source’s CAIR NOX Ozone Season emissions limitation in accordance with section 54. 2.40. “Continuous emission monitoring system” or “CEMS” means the equipment required under sections 70 through 75 to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of nitrogen oxides emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with 40 CFR Part 75. The following systems are the principal types of continuous emission monitoring systems required under sections 70 through 75: 2.40.a. A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh); 2.40.b. A nitrogen oxides concentration monitoring system, consisting of a NOX pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of NOX emissions, in parts per million (ppm); 2.40.c. A nitrogen oxides emission rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2; and NOX emission rate, in pounds per million British thermal units (lb/mmBtu); 2.40.d. A moisture monitoring system, as defined in 40 CFR §75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in percent H2O; 2.40.e. A carbon dioxide monitoring system, consisting of a CO2 pollutant concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the CO2 concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO2 emissions, in percent CO2; and 2.40.f. An oxygen monitoring system, consisting of an O2 concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O2, in percent O2. 2.41. “Electricity for sale under firm contract to the grid” means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions. 2.42. “Emissions” means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the CAIR designated representative and as determined by the Administrator in accordance with sections 70 through 75. 2.43. “Excess emissions” means any ton of nitrogen oxides emitted by the CAIR NOX Ozone Season units at a CAIR NOX Ozone Season source during an ozone season that exceeds the CAIR NOX Ozone Season emissions limitation for the source. 2.44. “Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material. 2.45. “Fossil fuel-fired” means,: 2.45.a. With regard to a unit under subsection 4.1, combusting any amount of fossil fuel in any calendar year; or 2.45.b. With regard to a unit, solely for purposes of applying the applicability provisions in subsections 4.3 and 4.4: 2.45.b.1. For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent 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 prior to 1995; 2.45.b.2. For units that commenced operation on or after January 1, 1996 and before January 1, 1997, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during 1996; or 2.45.b.3. For units that commence operation on or after January 1, 1997: 2.45.b.3.A. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year; or 2.45.b.3.B. The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year, provided that the unit shall be “fossil fuel-fired” as of the date, during such year, on which the unit begins combusting fossil fuel. 2.46. “Fuel oil” means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state. 2.47. “General account” means a CAIR NOX Ozone Season Allowance Tracking System account, established under sections 51 through 57, that is not a compliance account. 2.48. “Generator” means a device that produces electricity. 2.49. “Gross electrical output” means, with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls). 2.50. “Heat input” means, with regard to a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the CAIR designated representative and determined by the Administrator in accordance with sections 70 through 75 and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources. 2.51. “Heat input rate” means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel. 2.52. “Hg Budget Trading Program” means a multi-state Hg air pollution control and emission reduction program approved and administered by the Administrator in accordance 40 CFR Part 60, Subpart HHHH and 40 CFR §60.24(h)(6), or established by the Administrator under section 111 of the Clean Air Act, as a means of reducing national Hg emissions. 2.53. “Large NOX SIP call engine” means a stationary internal combustion engine identified and designated as “large” in the NOX SIP Call Engine Inventory as emitting more than one ton of NOX per average ozone season day in 1995. 2.54. “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 generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract: 2.54.a. For the life of the unit; 2.54.b. For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or 2.54.c. For a period no less than 25 years or 70 percent 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. 2.55. “Long dry kiln” means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is dry. 2.56. “Long wet kiln” means a kiln 14 feet or larger in diameter, 400 feet or greater in length, which employs no preheating of the feed. The inlet feed to the kiln is a slurry. 2.57. “Low-NOX burners” means combustion equipment designed to reduce flame turbulence, delay fuel/air mixing and establish fuel-rich zones for initial combustion. 2.58. “Malfunction” means, as used in section 100, any sudden, infrequent and not reasonably preventable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. 2.59. “Maximum design heat input” means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit. 2.60. “Mid-kiln firing” means the secondary firing in kilns by injecting solid fuel at an intermediate point in the kiln using a specially designed feed injection mechanism for the purpose of decreasing NOX emissions through: 2.60.a. Burning part of the fuel at a lower temperature; and 2.60.b. Reducing conditions at the solid waste injection point that may destroy some of the NOX formed upstream in the kiln burning zone. 2.61. “Monitoring system” means any monitoring system that meets the requirements of sections 70 through 75, including a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under 40 CFR Part 75. 2.62. “Most stringent state or federal NOX emissions limitation” means, with regard to a unit, the lowest NOX emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under state or federal law, regardless of the averaging period to which the emissions limitation applies. 2.63. “Nameplate capacity” means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change. 2.64. “NOX budget emissions limitation” means, for a NOX Budget unit, the tonnage equivalent of the NOX allowances available for compliance deduction for the unit under subsections 54.1, 54.2, 54.5 and 54.6 of 45CSR1 or 45CSR26 in the 2008 ozone season, adjusted by any deductions of such NOX allowances to account for actual heat input under subdivision 42.5.a of 45CSR1 or 45CSR26 for the ozone season or to account for excess emissions for a prior ozone season under subsection 54.4 of 45CSR1 or 45CSR26. 2.65. “NOX Budget Trading Program” means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator pursuant to 40 CFR §51.121. 2.66. “NOX Budget unit”, for purposes of this rule, means a unit that is subject to the NOX Budget Trading Program under 45CSR1 or 45CSR26. 2.67. “NOX SIP Call Engine Inventory” means the inventory of internal combustion engines compiled by U.S. EPA as part of the NOX SIP Call Rule, including the Technical Amendments, announced in the March 2, 2000 FR 11222, and the adjustment of the 2007 Budget NOX Control Efficiency to 82 percent for large gas-fired engines, announced in the April 21, 2004 Federal Register notice for the Phase II NOX SIP Call Rule. 2.68. “Oil-fired” means, for purposes of sections 40 through 42, combusting fuel oil for more than 15.0 percent of the annual heat input in a specified year and not qualifying as coal-fired. 2.69. “Operator” means any person who operates, controls, or supervises a CAIR NOX Ozone Season unit or a CAIR NOX Ozone Season source and will include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source. 2.70. “Owner” means any of the following persons: 2.70.a. With regard to a CAIR NOX Ozone Season source or a CAIR NOX Ozone Season unit at a source, respectively: 2.70.a.1. Any holder of any portion of the legal or equitable title in a CAIR NOX Ozone Season unit at the source or the CAIR NOX Ozone Season unit; 2.70.a.2. Any holder of a leasehold interest in a CAIR NOX Ozone Season unit at the source or the CAIR NOX Ozone Season unit; or 2.70.a.3. Any purchaser of power from a CAIR NOX Ozone Season unit at the source or the CAIR NOX Ozone Season unit under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner will not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such CAIR NOX Ozone Season unit; or 2.70.b. With regard to any general account, any person who has an ownership interest with respect to the CAIR NOX Ozone Season allowances held in the general account and who is subject to the binding agreement for the CAIR authorized account representative to represent the person’s ownership interest with respect to CAIR NOX Ozone Season allowances. 2.71. “Ozone season” means the period beginning May 1 of a calendar year, except as provided in subdivision 6.3.b, and ending on September 30 of the same year, inclusive. 2.72. “Permitting authority” means the state air pollution control agency, local agency, other state agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the CAIR NOX Ozone Season Trading Program in accordance with 40 CFR Part 96, Subpart CCCC or, if no such agency has been so authorized, the Administrator. 2.73. “Portland cement” means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one or more of the forms of calcium sulfate as an interground addition. 2.74. “Portland cement kiln” means a system, including any solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker. 2.75. “Potential electrical output capacity” means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr. 2.76. “Precalciner kiln” means a kiln where the feed to the kiln system is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the preheater prior to the final fusion in a kiln which forms clinker. 2.77. “Preheater kiln” means a kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln which forms clinker. 2.78. “Receive” or “receipt of” means, when referring to the Secretary or the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Secretary or the Administrator in the regular course of business. 2.79. “Recordation”, “record”, or “recorded” means, with regard to CAIR NOX Ozone Season allowances, the movement of CAIR NOX Ozone Season allowances by the Administrator into or between CAIR NOX Ozone Season Allowance Tracking System accounts, for purposes of allocation, transfer, or deduction. 2.80. “Reference method” means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR §75.22. 2.81. “Replacement”, “replace”, or “replaced” means, with regard to a unit, the demolishing of a unit, or the permanent shutdown and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or shutdown unit (the replaced unit). 2.82. “Repowered” means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler: 2.82.a. Atmospheric or pressurized fluidized bed combustion; 2.82.b. Integrated gasification combined cycle; 2.82.c. Magnetohydrodynamics; 2.82.d. Direct and indirect coal-fired turbines; 2.82.e. Integrated gasification fuel cells; or 2.82.f. As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under subdivisions 2.82.a through 2.82.e and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005. 2.83. “Secretary” means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§22-1-6 or 22-1-8. 2.84. “Serial number” means, for a CAIR NOX Ozone Season allowance, the unique identification number assigned to each CAIR NOX Ozone Season allowance by the Administrator. 2.85. “Sequential use of energy” means: 2.85.a. For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or 2.85.b. For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production. 2.86. “Shutdown”, as used in section 100, means: 2.86.a. The period of time a Portland cement kiln is cooled from its normal operating temperature to cold or ambient temperature; or 2.86.b. The cessation of operation of a Portland cement kiln for any purpose. 2.87. “Solid waste incineration unit” means a stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act. 2.88. “Source” means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. For purposes of section 502 (c) of the CAA, a “source,” including a “source” with multiple units, will be considered a single “facility.” 2.89. “Startup”, as used in section 100, means: 2.89.a. The period of time a unit is heated from cold or ambient temperature to its normal operating temperature as specified by the manufacturer; or 2.89.b. The setting in operation of a Portland cement kiln for any purpose. 2.90. “State” means one of the states or the District of Columbia that adopts the CAIR NOX Ozone Season Trading Program pursuant to 40 CFR §§51.123(aa)(1) or (2), (bb) or (dd). 2.91. “Stationary internal combustion engine” or “engine” means any internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one location to another and remains at a single site at a building, structure, facility, or installation for more than 12 consecutive months. Any engine (or engines) that replaces an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period. 2.92. “Submit” or “serve” means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation: 2.92.a. In person; 2.92.b. By United States Postal Service; or 2.92.c. By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline will be determined by the date of dispatch, transmission, or mailing and not the date of receipt. 2.93. “Title V operating permit” means a permit issued under 45CSR30. 2.94. “Ton” means 2,000 pounds. For the purpose of determining compliance with the CAIR NOX Ozone Season emissions limitation, total tons of nitrogen oxides emissions for an ozone season will be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with sections 70 through 75, but with any remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal zero tons. 2.95. “Topping-cycle cogeneration unit” means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy. 2.96. “Total energy input” means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself. 2.97. “Total energy output” means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit. 2.98. “Unit” means a stationary, fossil fuel-fired boiler or combustion turbine or, solely for purposes of applying the applicability provisions in subsections 4.3 and 4.4, a stationary, fossil fuel-fired boiler, combustion turbine, or combined cycle system. 2.99. “Unit operating day” means a calendar day in which a unit combusts any fuel. 2.100. “Unit operating hour” or “hour of unit operation” means an hour in which a unit combusts any fuel. 2.101. “Useful power” means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any onsite emission controls). 2.102. “Useful thermal energy” means, with regard to a cogeneration unit, thermal energy that is: 2.102.a. Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water; 2.102.b. Used in a heating application (e.g., space heating or domestic hot water heating); or 2.102.c. Used in a space cooling application (i.e., thermal energy used by an absorption chiller). 2.103. “Utility power distribution system” means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. 2.104. Other words and phrases used in this rule, unless otherwise indicated, will have the meaning ascribed to them in W. Va. Code §22-5-1 et seq. and 40 CFR §72.2.