Section 145.2. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Account certificate of representation—The completed and signed submission certifying the designation of a NO_x authorized account representative for a NO_x budget source or a group of identified NO_x budget sources who is authorized to represent the owners and operators of the sources and of the NO_x budget units at the sources with regard to matters under the NO_x Budget Trading Program.

Account number—The identification number given by the Administrator to each NO_x Allowance Tracking System account.

Acid rain emissions limitation—A limitation on emissions of sulfur dioxide or NO_x under the Acid Rain Program under Title IV of the Clean Air Act (42 U.S.C.A. § § 7651—7651o).

Act—The Air Pollution Control Act (35 P. S. § § 4001—4015).

Administrator—The Administrator of the EPA or the Administrator’s authorized representative.

Allocate or allocation—The determination by the Department of the number of NO_x allowances to be initially credited to a NO_x budget unit or an allocation set-aside.

Boiler—An enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam or other medium.

CAA—The Clean Air Act (42 U.S.C.A. § § 7401—7642).

CEMS—continuous emission monitoring system—The equipment required under this subchapter and Chapter 139 (relating to sampling and testing) to sample, analyze, measure and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of NO_x emissions, expressed in pounds per hour for NO_x. The following systems are component parts included, consistent with this subchapter and 40 CFR Part 75 (relating to continuous emission monitoring), in a continuous emission monitoring system:

(i) Flow monitor.

(ii) NO_x pollutant concentration monitors.

(iii) Diluent gas monitor (O₂ or CO₂).

(iv) A continuous moisture monitor.

(v) A DAHS.

Combined cycle system—A system comprised of one or more combustion turbines, heat recovery steam generators and steam turbines configured to improve overall efficiency of electricity generation or steam production.

Combustion turbine—An enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

Commence commercial operation—With regard to a unit that serves a generator, to have begun to produce steam, gas or other heated medium used to generate electricity for sale or use, including test generation.

(i) Except as provided in § 145.4(b), § 145.5 or § § 145.80—145.88 (relating to applicability; and opt-in process), for a unit that is a NO_x budget unit under § 145.4 on the date the unit commences commercial operation, the date shall remain the unit’s date of commencement of commercial operation even if the unit is subsequently modified, reconstructed or repowered.

(ii) Except as provided in § 145.4(b), § 145.5 or § § 145.80—145.88, for a unit that is not a NO_x budget unit under § 145.4 on the date the unit commences commercial operation, the date the unit becomes a NO_x budget unit under § 145.4 is the unit’s date of commencement of commercial operation.

Commence operation—To have begun any mechanical, chemical or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber.

(i) Except as provided in § 145.4(b), § 145.5 or § § 145.80—145.88, for a unit that is a NO_x budget unit under § 145.4 on the date of commencement of operation, the date shall remain the unit’s date of commencement of operation even if the unit is subsequently modified, reconstructed or repowered.

(ii) Except as provided in § 145.4(b), § 145.5 or § § 145.80—145.88, for a unit that is not a NO_x budget unit under § 145.4 on the date of commencement of operation, the date the unit becomes a NO_x budget unit under § 145.4 shall be the unit’s date of commencement of operation.

Common stack—A single flue through which emissions from two or more units are exhausted.

Compliance account—A NO_x Allowance Tracking System account for a NO_x budget unit under this subchapter, in which the NO_x allowance allocations for the unit are initially recorded and in which are held NO_x allowances available for use by the unit for a control period for the purpose of meeting the unit’s NO_x budget emissions limitation.

Compliance certification—A submission to the Department and the Administrator that is required under this subchapter to report a NO_x budget source’s or a NO_x budget unit’s compliance or noncompliance with this subchapter and that is signed by the NO_x authorized account representative in accordance with this subchapter.

Control period—The period beginning May 1 of a year and ending on September 30 of the same year, inclusive.

DAHS—automated data acquisition and handling system—The component of the CEMS, or other emissions monitoring system approved for use under this subchapter and Chapter 139, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subchapter.

Electricity for sale under firm contract to the electric grid—Electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.

Emissions—Air contaminants exhausted from a unit or source into the atmosphere as determined in accordance with this subchapter.

Energy Information Administration—The Energy Information Administration of the United States Department of Energy.

Excess emissions—Any tonnage of NO_x emitted by a NO_x budget unit during a control period that exceeds the NO_x budget emissions limitation for the unit.

Fossil fuel—Natural gas, petroleum, coal, or any form of solid, liquid or gaseous fuel derived from this material.

Fossil fuel-fired—With regard to a unit, one of the following:

(i) For units that commenced operation before January 1, 1996, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995.

(ii) For units that commenced operation on or after January 1, 1996, and before January 1, 1997, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996.

(iii) For units that commence operation on or after January 1, 1997, one of the following:

(A) The combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year.

(B) The combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during any year, provided that the unit shall be ‘‘fossil fuel-fired’’ as of the date, during that year, on which the unit begins combusting fossil fuel.

General account—A NO_x Allowance Tracking System account, established under this subchapter, that is not a compliance account or an overdraft account.

Generator—A device that produces electricity.

Heat input—The product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1 million Btu and multiplied by the fuel feed rate into a combustion device (in mass of fuel/time) as determined in accordance with this subchapter, and does not include the heat derived from preheated combustion air, recirculated flue gases or exhaust from other sources.

Heat input rate—The amount of heat input (in mmBtu) divided by unit operating time or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

Life-of-the-unit, firm power contractual arrangement—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 from any specified unit and pays its proportional amount of the unit’s total costs, pursuant to a contract for one of the following:

(i) The life of the unit.

(ii) A cumulative term of at least 30 years, including contracts that permit an election for early termination.

(iii) 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 is 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.

Maximum design heat input—The ability of a unit to combust a stated maximum amount of fuel per hour (in mmBtu/hr) on a steady state basis, as determined by the physical design and physical characteristics of the unit.

Maximum potential hourly heat input—An hourly heat input (in mmBtu/hr) used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use 40 CFR Part 75, Appendix D (relating to optional SO₂ emissions data protocol for gas) to report heat input, this value shall be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value shall be reported, in accordance with 40 CFR Part 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration (in % CO₂) or the minimum oxygen concentration (in % O₂).

Maximum potential NO_x emission rate—The emission rate of NO_x (in lb/mmBtu) calculated in accordance with 40 CFR Part 75, Appendix F, Section 3 (relating to procedure for NO_x emission rate), using the maximum potential NO_x concentration as defined in 40 CFR Part 75 Appendix A, Section 2 (relating to equipment specifications), and either the maximum O₂ concentration (in % O₂) or the minimum carbon dioxide concentration (in % CO₂).

Maximum rated hourly heat input—A unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer’s maximum rated hourly heat input or the highest observed hourly heat input.

Monitoring system—A monitoring system that meets the requirements of this subchapter, including a CEMS, an excepted monitoring system or an alternative monitoring system.

Most stringent State or Federal NO_x emissions limitation—With regard to a NO_x budget opt-in source, the lowest NO_x emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.

Nameplate capacity—The maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.

NO_x allowance—An authorization by the Department under the NO_x Budget Trading Program to emit up to 1 ton of NO_x during the control period of the specified year or of any year thereafter, except as provided under § 145.54(f) (relating to compliance). No provision of the NO_x Budget Trading Program, any permit, or an exemption under § 145.4(b) or § 145.5 and no provision of law will be construed to limit the authority of the Department or the Administrator to terminate or limit the authorization, which does not constitute a property right. For purposes of all sections of this subchapter except § § 145.41—145.43 and 145.88, NO_x allowance also includes an authorization to emit up to 1 ton of NO_x during the control period of the specified year or of any year thereafter by the Department or the Administrator.

NO_x allowance deduction or deduct NO_x allowances—The permanent withdrawal of NO_x allowances from a NO_x Allowance Tracking System compliance account or overdraft account to account for the number of tons of NO_x emissions from a NO_x budget unit for a control period, determined in accordance with this subchapter, or for any other allowance surrender obligation under this subchapter.

NO_x allowances held or hold NO_x allowances—The NO_x allowances recorded or submitted for recordation, in accordance with this subchapter, in a NO_x Allowance Tracking System account.

NO_x Allowance Tracking System—The system for recording allocations, deductions and transfers of NO_x allowances under the NO_x Budget Trading Program.

NO_x Allowance Tracking System account—An account in the NO_x Allowance Tracking System for purposes of recording the allocation, holding, transferring or deducting of NO_x allowances.

NO_x allowance transfer deadline—Midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which NO_x allowances may be submitted for recordation in a NO_x budget unit’s compliance account, or the overdraft account of the source where the unit is located, to meet the unit’s NO_x budget emissions limitation for the control period immediately preceding the deadline.

NO_x authorized account representative—For a NO_x budget source or NO_x budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NO_x budget units at the source, in accordance with this subchapter, to represent and legally bind each owner and operator in matters pertaining to the NO_x Budget Trading Program or, for a general account, the natural person who is authorized, in accordance with this subchapter, to transfer or otherwise dispose of NO_x allowances held in the general account.

NO_x Budget Administrator—The person or agency designated by the Department to administer the NO_x Budget Trading Program. This person may be the Administrator of the EPA.

NO_x budget emissions limitation—For a NO_x budget unit, the tonnage equivalent of the NO_x allowances available for compliance deduction for the unit and for a control period under § 145.54(a), (b), (e) and (f) adjusted by any deductions of the NO_x allowances to account for actual heat input under § 145.42(e) (relat ing to NO_x allowance allocations) for the control period or to account for excess emissions for a prior control period under § 145.54(d) or to account for withdrawal from the NO_x Budget Trading Program, or for a change in regulatory status, for a NO_x budget opt-in source under § 145.86 or § 145.87 (relating to opt-in source withdrawal from NO_x Budget Trading Program; and opt-in source change in regulatory status).

NO_x budget opt-in source—A unit that has been elected to become a NO_x budget unit under the NO_x Budget Trading Program and whose NO_x budget opt-in approval has been issued and is in effect under this subchapter.

NO_x budget source—A source that includes one or more NO_x budget units.

NO_x Budget Trading Program—A multistate NO_x air pollution control and emission reduction program established in accordance with this subchapter, as a means of mitigating the interstate transport of ozone and NO_x, an ozone precursor.

NO_x budget unit—A unit that is subject to the NO_x Budget Trading Program emissions limitation under § 145.4 or § 145.80 (relating to application for opt-in sources).

Operating—With regard to a unit under § 145.80 (relating to application for opt-in sources), having documented heat input for more than 876 hours in the 6 months immediately preceding the submission of an application for an initial NO_x budget opt-in approval under § 145.83 (relating to applying for NO_x budget opt-in approval). The unit’s documented heat input will be determined in accordance with 40 CFR Part 75 (relating to continuous emission monitoring) if the unit was otherwise subject to 40 CFR Part 75 during that 6-month period or will be based on the best available data reported to the Administrator for the unit if the unit was not otherwise subject to the requirements of 40 CFR Part 75 during that 6-month period.

Operator——A person who operates, controls or supervises a NO_x budget unit, a NO_x budget source or unit for which an application for a NO_x budget opt-in approval under § 145.83 is submitted and not denied or withdrawn and shall include, but not be limited to, a holding company, utility system or plant manager of a unit or source.

Opt-in—To elect to become a NO_x budget unit under the NO_x Budget Trading Program through a final, effective NO_x budget opt-in approval under this subchapter.

Overdraft account—The NO_x Allowance Tracking System account established under this subchapter for each NO_x budget source where there are two or more NO_x budget units.

Owner—Any of the following persons:

(i) A holder of any portion of the legal or equitable title in a NO_x budget unit or in a unit for which an application for a NO_x budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.

(ii) A holder of a leasehold interest in a NO_x budget unit or in a unit for which an application for a NO_x budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.

(iii) A purchaser of power from a NO_x budget unit or from a unit for which an application for a NO_x budget opt-in approval under § 145.83 is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, an owner may 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 NO_x budget unit or the unit for which an application for a NO_x budget opt-in approval under § 145.83 is submitted and not denied or withdrawn.

(iv) With respect to any general account, a person who has an ownership interest with respect to the NO_x allowances held in the general account and who is subject to the binding agreement for the NO_x authorized account representative to represent that person’s ownership interest with respect to NO_x allowances.

Percent monitor data availability—For the purposes of § § 145.43(a)(1) and 145.84(2) (relating to compliance supplement pool; and opt-in procedures), the total unit operating hours for which quality-assured data were recorded under this subchapter in a control period, divided by the total unit operating hours during the control period, and multiplied by 100%.

Potential electrical output capacity—Thirty-three percent of a unit’s maximum design heat input.

Receive or receipt of—When referring to the Department, the Administrator or the NO_x Budget Administrator to come into possession of a document, 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 document, information or correspondence, by the Department or Administrator in the regular course of business.

Recordation, record or recorded—With regard to NO_x allowances, the movement of NO_x allowances from one NO_x Allowance Tracking System account to another, for purposes of allocation, transfer or deduction.

Reference method—A direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR Part 60, Appendix A (relating to specifications and test).

Serial number—When referring to NO_x allowances, the unique identification number assigned to each NO_x allowance, under § 145.53(c).

Source—A governmental, institutional, commercial or industrial structure, installation, plant, building or facility that emits or has the potential to emit a regulated air pollutant under the Clean Air Act. For purposes of section 502(c) of the Clean Air Act (42 U.S.C.A. § 7661a(c)), a source, including a source with multiple units, shall be considered a single facility.

State—One of the 48 contiguous states and the District of Columbia that adopts a NO_x Budget Trading Program. The term shall have its conventional meaning where the meaning is clear from the context.

State trading program budget—The total number of NO_x tons apportioned to all NO_x budget units in a given state, in accordance with the NO_x Budget Trading Program, for use in a given control period.

Submit or serve—To send or transmit a document, information or correspondence to the person specified in accordance with the applicable regulation by one of the following methods:

(i) In person.

(ii) By United States Postal Service.

(iii) By other means of dispatch or transmission and delivery. Except where otherwise expressly provided, 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.

Ton or tonnage—A ‘‘short ton’’ (that is, 2,000 pounds). For the purpose of determining compliance with the NO_x budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with this subchapter, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal 1 ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.

Unit—A fossil fuel-fired stationary boiler, combustion turbine or combined cycle system.

Unit operating day—A calendar day in which a unit combusts any fuel.

Unit operating hour or hour of unit operation—Any hour (or fraction of an hour) during which a unit combusts any fuel.

Notation

Cross References

This section cited in 25 Pa. Code § 129.201 (relating to boilers); 25 Pa. Code § 129.204 (relating to emission accountability); 25 Pa. Code § 145.4 (relating to applicability); 25 Pa. Code § 145.5 (relating to retired unit exemption); 25 Pa. Code § 145.70 (relating to general monitoring requirements); 25 Pa. Code § 145.81 (relating to opt-in source general provisions); and 25 Pa. Code § 145.83 (relating to applying for a NO_x budget opt-in approval).