NR 409.02(45)(b)
(b) Is used for the generation of electricity, 80% or more of which is sold at wholesale;
NR 409.02(45)(d)
(d) Does not have direct public utility ownership of the equipment comprising the facility which exceeds 50%.
NR 409.02(46)
(46) “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 generating unit and pays its proportional amount of the unit's total costs, pursuant to a contract:
NR 409.02(46)(b)
(b) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
NR 409.02(46)(c)
(c) For 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 was 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.
NR 409.02(46h)
(46h) ``Low NO
x burners" or ``low NO
x burner technology" means commercially available combustion modification NO
x controls that minimize NO
x formation by introducing coal and its associated combustion air into a boiler such that initial combustion occurs in a manner that promotes rapid coal devolatilization in a fuel-rich, i.e., oxygen deficient, environment and introduces additional air to achieve a final fuel-lean, i.e., oxygen rich, environment to complete the combustion process. This definition shall include the staging of any portion of the combustion air using air nozzles or registers located inside any waterwall hole that includes a burner. This definition shall exclude the staging of any portion of the combustion air using air nozzles or ports located outside any waterwall hole that includes a burner, commonly referred to as NO
x ports or separated overfire air ports.
NR 409.02(46p)
(46p) ``Maximum continuous steam flow at 100% of load" means the maximum capacity of a boiler as reported in item 3 (Maximum Continuous Steam Flow at 100% Load in thousand pounds per hour), Section C (design parameters), Part III (boiler information) of the U.S. department of energy's Form EIA-767 for 1995.
NR 409.02 Note
Note: Copies of DOE's Form EIA-767 may be obtained for personal use from:
NR 409.02 Note
DOE/EIA
NR 409.02 Note
Office of Coal, Nuclear, Electric and Alternative Fuels
NR 409.02 Note
Electric Power Division
NR 409.02 Note
1000 Independence Avenue SW
NR 409.02 Note
Washington, DC 20585-0650
NR 409.02(47)
(47) “Nameplate capacity" means the maximum electrical generating output, expressed in megawatts of electricity, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings, as listed in the NADB under the data field “NAMECAP" if the generator is listed in the NADB or as measured in accordance with the United States department of energy standards if the generator is not listed in the NADB.
NR 409.02(48)
(48) “National allowance data base" or “NADB" means the data base established by the administrator under section 402 (4) (C) of the act (
42 USC 7651a(4) (c)).
NR 409.02(49)
(49) “New unit" means a unit that commences commercial operation on or after November 15, 1990, including any unit that serves a generator with a nameplate capacity of 25 MWe or less or that is a simple cycle combustion turbine.
NR 409.02(49m)
(49m) ``Non-plug-in combustion controls" means the replacement, in a cell burner boiler, of the portions of the waterwalls containing the cell burners by new portions of the waterwalls containing low NO
x burners or low NO
x burners with overfire air.
NR 409.02(50)
(50) “Offset plan", for purposes of the acid rain program, means a plan pursuant to
40 CFR 77.1 to
77.6 for offsetting excess emissions of sulfur dioxide that have occurred at an affected unit in any calendar year.
NR 409.02(51)
(51) “Oil-fired" means the combustion of fuel oil for more than 10% of the average annual heat input during the previous 3 calendar years or for more than 15% of the annual heat input in any one of those calendar years; and any solid, liquid or gaseous fuel, other than coal or any other coal-derived fuel, except a coal-derived gaseous fuel with a sulfur content no greater than natural gas, for the remaining heat input, if any.
NR 409.02(51g)
(51g) ``Operating period" means a period of time of not less than 3 consecutive months and that occurs not more than one month prior to applying for an alternative emission limitation demonstration period under
s. NR 409.065 (6), during which the owner or operator of an affected unit that cannot meet the applicable emission limitation:
NR 409.02(51g)(a)
(a) Operates the installed NO
x emission controls in accordance with primary vendor specifications and procedures, with the unit operating under normal conditions; and
NR 409.02(51g)(b)
(b) Records and reports quality-assured continuous emission monitoring (CEM) and unit operating data according to the methods and procedures in
40 CFR part 75.
NR 409.02(51m)
(51m) ``Opt-in permit" means the legally binding written document that is contained within the acid rain portion of an operation permit and sets forth the requirements under
40 CFR part 74 for a combustion source or a process source that opts into the acid rain program.
NR 409.02(51s)
(51s) ``Opt-in source" means a combustion source or a process source that has elected to become an affected unit under the acid rain program and whose opt-in permit has been issued and is in effect.
NR 409.02(52)(a)
(a) Any holder of any portion of the legal or equitable title in an affected unit.
NR 409.02(52)(c)
(c) Any purchaser of power from an affected unit under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner does not include a passive lessor, or a person who has an equitable interest through the lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the affected unit.
NR 409.02(52)(d)
(d) With respect to any allowance tracking system general account, any person identified in the submission required by
40 CFR 73.31 (c) that is subject to the binding agreement for the authorized account representative to represent that person's ownership interest with respect to allowances.
NR 409.02(53)
(53) “Owner or operator" means any person who is an owner or who operates, controls or supervises an affected unit or affected source and shall include, but not be limited to, any holding company, utility system or plant manager of an affected unit or affected source.
NR 409.02(54)
(54) “Permit revision" means a significant permit revision, fast track revision, administrative permit revision, automatic permit revision or permit revision by the department, as provided in
s. NR 409.12.
NR 409.02(55)
(55) “Phase I" means the acid rain program period beginning January 1, 1995 and ending December 31, 1999.
NR 409.02(56)
(56) “Phase II" means the acid rain program period beginning January 1, 2000 and continuing into the future.
NR 409.02(56m)
(56m) ``Plug-in combustion controls" means the replacement, in a cell burner boiler, of existing cell burners by low NO
x burners or low NO
x burners with overfire air.
NR 409.02(57)
(57) “Potential electrical output capacity" means the MWe capacity rating for the units which shall be equal to 33% of the maximum design heat input capacity of the steam generating unit, as calculated according to Appendix D of
40 CFR part 72, incorporated by reference in
s. NR 484.04 (26).
NR 409.02(58)
(58) “Power distribution system" means the portion of an electricity grid owned or operated by a utility that is dedicated to delivering electric energy to customers.
NR 409.02(59)
(59) “Power purchase commitment" means a commitment or obligation of a utility to purchase electric power from a facility pursuant to any of the following:
NR 409.02(59)(b)3.
3. Enter into arbitration concerning the facility for the purpose of establishing terms and conditions of the utility's purchase of power.
NR 409.02(59)(c)
(c) A letter of intent or similar instrument committing to purchase power, either actual electrical output or generator output capacity, from the source at a previously offered or lower price and a power sales agreement applicable to the source executed within the time frame established by the terms of the letter of intent but no later than November 15, 1993 or, where the letter of intent does not specify a time frame, a power sales agreement applicable to the source executed on or before November 15, 1993.
NR 409.02(59)(d)
(d) A utility competitive bid solicitation that has resulted in the selection of the qualifying facility or independent power production facility as the winning bidder.
NR 409.02(60)
(60) “Power sales agreement" means a legally binding agreement between a qualifying facility, independent power production facility or firm associated with the facility and a regulated electric utility that establishes the terms and conditions for the sale of power from the facility to the utility.
NR 409.02(61)
(61) “Primary fuel or primary fuel supply" means the main fuel type, expressed in mmBtu, consumed by an affected unit for the applicable calendar year.
NR 409.02(61m)
(61m) ``Primary vendor" means the vendor of the NO
x emission control system who has primary responsibility for providing the equipment, service and technical expertise necessary for detailed design, installation and operation of the controls, including process data, mechanical drawings, operating manuals or any combination thereof.
NR 409.02(62)
(62) “Qualifying cogeneration facility" means a facility which produces electric energy and steam or forms of useful energy, such as heat which is used for industrial, commercial, heating or cooling purposes which:
NR 409.02(62)(a)
(a) The federal energy regulatory commission determines, by rule, meets the requirements of this type of facility, including requirements for minimum size, fuel use, and fuel efficiency; and
NR 409.02(62)(b)
(b) Is owned by a person not primarily engaged in the generation or sale of electric power, other than electric power solely from cogeneration facilities or small power production facilities.
NR 409.02(63)
(63) “Qualifying facility" means a qualifying small power production facility or qualifying cogeneration facility.
NR 409.02(64)
(64) “Qualifying phase I technology" means a technological system of continuous emission reduction that is demonstrated to achieve at least a 90% reduction in emissions of sulfur dioxide relative to the emissions that would have resulted from the use of fossil fuels that were not subject to treatment prior to combustion, as provided in
40 CFR 72.42.
NR 409.02(65)
(65) “Qualifying power purchase commitment" means a power purchase commitment in effect as of November 15, 1990 without regard to changes to that commitment so long as:
NR 409.02(65)(a)
(a) The identity of the electric output purchaser, the identity of the steam purchaser and the location of the facility, remain unchanged as of the date the facility commences commercial operation; and
NR 409.02(65)(b)
(b) The terms and conditions of the power purchase commitment are not changed in such a way as to allow the costs of compliance with the acid rain program to be shifted to the purchaser.
NR 409.02(66)(a)
(a) Replacement of an existing coal-fired boiler with one of the clean coal technologies; or
NR 409.02(66)(b)
(b) Any oil-fired or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the U. S. department of energy.
NR 409.02(67)
(67) “Qualifying small power production facility" means a facility which is an eligible solar, wind, waste or geothermal facility, or a facility which:
NR 409.02(67)(a)
(a) Produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources or any combination of these; and
NR 409.02(67)(b)
(b) Has a power production capacity which, together with any other facilities located at the same site, as determined by the federal energy regulatory commission, is not greater than 80 MWe.
NR 409.02(67m)
(67m) ``Reburning" means reducing the coal and combustion air to the main burners and injecting a reburn fuel, such as gas or oil, to create a fuel-rich secondary combustion zone above the main burner zone and final combustion air to create a fuel-lean burnout zone; the formation of NO
x is inhibited in the main burner zone due to the reduced combustion intensity, and NO
x is destroyed in the fuel-rich secondary combustion zone by conversion to molecular nitrogen.
NR 409.02(68)
(68) “Receive" or “receipt of" means the date the administrator or department comes into possession of information or correspondence, whether sent in writing or by authorized electronic transmission, as indicated in an official correspondence log, or by a notation made on the information or correspondence, by the administrator or department in the regular course of business.
NR 409.02(69)
(69) “Recordation", “record" or “recorded" means, with regard to allowances, the transfer of allowances by the administrator from one allowance tracking system account or subaccount to another.
NR 409.02(70)
(70) “Reduced utilization" means a reduction, during any calendar year in phase I, in the heat input, expressed in millions of Btus for the calendar year, at a phase I unit below the unit's baseline, where the reduction subjects the unit to the requirement to file a reduced utilization plan under
40 CFR 72.43.
NR 409.02(71)
(71) “Reduced utilization plan" means a compliance plan submitted by the designated representative under
40 CFR 72.43 for the purpose of identifying an affected unit's method of complying with the applicable sulfur dioxide and nitrogen oxides emission limitations.
NR 409.02(72)
(72) “Repowering extension plan" means a compliance plan submitted by the designated representative under
40 CFR 72.44 for the purpose of identifying an affected unit's method of complying with the applicable sulfur dioxide emission limitations.
NR 409.02(73)
(73) “Schedule of compliance" means an enforceable sequence of actions, measures or operations designed to achieve or maintain compliance or correct non-compliance, with an applicable requirement of the acid rain program, including any applicable acid rain portion of an operation permit requirement.
NR 409.02(74)
(74) “Secretary of energy" means the secretary of the United States department of energy or the secretary's duly authorized representative.
NR 409.02(74h)
(74h) ``Selective catalytic reduction" means a noncombustion control technology that destroys NO
x by injecting a reducing agent, e.g., ammonia, into the flue gas that, in the presence of a catalyst, e.g., vanadium, titanium or zeolite, converts NO
x into molecular nitrogen and water.
NR 409.02(74p)
(74p) ``Selective noncatalytic reduction" means a noncombustion control technology that destroys NO
x by injecting a reducing agent, e.g., ammonia, urea or cyanuric acid, into the flue gas, downstream of the combustion zone that converts NO
x to molecular nitrogen, water and, when urea or cyanuric acid are used, to carbon dioxide (CO
2).
NR 409.02(75)
(75) “Simple cycle combustion turbine" means a unit that is a rotary engine driven by a gas under pressure that is created by the combustion of any fuel. This term includes combined cycle units without auxiliary firing. This term excludes combined cycle units with auxiliary firing, unless the unit did not use the auxiliary firing from 1985 to 1987 and does not use auxiliary firing at any time after November 15, 1990.
NR 409.02(76)
(76) “Solid waste incinerator" means a distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public, including single and multiple residences, hotels and motels. The term does not include incinerators or other units required to have a permit under
42 USC 6925. The term solid waste incinerator does not include:
NR 409.02(76)(a)
(a) Materials recovery facilities, including primary or secondary smelters which combust waste for the primary purpose of recovering metals.
NR 409.02(76)(b)
(b) Qualifying small power production facilities or qualifying cogeneration facilities which burn homogeneous waste, such as units which burn tires or used oil, but not including refuse-derived fuel, for the production of electric energy or in the case of qualifying cogeneration facilities which burn homogeneous waste for the production of electric energy and steam or forms of useful energy, such as heat, which are used for industrial, commercial, heating or cooling purposes.
NR 409.02(76)(c)
(c) Air curtain incinerators provided that the incinerators only burn wood wastes, yard wastes and clean lumber and that air curtain incinerators comply with opacity limitations established by the department and the administrator by rule.
NR 409.02(76m)
(76m) ``Stoker boiler" means a boiler that burns solid fuel in a bed, on a stationary or moving grate, that is located at the bottom of the furnace.
NR 409.02(77)
(77) “Submit" or “serve" means to send or transmit a document, information or correspondence to the person specified in accordance with the applicable regulation in one of the following ways:
NR 409.02(77)(c)
(c) By other equivalent means of dispatch, or transmission, and delivery. Compliance with any“submission", “service" or “mailing" deadline shall be determined by the date of dispatch, transmission or mailing and not the date of receipt.
NR 409.02(78)
(78) “Substitution plan" means a compliance plan submitted by the designated representative under
40 CFR 72.41 for the purpose of identifying an affected unit's method of complying with the applicable sulfur dioxide emission limitations.
NR 409.02(79)
(79) “Substitution unit" means an affected unit, other than a unit under section 410 of the act (
42 USC 7651i), that is designated as a phase I unit in a substitution plan under
40 CFR 72.41.
NR 409.02(79m)
(79m) ``Tangentially fired boiler" means a boiler that has coal and air nozzles mounted in each corner of the furnace where the vertical furnace walls meet. Both pulverized coal and air are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the furnace.
NR 409.02(80)
(80) “Total installed net output capacity" means the generator output capacity, excluding that portion of the electrical power actually used at the power production facility, as installed.
NR 409.02(81)
(81) “Total planned net output capacity" means the planned generator output capacity, excluding that portion of the electrical power which is designed to be used at the power production facility, as specified under one or more qualifying power purchase commitments or contemporaneous documents as of November 15, 1990.
