40 cfr part 72-permits regulation

8/20/2019 40 Cfr Part 72-Permits Regulation

1/88

5

SUBCHAPTER C—AIR PROGRAMS—(Continued)

PART 72—PERMITS REGULATION

Subpart A—Acid Rain Program GeneralProvisions

Sec.72.1 P urpose and scope.72.2 Definitions.72.3 Measurements, abbreviati ons, and acro-

nyms.72.4 F ederal authority.

72.5 State authority.72.6 Applicability.72.7 New unit s exemption.72.8 Retir ed units exemption.72.9 Standard requirements.72.10 Availabili ty of information.72.11 Computation of ti me.72.12 Administr ative appeals.72.13 Incorporati on by reference.72.14 Industri al util it y-units exempti on.

Subpart B—Designated Representative

72.20 Aut horizati on and responsibil it ies of the designated representati ve.

72.21 Submissions.72.22 A lt ernate designated representati ve.72.23 Changing the designated representa-

tive, alternate designated representative;changes in the owners and operators.

72.24 Certi ficate of representati on.72.25 Objections.

Subpart C—Acid Rain Permit Applications

72.30 Requirement to apply.72.31 Information requirements for A cid

Rain permit applications.72.32 P ermit application shield and binding

effect of permit appli cation.72.33 Identi ficati on of dispatch system.

Subpart D—Acid Rain Compliance Planand Compliance Options

72.40 General.72.41 P hase I substi tuti on plans.72.42 P hase I extension plans.72.43 P hase I r educed uti li zati on plans.72.44 P hase II repoweri ng extensions.

Subpart E—Acid Rain Permit Contents

72.50 General.72.51 P ermit shield.

Subpart F—Federal Acid Rain PermitIssuance Procedures

72.60 General.

72.61 Completeness.

72.62 Draft permit .

72.63 Administrati ve record.72.64 Statement of basis.

72.65 P ublic noti ce of opportuni ti es for pub-lic comment.

72.66 P ubli c comments.

72.67 Opport unit y for publi c heari ng.

72.68 Response to comments.

72.69 I ssuance and effective date of acid rainpermits.

Subpart G—Acid Rain Phase IIImplementation

72.70 Relationship to t it le V operating per-mit program.

72.71 Acceptance of State Acid Rain pro-grams— general.

72.72 Crit eri a for St ate operating permitprogram.

72.73 State issuance of Phase I I permit s.

72.74 F ederal issuance of Phase I I permit s.

Subpart H—Permit Revisions

72.80 General.

72.81 P ermit modifi cations.

72.82 F ast-tr ack modifications.

72.83 Administrati ve permit amendment.72.84 Aut omati c permit amendment.

72.85 P ermit reopenings.

Subpart I—Compliance Certification

72.90 Annual compli ance certi fication re-port.

72.91 P hase I unit adjusted utili zati on.

72.92 P hase I uni t all owance surrender.

72.93 Uni ts with P hase I extension plans.72.94 Uni ts with repoweri ng extension

plans.

72.95 A ll owance deduction formul a.72.96 Administrator’s action on compli ance

certifications.

A P P E N D I X A T O P A RT 72— M E T H OD OL O G Y F O RA N N U A L I Z A T I O N OF E M I S S I O N S L I M I T S

AP P E N D I X

B T O

PA RT

72— ME T H O D OL O G Y F O R

CO N V E R S I O N O F E M I S S I O N S L I M I T SA P P E N D I X C T O P A RT 72— A C T U A L 1985 Y E A R L Y

SO2 E M I S S I O N S CA L C U L A T I O NA P P E N D I X D T O P A RT 72— CA L C U L A T I O N OF P O-

T E NT I A L E L E C T R I C OU T P U T CA P A C I T Y

A U T H O R I T Y : 42 U.S.C. 7601 and 7651 et seq.

SO UR CE: 58 F R 3650, J an. 11, 1993, unlessotherwise noted.

VerDate 112000 05:39 Aug 15, 2000 Jkt 190146 PO 00000 Frm 00005 Fmt 8010 Sfmt 8010 Y:\SGML\190146T.XXX pfrm03 PsN: 190146T


2/88

6

40 CFR Ch. I (7–1–00 Edition)§72.1

Subpart A—Acid Rain ProgramGeneral Provisions

§ 72.1 Purpose and scope.

(a) Purpose. T he purpose of thi s partis to establish certain general provi-sions and the operating permit pro-gram requirements for affected sourcesand affected units under the Acid RainProgram, pursuant to title IV of theClean Air A ct, 42 U.S.C. 7401, et seq., asamended by P ubl ic L aw 101–549 (No-vember 15, 1990).

(b) Scope. T he regulat ions under thi spart set forth certain generally appli-cable provisions under the Acid RainP rogram. T he regulat ions also setforth requirements for obtaining threetypes of Acid Rain permits, duringP hases I and II , for which an affectedsource may apply: Acid Rain permitsissued by the United States Environ-mental P rotecti on Agency duri ngP hase I; the Acid R ain port ion of anoperating permit issued by a State per-mitting authority during Phase II; andthe Acid Rain portion of an operatingpermi t i ssued by E P A when it i s thepermitting authority during Phase II.

T he requirements under thi s part sup-

plement, and in some cases modify, therequi rements under parts 70 and 71 of this chapter and other regulations im-plementing title V for approving andimplementing State operating permitprograms and for F ederal i ssuance of operating permits under title V, assuch requirements apply to affectedsources under t he Acid Rai n P rogram.

[58 F R 3650, J an. 11, 1993, as amended at 62F R 55475, Oct . 24, 1997]

§ 72.2 Definitions.

T he t erms used in thi s par t, in part s73, 74, 75, 76, 77 and 78 of thi s chapt ershall have the meanings set forth inthe Act, including sections 302 and 402

of the Act, and in this section as fol-lows:Account nu mber means the identifica-

tion number given by the Adminis-trator to each Allowance TrackingSystem account pursuant to §73.31(d)of thi s chapter.Ac id Rain compl iance opt ion means

one of the methods of compliance usedby an affected unit under t he Acid R ainP rogram as described in a compli ance

plan submitted and approved in accord-ance with subpart D of this part, part74 of this chapter or part 76 of thischapter.Ac id R ain emissions l imi ta t ion means:(1) F or purposes of sulfur dioxide

emissions:(i) T he tonnage equivalent of t he al-

lowances authorized to be allocated toan affected unit for use in a calendaryear under sect ion 404(a)(1), (a)(3), and(h) of the Act , or the basic Phase I I al-lowance allocations authorized to beallocated to an affected unit for use in

a calendar year, or the allowances au-thorized to be allocated to an opt-insource under secti on 410 of the Act foruse in a calendar year;

(ii ) As adjusted:(A) By allowances allocated by the

Administrator pursuant to section 403,secti on 405 (a)(2), (a)(3), (b)(2), (c)(4),(d)(3), and (h)(2), and section 406 of theAct;

(B) By allowances allocated by theAdministrator pursuant to subpart D of thi s part ; and thereafter

(C) By allowance transfers to or fromthe compliance subaccount for thatunit that were recorded or properlysubmit ted for recordati on by the allow-

ance transfer deadline as provided in§73.35 of this chapter, after deductionsand other adjustments are made pursu-ant to §73.34(c) of this chapter; and

(2) F or purposes of ni tr ogen oxidesemissions, the applicable limitationunder part 76 of this chapter.Acid Rain emissions reduct ion require-

ment means a requirement under theAcid Rai n P rogram to reduce the emis-sions of sulfur dioxide or nitrogen ox-ides from a unit to a specified level orby a specified percentage.Ac id Rai n permi t or permi t means the

legally binding written document orportion of such document, includingany permit revisions, that is issued by

a permitting authority under this partand specifi es the Acid Rain P rogramrequirements applicable to an affectedsource and to the owners and operatorsand the designated representative of the affected source or the affected unit.Ac id Ra in P rog ram means the na-

tional sulfur dioxide and nitrogen ox-ides air poll uti on contr ol and emissionsreduction program established in ac-cordance with title IV of the Act, this



3/88

7

Environmental Protection Agency § 72.2

part, and par ts 73, 74, 75, 76, 77, and 78of thi s chapter.Ac t means the Clean Air Act, 42

U.S.C. 7401, et seq. as amended by P ub-l ic L aw N o. 101–549 (November 15, 1990).Ac tua l SO 2 emissions rate means the

annual average sulfur dioxide emis-sions rate for the unit (expressed in lb/mmBtu), for the specified calendaryear; prov ided that, if the unit is listedin the NA DB, the ‘‘1985 actual SO2emissions rate’’ for the unit shall bethe rate specifi ed by t he Administ ratorin the NADB under the data field

‘‘SO2RT E.’’Add -on con t ro l means a pollution re-

duction control technology that oper-ates independent of the combustionprocess.Add i t i ona l advance auc t i on means the

auction of advance allowances thatwere offered the previous year for salein an advance sale.Admin i s t r a to r means the Adminis-

trator of the United States Environ-mental P rotecti on Agency or the Ad-ministrator’s duly authorized rep-resentative.Advance a l lowance means an allow-

ance that may be used for purposes of compliance with a unit’s Acid Rain sul-

fur dioxide emissions limitation re-quirements beginning no earlier thanseven years following the year in whichthe all owance is fir st offered for sale.Adv ance auc t ion means an auction of

advance allowances.A dvan ce sale means a sale of advance

allowances.A ff ected sour ce means a source that

includes one or more affected units.Affected States means any affected

States as defined in part 71 of thischapter.Af fec ted u n i t means a unit that is

subject to any Acid Rain emissions re-duction requirement or Acid Rainemissions limitation under §72.6 or

part 74 of this chapter.Af f i l i a t e shall have the meaning set

fort h in section 2(a)(11) of the Publi cUtility Holding Company Act of 1935, 15U.S.C. 79b(a)(11), as of November 15,1990.Al loca te or a l loca t ion means the ini-

tial crediting of an allowance by theAdministrator to an Allowance Track-ing System unit account or general ac-count.

Al lowab le SO 2 emission s ra te means themost stringent federally enforceableemissions limitation for sulfur dioxide(in lb/mmBtu) applicable to the unit orcombustion source for the specifiedcalendar year, or for such subsequentyear as determined by the Adminis-tr ator where such a li mit ati on does notexist for the specified year; providedthat, if a Phase I or Phase II unit isl isted in t he NADB, the ‘‘1985 al lowableSO2 emissions rate’’ for t he P hase I orP hase II unit shall be the rate specifi edby the Administrator in the NADB

under the data fi eld ‘‘1985 annual izedboil er SO2 emission l imit .’’Al lowance means an authori zation by

the Administrator under t he Acid R ainP rogram to emit up to one ton of sul-fur dioxide during or after a specifiedcalendar year.Al lowance deduc t ion , or deduc t when

referring to allowances, means the per-manent withdrawal of allowances bythe Administrator from an Allowance

T rack ing System compl iance sub-account, or future year subaccount, toaccount for the number of tons of SO2emissions from an affected unit for t hecalendar year, for tonnage emissionsestimates calculated for periods of

missing data as provided in part 75 of this chapter, or for any other allow-ance surrender obligations of the AcidRain Program.Al lowances he ld or ho ld a l lowances

means the allowances recorded by theAdministrator, or submitt ed to t he Ad-ministrator for recordation in accord-ance with §73.50 of this chapter, in anAllowance Tracking System account.A llow an ce reserve means any bank of

allowances established by the Adminis-trator in the Allowance Tracking Sys-tem pursuant to sections 404(a)(2)(P hase I extension reserve), 404(g) (en-ergy conservation and renewable en-ergy reserve), or 416(b) (special allow-

ance reserve) of the Act, and imple-mented in accordance wit h part 73, sub-part B of thi s chapter.Al lowance Track ing Sys tem or ATS

means the Acid Rai n P rogram systemby which the Administrator allocates,records, deducts, and tracks allow-ances.Al lowance Track ing Sys tem account

means an account in the Allowance T rack ing System establ ished by the



4/88

8

40 CFR Ch. I (7–1–00 Edition)§72.2

Administrator for purposes of allo-cating, holding, t ransferr ing, and usingallowances.Al lowance t rans fe r dead l ine means

midnight of March 1 (or F ebruary 29 inany leap year) or, if such day is not abusiness day, midnight of the firstbusiness day thereafter and i s the dead-line by which allowances may be sub-mitted for recordation in an affectedunit’s compliance subaccount for thepurposes of meeting the unit’s AcidRain emissions limitation require-ments for sulfur dioxide for the pre-

vious calendar year.Al te rna t i ve mon i to r i ng system means a

system or a component of a system de-signed to provide direct or indirectdata of mass emissions per time period,pollutant concentrations, or volu-metric flow, that is demonstrated tothe Administrator as having the sameprecision, reliability, accessibility, andtimeliness as the data provided by acert ifi ed CEMS or cert ifi ed CEMS com-ponent in accordance with part 75 of thi s chapter.As- f i red means the taking of a fuel

sample just prior to its introductioninto the unit for combustion.Auct ion subaccount means a sub-

account in the Special Allowance Re-serve, as speci fi ed in section 416(b) of the Act, which contains allowances tobe sold at auction in the amount of 150,000 per year from cal endar year 1995through 1999, inclusi ve, and 200,000 peryear for each year begnning in cal endaryear 2000, subject to the adjustmentsnoted in the regulations in part 73, sub-part E of this chapter.Author ized account representa t ive

means a responsible natural personwho is authorized, in accordance withpart 73 of this chapter, to transfer andotherwise dispose of allowances held inan Al lowance T rack ing System generalaccount; or, in the case of a unit ac-

count, the designated representative of the owners and operators of the af-fected unit .Au tomated da ta acqu i s i t i on and h an -

dl i ng system means that component of the CEMS, COMS, or other emissionsmonitoring system approved by the Ad-ministrator for use in the Acid RainP rogram, designed to int erpret andconvert individual output signals frompollutant concentration monitors, flow

monitors, diluent gas monitors, opac-ity monitors, and other componentparts of the monitoring system toproduce a continuous record of themeasured parameters in the measure-ment units required by part 75 of thischapter.Awa r d means the conditional set-

aside by the Administrator, based onthe submission of an early ranking ap-plication pursuant to subpart D of thispart , of an al lowance from t he Phase Iextension reserve, for possible future

all ocati on to a P hase I extension appli-cant’s Allowance Tracking Systemunit account.Backup fu el means a fuel for a unit

where: (1) F or purposes of t he require-ments of the monitoring exception of appendix E of part 75 of this chapter,the fuel provi des less than 10.0 percentof the heat input to a unit during thethree calendar years prior to certifi-cation testing for the primary fuel andthe fuel provi des less than 15.0 percentof the heat input to a unit in each of those three calendar years; or the Ad-ministrator approves the fuel as abackup fuel; and (2) F or al l other pur-poses under the Acid Rain P rogram, a

fuel that is not the primary fuel (ex-pressed in mmBtu) consumed by an af-fected unit for the applicable calendaryear.Basel ine means the annual average

quantity of fossil fuel consumed by aunit, measured in millions of British

T hermal Uni ts (expressed in mmBtu)for calendar years 1985 through 1987;provided that i n the event t hat a unit i sli sted in t he NA DB, the baseli ne wil l becalculated for each unit -generator pairthat includes the unit, and the unit’sbaseline will be the sum of such unit-generator baselines. The unit -gener-ator baseline will be as provided in the

NADB under the data field‘‘BA SE 8587’’ , as adjusted by t he outagehours listed in the NADB under thedata fi eld ‘‘OUT AGE HR ’’ i n accordancewith the foll owing equati on:

Basel ine = BASE 8587 × {26280 / (26280¥OUTAGEHR)} × {36 / (36 ¥ months noton line)} × 106

‘‘Months not on line’’ is the numberof months during J anuary 1985 through



5/88

9


December 1987 prior to the commence-ment of firing for units that com-menced firing in that period, i.e., thenumber of months, in t hat period, priorto the on-line month listed under thedata field ‘‘BL RMNONL ’’ and the on-line year listed in the data field‘‘BL RY RONL ’’ in the NADB.Bas ic Phase I I a l lowance a l loca t ions

means:(1) F or calendar years 2000 through

2009 inclusive, allocations of allow-ances made by the Administrator pur-suant to secti on 403 and secti on 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 ).

(2) F or each calendar year beginni ngin 2010, allocations of allowances madeby the Administrator pursuant to sec-t ion 403 and sect ion 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 ).Bias means systematic error, result-

ing in measurements that will be ei-ther consistently low or high relativeto the reference value.Boi le r means an enclosed fossil or

other fuel-fired combustion device usedto produce heat and to transfer heat to

recirculating water, steam, or anyother medium.By pass opera t i ng quar te r means a cal-

endar quarter during which emissionspass through a stack, duct or flue thatbypasses add-on emission contr ols.B y-p ass stack means any duct, stack,

or conduit through which emissionsfrom an affected unit may or do pass tothe atmosphere, which either augmentsor substitutes for the principal stackexhaust system or ductwork duringany port ion of the unit’s operat ion.Cal ib ra t i on er ro r means the difference

between:(1) The response of gaseous moni tor

to a calibration gas and the known

concentr ati on of the calibrat ion gas;(2) The response of a flow moni tor to

a reference signal and the known valueof the reference signal; or

(3) T he response of a cont inuousopacity monitoring system to an at-tenuation fi lt er and the known value of the filter after a stated period of oper-ation during which no unscheduledmaintenance, repair, or adjustmenttook place.

Cal ib ra t i on gas means:(1) A standard reference material;(2) A standard reference material-

equivalent compressed gas primary ref-erence material;

(3) A NIST tr aceable reference mate-rial;

(4) NI ST /EP A-approved cert ifi ed ref-erence materials;

(5) A gas manufacturer’s inter-mediat e standard;

(6) An E P A protocol gas;(7) Zero air material ; or

(8) A research gas mixture.Capac i ty fac to r means either: (1) the

ratio of a unit’s actual annual electricoutput (expressed in MWe-hr) to theunit’s nameplate capacity times 8760hours, or (2) the rat io of a unit ’s annualheat input (in million British thermalunits or equivalent units of measure)to the unit’s maximum design heatinput (in million British thermal unitsper hour or equivalent units of meas-ure) times 8,760 hours.CEM S precision or pr ecis ion as applied

to the monitoring requirements of part75 of this chapter, means the closenessof a measurement to the actual meas-ured value expressed as the uncer-

tainty associated with repeated meas-urements of the same sample or of dif-ferent samples from the same process(e.g., the random error associated withsimultaneous measurements of a proc-ess made by more than one instru-ment). A measurement technique is de-termined to have increasing ‘‘preci-sion’’ as the variation among the re-peated measurements decreases.Cent ro ida l area means a representa-

tional concentric area that is geo-metr ically similar t o the stack or ductcross section, and is not greater than 1percent of the stack or duct cross-sec-tional area.Cert i f icate of representat ion means the

completed and signed submission re-quired by §72.20, for certifying the ap-pointment of a designated representa-tive for an affected source or a group of identified affected sources authorizedto represent the owners and operatorsof such source(s) and of the affectedunits at such source(s) with regard tomatters under the Acid Rai n Pr ogram.Cer t i fy i ng of f ic ia l , for purposes of part

73 of this chapter, means:



6/88

10

40 CFR Ch. I (7–1–00 Edition)§72.2

(1) For a corporat ion, a president,secretary, treasurer, or vice-presidentof the corporation in charge of a prin-cipal business function, or any otherperson who performs similar policy ordecision-making functions for the cor-poration;

(2) F or partnership or sole propri etor -ship, a general partner or the propri-etor, respectively; and

(3) F or a l ocal government entit y orSt ate, F ederal , or ot her publi c agency,either a principal executive officer orrank ing elected official.Coal means all solid fuels classified

as anthracite, bituminous, subbitumin-ous, or li gnite by the American Societyfor Testing and Materials DesignationAST M D388–92 ‘‘St andard Classifi cat ionof Coals by Rank’’ (as incorporated byreference in §72.13).Coal-der ived fuel means any fuel,

whether in a solid, liquid, or gaseousstate, produced by the mechanical,thermal, or chemical processing of coal(e.g., pulverized coal, coal refuse,liquified or gasified coal, washed coal,chemically cleaned coal, coal-oil mix-tures, and coke).Coal - f i red means the combustion of

fuel consisting of coal or any coal-de-

rived fuel (except a coal-derived gas-eous fuel that meets the definition of ‘‘very low sulfur fuel’’ in this section),alone or in combination with any otherfuel, where:

(1) F or purposes of the requir ementsof part 75 of this chapter, a unit is‘‘coal-fired’’ independent of the per-centage of coal or coal-derived fuelconsumed in any calendar year (ex-pressed in mmBt u); and

(2) F or al l ot her purposes under t heAcid Rai n P rogram, except for pur-poses of applying part 76 of this chap-ter, a uni t i s ‘‘coal-f ir ed’’ i f it uses coalor coal-derived fuel as its primary fuel(expressed in mmBtu); prov ided that, if

the unit is li sted in the NADB , the pri -mary fuel is the fuel listed in theNADB under the data field‘‘PR IM EF UEL ’’.Cogenera t ion un i t means a unit that

has equipment used to produce electricenergy and forms of useful thermal en-ergy (such as heat or steam) for indus-trial, commercial, heating or coolingpurposes, through the sequential use of energy.

Combust ion sour ce means a stationaryfossil fuel fired boiler, turbine, or in-ternal combustion engine that has sub-mitted or intends to submit an opt-inpermit application under §74.14 of thischapter to enter the Opt-i n P rogram.Commence commercia l operat ion means

to have begun to generate electricityfor sale, including the sale of test gen-eration.Commence constru ct ion means that an

owner or operator has either under-taken a continuous program of con-struct ion or has entered int o a contrac-

tual obligation to undertake and com-plete, within a reasonable time, a con-ti nuous program of constr uction.Commence operat ion means to have

begun any mechanical, chemical, orelectronic process, including start-upof an emissions control technology oremissions monitor or of a unit’s com-bustion chamber.Common stack means the exhaust of

emissions from two or more unitsthrough a single fl ue.Compensat ing un i t means an affected

unit that is not otherwise subject toAcid Rain emissions limitation or AcidRain emissions reduction requirementsduring P hase I and that is designated

as a P hase I unit in a reduced util iza-tion plan under §72.43; provided that anopt-in source shall not be a compen-sati ng unit .Compl iance cer t i f i ca t ion means a sub-

mission to the Administrator or per-mitting authority, as appropriate, thatis required by this part, by part 73, 74,75, 76, 77, or 78 of this chapter, to reportan affected source or an affected unit’scompliance or non-compliance with aprovision of the Acid Rain Programand that is signed and verified by thedesignated representative in accord-ance with subparts B and I of this partand the Acid Rain P rogram regulati onsgenerally.Compl iance p lan , for the purposes of

the Aci d Rai n P rogram, means the doc-ument submitted for an affected sourcein accordance with subpart C of thispart or subpart E of part 74 of thischapter, or part 76 of this chapter,specifying the method(s) (including oneor more Acid Rain compliance optionsas provided under subpart D of thispart or subpart E of part 74 of thischapter, or part 76 of this chapter by



7/88

11


which each affected unit at the sourcewill meet the applicable Acid Rainemissions limitation and Acid Rainemissions reduction requirements.Complia nce subaccoun t means the sub-

account i n an affected unit ’s A ll owance T rack ing System account , establi shedpursuant to §73.31 (a) or (b) of thischapter, in which are held, from thedate that allowances for the currentcalendar year are recorded under§73.34(a) unti l December 31, al lowancesavailable for use in the current cal-endar year and, after December 31 until

the date that deductions are madeunder §73.35(b), al lowances avai lablefor use by the unit in the preceding cal-endar year, for the purpose of meetingthe Acid Rain emissions limitation forsulfur dioxide.Complia nce use date means the first

calendar year for which an allowancemay be used for purposes of meeting aunit’s Acid Rain emissions limitationfor sulfur dioxide.Cond i t i ona l l y va l i d da ta means data

from a continuous monitoring systemthat are not quality assured, but whichmay become quality assured if certainconditions are met. Examples of datathat may qualify as conditi onall y vali d

are: data recorded by an uncertifiedmonitoring system prior to its initialcert ifi cation; or data recorded by a cer-tified monitoring system following asignificant change to the system thatmay affect its ability to accuratelymeasure and record emissions. A moni-toring system must pass a proba-tionary calibration error test, in ac-cordance with section 2.1.1 of appendixB to part 75 of this chapter, to initiatethe conditionally valid data status. Inorder for conditionally valid emissiondata to become quality assured, one ormore quality assurance tests or diag-nostic tests must be passed within aspecified time period in accordance

wi th §75.20(b)(3).Conserva t ion Ver i f i ca t ion Pro toco l

means a methodology developed by theAdministrator for calculating the kilo-watt hour savings from energy con-servation measures and improved unitefficiency measures for the purposes of tit le IV of the Act.Const ruc t ion means fabrication, erec-

tion, or installation of a unit or anyport ion of a unit.

Consumer Pr ice Index or CPI means,for purposes of the Acid Rain P rogram,the U.S. Department of L abor, Bureauof L abor St ati stics unadjusted Con-sumer P ri ce I ndex for A ll Urban Con-sumers for the U.S. city average, forAll Items on the latest reference base,or if such index is no longer published,such other index as the Administratorin his or her discretion determinesmeets the requirements of the CleanA ir Act Amendments of 1990.

(1) CPI (1990) means the CPI for allurban consumers for the month of Au-gust 1989. T he ‘‘CP I (1990)’’ is 124.6(wi th 1982–1984=100). Beginning in themonth for which a new reference baseis establi shed, ‘‘CP I (1990)’’ wi l l be theCP I value for August 1989 on the newreference base.

(2) CPI (yea r ) means the CPI for allurban consumers for the month of Au-gust of the previous year.Cont in uou s emission moni tor i ng system

o r CEM S means the equipment requiredby part 75 of this chapter used to sam-ple, analyze, measure, and provide, byreadings tak en at least once every 15minutes, a permanent record of emis-sions, expressed in pounds per hour (lb/hr) for sulfur dioxide and in pounds permillion British thermal units (lb/mmBtu) for ni tr ogen oxides. The fol-lowing systems are component partsincluded in a continuous emission mon-itoring system:

(1) Sulfur dioxide pollutant con-centrati on monitor;

(2) F low monitor ;(3) Nitrogen oxides pollutant con-

centrati on monitors;(4) Diluent gas monitor (oxygen or

carbon dioxi de);(5) A continuous moisture monitor

when such monitoring is required bypart 75 of this chapter; and

(6) A data acquisition and handling

system.Cont inuous opac i ty mon i to r ing sys tem

o r COM S means the equipment requiredby part 75 of this chapter to sample,measure, analyze, and provide, withreadings taken at least once every 6minutes, a permanent record of opacityor transmittance. The following sys-tems are component parts included in acontinuous opacity monitoring system:

(1) Opacity monitor; and



8/88

12

40 CFR Ch. I (7–1–00 Edition)§72.2

(2) A data acquisition and handlingsystem.Con t ro l un i t means a unit employing

a quali fyi ng Phase I technology in ac-cordance wit h a Phase I extension planunder §72.42.Curren t year subaccount means the

subaccount in an Allowance TrackingSystem general account, establishedpursuant to §73.31(c) of this chapter, inwhich are held allowances that may betransferred to a unit’s compliance sub-account for use for the purpose of meeting the Acid Rain sulfur dioxide

emissions li mitat ion.Customer means a purchaser of elec-

tricity not for the purposes of retrans-mission or resale. F or generat ing ruralelectrical cooperatives, the customersof the distribution cooperatives servedby the generating cooperative will beconsidered customers of the generatingcooperative.Decis ional body means any EP A em-

ployee who is or may reasonably be ex-pected to act in a decision-making rolein a proceeding under part 78 of thischapter, including the Administrator, amember of the Environmental AppealsBoard, and a P residing Officer, and anystaff of any such person who are par-

ti cipating in the decisional process.D emand-side measur e means a meas-

ure:(1) To improve the effici ency of con-

sumption of electricity from a utilityby customers of the uti li ty ; or

(2) T o reduce the amount of consump-tion of electricity from a utility bycustomers of the utility without in-creasing the use by the customer of fuel other than: Biomass (i.e., combus-tible energy-producing materials frombiological sources, which include wood,plant residues, biological wastes, land-fill gas, energy crops, and eligible com-ponents of municipal solid waste),solar, geothermal, or wind resources;

or industrial waste gases where theparty making the submission involvedcertifies that there is no net increasein sulfur dioxide emissions from theuse of such gases. ‘‘Demand-side meas-ure’’ includes the measures listed inpart 73, appendix A , sect ion 1 of t hischapter.D esigna ted representat ive means a re-

sponsible natural person authorized bythe owners and operators of an affected

source and of all affected units at thesource or by the owners and operatorsof a combustion source or processsource, as evidenced by a certificate of representation submitted in accord-ance with subpart B of this part, torepresent and legally bind each ownerand operator , as a matter of F ederallaw, in matters pertaining to the AcidRain P rogram. Whenever the term ‘‘re-sponsible official’’ is used in part 70 of this chapter, in any other regulationsimplementing title V of the Act, or ina State operating permit program, it

shall be deemed to refer to the ‘‘des-ignated representative’’ with regard toall matters under the Acid Rain Pro-gram.Desu l f u r i za t i on refers to various pro-

cedures whereby sulfur is removedfrom petroleum during or apart fromthe refining process. ‘‘Desulfurization’’does not include such processes as dilu-tion or blending of low sulfur contentdiesel fuel with high sulfur content die-sel fuel from a diesel refinery not eli gi-ble under 40 CF R part 73, subpart G.Di esel - f i r ed un i t means, for the pur-

poses of part 75 of this chapter, an oil-fired unit that combusts diesel fuel asits fuel oil, where the supplementary

fuel, if any, shall be limited to naturalgas or gaseous fuels containing nomore sulfur than natural gas.D iesel fu el means a low sulfur fuel oil

of grades 1–D or 2–D, as defi ned by theAmerican Society for Testing and Ma-terials standard A ST M D975–91,‘‘Standard Specification for DieselF uel Oi ls,’’ grades 1–GT or 2–GT , as de-fi ned by AST M D2880–90a, ‘‘Standar dSpecifi cation for Gas Turbine F uelOils,’’ or grades 1 or 2, as defined byAST M D396–90a, ‘‘St andar d Specif ica-ti on for F uel Oil s’’ (incorporated byreference in §72.13).Di esel recip roca t in g eng ine un i t means

an internal combustion engine that

combusts only diesel fuel and thatthereby generates electricity throughthe operation of pistons, rather thanby heating steam or water.Di luen t gas means a major gaseous

consti tuent i n a gaseous poll utant mix-ture, which in the case of emissionsfrom fossil fuel-fired units are carbondioxide and oxygen.Di luen t gas moni to r means that com-

ponent of the continuous emission



9/88


10/88

14

40 CFR Ch. I (7–1–00 Edition)§72.2

Ex par te communica t ion means anycommunication, written or oral, relat-ing to the merits of an adjudicatoryproceeding under part 78 of this chap-ter, that was not originally included orstated in the administrative record, ina pleading, or i n an evidenti ary hearingor oral argument under part 78 of thischapter, between the decisional bodyand any interested person outsi de EP Aor any EPA trial staff. Ex parte com-munication shall not include:

(1) Communicat ion between EP A em-ployees other t han between EP A tr ialstaff and a member of the decisionalbody; or

(2) Communication between thedecisional body and interested personsoutside the Agency, or EPA trial staff,where all parties to the proceedinghave received prior written notice of the proposed communication and aregiven an opportunity to be present andto participate therein.Excepted monitor ing system means a

monitoring system that follows theprocedures and requirements of §75.19of thi s chapter or of appendix D or E topart 75 for approved exceptions to theuse of continuous emission monitoring

systems.Ex cess emi ssion s means:(1) Any tonnage of sulfur dioxide

emitted by an affected unit during acalendar year that exceeds the AcidRai n emissions limit ation for sulfur di-oxide for t he unit ; and

(2) Any tonnage of nitrogen oxideemitted by an affected unit during acalendar year that exceeds the annualtonnage equivalent of the Acid Rainemissions limitation for nitrogen ox-ides appli cable to the affected unit tak -ing into account the unit’s heat inputfor t he year.Ex ist i ng un i t means a unit (including

a uni t subject to secti on 111 of the Act)

that commenced commercial operationbefore November 15, 1990 and that on orafter November 15, 1990 served a gener-ator with nameplate capacity of great-er than 25 MWe. ‘‘Exist ing unit ’’ doesnot include simple combustion turbinesor any unit that on or after November15, 1990 served onl y generators with anameplat e capacit y of 25 MWe or less.Any ‘‘existi ng unit’’ that is modified,reconstructed, or repowered after No-

vember 15, 1990 shal l cont inue to be an‘‘existi ng uni t .’’Fac i l i t y means any institutional,

commercial, or industrial structure, in-stallation, plant, source, or building.Fi le means to send or transmit a doc-

ument, information, or correspondenceto the official custody of the personspecifi ed to t ake possession i n accord-ance with the applicable regulation.Compliance wit h any ‘‘fi li ng’’ deadlineshall be determined by the date thatperson receives the document, informa-ti on, or cor respondence.Flow meter accura cy means the close-

ness of the measurement made by aflow meter to the reference value of the fuel flow being measured, expressedas the difference between the measure-ment and the reference value.F low mon i t o r means a component of

the continuous emission monitoringsystem that measures the volumetricflow of exhaust gas.F lue means a conduit or duct through

which gases or other matter are ex-hausted to the atmosphere.Fl ue gas desul fu r i zat ion system means

a type of add-on emission control usedto remove sulfur dioxide from flue gas,commonly referred to as a ‘‘scrubber.’’For ced out age means the removal of a

unit from service due to an unplannedcomponent failure or other unplannedcondition that requires such removalimmediately or within 7 days from theonset of the unplanned component fail-ure or conditi on. F or purposes of §§72.43, 72.91, and 72.92, ‘‘forced outage’ ’also includes a partial reduction in theheat input or electrical output due toan unplanned component failure orother unplanned condition that re-quires such reduction immediately orwithin 7 days from the onset of the un-planned component failure or condi-tion.Fossi l f uel means natural gas, petro-

leum, coal, or any form of solid, liquid,or gaseous fuel derived from such ma-terial.Fossi l fuel- f i r ed means the combusti on

of fossil fuel or any derivative of fossilfuel, alone or in combination with anyother fuel, independent of the percent-age of fossil fuel consumed in any cal-endar year (expressed in mmBt u).Fue l f lowmeter QA opera t ing quar te r

means a unit operating quarter in



11/88

15


which the unit combusts the fuel meas-ured by the fuel flowmeter for at least168 unit operating hours (as defined inthi s secti on) or more.Fue l o i l means any petroleum-based

fuel (including diesel fuel or petroleumderivatives such as oil tar) as definedby the American Society for Testingand Materials in A ST M D396–90a,‘‘Standard Specifi cation for F uel Oil s’’(incorporated by reference in §72.13),and any recycled or blended petroleumproducts or petroleum by-productsused as a fuel whether in a liquid, solid

or gaseous state; prov ided that for pur-poses of the monitoring requirementsof part 75 of this chapter, ‘‘fuel oil’’shall be limited to the petroleum-basedfuels for which applicable ASTM meth-ods are specif ied in Appendices D, E , orF of part 75 of thi s chapter.Fu el supply agr eement means a legally

binding agreement between a new IP Por a fir m associated with a new IP Pand a fuel supplier that establishes theterms and conditions under which thefuel supplier commits to provide fuelto be deli vered to the new IP P .Fu tu re year subaccoun t means a sub-

account in an Allowance Tracking Sys-tem account, establi shed by the Ad-

ministrator pursuant to §73.31 of thischapter, in which allowances are heldfor one of the 30 years following thelater of 1995 or a current calendar yearfol lowing 1995.Gas-f i red means:(1) F or al l purposes under the Acid

Rain P rogram, except for part 75 of thi s chapter, t he combusti on of:

(i) Natural gas or other gaseous fuel(including coal-derived gaseous fuel),for at least 90.0 percent of the unit’saverage annual heat input during theprevious three calendar years and forat least 85.0 percent of the annual heatinput in each of those calendar years;and

(ii) Any fuel, except coal or solid orli quid coal-derived fuel, for t he remain-ing heat i nput, if any.

(2) F or purposes of part 75 of thischapter, the combustion of:

(i) Natural gas or other gaseous fuel(including coal-derived gaseous fuel)for at least 90.0 percent of the unit’saverage annual heat input during theprevious three calendar years and forat least 85.0 percent of the annual heat

input in each of those calendar years;and

(ii ) Fuel oi l, for the remaining heatinput, if any.

(3) F or purposes of part 75 of thischapter, a unit may init iall y quali fy asgas-fired if the designated representa-ti ve demonstr ates to the sati sfacti on of the Administrator that the require-ments of paragraph (2) of this defini-tion are met, or will in the future bemet, through one of the following sub-missions:

(i) F or a unit for which a monitori ngplan has not been submitted under§75.62 of t hi s chapter, t he designat edrepresentative submits either:

(A) F uel usage data for the unit forthe three calendar years immediatelypreceding the date of initial submis-sion of the monitoring plan for t he unitunder §75.62; or

(B) I f a uni t does not have fuel usagedata for one or more of the three cal-endar years immediately preceding thedate of initial submission of the moni-toring plan for the unit under §75.62,the unit’s designated fuel usage; allavailable fuel usage data (including thepercentage of the unit’s heat input de-

rived from the combustion of gaseousfuels), beginning with the date onwhich the unit commenced commercialoperation; and the unit’s projected fuelusage.

(ii) F or a unit for which a monit oringplan has already been submitted under§75.62, that has not qualified as gas-fired under paragraph (3)(i) of this defi-nition, and whose fuel usage changes,the designated representative submitseither:

(A) T hree calendar years of data fol -lowing the change in the unit’s fuelusage, showing that no less than 90.0percent of the unit’s average annualheat input during the previous three

calendar years, and no less than 85.0percent of t he unit’s annual heat inputduring any one of the previous threecalendar years, is from the combustionof gaseous fuels and the remaini ng heatinput is from the combustion of fueloil; or

(B) A minimum of 720 hours of unitoperating data following the change inthe unit’s fuel usage, showing that noless than 90.0 percent of the unit’s heat



12/88

16

40 CFR Ch. I (7–1–00 Edition)§72.2

input is from the combustion of gas-eous fuels and the remaining heatinput is from the combustion of fueloil, and a statement that this changedpattern of fuel usage is considered per-manent and is projected to continue forthe foreseeable future.

(iii) If a unit qualifies as gas-firedunder paragraph (3)(i) or (ii) of this def-inition, the unit is classified as gas-fired as of the date of the submissionunder such paragraph.

(4) F or purposes of part 75 of this

chapter, a unit that initially qualifiesas gas-fired under paragraph (3)(i) or(ii) of this definition must meet thecriteria in paragraph (2) of this defini-tion each year in order to continue toquali fy as gas-fired. If such a unit com-busts only gaseous fuel and fuel oil butfails to meet such criteria for a givenyear, the unit no longer qualifies asgas-fir ed starti ng J anuary 1 of the yearafter the first year for which the cri-teria are not met. If such a unit com-busts fuel other than gaseous fuel orfuel oil and fails to meet such criteriain a given year, the unit no longerqualifies as gas-fired starting the dayafter the first day for which the cri-

teria are not met. If a unit failing tomeet the criteria in paragraph (2) of this definition initially qualified as agas-fired unit under paragraph (3) of this definit ion, the unit may qualify asa gas-fired unit for a subsequent yearonly if the designated representativesubmits the data specified in paragraph(3)(ii)(A) of this definition.Gas manufac tu rer ’s in te rmed ia te stan d-

a rd (GMI S) means a compressed gascalibration standard that has been as-sayed and certified by direct compari-son to a standard reference material(SRM), an SRM-equivalent PRM, aNI ST /EP A-approved cert ifi ed referencematerial (CRM), or a NIST traceable

reference material (NT RM), in accord-ance with secti on 2.1.2.1 of t he ‘‘EP A

T raceabil i ty P rotocol for Assay andCertification of Gaseous CalibrationStandards,’’ September 1997, E P A–600/R–97/121.Gaseous fu el means a material that is

in the gaseous state at standard atmos-pheric temperature and pressure condi-tions and that is combusted to produceheat.

General account means an Allowance T rack ing System account that is not aunit account.Generator means a device that pro-

duces electricity and was or wouldhave been required to be reported as agenerating unit pursuant to the UnitedStates Depart ment of E nergy F orm 860(1990 edit ion).Genera to r Outpu t capac i ty means the

full-load continuous rating of a gener-ator under specific conditions as de-signed by the manufacturer.

Hear ing c le rk means an EP A em-ployee designated by the Adminis-trator to establish a repository for allbooks, records, documents, and othermaterials relating to proceedings underpart 78 of this chapter.Hea t inpu t means the product (ex-

pressed in mmBtu/time) of the grosscalorific value of the fuel (expressed inBtu/lb) and the fuel feed rate into thecombustion device (expressed in massof fuel/time) and does not include theheat derived from preheated combus-tion air, recirculated flue gases, or ex-haust from other sources.Hour before and af te r means, for pur-

poses of the missing data substitution

procedures of part 75 of this chapter,the quality-assured hourly SO2 or CO2concentration, hourly flow rate, orhourly NOX emission rate recorded by acertified monitor during the unit oper-ating hour immediately before and theunit operating hour immediately aftera missing data period.Hyb r i d gene ra t i on fac i l i t y means a

plant that generates electrical energyderi ved from a combinati on of qualifi edrenewable energy (wind, solar, biomass,or geothermal) and one or more otherenergy resources.Independent aud i to r means a profes-

sional engineer who is not an employee

or agent of the source being audited.In dependent Power Produc t i on Fac i l i t y

( I PP ) means a source that:(1) I s nonrecourse proj ect financed, as

defined by the Secretary of Energy at10 CF R part 715;

(2) I s used for the generati on of elec-tricity, eighty percent or more of which is sold at wholesale; and

(3) Is a new unit required to hold al-lowances under T it le IV of the Clean



13/88

17


Air Act; but only if direct public util-ity ownership of the equipment com-prising the facility does not exceed 50percent.I nt erested person means any person

who submitted written comments ortestified at a public hearing on thedraft permit or other matter subject tonotice and comment under the AcidRain P rogram or any person who sub-mitted his or her name to the Adminis-trator or the permitting authority, asappropriate, to be placed on a list of persons interested in such matter. T heAdministrator or the permitting au-thority may update the list of inter-ested persons from time to time by re-questing additional written indicationof continued interest from the personslisted and may delete from the list thename of any person failing to respondas requested.I n vesto r -own ed u t i l i t y means a utility

that is organized as a tax-paying for-profit business.K i l owa t t h ou r saved or savings means

the net savings in electricity use (ex-pressed in K wh) that result di rectlyfrom a utility’s energy conservationmeasures or programs.

L east-cost plan or least -cost p lann ing pr ocess means an energy conservationand electric power planning method-ology meeting the requirements of §73.82(a)(4) of thi s chapter.L i f e -o f - t he-un i t , f i rm power con t rac tua l

ar rangement means a unit participationpower sales agreement under which autility or industrial customer reserves,or is entitled to receive, a specifiedamount or percentage of nameplate ca-pacity and associat ed energy generat edby any specified generating unit andpays its proportional amount of suchunit’s total costs, pursuant to a con-tract:

(1) F or the li fe of the unit ;

(2) F or a cumulat ive term of no lessthan 30 years, including contracts thatpermit an election for early termi-nation; or

(3) F or a peri od equal to or greaterthan 25 years or 70 percent of the eco-nomic useful life of the unit deter-mined as of the time the unit wasbuilt, with option rights to purchase orrelease some portion of the nameplatecapacity and associated energy gen-

erated by the unit at the end of the pe-riod.L ow mass emissions un it means an af-

fected unit that is a gas-fired or oil-fired unit, burns only natural gas orfuel oil and qualifies under §75.19 of thi s chapter.M ai l or serve by mai l means to submit

or serve by means other than personalservice.M ax imum poten t i a l h ou r l y hea t inpu t

means an hourly heat input used for re-porting purposes when a unit lacks cer-tified monitors to report heat input. If

the unit intends to use appendix D of part 75 of this chapter to report heatinput, this value should be calculated,in accordance with part 75 of this chap-ter, using the maximum fuel flow rateand the maximum gross calori fic value.If the unit intends to use a flow mon-itor and a diluent gas monitor, thisvalue should be report ed, in accordancewith part 75 of this chapter, using themaximum potential flow rate and ei-ther the maximum carbon dioxide con-centrati on (in percent CO2) or the min-imum oxygen concentration (in percentO2).M ax imum poten t i a l NO X emission rat e

means the emission rate of nitrogen

oxides (in lb/mmBtu) calculated in ac-cordance with section 3 of appendix Fof part 75 of this chapter, using themaximum potential nitrogen oxidesconcentration as defined in section 2 of appendix A of part 75 of this chapter,and either the maximum oxygen con-centration (in percent O2) or the min-imum carbon dioxide concentration (inpercent CO2) under all operating condi-tions of the unit except for unit start-up, shutdown, and upsets.M ax imum ra ted hou r l y hea t inpu t

means a unit-specifi c maximum hourl yheat input (mmBtu) which is the high-er of the manufacturer’s maximumrated hourly heat input or the highest

observed hourly heat input.M issing dat a per iod means the total

number of consecutive hours duringwhich any component part of a cer-tified CEMS or approved alternativemonitoring system is not providingquality-assured data, regardless of thereason.M on i t o r accu racy means the closeness

of the measurement made by a CEMSor by one of its component part s to the



14/88

18

40 CFR Ch. I (7–1–00 Edition)§72.2

reference value of the emissions or vol-umetric flow being measured, ex-pressed as the difference between themeasurement and the reference value.M on i t o r opera t i ng hou r means any

unit operating hour or portion thereof over which a CEMS, or other moni-toring system approved by the Admin-ist rator under part 75 of thi s chapter isoperating, regardless of the number of measurements (i.e., data points) col-lected during the hour or portion of anhour.M ost st r i ngent federa l l y enforceable

emissions l imitat ion means the moststringent emissions limitation for agiven pollutant applicable to the unit,which has been approved by t he Admin-istrator under the Act, whether in aState implementation plan approvedpursuant to title I of the Act, a newsource performance standard, or other-wise. To determine the most stri ngentemissions limitation for sulfur dioxide,each limitation shall be converted tolbs/mmBtu, using the appropriate con-version factors in appendix B of thispart; prov ided that for determining themost stringent emissions limitation forsulfur dioxide for 1985, each limitationshall also be annualized, using the ap-

propriate annualization factors in ap-pendix A of thi s part .M ul t i -header genera to r means a gener-

ator served by ductwork from morethan one unit.M u l t i - header un i t means a unit with

ductwork serving more than one gener-ator.Namepla te capaci ty means the max-

imum electri cal generat ing output (ex-pressed in MWe) that a generator cansustain over a specified period of timewhen not restricted by seasonal orother deratings, as listed in the NADBunder t he data field ‘‘NA MECAP ’’ i f the generator is listed in the NADB oras measured in accordance with the

United States Department of Energystandards if the generator is not listedin the NADB.Na t i ona l A l l owance Da ta Base or

NADB means the data base establishedby the Administrator under section402(4)(C) of the Act.Natu ra l gas means a naturally occur-

ring fluid mixture of hydrocarbons(e.g., methane, ethane, or propane) pro-duced in geological formations beneath

the Earth’s surface that maintains agaseous state at standard atmospherictemperature and pressure under ordi-nary conditions. Natural gas contains1.0 grain or less of hydrogen sulfide per100 standard cubic feet and the hydro-gen sulfide constitutes more than 50%(by weight) of the total sulfur in thegas fuel. Additionally, natural gasmust meet either be composed of atleast 70% methane by volume or have agross calorific value between 950 and1100 Btu per standard cubic foot. Nat-ural gas does not i nclude the following

gaseous fuels: landfil l gas, digester gas,refinery gas, sour gas, blast furnacegas, coal-derived gas, producer gas,coke oven gas, or any gaseous fuel pro-duced in a process which might resultin highly variable sulfur content orheating value.NER C region means the North Amer-

ican Electr ic Reli abil it y Council regionor, if any, subregion.Net income neut ra l i t y means, in the

case of energy conservation measuresundertaken by an investor-owned util-ity whose rates are regulated by aState utility regulatory authority,rates and charges established by theState utility regulatory authority that

ensure that the net income earned bythe utility on its State-jurisdictionalequity investment will be no lower as aconsequence of its expenditures oncost-effective qualified energy con-servation measures and any associatedlost sales than it would have been hadthe uti li ty not made such expenditures,or that the State uti li ty r egulatory au-thority has implemented a ratemakingapproach designed to meet this objec-tive.New independent power produc t ion f a-

c i l i t y or new I PP means a unit that :(1) Commences commercial operat ion

on or after November 15, 1990;(2) I s nonrecourse proj ect-fi nanced,

as defi ned in 10 CF R part 715;(3) Sells 80% of electricity generated

at whol esale; and(4) Does not sell electri cit y t o any af-

filiate or, if it does, demonstrates itcannot obtain the required allowancesfrom such an affili ate.New un i t means a unit that com-

mences commercial operation on orafter N ovember 15, 1990, i ncluding anysuch unit that serves a generator with



15/88

19


a nameplate capacity of 25 MWe or lessor that is a simple combustion turbine.Ninet ieth (90th) percent i le means a

value that would divide an ordered setof increasing values so that at least 90percent are less than or equal to thevalue and at least 10 percent are great-er than or equal t o the value.Nin ety - f i f t h (95th ) percent i le means a

value that would divide an ordered setof increasing values so that at least 95percent of the set are less than or equalto the value and at least 5 percent aregreater t han or equal t o the value.NI ST/EPA -approved cer t i f ied r efe rence

mater ia l or NIST/EPA-approved CRM

means a calibration gas mixture thathas been approved by E P A and the Na-tional Institutes of Standards and

T echnologies (NI ST ) as havi ng specifi cknown chemical or physical propertyvalues certified by a technically validprocedure as evidenced by a certificateor other documentation issued by acert ify ing standard-sett ing body.NI ST tr aceable reference mater ia l

(NTRM) means a calibration gas mix-ture tested by and certified by the Na-tional Institutes of Standards and

T echnologies (NI ST ) to have a certainspecified concentration of gases.

NT RMs may have different concentra-tions from those of standard referencematerials.Off set p lan means a plan pursuant to

part 77 of this chapter for offsetting ex-cess emissions of sulfur dioxide thathave occurred at an affected unit inany calendar year.Oi l - f i r ed means:(1) F or al l purposes under the Acid

Rain P rogram, except part 75 of thi schapter, the combustion of:

(i) F uel oi l for more than 10.0 percentof the average annual heat input dur-ing the previous three calendar yearsor for more than 15.0 percent of the an-nual heat input during any one of those

calendar years; and(ii) Any solid, liquid or gaseous fuel

(including coal-derived gaseous fuel),other than coal or any other coal-de-rived solid or liquid fuel, for the re-maining heat i nput, if any.

(2) F or purposes of part 75 of thischapter, combustion of only fuel oiland gaseous fuels, provided that theunit involved does not meet the defini-ti on of gas-fir ed.

Opac i t y means the degree to whichemissions reduce the transmission of light and obscure the view of an objectin the background.Opera t ing when referring to a com-

bustion or process source seek ing entryint o the Opt-in P rogram, means thatthe source had documented consump-tion of fuel input for more than 876hours in the 6 months immediately pre-ceding the submission of a combustionsource’s opt-in application under§74.16(a) of this chapter.Opera t ing permi t means a permit

issued under part 70 of this chapter andany other regulations implementingtit le V of the Act.Opt in o r op t in t o means to elect to

become an affected unit under the AcidRain P rogram through the issuance of the final effective opt-in permit under§74.14 of this chapter.Opt - i n permi t means the legally bind-

ing written document that is containedwithin the Acid Rain permit and setsforth the requirements under part 74 of this chapter for a combustion source ora process source that opts into theAcid Rain Program.Opt- in source means a combustion

source or process source that has elect-ed to become an affected unit under theAcid Rai n P rogram and whose opt-inpermit has been issued and is in effect.Out-o f -con t ro l per iod means any pe-

riod:(1) Beginning with the hour cor-

responding to the completion of a dailycalibration error, linearity check, orquality assurance audit that indicatesthat the instrument is not measuringand recording within the applicableperformance specifications; and

(2) Ending with the hour cor-responding to the completion of an ad-ditional calibration error, linearitycheck, or quality assurance audit fol-

lowing corrective action that dem-onstrates that the instrument is meas-uri ng and recording wit hin t he appli ca-ble performance specifications.Oversubscr ip t ion payment dead l ine

means 30 calendar days prior to the al-lowance transfer deadl ine.Owner means any of the following

persons:(1) Any holder of any portion of the

legal or equitable title in an affected



16/88

20

40 CFR Ch. I (7–1–00 Edition)§72.2

unit or in a combustion source or proc-ess source; or

(2) Any hol der of a l easehold int erestin an affected unit or in a combustionsource or process source; or

(3) Any purchaser of power from anaffected unit or from a combustionsource or process source under a l ife-of-the-unit, firm power contractual ar-rangement as the term is defined here-in and used in section 408(i) of the Act.However, unless expressly provided forin a leasehold agreement, owner shallnot include a passive lessor, or a person

who has an equitable interest throughsuch lessor, whose rental payments arenot based, either directly or indirectly,upon the revenues or income from theaffected unit; or

(4) Wit h respect t o any A ll owance T rack ing Sy stem general account , anyperson identified in the submission re-quired by §73.31(c) of this chapter thatis subject to the binding agreement forthe authorized account representativeto represent that person’s ownershipint erest wi th respect to all owances.Ow ner or opera to r means any person

who is an owner or who operates, con-trols, or supervises an affected unit, af-fected source, combustion source, or

process source and shall include, butnot be limited to, any holding com-pany, utility system, or plant managerof an affected unit, affected source,combustion source, or process source.Ozone nonat ta inment area means an

area designated as a nonattainmentarea for ozone under subpart C of part81 of this chapter.Ozon e season means the period of

time beginning May 1 of a year andending on September 30 of the sameyear, incl usive.Ozone t ranspor t reg ion means the

ozone transport region designatedunder Secti on 184 of t he Act .Peak ing un i t means:

(1) A uni t t hat has:(i) An average capacity factor of no

more than 10.0 percent during the pre-vious three calendar years and

(ii) A capacity factor of no more than20.0 percent in each of those calendaryears.

(2) F or purposes of part 75 of thischapter, a unit may ini ti ally qualify asa peaking unit if the designated rep-resentative demonstrates to the satis-

faction of the Administrator that therequirements of paragraph (1) of thisdefinit ion are met, or wi ll in t he futurebe met, through one of the followingsubmissions:

(i) F or a unit for which a monitori ngplan has not been submitted under§75.62, the designated representativesubmit s eit her:

(A) Capacity factor data for the unitfor the three calendar years imme-diately preceding the date of initialsubmission of the monitoring plan forthe unit under §75.62; or

(B) I f a unit does not have capacityfactor data for one or more of the threecalendar years immediately precedingthe date of initial submission of themonitoring plan for the unit under§75.62, all available capacity factordata, beginning with the date on whichthe unit commenced commercial oper-ation; and projected capacity factordata.

(ii) F or a unit for which a monit oringplan has already been submitted under§75.62, that has not qual i fi ed as a peak -ing unit under paragraph (2)(i) of thisdefinition, and where capacity factorchanges, the designated representativesubmit s eit her:

(A) T hree calendar years of data fol -lowing the change in the unit’s capac-it y factor showing an average capacityfactor of no mor e than 10.0 percent dur-ing the three previous calendar yearsand a capacity factor of no more than20.0 percent in each of those calendaryears; or

(B) One calendar year of data fol-lowing the change in the unit’s capac-ity factor showing a capacity factor of no more than 10.0 percent and a state-ment that this changed pattern of op-eration resulting in a capacity factorless than 10.0 percent is considered per-manent and is projected to continue forthe foreseeable fut ure.

(3) F or purposes of part 75 of thischapter, a unit that initially qualifiesas a peaking unit must meet the cri-teria in paragraph (1) of this definitioneach year in order to continue to qual-ify as a peaking unit. If such a unitfails to meet such criteria for a givenyear, the unit no longer qualifies as apeaki ng unit starting J anuary 1 of theyear after the year for which the cri-teria are not met. If a unit failing to



17/88

21


meet the criteria in paragraph (1) of this definition initially qualified as apeaking unit under paragraph (2) of this definit ion, the unit may qualify asa peaking unit for a subsequent yearonly if the designated representativesubmits the data specified in paragraph(2)(ii)(A) of this definition.Permi t rev ision means a permit modi-

fication, fast track modification, ad-ministrative permit amendment, orautomatic permit amendment, as pro-vided in subpart H of t his part.Permi t t i ng au tho r i t y means either:

(1) When the Administrator is respon-sible for administering Acid Rain per-mits under subpart G of this part, theAdministrator or a delegatee agencyauthorized by the Administrator; or

(2) The State air pollution controlagency, local agency, other State agen-cy, or other agency authorized by theAdministrator to administer Acid Rainpermits under subpart G of this partand part 70 of this chapter.Person includes an individual, cor-

poration, partnership, association,State, municipality, political subdivi-sion of a State, any agency, depart-ment, or i nstrumentali ty of the UnitedStates, and any officer, agent, or em-

ployee thereof.Phase I means the Acid Rai n Pro-

gram period beginni ng J anuary 1, 1995and endi ng December 31, 1999.Phase I u n i t means any affected unit,

except an affected unit under part 74 of this chapter, that is subject to an AcidRain emissions reduction requirementor Acid Rain emissions limitation be-ginning in P hase I; or any uni t exemptunder §72.8 that, but for such exemp-tion, would be subject to an Acid Rainemissions reduction requirement orAcid Rain emissions limitation begin-ning in P hase I .Phase I I means the Acid Rai n Pro-

gram peri od beginni ng J anuary 1, 2000,

and continuing into the future there-after.Phase I I un i t means any affected unit,

except an affected unit under part 74 of this chapter, that is subject to an AcidRain emissions reduction requirementor Acid Rain emissions limitation dur-ing Phase I I only.Pipe l ine natura l gas means natural

gas, as defined in this section, that isprovided by a supplier through a pipe-

line and that contains 0.3 grains or lessof hydrogen sulfide per 100 standardcubic feet and the hydrogen sulfide incontent of the gas constitutes at least50% (by weight) of the total sulfur inthe fuel.Po l l u tan t concen t ra t i on mon i t o r means

that component of the continuousemission monitoring system thatmeasures the concentr ati on of a poll ut-ant i n a unit ’s flue gas.Poten t ia l e lec t r ica l ou tpu t capac i ty

means the MWe capacity rating for theunits whi ch shall be equal t o 33 percent

of the maximum design heat input ca-pacity of the steam generating unit, ascalculated according to appendix D of part 72.Power d i st r i bu t ion sys tem means the

portion of an electricity grid owned oroperated by a utility that is dedicatedto delivering electric energy to cus-tomers.Power purchase commitment means a

commitment or obligation of a utilityto purchase electri c power from a facil -it y pursuant t o:

(1) A power sales agreement;(2) A state regulatory authority

order requir ing a utili ty to:(i) Enter into a power sales agree-

ment wit h the facil it y;(ii) P urchase from the facil it y; or(iii) Enter into arbitration con-

cerning the facility for the purpose of establishing terms and conditions of the uti li ty ’s purchase of power;

(3) A letter of intent or similar in-strument committing to purchasepower (actual electrical output or gen-erator output capacity) from thesource at a previously offered or lowerprice and a power sales agreement ap-plicable to the source is executed with-in the time frame established by theterms of the letter of intent but nolater than November 15, 1993 or, wherethe letter of intent does not specify a

ti me frame, a power sale agreement ap-plicable to the source is executed on orbefore November 15, 1993; or

(4) A uti li ty competi ti ve bid solicita-tion that has resulted in the selectionof the qualifying facility or inde-pendent power production facility asthe winning bidder.Pow er sal es agr eement is a legally

binding agreement between a QF , I P P ,new IP P , or fir m associated wit h such



18/88

22

40 CFR Ch. I (7–1–00 Edition)§72.2

facil it y and a regulated electr ic ut il it ythat establishes the terms and condi-tions for the sale of power from the fa-cilit y to the utili ty.Presid in g Of f icer means an Adminis-

tr ati ve L aw J udge appointed under 5U.S.C. 3105 and designated to preside ata hearing in an appeal under part 78 of thi s chapter or an EP A l awyer des-ignated to preside at any such hearingunder §78.6(b)(3)(ii) of this chapter.Pr ima ry fue l o r p r ima ry fue l supp l y

means the main fuel type (expressed inmmBtu) consumed by an affected unitfor the applicable calendar year.Probat ionary ca l ib ra t ion er ro r tes t

means an on-line calibration error testperformed in accordance with section2.1.1 of appendix B to part 75 of thischapter that i s used to ini ti ate a condi-tionally valid data period.Pr oposed A cid Rai n permit or proposed

permi t means, in the case of a State op-erating permit program, the version of an Acid Rain permit that the permit-ti ng authority submits to the Adminis-tr ator after the public comment period,but prior t o completi on of the EP A per-mit review period, as provided for inpart 70 of this chapter.

Pr otocol 1 gas means a calibration gasmixture prepared and analyzed accord-ing t o the ‘‘P rocedure for NB S-T race-able Certification of Compressed GasWorking Standards Used for Calibra-tion and Audit of Continuous EmissionMonitors (‘‘Revised T raceabili ty P ro-tocol No. 1’’),’’ Quality AssuranceHandbook for Air Pollution Measure-ment Systems, Volume III, StationarySource Specific Methods, Section 3.04,EP A–600/4–77–027b, J une 1987 (set for thin appendix H of part 75 of this chapter)or such revised procedure as approvedby the Administrator.QA opera t ing quar te r means a cal-

endar quarter in which there are at

least 168 unit operating hours (as de-fined in this section) or, for a commonstack or bypass stack , a calendar quar-ter in which t here are at l east 168 stackoperating hours (as defined in this sec-tion).Qua l i f y i ng fac i l i t y (QF ) means a

‘‘qualifying small power production fa-cility’’ within the meaning of section3(17)(C) of the F ederal P ower A ct or a‘‘qualifying cogeneration facility’’

within the meaning of section 3(18)(B)of the F ederal P ower A ct.Qual i fy ing Phase I techno logy means a

technological system of continuousemission reduction that is dem-onstrated to achieve a ninety (90) per-cent (or greater) reduction in emissionsof sulfur dioxide from the emissionsthat would have resulted from the useof fossil fuels that were not subject totreatment prior to combustion, as pro-vi ded in §72.42.Qual i fy ing power pur chase commi tment

means a power purchase commitment

in effect as of November 15, 1990 wi th-out regard to changes to that commit-ment so long as:

(1) T he identi ty of the electr ic outputpurchaser; or

(2) The identi ty of the steam pur-chaser and the location of the facility,remain unchanged as of the date the fa-cility commences commercial oper-ati on; and

(3) The terms and condit ions of thepower purchase commitment are notchanged in such a way as to allow thecosts of compliance with the Acid RainP rogram to be shift ed to the purchaser.Qual i fy ing repower ing techno logy

means:

(1) Replacement of an existing coal-fired boiler with one of the followingclean coal technologies: Atmosphericor pressurized fluidized bed combus-tion, integrated gasification combinedcycle, magnetohydrodynamics, directand indirect coal-fired turbines, inte-grated gasification fuel cells, or as de-termined by the Administrator, in con-sultation with the Secretary of Energy,a derivative of one or more of thesetechnologies, and any other technologycapable of controlling multiple com-bustion emissions simultaneously withimproved boiler or generation effi-ciency and with significantly greaterwaste reduction relative to the per-

formance of technology in widespreadcommercial use as of the date of enact-ment of the Clean Air Act A mendmentsof 1990; or

(2) Any oil- or gas-fired unit that hasbeen awarded clean coal technologydemonstr ati on funding as of J anuary 1,1991, by the Department of Energy.Qual i ty -assured moni t o r opera t i ng hour

means any unit operating hour or por-tion thereof over which a certified



19/88

23


CEMS, or other monitoring system ap-proved by the Administrator underpart 75 of this chapter, is operating:

(1) Within the performance specifica-tions set forth in part 75, appendix A of thi s chapter and the quali ty assurance/quality control procedures set forth inpart 75, appendix B of this chapter,without unscheduled maintenance, re-pair, or adjustment; and

(2) In accor dance with §75.10(d), (e),and (f) of this chapter.Receive or receipt of means the date

the Administrator or a permitting au-

thority comes into possession of infor-mation or correspondence (whethersent in writing or by authorized elec-tr onic t ransmission), as indicated in anofficial correspondence log, or by a no-tation made on the information or cor-respondence, by the Administrator orthe permitting authority in the regularcourse of business.Recorda t i on, r ecord, or r ecorded means,

with regard t o all owances, the tr ansferof allowances by the Administratorfrom one Allowance Tracking Systemaccount or subaccount to another.Reduced ut i l i za t ion means a reduc-

ti on, duri ng any calendar year in P haseI , in t he heat i nput (expressed in

mmBtu for the calendar year) at aP hase I uni t below the unit ’s baseli ne,where such reduction subjects the unitto the requirement to submit a reducedutilization plan under §72.43; or, in thecase of an opt-in source, means a re-duction in the average utilization, asspecified in §74.44 of this chapter, of anopt-in source below the opt-in source’sbaseline.Reference method means any direct

test method of sampling and analyzingfor an air pollutant as specified in part60, appendix A of t his chapter.Reference value or reference signal

means the known concentration of acalibration gas, the known value of an

electronic calibration signal, or theknown value of any other measurementstandard approved by the Adminis-trator, assumed to be the true value forthe pollutant or diluent concentrationor volumetric flow being measured.Rela t ive accuracy means a statistic

designed to provide a measure of thesystematic and random errors associ-ated with data from continuous emis-sion monitoring systems, and is ex-

pressed as the absolute mean differencebetween t he poll utant concentrati on orvolumetric flow measured by the pol-lutant concentration or flow monitorand the value determined by the appli-cable reference method(s) plus the 2.5percent error confidence coefficient of a series of tests divided by the mean of the reference method tests in accord-ance wit h part 75 of this chapter.Replacement un i t means an affected

unit replacing the thermal energy pro-vided by an opt-in source, where boththe affected unit and the opt-in source

are governed by a thermal energy plan.Research gas mater ia l (RGM) means a

calibration gas mixture developed byagreement of a requestor and the Na-tional Institutes for Standards and

T echnologies (NI ST ) that NI ST ana-lyzes and cert i fies as ‘‘NI ST tr ace-able.’’ RGMs may have concentrationsdifferent from those of standard ref-erence materials.Research gas mix tu re (RGM ) means a

calibration gas mixture developed byagreement of a requestor and NI STthat NIST analyzes and certifies as‘‘NI ST tr aceable.’’ R GM s may haveconcentrations different from those of standard reference materials.Schedul e of compl ian ce means an en-

forceable sequence of actions, meas-ures, or operations designed to achieveor maintain compliance, or correctnon-compliance, with an applicable re-quirement of the Acid Rain Program,including any appli cable Acid Rain per-mit requir ement.Secretary of Energy means the Sec-

retary of the United States Depart-ment of Energy or the Secretary’s dulyauthorized representative.Seria l number means, when referring

to allowances, the unique identifica-tion number assigned to each allow-ance by the Administrator, pursuant to§73.34(d) of this chapter.Simple combust ion turbine means a

unit that is a rotary engine driven by agas under pressure that is created bythe combusti on of any fuel. T his termincludes combined cycle units withoutauxiliary firing. This term excludescombined cycle units with auxiliaryfiring, unless the unit did not use theauxiliary firing from 1985 through 1987and does not use auxili ary fi ri ng at anytime aft er November 15, 1990.



20/88

24

40 CFR Ch. I (7–1–00 Edition)§72.2

Site lease, as used in part 73, subpartE of thi s chapter, means a legall y-bind-ing agreement signed between a newI P P or a firm associated with a newI P P and a site owner that establi shesthe terms and conditions under whichthe new IP P or the firm associatedwith the new IP P has the binding ri ghtto utilize a specific site for the pur-poses of operating or constructing thenew IP P.Small diesel ref i nery means a domestic

motor diesel fuel refinery or portion of a refinery that, as an annual average of

cal endar years 1988 thr ough 1990 and asreported to the Department of Energyon F orm 810, had bona fide crude oilthroughput less than 18,250,000 barrelsper year, and the refinery or portion of a refinery is owned or controlled by arefiner with a total combined bona fidecrude oil throughput of less than50,187,500 barr els per year.Sol id waste inc inera to r means a source

as defined in secti on 129(g)(1) of theAct.Source means any governmental, in-

stitutional, commercial, or industrialstructure, installation, plant, building,or facility that emits or has the poten-ti al t o emit any regulated air poll utant

under the Act. F or purposes of secti on502(c) of the Act , a ‘‘source’’, i ncludinga ‘‘source’’ with mult iple units, shallbe considered a single ‘‘facil i ty .’’Span means the highest pollutant or

diluent concentration or flow rate thata monitor component is required to becapable of measuring under part 75 of thi s chapter.Spot a l low ance means an allowance

that may be used for purposes of com-pliance with a unit’s Acid Rain sulfurdioxide emissions limitation require-ments beginning in the year in whichthe allowance is offered for sale.Spot auc t ion means an auction of a

spot allowance.Spot sale means a sale of a spot al low-

ance.Stack means a structure that includes

one or more flues and the housing forthe flues.Stack opera t i ng hour means any hour

(or fraction of an hour) during whichflue gases flow through a commonstack or bypass stack .Standard cond i t i ons means 68 °F at 1

atm (29.92 in. of mercury).

Standard reference mater ia l-equivalent

compressed gas prima ry reference mater ia l

(SRM -equ i va len t PRM ) means those gasmixtures listed in a declaration of equivalence in accordance with section2.1.2 of the ‘‘EP A T raceabili ty P rotocolfor Assay and Certification of GaseousCalibration Standards,’’ September1997, EP A–600/R –97/121.State means one of the 48 contiguous

States and the District of Columbia,any non-federal authorities in or in-cluding such States or the District of

Columbia (including local agencies,interstate associations, and State-wideagencies), and any eligible Indian tr ibein an area in such State or the Districtof Columbia. The term ‘‘St ate’’ shallhave its conventional meaning wheresuch meaning is clear from the con-text.Sta te opera t i ng permi t program means

an operating permit program that theAdministr ator has approved under part70 of this chapter.Sta t ionary gas tu rb ine means a turbine

that is not self-propell ed and that com-busts natural gas, other gaseous fuelwith a total sulfur content no greaterthan the total sulfur content of natural

gas, or fuel oil in order to heat inletcombustion air and thereby turn a tur-bine in addition to or instead of pro-ducing steam or heating water.Steam sales agreement is a legally

binding agreement between a QF , I P P ,new IP P , or fir m associated wit h suchfacility and an industrial or commer-cial establishment requiring steamthat establishes the terms and condi-tions under which the facility will sup-ply steam t o the establishment.Submit or serve means to send or

transmit a document, information, orcorrespondence to the person specifiedin accordance with the applicable regu-

lation:(1) I n person;(2) By Uni ted States Postal Service;

or(3) By other equivalent means of dis-

patch, or transmission, and delivery.Compliance with any ‘‘submission’’,‘‘service’’, or ‘‘mailing’’ deadline shallbe determined by the date of dispatch,transmission, or mailing and not thedate of receipt.



21/88

25


Subst i tu te data means emissions orvolumetric flow data provided to as-sure 100 percent recording and report-ing of emissions when all or part of thecontinuous emission monitoring sys-tem is not functional or is operatingoutside applicable performance speci-fications.Subs t i t u t i on un i t means an affected

unit, other than a unit under section410 of the Act , that is designated as aPhase I unit in a substitution planunder §72.41.Sul fu r - f r ee genera t ion means the gen-

eration of electricity by a process thatdoes not have any emissions of sulfurdioxide, including hydroelectric, nu-clear, solar, or wind generation. A‘‘sulfur-free generator’’ is a generatorthat is located in one of the 48 contig-uous States or the District of Columbiaand produces ‘‘sulfur-free generation.’’Suppl y-s ide measur e means a measure

to improve the efficiency of the genera-tion, transmission, or distribution of electr icit y, i mplemented by a util it y i nconnection with its operations or fa-cili ti es to provide electr icit y t o it s cus-tomers, and includes the measures setforth in part 73, appendix A, section 2of thi s chapter.Thermal energy means the thermal

output produced by a combustionsource used directly as part of a manu-facturing process but not used toproduce electri cit y.Ton or tonnage means any ‘‘short

ton’’ (i .e., 2,000 pounds). For t he pur-pose of determining compliance withthe Acid Rain emissions limitationsand reduction requirements, total tonsfor a year shall be calculated as thesum of all recorded hourly emissions(or the tonnage equivalent of the re-corded hourly emissions rates) in ac-cordance with part 75 of this chapter,with any remaining fraction of a tonequal to or greater than 0.50 ton

deemed to equal one ton and any frac-tion of a ton less than 0.50 ton deemednot to equal any t on.To ta l p lanned ne t ou tpu t capac i t y

means the planned generator outputcapacity, excluding that portion of theelectrical power which is designed tobe used at the power production facil-ity, as specified under one or morequalifying power purchase commit-ments or contemporaneous documents

as of November 15, 1990; ‘‘T otal in-stalled net output capacity’’ shall bethe generator output capacity, exclud-ing that portion of the electrical poweractually used at the power productionfacil it y, as installed.Tran sfer un i t means a Phase I uni t

that t ransfers all or part of it s Phase Iemission reduction obligations to acontrol unit designated pursuant to aP hase I extension plan under §72.42.Unde ru t i l i z a t i on means a reduction,

during any calendar year i n P hase I, of the heat input (expressed in mmBtu forthe calendar y ear) at a P hase I uni tbelow the unit’s baseline.Un i t means a fossil fuel-fired combus-

tion device.Un i t accoun t means an Allowance

T rack ing System account , establ ishedby the Administrator for an affectedunit pursuant to §73.31 (a) or (b) of thischapter.Un i t l o ad means the total (i.e., gross)

output of a unit or source in any cal-endar year (or other specified time pe-riod) pro

40 cfr part 72-permits regulation

Documents