Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-01 - Definitions and reference to materials

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and availability of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see paragraph (C) of this rule titled "Referenced
				materials."]
(A) Except as otherwise
			 provided in this rule, the definitions in rule
			 3745-15-01 of the Administrative
			 Code  apply to this chapter.
(B) As used in this chapter:
(1) "Acid rain compliance option" means one
			 of the methods of compliance used by an affected unit under the acid rain
			 program as described in a compliance plan submitted and approved in accordance
			 with rule
			 3745-103-09 of the
			 Administrative Code, rules
			 3745-103-22 to
			 3745-103-54 of the
			 Administrative Code, and 40 CFR Part 76.
(2) "Acid rain emissions limitation" means:
(a) For the purposes of sulfur dioxide
			 emissions:
(i) The tonnage equivalent of the
			 allowances authorized to be allocated to the affected units at a source for use
			 in a calendar year; under paragraphs (a)(1), (a)(3), and (h) of section 404 of
			 the Clean Air Act, 42 USC
			 7401, or the basic phase II allowance
			 allocations authorized to be allocated to an affected unit for use in a
			 calendar year, or the allowances authorized to be allocated to an opt-in source
			 under section 410 of the Clean Air Act for use in a calendar year.
(ii) As adjusted:
(a) By allowances allocated by the USEPA
			 pursuant to section 403, section 405 paragraphs (a)(2), (a)(3), (b)(2), (c)(4),
			 (d)(3), and (h)(2), and section 406 of the Clean Air Act.
(b) By allowances allocated by the USEPA
			 pursuant to 40 CFR Part 72, Subpart D.
(c) By allowance transfers to or from the
			 compliance account for that source that were recorded or properly submitted for
			 recordation by the allowance transfer deadline as provided in
			 40 CFR
			 73.35, after deductions and other adjustments
			 are made pursuant to 40 CFR
			 73.34(c).
(b) For purposes of
			 nitrogen oxides emissions, the applicable limitation under 40 CFR Part
			 76.
(3) "Acid rain
			 emissions reduction requirement" means a requirement under the acid rain
			 program to reduce the emissions of sulfur dioxide or nitrogen oxides from a
			 unit to a specified level or by a specified percentage.
(4) "Acid rain permit" or "permit" means the
			 legally binding written document or portion of such document, including any
			 permit revision, that is issued by the director under this chapter and
			 specifies the acid rain program requirements applicable to an affected source
			 and to the owners and operators and the designated representative of the
			 affected source or the affected unit.
(5) "Acid rain program" means the national
			 sulfur dioxide and nitrogen oxides air pollution control and emissions
			 reduction program established in accordance with Title IV of the Clean Air Act,
			 rules 3745-103-01 to
			 3745-103-66 of the
			 Administrative Code, and 40 CFR Parts 73, 74, 75, 76, 77, and 78.
(6) "Actual SO2
			 emissions rate" means the annual average sulfur dioxide emissions rate for the
			 unit (expressed in pound per MMBtu), for the specified calendar year; provided
			 that, if the unit is listed in the National Allowance Data Base (NADB), the
			 "1985 actual SO2 emissions rate" for the unit
			 
									is
			 the rate specified by the USEPA in the NADB under the data field
			 "SO2RTE."
(7) "Affected source" means a source that
			 includes one or more affected units.
(8) "Affected states" means all states that
			 meet one of the following:
(a) Whose air
			 quality may be affected and that are contiguous to the state when a permit,
			 permit modification or permit renewal is being proposed.
(b) That are within fifty miles of the
			 permitted source.
(9)
			 "Affected unit" means a unit that is subject to any acid rain emissions
			 reduction requirement or acid rain emissions limitation under rule
			 3745-103-02 or rules
			 3745-103-22 to
			 3745-103-54 of the
			 Administrative Code.
(10)
			 "Allowable SO2 emissions rate" means the most stringent
			 federally enforceable emissions limitation for sulfur dioxide (in pound per
			 MMBtu) applicable to the unit or combustion source for the specified calendar
			 year, or for such subsequent year as determined by the U.S. EPA where such a
			 limitation does not exist for the specified year; provided that, if a phase I
			 or phase II unit is listed in the NADB, the "1985 allowable
			 SO2 emission rate" for the phase I or phase II unit
			 shall be the rate specified by the USEPA in the NADB under the data field "1985
			 annualized boiler SO2 emission limit."
(11) "Allowance" means an authorization by
			 the USEPA under the acid rain program to emit up to one ton of sulfur dioxide
			 during or after a specified calendar year.
(12) "Allowance deduction," or "deduct" when
			 referring to allowances, means the permanent withdrawal of allowances by the
			 USEPA from an allowance tracking system compliance account, to account for the
			 number of tons of SO2 emissions from the affected units
			 at an affected source for the calendar year, for tonnage emissions estimates
			 calculated for periods of missing data as provided in 40 CFR Part 75, or for
			 any other allowance surrender obligations of the acid rain program.
(13) "Allowances held" or "hold allowances"
			 means the allowances recorded by the USEPA, or submitted to the USEPA for
			 recordation in accordance with
			 40 CFR
			 73.50, in an allowance tracking system
			 account.
(14) "Allowance transfer
			 deadline" means midnight of March first (or February twenty-ninth in any leap
			 year) or, if such day is not a business day, midnight of the first business day
			 thereafter and is the deadline by which allowances may be submitted for
			 recordation in an affected source's compliance account for the purposes of
			 meeting the source's acid rain emissions limitation requirements for sulfur
			 dioxide for the previous calendar year.
(15) "Alternative contemporaneous annual
			 emission limitation" means the maximum allowable NOx
			 emission rate (on a pound per MMBtu, annual average basis) assigned to an
			 individual unit in a NOx emissions averaging plan
			 pursuant to rule
			 3745-103-63 of the
			 Administrative Code.
(16)
			 "Alternative technology" means a control technology for reducing NOx
			  emissions that is outside the scope of the definition of low
			 NOx burner technology. Alternative technology does not
			 include overfire air as applied to wall-fired boilers or separated overfire air
			 as applied to tangentially fired boilers.
(17) "Approved clean coal technology
			 demonstration project" means a project using funds appropriated under the
			 United States department of energy's "Clean Coal Technology Demonstration
			 Program," up to a total amount of two billion five hundred million dollars for
			 commercial demonstration of clean coal technology, or similar projects funded
			 through appropriations for USEPA. The federal contribution for a qualifying
			 project shall be at least twenty per cent of the total cost of the
			 demonstration project.
(18)
			 "Arch-fired boiler" means a dry bottom boiler with circular burners, or coal
			 and air pipes, oriented downward and mounted on waterwalls that are at an angle
			 significantly different from the horizontal axis and the vertical axis. This
			 definition shall include only the following units: Holtwood unit 17, Hunlock
			 unit 6, and Sunbury units 1a, 1b, 2a, and 2b. This definition shall exclude dry
			 bottom turbo fired boilers.
(19)
			 "Authorized account representative" means a responsible natural person who is
			 authorized, in accordance with 40 CFR Part 73, to transfer and otherwise
			 dispose of allowances held in an allowance tracking system general account; or
			 in the case of a compliance account, the designated representative of the
			 owners or operators of the affected source and the affected units at the
			 source.
(20) "Basic Phase II
			 allowance allocations" means:
(a) For calendar
			 years 2000 through 2009 inclusive, allocations of allowances made by the USEPA
			 pursuant to section 403, and paragraphs (b)(1), (b) (3), (b)(4), (c)(1),
			 (c)(2), (c)(3), (c)(5), (d)(1), (d)(2), (d)(4), (d)(5), (e), (f), (g)(1),
			 (g)(2), (g)(3), (g)(4), (g)(5), (h)(1), (i), and (j) of section 405 of the
			 Clean Air Act.
(b) For each
			 calendar year beginning in 2010, allocations of allowances made by the U.S. EPA
			 pursuant to section 403 and paragraphs (b)(1), (b)(3), (b)(4), (c)(1), (c)(2),
			 (c)(3), (c)(5), (d)(1), (d)(2), (d)(4), (d)(5), (e), (f), (g)(1), (g)(2),
			 (g)(3), (g)(4), (g)(5), (h)(1), (h)(3), (i), and (j) of section 405 of the
			 Clean Air Act.
(21)
			 "Boiler" means an enclosed fossil or other fuel-fired combustion device used to
			 produce heat and to transfer heat to recirculating water, steam, or any other
			 medium.
(22) "Btu" means British
			 thermal unit.
(23) "Cell burner
			 boiler" means a wall-fired boiler that utilizes two or three circular burners
			 combined into a single vertically oriented assembly that results in a compact,
			 intense flame. Any low NOx retrofit of a cell burner
			 boiler that reuses the existing cell burner, close-coupled wall opening
			 configuration would not change the designation of the unit as a cell burner
			 boiler.
(24) "CEMS" means
			 continuous emission monitoring system.
(25) "Clean Air Act" means the Clean Air Act
			 Amendments of 1990 contained in
			 42 USC
			 7401 to
			 7671q.
(26) "CO2" means
			 carbon dioxide.
(27) "Coal" means
			 all solid fuels classified as anthracite, bituminous, subbituminous, or lignite
			 by the American society for testing and materials designation ASTM D388
			 (Standard Classification of Coals by Rank).
(28) "Coal-derived fuel" means any fuel,
			 whether in a solid, liquid, or gaseous state, produced by the mechanical,
			 thermal, or chemical processing of coal (including, but not limited to,
			 pulverized coal, coal refuse, liquefied or gasified coal, washed coal,
			 chemically cleaned coal, coal-oil mixtures, and coke).
(29) "Coal-fired" means for all purposes
			 under the acid rain program, except for purposes of applying rules
			 3745-103-55 to
			 3745-103-66 of the
			 Administrative Code, the combustion of fuel consisting of coal or any
			 coal-derived fuel (except a coal-derived gaseous fuel that meets the definition
			 of very low sulfur fuel in this rule), alone or in combination with any other
			 fuel, where a unit is coal-fired if it uses coal or coal-derived fuel as its
			 primary fuel (expressed in MMBtu); provided that, if the unit is listed in the
			 NADB, the primary fuel is the fuel listed in the NADB under the data field
			 PRIMEFUEL.
(30) "Coal-fired utility
			 unit" means a utility unit in which the combustion of coal (or any coal-derived
			 fuel) on a Btu basis exceeds 50.0 per cent of its annual heat input during the
			 following calendar year: for phase I units, in calendar year 1990; and, for
			 phase II units, in calendar year 1995 or, for a phase II unit that did not
			 combust any fuel that resulted in the generation of electricity in calendar
			 year 1995, in any calendar year during the period 1990-1995. For purposes of
			 applying rules
			 3745-103-55 to
			 3745-103-66 of the
			 Administrative Code, this definition shall apply notwithstanding any other
			 definition in this rule.
(31)
			 "Combustion controls" means technology that minimizes
			 NOx formation by staging fuel and combustion air flows
			 in a boiler. This definition shall include low NOx
			 burners, overfire air, or low NOx burners with overfire
			 air.
(32) "Combustion source" means
			 a stationary fossil fuel-fired boiler, turbine, or internal combustion engine
			 where the designated representative has submitted or intends to submit an
			 opt-in permit application under rule
			 3745-103-28 of the
			 Administrative Code to enter into the "opt-in program."
(33) "Cogeneration unit" means a unit that
			 has equipment used to produce electric energy and forms of useful thermal
			 energy (such as heat or steam) for industrial, commercial, heating, or cooling
			 purposes, through sequential use of energy.
(34) "Commence commercial operation" means to
			 have begun to generate electricity for sale, including the sale of electricity
			 during testing.
(35) "Commence
			 construction" means that an owner or operator has either undertaken a
			 continuous program of construction or has entered into a contractual obligation
			 to undertake and complete, within a reasonable time, a continuous program of
			 construction.
(36) "Commence
			 operation" means to have begun any mechanical, chemical, or electronic process,
			 including start-up of an emissions control technology or emissions monitor or
			 of a unit's combustion chamber.
(37) "Common stack" means the exhaust of
			 emissions from two or more units through a single flue.
(38) "Compensating unit" means an affected
			 unit that is not otherwise subject to acid rain emissions limitation or acid
			 rain emissions reduction requirements during phase I and that is designated as
			 a phase I unit in a reduced utilization plan under
			 40 CFR
			 72.43; provided that an opt-in source shall
			 not be a compensating unit.
(39)
			 "Compliance account" means an allowance tracking system account, established by
			 the USEPA under 40 CFR
			 73.31(a),
			 40 CFR
			 73.31(b), or
			 40 CFR
			 74.40(a) for an affected
			 source and for each affected unit at the source.
(40) "Compliance certification" means a
			 submission to the USEPA or the director of Ohio environmental protection
			 agency, as appropriate, that is required by this chapter or by 40 CFR Parts 72,
			 73, 74, 75, 76, 77, or 78, to report an affected source's or an affected unit's
			 compliance or non-compliance with a provision of the acid rain program and that
			 is signed and verified by the designated representative in accordance with rule
			 3745-103-06 of the
			 Administrative Code, 40 CFR Part 72, Subpart B and Subpart I, and the acid rain
			 program regulations.
(41)
			 "Compliance plan" means the document submitted for an affected source in
			 accordance with rules
			 3745-103-07 and
			 3745-103-08, or
			 3745-103-41 to
			 3745-103-51 of the
			 Administrative Code, or 40 CFR Part 76, specifying the
			 
									method (including one or more acid rain compliance
			 options as provided under rules
			 3745-103-09 and
			 3745-103-10 of the
			 Administrative Code or rules
			 3745-103-41 to
			 3745-103-51 of the
			 Administrative Code, or 40 CFR Part 76) by which each affected unit at the
			 source will meet the applicable acid rain emissions limitation and acid rain
			 emissions reduction requirements.
(42) "Compliance use date" means the first
			 calendar year for which an allowance may be used for purposes of meeting a
			 source's acid rain emissions limitation for sulfur dioxide.
(43) "Conditionally valid data" means data
			 from a continuous monitoring system that are not quality assured, but which may
			 become quality assured if certain conditions are met. Examples of data that may
			 qualify as conditionally valid are either of the following:
(a) Data recorded by an uncertified
			 monitoring system prior to its initial certification.
(b) Data recorded by a certified monitoring
			 system following a significant change to the system that may affect its ability
			 to accurately measure and record emissions.
A monitoring system shall pass a probationary calibration error
				test, in accordance with 40 CFR Part 75, Appendix B, Section 2.1.1, to initiate
				the conditionally valid data status. In order for conditionally valid emission
				data to become quality assured, one or more quality assurance tests or
				diagnostic tests 
											shall be passed within a specified time period in
				accordance with paragraph (b)(3) of
				40 CFR
				75.20.
(44) "Construction" means fabrication,
			 erection, or installation of a unit or any portion of a unit.
(45) "Customer" means a purchaser of
			 electricity not for the purposes of retransmission or resale. For generating
			 rural electric cooperatives, the customers of the distribution cooperatives
			 served by the generating cooperative will be considered customers of the
			 generating cooperative.
(46)
			 "Demonstration period" means a period of time not less than fifteen months,
			 approved under rule
			 3745-103-62 of the
			 Administrative Code, for demonstrating that the affected unit cannot meet the
			 applicable emission limitation under rule
			 3745-103-57,
			 3745-103-58, or
			 3745-103-59 of the
			 Administrative Code and establishing the minimum NOx
			 emission rate that the unit can achieve during long-term load dispatch
			 operation.
(47) "Designated
			 representative" means a responsible natural person authorized by the owners and
			 operators of an affected source and of all affected units at the source, as
			 evidenced by a certificate of representation submitted in accordance with 40
			 CFR Part 72, Subpart B, to represent and legally bind each owner and operator,
			 as a matter of federal law, in matters pertaining to the acid rain program. The
			 term "designated representative" shall be construed to include the alternate
			 designated representative, if any.
(48) "Diesel fuel" means a low sulfur fuel
			 oil of grades 1-D or 2-D, as defined by the American society for testing and
			 materials ASTM D975 (Standard Specification for Diesel Fuel Oils), grades 1-GT
			 or 2-GT, as defined by ASTM D2880 (Standard Specification for Gas Turbine Fuel
			 Oils), or grade one or grade two, as defined by ASTM D396 (Standard
			 Specification for Fuel Oils).
(49)
			 "Direct public utility ownership" means direct ownership of equipment and
			 facilities by one or more corporations, the principal business of which is sale
			 of electricity to the public at retail. Percentage ownership of such equipment
			 and facilities shall be measured on the basis of book value.
(50) "Dry bottom" means a boiler has a
			 furnace bottom temperature below the ash melting point and the bottom ash is
			 removed as a solid.
(51)
			 "Emissions" means air pollutants exhausted from a unit or source into the
			 atmosphere, as measured, recorded, and reported to the USEPA by the designated
			 representative and as determined by the USEPA, in accordance with the emissions
			 monitoring requirements of 40 CFR Part 75.
(52) "EPA protocol gas" means a calibration
			 gas mixture prepared and analyzed according to section two of the "EPA
			 Traceability Protocol for Assay and Certification of Gaseous Calibration
			 Standards," May 2012, EPA-600/ R-12/531, or such revised procedure as approved
			 by the administrator.
(53) "Excess
			 emissions" means either of the following:
(a)
			 Any tonnage of sulfur dioxide emitted by the affected units at an affected
			 source during a calendar year that exceeds the acid rain emissions limitation
			 for sulfur dioxide for the source.
(b) Any tonnage of nitrogen oxide emitted by
			 an affected unit during a calendar year that exceeds the annual tonnage
			 equivalent of the acid rain emissions limitation for nitrogen oxides applicable
			 to the affected unit taking into account the unit's heat input for the
			 year.
(54) "Existing
			 unit" means a unit (including a unit subject to section 111 of the Clean Air
			 Act) that commenced commercial operation before November 15, 1990 and that on
			 or after November 15, 1990 served a generator with a nameplate capacity of
			 greater than twenty-five MWe. Existing unit does not include simple combustion
			 turbines or any unit that on or after November 15, 1990 served only generators
			 with a nameplate capacity of twenty-five MWe or less. Any existing unit that is
			 modified, reconstructed, or repowered after November 15, 1990,
			 
									continues to be an existing unit.
(55) "Fast-track modification" means that at
			 the option of the designated representative, the permittee publicizes the
			 proposed permit modifications in a newspaper of general circulation in the area
			 where the source is located or in a state publication and gives notice to the
			 interested parties. The public has thirty days to comment to the Ohio EPA. The
			 permittee submits its proposed modifications to the Ohio EPA, and the agency
			 has thirty days after the close of the comment period to rule on the proposed
			 modifications.
(56) "Flue gas"
			 means the combustion products arising from the combustion of fossil fuel in a
			 utility boiler.
(57) "Fossil fuel"
			 means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous
			 fuel derived from such material.
(58) "Fossil fuel-fired" means the combustion
			 of fossil fuel or any derivative of fossil fuel, alone or in combination with
			 any other fuel, independent of the percentage of fossil fuel consumed in any
			 calendar year (expressed in MMBtu).
(59) "Fuel flowmeter quality assurance
			 operating quarter" means a unit operating quarter in which the unit combusts
			 the fuel measured by the fuel flowmeter for at least one hundred sixty-eight or
			 more unit operating hours.
(60)
			 "Fuel oil" means any petroleum-based fuel (including diesel fuel or petroleum
			 derivatives such as oil tar) as defined by the American society for testing and
			 materials in ASTM D396 (Standard Specification for Fuel Oils), and any recycled
			 or blended petroleum products or petroleum by-products used as a fuel whether
			 in a liquid, solid or gaseous state.
(61) "Gas-fired" means:
(a) For all purposes under the acid rain
			 program, except for 40 CFR Part 75, the combustion of both of the following:
(i) Natural gas or other gaseous fuel
			 (including coal-derived gaseous fuel), for at least 90.0 per cent of the unit's
			 average annual heat input during the previous three calendar years and for at
			 least 85.0 per cent of the annual heat input in each of those calendar
			 years.
(ii) Any fuel, except coal
			 or solid or liquid coal-derived fuel, for the remaining heat input, if
			 any.
(b) For purposes of
			 40 CFR Part 75, the combustion of both of the following:
(i) Natural gas or other gaseous fuel
			 (including coal-derived fuel) for at least 90.0 per cent of the unit's average
			 annual heat input during the previous three calendar years and for at least
			 85.0 per cent of the annual heat input in each of those calendar
			 years.
(ii) Fuel oil, for the
			 remaining heat input, if any.
(c) For purposes of 40 CFR Part 75, a unit
			 may initially qualify as gas-fired if the designated representative
			 demonstrates to the satisfaction of the Ohio EPA that the requirements of
			 paragraph (B)(62)(b) of this rule are met, or will in the future be met,
			 through one of the following submissions:
(i)
			 For a unit for which a monitoring plan has not been submitted under
			 40 CFR
			 75.62, the designated representative submits
			 either of the following:
(a) Fuel usage data
			 for the unit for the three calendar years immediately preceding the date of
			 initial submission of the monitoring for the unit under
			 40 CFR
			 75.62.
(b) If a unit does not have fuel usage data
			 for one or more of the three calendar years immediately preceding the date of
			 initial submission of the monitoring for the unit under
			 40 CFR
			 75.62, the unit's designated fuel usage; all
			 available fuel usage data (including the percentage of the unit's heat input
			 derived from the combustion of gaseous fuels), beginning with the date on which
			 the unit commenced commercial operation; and the unit's projected fuel
			 usage.
(ii) For a unit
			 for which a monitoring plan has already been submitted under
			 40 CFR
			 75.62, that has not qualified as gas-fired
			 under paragraph (B)(62)(c)(i) of this rule, and whose fuel usage changes, the
			 designated representative submits either of the following:
(a) Three calendar years of data following a
			 change in the unit's fuel usage, showing that no less than 90.0 per cent of the
			 unit's average annual heat input during the previous three calendar years, and
			 no less than 85.0 per cent of the unit's annual heat input during any one of
			 the previous three calendar years, if from the combustion of gaseous fuels and
			 the remaining heat input is from the combustion of fuel oil.
(b) A minimum of seven hundred twenty hours
			 of unit operating data following the change in the unit's fuel usage, showing
			 that no less than 90.0 per cent of the unit's heat input is from the combustion
			 of gaseous fuels and the remaining heat input is from the combustion of fuel
			 oil, and a statement that this changed pattern of fuel usage is considered
			 permanent and is projected to continue for the foreseeable future.
(iii) If a unit qualifies as
			 gas-fired under paragraph (B)(62)(c)(i) or (B) (62)(c)(ii) of this rule, the
			 unit is classified as gas-fired as of the date of the submission under such
			 paragraph.
(d) For the
			 purpose of 40 CFR Part 75, a unit that initially qualifies as gas-fired under
			 paragraph (B)(62)(c)(i) or (B)(62)(c)(ii) of this rule
			 
										shall
			 meet the criteria in paragraph (B)(62)(b) of this rule each year in order to
			 continue to qualify as gas-fired. If such a unit combusts only gaseous fuel and
			 fuel oil but fails to meet such criteria for a given year, the unit no longer
			 qualifies as gas-fired starting the day after the first day for which the
			 criteria are not met. If a unit failing to meet the criteria in paragraph
			 (B)(62)(b) of this rule initially qualified as a gas-fired unit under paragraph
			 (B)(62)(c) of this rule, the unit may qualify as a gas-fired unit for a
			 subsequent year only if the designated representative submits the data
			 specified in paragraph (B)(62)(c)(ii)(a) of this rule.
(62) "Gas manufacturers intermediate standard
			 (GMIS)" means a compressed gas calibration standard that has been assayed and
			 certified by direct comparison to a standard reference material (SRM), an
			 SRM-equivalent PRM, a NIST/EPA-approved certified reference material (CRM), or
			 a NIST traceable reference material (NTRM) in accordance with section 2.1.2.1
			 of the "EPA Traceability Protocol for Assay and Certification of Gaseous
			 Calibration Standards," EPA-600/R-12/53.
(63) "Generator" means a device that produces
			 electricity and was or would have been required to be reported as a generating
			 unit pursuant to the United States department of energy form 860 (1990
			 edition).
(64) "Generator output
			 capacity" means the full-load continuous rating of a generator under specific
			 conditions as designated by the manufacturer.
(65) "Group one boiler" means a tangentially
			 fired boiler or a dry bottom wall-fired boiler (other than a unit applying cell
			 burner technology).
(66) "Group two
			 boiler" means a wet bottom wall-fired boiler, a cyclone boiler, a boiler
			 applying cell burner technology, a vertically fired boiler, an arch-fired
			 boiler, or any other type of utility boiler (such as a fluidized bed or stoker
			 boiler) that is not a group one boiler.
(67) "Heat input" means the product
			 (expressed in MMBtu per unit of time) of the gross calorific value of the fuel
			 (expressed in Btu per pound) and the fuel feed rate into the combustion device
			 (expressed in mass of fuel per unit of time) and does not include the heat
			 derived from preheated combustion air, recirculated flue gases, or exhaust from
			 other sources.
(68) "Independent
			 power production facility" or "IPP" means a source that meets all of the
			 following:
(a) Is nonrecourse project
			 financed, as defined by the secretary of energy at 10 CFR Part 715.
(b) Is used for the generation of
			 electricity, eighty per cent or more of which is sold at wholesale.
(c) Is a new unit required to hold allowances
			 under Title IV of the Clean Air Act; provided that direct public utility
			 ownership of the equipment comprising the facility does not exceed fifty per
			 cent.
(69) "Kacfm" means
			 thousands of cubic feet per minute actual conditions.
(70) "Kscfh" means thousands of cubic feet
			 per hour at standard conditions.
(71) "KWH" means kilowatt hour.
(72) "Life-of-the-unit, firm power
			 contractual arrangement" means a unit participation power sales agreement under
			 which a utility or industrial customer reserves, or is entitled to receive, a
			 specified amount or percentage of nameplate capacity and associated energy
			 generated by any specified generating unit and pays its proportional amount of
			 such unit's total costs, pursuant to a contract for any of the following:
(a) For the life of the unit.
(b) For a cumulative term of no less than
			 thirty years, including contracts that permit an election for early
			 termination.
(c) For a period equal
			 to or greater than twenty-five years or seventy per cent of the economic useful
			 life of the unit, determined as of the time the unit was built, with option
			 rights to purchase or release some portion of the nameplate capacity and
			 associated energy generated by the unit at the end of the period.
(73) "Low
			 NOx burners" and "low NOx burner
			 technology" means commercially available combustion modification
			 NOx controls that minimize NOx
			 formation by introducing coal and its associated combustion air into a boiler
			 such that initial combustion occurs in a manner that promotes rapid coal
			 devolatilization in a fuel-rich (i.e., oxygen deficient) environment and
			 introduces additional air to achieve a final fuel-lean (i.e., oxygen rich)
			 environment to complete the combustion process. This definition
			 
									includes the staging of any portion of the combustion
			 air using air nozzles or registers located inside any waterwall hole that
			 includes a burner. This definition 
									excludes the staging of any
			 portion of the combustion air using air nozzles or ports located outside any
			 waterwall hole that includes a burner (commonly referred to as NOx
			  ports or separated overfire air ports).
(74) "Maximum continuous steam flow at one
			 hundred per cent of load" means the maximum capacity of a boiler as reported in
			 line seven (maximum continuous steam flow at one hundred per cent load in
			 thousand pounds per hour) of schedule 6, part C (boiler information - design
			 parameters) of the United States department of energy's form EIA-860.
(75) "MMBtu" means million Btu.
(76) "MWe" means megawatt
			 electrical.
(77) "Nameplate
			 capacity" means the maximum electrical generating output (expressed in MWe)
			 that a generator can sustain over a specified period of time when not
			 restricted by seasonal or other deratings, as listed in the NADB under the data
			 field "NAMECAP" if the generator is listed in the NADB or as measured in
			 accordance with the United States department of energy standards if the
			 generator is not listed in the NADB.
(78) "National allowance data base" or "NADB"
			 means the data base established under section 402 (4)(c) of the Clean Air
			 Act.
(79) "Natural gas" means a
			 naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or
			 propane), produced in geological formations beneath the earth's surface, that
			 maintains a gaseous state at standard atmospheric temperature and pressure,
			 under ordinary conditions. Natural gas contains 20.0 grains or less of total
			 sulfur per one hundred standard cubic feet. Additionally natural gas
			 
									shall
			 either be composed of at least seventy per cent methane by volume or have a
			 gross calorific value between nine hundred fifty and one thousand one hundred
			 Btu per standard cubic foot. Natural gas does not include the following gaseous
			 fuels: landfill gas, digester gas, refinery gas, sour gas, blast furnace gas,
			 coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in
			 a process which might result in highly variable sulfur content or heating
			 value.
(80) "New unit" means a unit
			 that commences commercial operation on or after November 15, 1990, including
			 any such unit that serves a generator with a nameplate capacity of twenty-five
			 MWe or less or that is a simple combustion turbine.
(81) "NIST" means national institute of
			 standards and technology.
(82)
			 "NIST traceable reference material (NTRM)" means a calibration gas mixture
			 tested by and certified by the NIST to have a certain specified concentration
			 of gases. NTRMs may have different concentrations from those of standard
			 reference materials.
(83)
			 "Non-plug-in combustion controls" means the replacement, in a cell burner
			 boiler, of the portions of the waterwalls containing the cell burners by new
			 portions of the waterwalls containing low NOx burners or
			 low NOx burners with overfire air.
(84) "Oil-fired" means:
(a) For all purposes under the acid rain
			 program, except for 40 CFR Part 75 the combustion of the following:
(i) Fuel oil for more than ten per cent of
			 the average annual heat input during the previous three calendar years or for
			 more than fifteen per cent of the annual heat input in any one of those
			 calendar years; and any solid, liquid, or gaseous fuel, other than coal or any
			 other coal-derived fuel (except a coal-derived gaseous fuel with a sulfur
			 content no greater than natural gas), for the remaining heat input, if
			 any.
(ii) Any solid, liquid or
			 gaseous fuel (including coal-derived gaseous fuel), other than coal or any
			 other coal-derived gaseous fuel), for the remaining heat input, if
			 any.
(b) For the purpose
			 of 40 CFR Part 75, combustion of only fuel oil and gaseous fuels, provided that
			 the unit involved does not meet the definition of gas fired.
(85) "Operating" when referring to
			 a combustion or process source seeking entry into the "Opt-in Program," means
			 that the source had documented consumption of fuel input for more than eight
			 hundred seventy-six hours in the six months immediately preceding the
			 submission of a combustion source's opt-in application under paragraph (A) of
			 rule 3745-103-29 of the
			 Administrative Code.
(86)
			 "Operating period" means a period of time of not less than three consecutive
			 months and that occurs not more than one month prior to applying for an
			 alternative emission limitation demonstration period under rule
			 3745-103-62 of the
			 Administrative Code, during which the owner or operator of an affected unit
			 that cannot meet the applicable emission limitation meets all of the following:
(a) Operates the installed
			 NOx emission controls in accordance with primary vendor
			 specifications and procedures, with the unit operating under normal
			 conditions.
(b) Records and reports
			 quality-assured continuous emission monitoring (CEM) and unit operating data
			 according to the methods and procedures in 40 CFR Part 75.
(87) "Operating permit" means a permit issued
			 under 40 CFR Part 70 and any other regulations implementing Title V of the
			 Clean Air Act.
(88) "Opt-in" or
			 "opt into" means to elect to become an affected unit under the acid rain
			 program through the issuance of the final effective opt-in permit under rule
			 3745-103-28 of the
			 Administrative Code.
(89) "Opt-in
			 permit" means the legally binding written document that is contained within the
			 acid rain permit and sets forth the requirements under rule
			 3745-103-29 of the
			 Administrative Code for a combustion source or rule
			 3745-103-30 of the
			 Administrative Code for a process source that opts into the acid rain
			 program.
(90) "Opt-in source" means
			 a combustion source or process source that has elected to become an affected
			 unit under the acid rain program and whose opt-in permit has been issued and is
			 in effect.
(91) "Owner" means any
			 of the following persons:
(a) Any holder of
			 any portion of the legal or equitable title in an affected unit or in a
			 combustion source or process source.
(b) Any holder of a leasehold interest in an
			 affected unit or in a combustion source or process source.
(c) Any purchaser of power from an affected
			 unit or from a combustion source or process source under a life-of-the-unit,
			 firm power contractual arrangement as the term is defined herein and used in
			 section 408 (i) of the Clean Air Act. However, unless expressly provided for in
			 a leasehold agreement, owner shall not include a passive lessor, or a person
			 who has an equitable interest through such lessor, whose rental payments are
			 not based, either directly or indirectly, upon the revenues or income from the
			 affected unit.
(d) With respect to
			 any allowance tracking system general account, any person identified in the
			 submission required by 40
			 CFR 73.31(c) that is subject
			 to the binding agreement for the authorized account representative to represent
			 that person's ownership interest with respect to allowances.
(92) "Operator" means any person
			 who is an owner or who operates, controls, or supervises an affected unit or
			 affected source and 
									includes, but is
			 not  limited to, any holding company,
			 utility system, or plant manager of an affected unit or affected source,
			 combustion source, or process source.
(93) "Ozone season" means the period of time
			 beginning May first of a year and ending on September thirtieth of the same
			 year, inclusive.
(94) "Peaking
			 unit" means:
(a) A unit that has all of the
			 following:
(i) An average capacity factor of
			 no more than 10.0 per cent during the previous three calendar years,
(ii) A capacity factor of no more than 20.0
			 per cent in each of those calendar years.
(b) For the purpose of 40 CFR Part 75, a unit
			 may initially qualify as a peaking unit if the designated representative
			 demonstrates to the satisfaction of the director that the requirements of
			 paragraph (B)(95)(a) of this rule are met, or will in the future be met,
			 through one of the following submissions:
(i)
			 For a unit for which a monitoring plan has not been submitted under
			 40 CFR
			 75.62, the designated representative submits
			 either of the following:
(a) Capacity factor
			 data for the unit for the three calendar years immediately preceding the date
			 of initial submission of the monitoring plan for the unit under
			 40 CFR
			 75.62.
(b) If unit does not have capacity factor
			 data for one or more of the three years immediately preceding the date of
			 initial submission of the monitoring plan for the unit under
			 40 CFR
			 75.62, all available capacity factor data,
			 beginning with the date on which the unit commenced commercial operation; and
			 projected capacity factor data.
(ii) For a unit for which a monitoring plan
			 has already been submitted under
			 40 CFR
			 75.62, that has not qualified as a peaking
			 unit under paragraph (B)(95)(b)(i) of this rule, and where the capacity factor
			 changes, the designated representative submits either of the following:
(a) Three calendar years of data following
			 the change in the units capacity factor showing an average capacity factor of
			 no more than 10.0 per cent during the three previous calendar years and a
			 capacity factor of no more than 20.0 per cent for each of those
			 years.
(b) One calendar year of
			 data following the change in the units capacity factor showing a capacity
			 factor of no more than 10.0 per cent and a statement that this changed pattern
			 of operation resulting in a capacity factor less than 10.0 per cent is
			 considered permanent and is projected to continue for the foreseeable
			 future.
(c)
			 For the purpose of 40 CFR Part 75, a unit that initially qualifies as a peaking
			 unit 
										shall meet the criteria in paragraph (B)(95)(a) of
			 this rule each year in order to continue to qualify as a peaking unit. If such
			 a unit fails to meet such criteria for a given year, the unit no longer
			 qualifies as a peaking unit starting January first of the year after the year
			 for which the criteria are not met. If a unit failing to meet the criteria in
			 paragraph (B) (95)(a) of this rule initially qualified as a peaking unit under
			 paragraph (B) (95)(b) of this rule, the unit may qualify as a peaking unit for
			 a subsequent year only if the designated representative submits the data
			 specified in paragraph (B)(95)(b)(ii)(a) of this rule.
(d) A unit required to comply with the
			 provisions of 40 CFR Part 75, Subpart H, under a State or Federal
			 NOx mass emissions reduction program, may, pursuant to
			 40 CFR
			 75.74(c)(11), qualify as a
			 peaking unit on an ozone season basis rather than an annual basis, if the owner
			 or operator reports NOx mass emissions and heat input
			 data only during the ozone season.
(95) "Permitting authority" means the Ohio
			 EPA, local agency, other state agency, or other agency authorized by the
			 director to administer acid rain permits under rule
			 3745-103-13 of the
			 Administrative Code.
(96) "Permit
			 revision" means a permit modification, fast track modification, administrative
			 permit amendment, or automatic permit amendment, as provided in rules
			 3745-103-16 to
			 3745-103-19 of the
			 Administrative Code.
(97) "Phase I"
			 means the acid rain program beginning January 1, 1995 and ending December 31,
			 1999.
(98) "Phase I unit" means any
			 affected unit, except an affected unit under rules
			 3745-103-22 to
			 3745-103-54 of the
			 Administrative Code, that is subject to an acid rain emissions reduction
			 requirement or acid rain emissions limitations beginning in phase I; or any
			 unit exempt under rule
			 3745-103-04 of the
			 Administrative Code that, but for such exemption, would be subject to an acid
			 rain emissions limitation beginning in phase I.
(99) "Phase II" means the acid rain program
			 period beginning January 1, 2000, and continuing into the future
			 thereafter.
(100) "Phase II unit"
			 means any affected unit, except an affected unit under rules
			 3745-103-22 to
			 3745-103-54 of the
			 Administrative Code, that is subject to an acid rain emissions reduction
			 requirement or acid rain emissions limitation during phase II only.
(101) "Pipeline natural gas" means a
			 naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or
			 propane) produced in geological formations beneath the Earth's surface that
			 maintains a gaseous state at standard atmospheric temperature and pressure
			 under ordinary conditions, and which is provided by a supplier through a
			 pipeline. Pipeline natural gas contains 0.5 grains or less of total sulfur per
			 one hundred standard cubic feet. Additionally, pipeline natural gas
			 
									shall
			 either be composed of at least seventy per cent methane by volume or have a
			 gross calorific value between nine hundred fifty and one thousand one hundred
			 Btu per standard cubic foot.
(102)
			 "Plug-in combustion controls" means the replacement, in a cell burner boiler,
			 of existing cell burners by low NOx burners or low
			 NOx burners with overfire air.
(103) "Potential electrical output capacity"
			 means the MWe capacity rating for the units which shall be equal to
			 thirty-three per cent of the maximum design heat input capacity of the steam
			 generating unit, as calculated according to 40 CFR Part 72, Appendix
			 D.
(104) "Power distribution
			 system" means the portion of an electricity grid owned or operated by a utility
			 that is dedicated to delivering electric energy to customers.
(105) "Power purchase commitment" means a
			 commitment or obligation of a utility to purchase electric power from a
			 facility pursuant to any of the following:
(a)
			 A power sales agreement.
(b) A
			 state regulatory authority order requiring a utility to perform any of the
			 following:
(i) Enter into a power sales
			 agreement with the facility.
(ii)
			 Purchase from the facility.
(iii)
			 Enter into arbitration concerning the facility for the purpose of establishing
			 terms and conditions of the utility's purchase of power.
(c) A letter of intent or similar instrument
			 committing to purchase power (actual electrical output or generator output
			 capacity) from the source at a previously offered or lower price and a power
			 sales agreement applicable to the source is executed within the time frame
			 established by the terms of the letter of intent, but no later than November
			 15, 1993 or, where the letter of intent does not specify a time frame, a power
			 sales agreement applicable to the source is executed on or before November 15,
			 1993.
(d) A utility competitive bid
			 solicitation that resulted in the selection of the qualifying facility or
			 independent power production facility as the winning bidder.
(106) "Power sales agreement"
			 means a legally binding agreement between a QF, IPP, or firm associated with
			 such facility and a regulated electric utility that establishes the terms and
			 conditions for the sale of power from the facility to the utility.
(107) "Primary fuel" or "primary fuel supply"
			 means the main fuel type (expressed in MMBtu) consumed by an affected unit for
			 the applicable calendar year.
(108)
			 "Primary vendor" means the vendor of the NOx emission
			 control system who has primary responsibility for providing the equipment,
			 service, and technical expertise necessary for detailed design, installation,
			 and operation of the controls, including process data, mechanical drawings,
			 operating manuals, or any combination thereof.
(109) "Probationary calibration error test"
			 means an on-line calibration error test performed in accordance with 40 CFR
			 Part 75, Appendix B, Section 2.1.1, that is used to initiate a conditionally
			 valid data period.
(110) "QA
			 operating quarter" means a calendar quarter in which there are at least one
			 hundred sixty-eight unit operating hours or, for a common stack or bypass stack
			 or bypass stack, a calendar quarter in which there are at least one hundred
			 sixty-eight stack operating hours.
(111) "Qualifying facility" or "QF" means a
			 qualifying small power production facility within the meaning of section
			 3(17)(C) of the Federal Power Act or a qualifying cogeneration facility within
			 the meaning of section 3(18)(B) of the Federal Power Act.
(112) "Qualifying power purchase commitment"
			 means a power purchase commitment in effect as of November 15, 1990, without
			 regard to changes to that commitment so long as both of the following apply:
(a) The identity of the electric output
			 purchaser, or the identity of the steam purchaser and the location of the
			 facility, remain unchanged as of the date the facility commences commercial
			 operation.
(b) The terms and
			 conditions of the power purchase commitment are not changed in such a way as to
			 allow the costs of compliance with the acid rain program to be shifted to the
			 purchaser.
(113)
			 "Qualifying repowering technology" means replacement of an existing coal-fired
			 boiler with one of the following clean coal technologies: atmospheric or
			 pressurized fluidized bed combustion, integrated gasification combined cycle,
			 magnetohydrodynamics, direct and indirect coal-fired turbines, integrated
			 gasification fuel cells, or as determined by the USEPA, in consultation with
			 the secretary of energy, a derivative of one or more of these technologies, and
			 any other technology capable of controlling multiple combustion emissions
			 simultaneously with improved boiler or generation efficiency and with
			 significantly greater waste reduction relative to the performance of technology
			 in widespread commercial use as of November 15, 1990.
(114) "RATA" means relative accuracy test
			 audit.
(115) "Reburning" means
			 reducing the coal and combustion air to the main burners and injecting a reburn
			 fuel (such as gas or oil) to create a fuel-rich secondary combustion zone above
			 the main burner zone and final combustion air to create a fuel-lean burnout
			 zone. The formation of NOx is inhibited in the main
			 burner zone due to the reduced combustion intensity, and
			 NOx is destroyed in the fuelrich secondary combustion
			 zone by conversion to molecular nitrogen.
(116) "Reduced utilization" means a
			 reduction, during any calendar year in phase I, in the heat input (expressed in
			 MMBtu for the calendar year) at a phase I unit below the unit's baseline, where
			 such reduction subjects the unit to the requirement to submit a reduced
			 utilization plan under 40
			 CFR 72.43; or, in the case of an opt-in
			 source, means a reduction in the average utilization, as specified in rule
			 3745-103-45 of the
			 Administrative Code, of an opt-in source below the opt-in source's
			 baseline.
(117) "Replacement unit"
			 means an affected unit replacing the thermal energy provided by an opt-in
			 source, where both the affected unit and the opt-in source are governed by a
			 thermal energy plan.
(118)
			 "Repowering extension" means owners or operators of certain affected units,
			 which 
									were operating in 1985 or before with 1985
			 SO2 emission rates of 1.2 pounds per MMBtu or greater,
			 may apply for additional phase II allowance allocations for up to four years
			 (the extension period) in exchange for replacing existing boiler technology
			 with new USEPA approved clean coal technology.
(119) "Research gas mixture (RGM)" means a
			 calibration gas mixture developed by agreement of a requestor and NIST that
			 NIST analyzes and certifies as "NIST traceable." RGM may have concentrations
			 different from those of standard reference materials.
(120) "Schedule of compliance" means an
			 enforceable sequence of actions, measures, or operations designed to achieve or
			 maintain compliance, or correct noncompliance, with an applicable requirement
			 of the acid rain program, including any applicable acid rain permit
			 requirement.
(121) "Selective
			 catalytic reduction" means a noncombustion control technology that destroys
			 NOx by injecting a reducing agent (e.g., ammonia) into
			 the flue gas that, in the presence of a catalyst (e.g., vanadium, titanium, or
			 zeolite), converts NOx into molecular nitrogen and
			 water.
(122) "Selective
			 noncatalytic reduction" means a noncombustion control technology that destroys
			 NOx by injecting a reducing agent (e.g., ammonia, urea,
			 or cyanuric acid) into the flue gas, downstream of the combustion zone that
			 converts NOx to molecular nitrogen, water, and when urea
			 or cyanuric acid are used, to carbon dioxide
			 (CO2).
(123)
			 "Simple combustion turbine" means a unit that is a rotary engine driven by a
			 gas under pressure that is created by the combustion of any fuel. This term
			 includes combined cycle units without auxiliary firing. This term excludes
			 combined cycle units with auxiliary firing, unless the unit did not use the
			 auxiliary firing from 1985 through 1987 and does not use auxiliary firing at
			 any time after November 15, 1990.
(124) "Solid waste incinerator" means a
			 distinct operating unit of any facility which combusts any solid waste material
			 from commercial or industrial establishments or the general public, including
			 single and multiple residences, hotels, and motels.
(125) "SO2RTE" means a
			 data field listed in the national allowance data base which represents the 1985
			 boiler SO2 emission rate expressed in pounds per
			 MMBtu.
(126)
			 "SO2" means sulfur dioxide.
(127) "Source" means any governmental,
			 institutional, commercial, or industrial structure, installation, plant,
			 building, or facility that emits or has the potential to emit any regulated air
			 pollutant under the Clean Air Act, provided that one or more combustion or
			 process sources that have, under paragraph (C) of rule
			 3745-103-25 of the
			 Administrative Code, a different designated representative than the designated
			 representative for one or more affected utility units at a source shall be
			 treated as being included in a separate source from the source that includes
			 such utility units for purposes of 40 CFR Parts 72 to 78, but shall be treated
			 as being included in the same source as the source that includes such utility
			 units for purposes of section 502(c) of the Clean Air Act. For purposes of this
			 rule, a "source," including a "source" with multiple units,
			 
									is
			 considered a single "facility."
(128) "Span" means the highest pollutant or
			 diluent concentration or flow rate that a monitor component is required to be
			 capable of measuring under 40 CFR Part 75.
(129) "Stack operating hour" means a clock
			 hour during which flue gases flow through a particular stack or duct (either
			 for the entire hour or for part of the hour) while the associated unit is
			 combusting fuel.
(130) "Standard
			 reference material-equivalent compressed gas primary reference material
			 (SRM-equivalent PRM)" means those gas mixtures listed in a declaration of
			 equivalence in accordance with section 2.1.2 of the "EPA Traceability Protocol
			 for Assay and Certification of Gaseous Calibration Standards,"
			 EPA-600/R-12/53.
(131) "State"
			 means one of the forty-eight contiguous states and the District of Columbia and
			 includes any non-federal authorities, including local agencies, interstate
			 associations, and state-wide agencies with approved state operating permit
			 programs. The term "state" 
									has the conventional meaning where such meaning
			 is clear from the context.
(132)
			 "State operating permit program" means an operating permit program that the
			 USEPA has approved under 40 CFR Part 70.
(133) "Stationary gas turbine" means a
			 turbine that is not self-propelled and that combusts natural gas, other gaseous
			 fuel with a total sulfur content no greater than the total sulfur content of
			 natural gas, or fuel oil in order to heat inlet combustion air and thereby turn
			 a turbine in addition to or instead of producing steam or heating
			 water.
(134) "Stoker boiler" means
			 a boiler that burns solid fuel in a bed, on a stationary or moving grate, that
			 is located at the bottom of the furnace.
(135) "Sulfur-free generation" means the
			 generation of electricity by a process that does not have any emissions of
			 sulfur dioxide, including hydroelectric, nuclear, solar, and wind
			 generation.
(136) "Submit" or
			 "serve" means to send or transmit a document, information, or correspondence to
			 the person specified in accordance with the applicable regulations by one of
			 the following methods:
(a) In
			 person.
(b) By United States postal
			 service.
(c) By other equivalent
			 means of dispatch, or transmission, and delivery.
Compliance with any submission, service, or mailing deadline
				
											is
				determined by the date of dispatch, transmission, or mailing and not the date
				of receipt.
(137)
			 "Sulfur-free generator" means a generator that produces such sulfur-free
			 generation.
(138) "Tangentially
			 fired boiler" means a boiler that has coal and air nozzles mounted in each
			 corner of the furnace where the vertical furnace walls meet. Both pulverized
			 coal and air are directed from the furnace corners along a line tangential to a
			 circle lying in a horizontal plane of the furnace.
(139) "Thermal energy" means the thermal
			 output produced by a combustion source used directly as part of a manufacturing
			 process but not used to produce electricity.
(140) "Ton" or "tonnage" means any short ton
			 (i.e., two thousand pounds). For the purpose of determining compliance with the
			 acid rain emissions limitations and reduction requirements, total tons for a
			 year shall be calculated as the sum of all recorded hourly emissions (or the
			 tonnage equivalent of the recorded hourly emissions rates) in accordance with
			 40 CFR Part 75, with any remaining fraction of a ton equal to or greater than
			 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton
			 deemed not to equal a ton.
(141)
			 "Total installed net output capacity" means the generator output capacity,
			 excluding that portion of the electrical power actually used at the power
			 production facility, as installed.
(142) "Total planned net output capacity"
			 means the planned generator output capacity, excluding that portion of the
			 electrical power which is designed to be used at the power production facility,
			 as specified under one or more qualifying power purchase commitments or
			 contemporaneous documents as of November 15, 1990.
(143) "Turbo-fired boiler" means a pulverized
			 coal, wall-fired boiler with burners arranged on walls so that the individual
			 flames extend down toward the furnace bottom and then turn back up through the
			 center of the furnace.
(144) "Unit"
			 means a fossil fuel-fired combustion device.
(145) "Unit operating hour" means a clock
			 hour during which a unit combusts any fuel, either for part of the hour or for
			 the entire hour.
(146) "USEPA"
			 means the United States environmental protection agency.
(147) "Utility" means any person that sells
			 electricity.
(148) "Utility
			 competitive bid solicitation" is a public request from a regulated utility for
			 offers to the utility for meeting future generating needs. A qualifying
			 facility, independent power production facility, or new IPP may be regarded as
			 having been selected in such solicitation if the utility has named the facility
			 as a project with which the utility intends to negotiate a power sales
			 agreement.
(149) "Utility system"
			 means all interconnected units and generators operated by the same utility
			 operating company as reported in the NADB under the data field
			 "UTILNAME."
(150) "Utility unit"
			 means a unit owned or operated by a utility:
(a) That serves a generator in any state that
			 produces electricity for sale; or
(b) That during 1985, served a generator in
			 any state that produced electricity for sale.
(c) Notwithstanding paragraphs (B)(151)(a)
			 and (B)(151)(b) of this rule, a unit that was in operation during 1985, but did
			 not serve a generator that produced electricity for sale during 1985, and did
			 not commence commercial operation on or after November 15, 1990 is not a
			 utility unit for purposes of the acid rain program.
(d) Notwithstanding paragraphs (B)(151)(a)
			 and (B)(151)(b) of this rule, a unit that cogenerates steam and electricity is
			 not a utility unit for purposes of the acid rain program, unless the unit is
			 constructed for the purpose of supplying, or commences construction after
			 November 15, 1990 and supplies, more than one-third of its potential electrical
			 output capacity and more than twenty-five MWe output to any power distribution
			 system for sale.
(151)
			 "Vertically fired boiler" means a dry bottom boiler with circular burners, or
			 coal and air pipes, oriented downward and mounted on waterwalls that are
			 horizontal or at an angle. This definition 
									includes dry bottom roof-fired
			 boilers and dry bottom top-fired boilers, and 
									excludes dry bottom arch-fired
			 boilers and dry bottom turbo-fired boilers.
(152) "Very low sulfur fuel" means any of the
			 following:
(a) A fuel with a total sulfur
			 content no greater than 0.05 per cent by weight.
(b) Natural gas or pipeline natural gas, as
			 defined in this rule.
(c) Any
			 gaseous fuel with a total sulfur content no greater than twenty grains of
			 sulfur per one hundred standard cubic feet.
(153) "Wall-fired boiler" means a boiler that
			 has pulverized coal burners arranged on the walls of the furnace. The burners
			 have discrete, individual flames that extend perpendicularly into the furnace
			 area.
(154) "Wet bottom" means that
			 the ash is removed from the furnace in a molten state.
(155) "Wet bottom boiler"
			 
									includes: wet bottom wall-fired boilers, including wet
			 bottom turbo-fired boilers; and wet bottom boilers otherwise meeting the
			 definition of vertically fired boilers, including wet bottom archfired boilers,
			 wet bottom roof-fired boilers, and wet bottom top-fired boilers. The term "wet
			 bottom boiler" 
									excludes cyclone boilers and tangentially fired
			 boilers.
(156) "Zero air material"
			 means any of the following:
(a) A calibration
			 gas certified by the gas vendor not to contain concentrations of
			 SO2, NOx, or total hydrocarbons
			 above one tenth part per million, a concentration of CO above one part per
			 million, or a concentration of CO2 above four hundred
			 parts per million.
(b) Ambient air
			 conditioned and purified by a CEMS for which the CEMS manufacturer or vendor
			 certifies that the particular CEMS model produces conditioned gas that does not
			 contain concentrations of SO2,
			 NOx, or total hydrocarbons above one tenth part per
			 million, a concentration of CO above one part per million, or a concentration
			 of CO2 above four hundred parts per million.
(c) For dilution-type CEMS, conditioned and
			 purified ambient air provided by a conditioning system concurrently supplying
			 dilution air to the CEMS.
(d) A
			 multicomponent mixture certified by the supplier of the mixture that the
			 concentration of the component being zeroed is less than or equal to the
			 applicable concentration specified in paragraph (B)(157)(a) of this rule, and
			 that the mixture's other components do not interfere with the CEMS
			 readings.