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)(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 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 NoteNote: Copies of DOE’s Form EIA-767 may be obtained for personal use from:
NR 409.02 NoteDOE/EIA
NR 409.02 NoteOffice of Coal, Nuclear, Electric and Alternative Fuels
NR 409.02 NoteElectric Power Division
NR 409.02 Note1000 Independence Avenue SW
NR 409.02 NoteWashington, 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)(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 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)(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. 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 NOx is inhibited in the main burner zone due to the reduced combustion intensity, and NOx 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 NOx 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 NOx into molecular nitrogen and water. NR 409.02(74p)(74p) ‘‘Selective noncatalytic reduction” means a noncombustion control technology that destroys NOx by injecting a reducing agent, e.g., ammonia, urea or cyanuric acid, into the flue gas, downstream of the combustion zone that converts NOx to molecular nitrogen, water and, when urea or cyanuric acid are used, to carbon dioxide (CO2). 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.
/exec_review/admin_code/nr/400/409
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administrativecode
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
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