Chapter NR 409

NR 409.02(20m) (20m) ‘‘Coal-fired utility unit” means a utility unit in which the combustion of coal (or any coal-derived fuel) on a Btu basis exceeds 50.0% of its annual heat input during the following calendar year: for Phase I units, in calendar year 1990; and, for Phase II units, in calendar year 1995 or, for a Phase II unit that did not combust any fuel that resulted in the generation of electricity in calendar year 1995, in any calendar year during the period 1990-1995. For the purposes of s. NR 409.065, this definition shall apply notwithstanding the definition of ‘‘coal-fired” in sub. (20).

NR 409.02(21) (21) “Cogeneration unit” means a unit that has equipment used to produce electric energy and forms of useful thermal energy, such as heat or steam, for industrial, commercial, heating or cooling purposes, through the sequential use of energy.

NR 409.02(21m) (21m) ‘‘Combustion controls” means technology that minimizes NOx formation by staging fuel and combustion air flows in a boiler. This definition shall include low NOx burners, overfire air or low NOx burners with overfire air.

NR 409.02(22) (22) “Commence commercial operation” means to have begun to generate electricity for sale, including the sale of test generation.

NR 409.02(23) (23) “Commence construction” means that an owner or operator has either undertaken a continuous program of construction or has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.

NR 409.02(24) (24) “Commence operation” means to have begun any mechanical, chemical or electronic process, including startup of an emissions control technology or emissions monitor or of a unit’s combustion chamber.

NR 409.02(25) (25) “Common stack” means the exhaust of emissions from 2 or more units through a single flue.

NR 409.02(26) (26) “Compensating unit” means a unit that is not otherwise subject to acid rain program emissions limitations or emissions reduction requirements during phase I and that is designated as a phase I unit in a reduced utilization plan under 40 CFR 72.43, provided that a unit that is not an affected unit under the acid rain program may not be a compensating unit.

NR 409.02(27) (27) “Compliance certification” means a submission to the administrator or department that is required by this chapter, by 40 CFR part 72, 73, 75, 77 or 78 or by regulations implementing section 407 or 410 of the act (42 USC 7651f and 7651i) to report an affected source or an affected unit’s compliance or non-compliance with a provision of the acid rain program and that is signed and verified by the designated representative in accordance with subparts B and I of 40 CFR part 72, s. NR 409.13 and the acid rain program regulations generally.

NR 409.02(28) (28) “Compliance option”, for purposes of the acid rain program, means any of the 4 strategies specified in 40 CFR 72.40 to 72.44 for complying with the acid rain program. Subpart D lists 4 options: phase I substitution plans, phase I extension plans, phase I reduced utilization plans and phase II repowering extensions.

NR 409.02(29) (29) “Compliance plan”, for purposes of the acid rain program, means the document submitted to the department for an affected source in accordance with the acid rain portion of an operation permit application under this chapter and 40 CFR 72.30 to 72.33, specifying the methods, including one or more compliance options under this chapter, 40 CFR 72.40 to 72.44 or regulations implementing section 407 of the act (42 USC 7651f), by which each affected unit at the source will meet the applicable emissions limitations and emissions reduction requirements of the acid rain program.

NR 409.02(30) (30) “Compliance subaccount” means the subaccount in an affected unit’s allowance tracking system account, established pursuant to 40 CFR 73.31 (a) or (b), in which are held, from the date that allowances for the current calendar year are recorded under 40 CFR 73.34 (a) until December 31, allowances available for use by the unit in the current calendar year and, after December 31 until the date that deductions are made under 40 CFR 73.35 (b), allowances available for use by the unit in the preceding calendar year, for the purpose of meeting the unit’s acid rain emissions limitation for sulfur dioxide.

NR 409.02(31) (31) “Compliance use date” means the first calendar year for which an allowance may be used for purposes of meeting a unit’s acid rain emissions limitation for sulfur dioxide.

NR 409.02(32) (32) “Construction” means fabrication, erection or installation of an affected unit or any portion of an affected unit.

NR 409.02(32g) (32g) ‘‘Customer” means a purchaser of electricity not for purposes of transmission or resale.

NR 409.02(32m) (32m) ‘‘Cyclone boiler” means a boiler with one or more water-cooled horizontal cylindrical chambers in which coal combustion takes place. The horizontal cylindrical chamber or chambers are attached to the bottom of the furnace. One or more cylindrical chambers are arranged either on one furnace wall or on 2 opposed furnace walls. Gaseous combustion products exiting from the chamber or chambers turn 90° to go up through the boiler while coal ash exits the bottom of the boiler as a molten slag.

NR 409.02(32s) (32s) ‘‘Demonstration period” means a period of time of not less than 15 months, approved under s. NR 409.065 (6), for demonstrating that the affected unit cannot meet the applicable emission limitation under s. NR 409.065 (2), (3) or (4) and establishing the minimum NOx emission rate that the unit can achieve during long-term load dispatch operation.

NR 409.02(33) (33) “Designated representative” means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with subpart B of 40 CFR part 72, to represent and legally bind each owner and operator, as a matter of federal or state law, in matters pertaining to the acid rain program and acid rain portion of the operation permit program. Whenever the term “designated representative” is used in this chapter, the term shall also be construed to include the alternate designated representative.

NR 409.02 Note Note: Whenever the term “responsible official” is used in 40 CFR part 70, chs. NR 406 and 407, or in any other regulations implementing title V of the act, it shall be deemed to refer to the “designated representative” with regard to all matters under the acid rain program.

NR 409.02(34) (34) “Diesel fuel” means a low sulfur fuel oil of grades 1-D or 2-D, as defined in ASTM D975-02, incorporated by reference in s. NR 484.10 (13).

NR 409.02(35) (35) “Direct public utility ownership” means direct ownership of equipment and facilities by one or more corporations, the principal business of which is sale of electricity to the public at retail. Percentage ownership of equipment and facilities shall be measured on the basis of book value.

NR 409.02(35h) (35h) ‘‘Dry bottom” means having a furnace bottom temperature below the ash melting point and bottom ash removal as a solid.

NR 409.02(35p) (35p) ‘‘Economizer” means the lowest temperature heat exchange section of a utility boiler where boiler feed water is heated by the flue gas.

NR 409.02(36) (36) “Emissions” means air contaminants exhausted from an affected unit or affected source into the atmosphere, as measured, recorded and reported to the administrator and the department by the designated representative and as determined by the administrator and the department, in accordance with the emissions monitoring requirements of 40 CFR part 75.

NR 409.02(37) (37) “Excess acid rain emissions” means:

NR 409.02(37)(a) (a) Any tonnage of sulfur dioxide emitted by an affected unit during a calendar year that exceeds the emissions limitation in the acid rain program for sulfur dioxide for the unit; and

NR 409.02(37)(b) (b) Any tonnage of nitrogen oxides emitted by an affected unit during a calendar year that exceeds the annual tonnage equivalent of the emissions limitation in the acid rain program for nitrogen oxides applicable to the affected unit taking into account the unit’s heat input for the year.

NR 409.02(38) (38) “Excess emission offset requirement” means a requirement to reduce excess acid rain emissions pursuant to 40 CFR 77.1 to 77.6 by offsetting excess emissions of sulfur dioxide that have occurred at an affected unit in any calendar year.

NR 409.02(39) (39) “Existing unit” means a unit, including a unit subject to new source performance standards, section 111 of the act (42 USC 7411), that commenced commercial operation before November 15, 1990 and that on or after November 15, 1990 served a generator with a nameplate capacity of greater than 25 MWe. The term existing unit does not include simple cycle combustion turbines or any unit that on or after November 15, 1990 served only generators with a nameplate capacity of 25 MWe or less. Any existing unit that is modified, reconstructed or repowered after November 15, 1990 shall continue to be an existing unit.

NR 409.02(39m) (39m) ‘‘Flue gas” means the gaseous combustion products arising from the combustion of fossil fuel in a utility boiler.

NR 409.02(40) (40) “Gas-fired” means the combustion of natural gas or a coal-derived gaseous fuel with a sulfur content no greater than natural gas, for at least 90% of the average annual heat input during the previous 3 calendar years and for at least 85% of the annual heat input in each of those calendar years; and any fuel, other than coal or any other coal-derived fuel, for the remaining heat input, if any.

NR 409.02(41) (41) “General account” means an allowance tracking system account that is not a unit account.

NR 409.02(42) (42) “Generator” means a device that produces electricity and was or would have been required to be reported as a generating unit pursuant to the United States department of energy form 860—1990 edition.

NR 409.02(43) (43) “Generator output capacity” means the full-load continuous rating of a generator under specific conditions as designed by the manufacturer.

NR 409.02(43h) (43h) ‘‘Group 1 boiler’’ means a tangentially-fired boiler or a dry bottom wall-fired boiler that is not a cell burner boiler.

NR 409.02(43p) (43p) ‘‘Group 2 boiler” means a wet bottom wall-fired boiler, a cyclone boiler, a boiler applying cell burner technology, a vertically fired boiler, an arch-fired boiler, or any other type of utility boiler, such as a fluidized bed or stoker boiler, that is not a Group 1 boiler.

NR 409.02(44) (44) “Heat input” means the product, expressed in mmBtu/time, of the gross calorific value of the fuel, expressed in Btu/lb, and the fuel feed rate into the combustion device, expressed in mass of fuel/time, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

NR 409.02(44m) (44m) ‘‘Incidental electricity sales” means the total annual sales of electricity produced by a generator that do not exceed 10% of the nameplate capacity of that generator times 8,760 hours per year and do not exceed 10% of the actual annual electric output of that generator.

NR 409.02(45) (45) “Independent power production facility” means a source that:

NR 409.02(45)(a) (a) Is nonrecourse project financed, as defined by the secretary of energy at 10 CFR part 715;

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)(c) (c) Is a new unit required to hold allowances under title IV of the act (42 USC 7651 to 7651o); and

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)(a) (a) For the life of the unit;

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 NOx burners” or ‘‘low NOx burner technology” means commercially available combustion modification NOx controls that minimize NOx 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 NOx 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 NOx burners or low NOx 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 NOx 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) (52) “Owner” means any of the following persons:

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)(b) (b) Any holder of a leasehold interest 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 NOx burners or low NOx 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)(a) (a) A power sales agreement.

NR 409.02(59)(b) (b) A state regulatory authority order requiring a utility to:

NR 409.02(59)(b)1. 1. Enter into a power sales agreement with the facility;

NR 409.02(59)(b)2. 2. Purchase from the facility; or

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 NOx 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.