NR 409.01 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (2), Register, May, 1992, No. 437, eff. 6-1-92; am. Register, December, 1993, No. 456, eff. 1-1-94; renum. (1) to NR 406.15 (1), r. (2), cr. (1), (2), (3), Register, April, 1995, No. 472, eff. 5-1-95; cr. (1) (b) 9. and (d), am. (1) (c), Register, November, 1999, No. 527, eff. 12-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527. NR 409.02NR 409.02 Definitions. The definitions contained in chs. NR 400, 406 and 407 and title IV of the act (42 USC 7651 to 7651o) apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: NR 409.02(1)(1) “Acid rain compliance option” means one of the methods of compliance used by an affected unit under the acid rain program as described in a compliance plan submitted and approved in accordance with s. NR 409.09 or regulations implementing section 407 of the act (42 USC 7651f). NR 409.02(2)(a)1.1. The tonnage equivalent of the allowances authorized to be allocated to an affected unit for use in a calendar year under section 404 (a) (1) and (3) of the act (42 USC 7651c) or the basic phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year; NR 409.02(2)(a)2.c.c. By allowance transfers to or from the compliance subaccount for that unit that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in 40 CFR 73.35, after deductions and other adjustments are made pursuant to 40 CFR 73.34 (c). NR 409.02(3)(3) “Acid rain emissions reduction requirement” means a requirement under the acid rain program to reduce the emissions of sulfur dioxide or nitrogen oxides from a unit to a specified level or by a specified percentage. NR 409.02(4)(4) “Acid rain portion of an operation permit” means the legally binding written document, or portion of an operation permit, issued by the department which specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected source or the affected unit. NR 409.02(5)(5) “Actual SO2 emissions rate” means the annual average sulfur dioxide emissions rate for the unit, expressed in lb/mmBtu, for the specified calendar year; provided that, if the unit is listed in the national allowance database (NADB), the “1985 actual SO2 emissions rate” for the unit shall be the rate specified by the administrator in the NADB under the data field “SO2RTE.” NR 409.02(7)(7) “Allocate” or “allocation” means the initial crediting of an allowance by the administrator to an allowance tracking system unit account or general account. NR 409.02(8)(8) “Allowance deduction” or “deduct”, when referring to allowances, means the permanent withdrawal of allowances by the administrator from an allowance tracking system compliance subaccount to account for the number of tons of SO2 emitted from an affected unit for the calendar year, for tonnage emissions estimates calculated for periods of missing data as provided in 40 CFR part 75, or for any other allowance surrender obligations of the acid rain program. NR 409.02(9)(9) “Allowances held” or “hold allowances” means the allowances recorded by the administrator or submitted to the administrator for recordation in accordance with 40 CFR 73.50, in an allowance tracking system account. NR 409.02(10)(10) “Allowance tracking system” means the acid rain program system by which the administrator allocates, records, deducts and tracks allowances. NR 409.02(11)(11) “Allowance tracking system account” means an account in the allowance tracking system established by the administrator for purposes of allocating, holding, transferring and using allowances. NR 409.02(12)(12) “Allowance transfer deadline” means midnight of March 1 (or February 29 in a leap year) or, if March 1 (or February 29 in a leap year) is not a business day, midnight of the first business day thereafter and is the deadline by which allowances may be submitted for recordation in an affected unit’s compliance subaccount for the purposes of meeting the unit’s acid rain emissions limitation requirements for sulfur dioxide for the previous calendar year. NR 409.02(12g)(12g) ‘‘Alternative contemporaneous annual emission limitation” means the maximum allowable NOx emission rate (on a pound per million BTU, annual average basis) assigned to an individual unit in a NOx emissions averaging plan pursuant to s. NR 409.065 (7). NR 409.02(12m)(12m) ‘‘Alternative technology” means a control technology for reducing NOx emissions that is outside the scope of the definition of low NOx burner technology. Alternative technology does not include overfire air as applied to wall-fired boilers or separated overfire air as applied to tangentially fired boilers. NR 409.02(12s)(12s) ‘‘Arch-fired boiler” means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are at an angle significantly different from the horizontal axis and the vertical axis. This definition shall include only the following units: Holtwood unit 17, Hunlock unit 6, and Sunbury units 1A, 1B, 2A, and 2B. This definition shall exclude dry bottom turbo-fired boilers. NR 409.02 NoteNote: Arch-fired boilers that are wet bottom boilers are specifically excluded from this definition.
NR 409.02(13)(13) “Authorized account representative” means a responsible natural person who is authorized, in accordance with 40 CFR part 73, to transfer and otherwise dispose of allowances held in an allowance tracking system general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit. NR 409.02(14)(14) “Auxiliary firing” means combustion of a fuel that supplements the primary fuel, when more than 5% of an affected unit’s heat input is provided by the supplemental fuel. NR 409.02(15)(15) “Baseline”, for purposes of the acid rain program, means the annual average quantity of fossil fuel consumed by a unit, measured in millions of Btus for calendar years 1985 through 1987; provided that in the event that a unit is listed in the NADB, the baseline will be calculated for each unit-generator pair that includes the unit, and the unit’s baseline will be the sum of such unit-generator baselines. The unit-generator baseline shall be as provided in the NADB under the data field “BASE8587”, as adjusted by the outage hours listed in the NADB under the data field “OUTAGEHR” in accordance with the following equation:
where “months not on line” is the number of months during January 1985 through December 1987 prior to the commencement of firing for units that commenced firing in that period, i.e., the number of months, in that period, prior to the on-line month listed under the data field “BLRMNONL” and the on-line year listed in the data field “BLRYRONL” in the NADB. NR 409.02(16)(a)(a) For calendar years 2000 to 2009, allocations of allowances made by the administrator pursuant to sections 403 and 405 (b) (1), (3) and (4); (c) (1), (2), (3) and (5); (d) (1), (2), (4) and (5); (e); (f); (g) (1), (2), (3), (4) and (5); (h) (1); (i); and (j) of the act (42 USC 7651b and 7651d).