Section 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:

(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 ).

(2)  "Acid rain emissions limitation" means:

(a) For the purposes of sulfur dioxide emissions:

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;

2. As adjusted:

a. By allowances allocated by the administrator pursuant to sections 403, 405 (a) (2) and (3), (b) (2), (c) (4), (d) (3) and (h) (2) and 406 of the act ( 42 USC 7651b , 7651d and 7651e );

b. By allowances allocated by the administrator pursuant to subpart D of 40 CFR part 72 ; and thereafter

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).

(b) For purposes of nitrogen oxides emissions, the applicable limitation under s. NR 409.065 .

(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.

(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.

(5)  "Actual SO 2 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 SO 2 emissions rate" for the unit shall be the rate specified by the administrator in the NADB under the data field "SO2RTE."

(7)  "Allocate" or "allocation" means the initial crediting of an allowance by the administrator to an allowance tracking system unit account or general account.

(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 SO 2 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.

(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.

(10)  "Allowance tracking system" means the acid rain program system by which the administrator allocates, records, deducts and tracks allowances.

(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.

(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.

(12g)  ``Alternative contemporaneous annual emission limitation" means the maximum allowable NO x emission rate (on a pound per million BTU, annual average basis) assigned to an individual unit in a NO x emissions averaging plan pursuant to s. NR 409.065 (7) .

(12m)  ``Alternative technology" means a control technology for reducing NO x emissions that is outside the scope of the definition of low NO x 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.

(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.

(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.

(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.

(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: - See PDF for diagram
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.

(16)  "Basic phase II allowance allocations" means:

(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 ).

(b) For each calendar year beginning in 2010, 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) and (3); (i); and (j) of the act ( 42 USC 7651b and 7651d ).

(17)  "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam or any other medium.

(17m)  ``Cell burner boiler" means a wall-fired boiler that utilizes 2 or 3 circular burners combined into a single vertically oriented assembly that results in a compact, intense flame.

(18)  "Certificate of representation" means the completed and signed submission required by 40 CFR 72.20 , for certifying the appointment of a designated representative for an affected source or a group of identified affected sources authorized to represent the owners and operators of the sources and of the affected units at the sources with regard to matters under the acid rain program.

(19)  "Clean coal technology" means atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the secretary of the U.S. department of energy, a derivative of one or more of these technologies, and any other 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 November 15, 1990.

(20)  "Coal-fired" means, except for the purposes of applying s. NR 409.065 , the combustion of fuel consisting of coal or any coal-derived fuel, except a coal-derived gaseous fuel with a sulfur content no greater than natural gas, alone or in combination with any other fuel, where a unit is coal-fired if it uses coal or coal-derived fuel as its primary fuel, expressed in mmBtu; provided that, if the unit is listed in the NADB, the primary fuel is the fuel listed in the NADB under the data field "PRIMEFUEL".

(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) .

(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.

(21m)  ``Combustion controls" means technology that minimizes NO x formation by staging fuel and combustion air flows in a boiler. This definition shall include low NO x burners, overfire air or low NO x burners with overfire air.

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

(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.

(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.

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

(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.

(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.

(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.

(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.

(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.

(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.

(32)  "Construction" means fabrication, erection or installation of an affected unit or any portion of an affected unit.

(32g)  ``Customer" means a purchaser of electricity not for purposes of transmission or resale.

(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.

(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 NO x emission rate that the unit can achieve during long-term load dispatch operation.

(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.

(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) .

(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.

(35h)  ``Dry bottom" means having a furnace bottom temperature below the ash melting point and bottom ash removal as a solid.

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

(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 .

(37)  "Excess acid rain emissions" means:

(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

(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.

(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.

(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.

(39m)  ``Flue gas" means the gaseous combustion products arising from the combustion of fossil fuel in a utility boiler.

(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.

(41)  "General account" means an allowance tracking system account that is not a unit account.

(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.

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

(43h)  ``Group 1 boiler'' means a tangentially-fired boiler or a dry bottom wall-fired boiler that is not a cell burner boiler.

(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.

(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.

(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.

(45)  "Independent power production facility" means a source that:

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

(b) Is used for the generation of electricity, 80% or more of which is sold at wholesale;

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

(d) Does not have direct public utility ownership of the equipment comprising the facility which exceeds 50%.

(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:

(a) For the life of the unit;

(b) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

(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.

(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.

(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.

(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.

(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)).

(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.

(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.

(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.

(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.

(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:

(a) Operates the installed NO x emission controls in accordance with primary vendor specifications and procedures, with the unit operating under normal conditions; and

(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 .

(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.

(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.

(52)  "Owner" means any of the following persons:

(a) Any holder of any portion of the legal or equitable title in an affected unit.

(b) Any holder of a leasehold interest in an affected unit.

(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.

(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.

(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.

(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 .

(55)  "Phase I" means the acid rain program period beginning January 1, 1995 and ending December 31, 1999.

(56)  "Phase II" means the acid rain program period beginning January 1, 2000 and continuing into the future.

(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.

(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) .

(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.

(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:

(a) A power sales agreement.

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

1. Enter into a power sales agreement with the facility;

2. Purchase from the facility; or

3. Enter into arbitration concerning the facility for the purpose of establishing terms and conditions of the utility's purchase of power.

(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.

(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.

(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.

(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.

(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.

(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:

(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

(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.

(63)  "Qualifying facility" means a qualifying small power production facility or qualifying cogeneration facility.

(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 .

(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:

(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

(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.

(66)  "Qualifying repowering technology" means:

(a) Replacement of an existing coal-fired boiler with one of the clean coal technologies; or

(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.

(67)  "Qualifying small power production facility" means a facility which is an eligible solar, wind, waste or geothermal facility, or a facility which:

(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

(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.

(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.

(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.

(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.

(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 .

(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.

(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.

(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.

(74)  "Secretary of energy" means the secretary of the United States department of energy or the secretary's duly authorized representative.

(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.

(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 ).

(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.

(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:

(a) Materials recovery facilities, including primary or secondary smelters which combust waste for the primary purpose of recovering metals.

(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.

(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.

(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.

(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:

(a) In person.

(b) By the United States postal service.

(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.

(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.

(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 .

(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.

(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.

(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.

(81m)  ``Turbo-fired boiler" means a pulverized coal, wall-fired boiler with burners arranged on walls so that the individual flames extend down toward the furnace bottom and then turn back up through the center of the furnace.

(82)  "Unit" means a fossil fuel-fired combustion device.

(83)  "Unit account" means an allowance tracking system account, established by the administrator for an affected unit pursuant to 40 CFR 73.31 (a) or (b).

(84)  "Utility" means any person that sells electricity.

(85)  "Utility competitive bid solicitation" means a public request from a regulated utility for offers to the utility for meeting future generating needs. A qualifying facility or independent power production facility may be regarded as having been "selected" in the solicitation if the utility has named the facility as a project with which the utility intends to negotiate a power sales agreement.

(86)  "Utility regulatory authority" means an authority, board, commission or other entity, limited to the local-, state- or federal-level, whenever so specified, responsible for overseeing the business operations of utilities located within its jurisdiction, including, but not limited to, utility rates and charges to customers.

(87)  "Utility unit" means a unit owned or operated by a utility that serves a generator that produces electricity for sale or that, during 1985, served a generator that produced electricity for sale, except as provided in pars. (a) and (b) :

(a) A unit that was in operation during 1985, but did not serve a generator that produced electricity for sale during 1985, and did not commence commercial operation on or after November 15, 1990 is not a utility unit for purposes of the acid rain program.

(b) A unit that cogenerates steam and electricity is not a utility unit for purposes of the acid rain program unless the unit is constructed for the purpose of supplying, or commences construction after November 15, 1990 and supplies, more than one-third of its potential electrical output capacity and more than 25 MWe output to any power distribution system for sale.

(88)  ``Vertically fired boiler" means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are horizontal or at an angle. This definition shall include dry bottom roof-fired boilers and dry bottom top-fired boilers, and shall exclude dry bottom arch-fired boilers and dry bottom turbo-fired boilers.

(89)  ``Wall-fired boiler" means a boiler that has pulverized coal burners arranged on the walls of the furnace. The burners have discrete, individual flames that extend perpendicularly into the furnace area.

(90)  ``Wet bottom" means having ash removal from the furnace in a molten state. The term ``wet bottom boiler" shall include: wet bottom wall-fired boilers, including wet bottom turbo-fired boilers; and wet bottom boilers otherwise meeting the definition of vertically fired boilers, including wet bottom arch-fired boilers, wet bottom roof-fired boilers, and wet bottom top-fired boilers. The term ``wet bottom boiler" shall exclude cyclone boilers and tangentially fired boilers.

History: Cr. Register, September, 1986, No. 369 , eff. 10-1-86; r. and recr., renum. from NR 407.02 (5) to (12), (14), (15), (18), (19), (21), (23) to (30), (33), (34) to be (10), (11), (15), (19), (22), (26), (28),(29), (37), (38), (47), (48), (50), (55), (56), (64), (66), (69) to (72), (78), (79) and am. (72), (78), (79), Register, April, 1995, No. 472 , eff. 5-1-95 ; am. (76) (intro.), Register, December, 1995, No. 480 , eff. 1-1-96; am. (2) (a) 2. a., r. (6), Register, December, 1996, No. 492 , eff. 1-1-97; cr. (2) (b), (12g), (12m), (12s), (17m), (20m), (21m), (32g), (32m), (32s), (35h), (35p), (39m), (43h), (43p), (44m), (46h), (46p), (49m), (51g), (51m), (51s), (56m), (61m), (67m), (74h), (74p), (76m), (79m), (81m), (88), (89), (90), am. (4), (12), (20), (34), (59) (c), (77) (b) and (c), Register, November, 1999, No. 527 , eff. 12-1-99; CR 02-146 : am. (34) Register October 2003 No. 574 , eff. 11-1-03.

Note

Arch-fired boilers that are wet bottom boilers are specifically excluded from this definition. Microsoft Windows NT 6.1.7601 Service Pack 1 Any low NO x retrofit of a cell burner boiler that reuses the existing cell burner, close-coupled wall opening configuration would not change the designation of the unit as a cell burner boiler. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of DOE's Form EIA-767 may be obtained for personal use from: Microsoft Windows NT 6.1.7601 Service Pack 1 DOE/EIA Microsoft Windows NT 6.1.7601 Service Pack 1 Office of Coal, Nuclear, Electric and Alternative Fuels Microsoft Windows NT 6.1.7601 Service Pack 1 Electric Power Division Microsoft Windows NT 6.1.7601 Service Pack 1 1000 Independence Avenue SW Microsoft Windows NT 6.1.7601 Service Pack 1 Washington, DC 20585-0650 Microsoft Windows NT 6.1.7601 Service Pack 1