New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-1 - CO[2] BUDGET TRADING PROGRAM GENERAL PROVISIONS › Section 242-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the extent
					 that they are not inconsistent with the specific definitions in subdivision (b)
					 of this section, the general definitions of Part 200 of this Title apply to
					 this Part.
(b) For the purposes of
					 this Part, the following specific definitions apply:
(1) 'Account number'. The identification
					 number given by the department or its agent to each CO2
					 Allowance Tracking System account.
(2) 'Acid rain emissions limitation'. As
					 defined in
					 40
					 CFR 72.2 (see Table 1, section
					 200.9 of this
					 Title), a limitation on emissions of sulfur dioxide or nitrogen oxides under
					 the Acid Rain Program under title IV of the Clean Air Act.
(3) 'Acid Rain Program'. A multi-state sulfur
					 dioxide and nitrogen oxides air pollution control and emission reduction
					 program established by the Administrator under title IV of the CAA and 40 CFR
					 parts 72 through 78 (see Table 1, section
					 200.9 of this
					 Title).
(4) 'Administrator'.
					 'Administrator' means the Administrator of the United States Environmental
					 Protection Agency or the Administrator's authorized representative.
(5) 'Allocate or allocation'. The
					 determination by the department of the number of CO2
					 allowances to be recorded in the compliance account of a
					 CO2 budget unit, an allocation set-aside account, the
					 energy efficiency and clean energy technology account, or the general account
					 of the sponsor of an approved CO2 emissions offset
					 project.
(6) 'Allocation year'. A
					 calendar year for which the department allocates or awards
					 CO2 allowances pursuant to Subparts 242-5 and 242-10 of
					 this Part. The allocation year of each CO2 allowance is
					 reflected in the unique identification number given to the allowance pursuant
					 to subdivision
					 242-6.4(b) 
					 of this Part.
(7) 'Allowance
					 auction or auction'. An auction in which the New York State Research and
					 Development Authority (NYSERDA) or its agent offers CO2
					 allowances for sale.
(8)
					 'Attribute'. A characteristic, claim, credit, benefit, emissions reduction,
					 offset, allowance, allocation, howsoever characterized, denominated, measured
					 or entitled, associated with electricity generated using a particular renewable
					 fuel, such as its generation date, facility geographic location, unit vintage,
					 emissions output, fuel, state program eligibility, or other characteristic that
					 can be identified, accounted for, and tracked.
(9) 'Attribute credit'. An attribute credit
					 represents the attributes related to one megawatt-hour of electricity
					 generation.
(10) 'Automated data
					 acquisition and handling system or DAHS'. That component of the continuous
					 emissions monitoring system, or other emissions monitoring system approved for
					 use under Subpart 242-8 of this Part, designed to interpret and convert
					 individual output signals from pollutant concentration monitors, flow monitors,
					 diluent gas monitors, and other component parts of the monitoring system to
					 produce a continuous record of the measured parameters in the measurement units
					 required by Subpart 242-8 of this Part.
(11) 'Award'. The determination by the
					 Department of the number of CO2 offset allowances to be
					 recorded in the general account of a project sponsor pursuant to 242-10.7 of
					 this Part. Award is a type of allocation.
(12) 'Boiler'. An enclosed fossil or other
					 fuel-fired combustion device used to produce heat and to transfer heat to
					 recirculating water, steam, or other medium.
(13) 'CO2 allowance'.
					 A limited authorization by the department or a participating state under the
					 CO2 Budget Trading Program to emit up to one ton of
					 CO2, subject to all applicable limitations contained in
					 this Part. No provision of this regulation shall be construed to limit the
					 authority of the department or a participating state to terminate or limit such
					 authorization to emit. This limited authorization does not constitute a
					 property right.
(14)
					 'CO2 allowance deduction or deduct
					 CO2 allowances'. The permanent withdrawal of
					 CO2  allowances by the Department or its agent from a
					 CO2 allowance tracking system compliance account to
					 account for the number of tons of CO2 emitted from a
					 CO2 budget source for a control period or an interim
					 control period, determined in accordance with Subpart 242-8 of this Part, or
					 for the forfeit or retirement of CO2 allowances as
					 provided by this Part.
(15)
					 'CO2 allowances held or hold CO2
					 allowances'. The CO2 allowances recorded by the
					 department or its agent, or submitted to the department or its agent for
					 recordation, in accordance with Subparts 242-6 and 242-7 of this Part, in a
					 CO2 allowance tracking system account.
(16) 'CO2 Allowance
					 Tracking System (COATS)'. The system by which the department or its agent
					 records allocations, deductions, and transfers of CO2
					 allowances under the CO2 Budget Trading Program. The
					 tracking system may also be used to track CO2 emissions
					 offset projects, CO2 allowance prices and emissions from
					 affected sources, and to determine the New York CO2
					 Budget Trading Program adjusted budget in accordance with section
					 242-5.2 
					 of this Part.
(17)
					 'CO2 allowance tracking system account'. An account in
					 the CO2 Allowance Tracking System established by the
					 department or its agent for purposes of recording the allocation, holding,
					 transferring, or deducting of CO2 allowances.
(18) 'CO2 allowance
					 transfer deadline'. Midnight of the March 1st occurring after the end of the
					 relevant control period and each relevant interim control period or, if that
					 March 1st is not a business day, midnight of the first business day thereafter
					 and is the deadline by which CO2 allowances must be
					 submitted for recordation in a CO2 budget source's
					 compliance account in order for the source to meet the
					 CO2 requirements of subdivision
					 242-1.5(c) 
					 of this Subpart for the control period and each interim control period
					 immediately preceding such deadline.
(19) 'CO2 authorized
					 account representative'. For a CO2 budget source and
					 each CO2 budget unit at the source, the natural person
					 who is authorized by the owners and operators of the source and all
					 CO2 budget units at the source, in accordance with
					 Subpart 242-2 of this Part, to represent and legally bind each owner and
					 operator in matters pertaining to the CO2 Budget Trading
					 Program or, for a general account, the natural person who is authorized, under
					 Subpart 242-6 of this Part, to transfer or otherwise dispose of
					 CO2 allowances held in the general account. If the
					 CO2 budget source is also subject to the Acid Rain
					 Program, CSAPR NO Annual Trading Program, CSAPR NOOzone Season Trading Program,
					 CSAPR SO Group 1 Trading Program or CSAPR SO Group 2 Trading Program then, for
					 a CO2 Budget Trading Program compliance account, this
					 natural person shall be the same person as the designated representative as
					 defined in the respective program.
(20) 'CO authorized alternate account
					 representative'. For a CO budget source and each CO budget unit at the source,
					 the alternate natural person who is authorized by the owners and operators of
					 the source and all CO budget units at the source, in accordance with Subpart
					 242-2 of this Part, to represent and legally bind each owner and operator in
					 matters pertaining to the CO Budget Trading Program or, for a general account,
					 the alternate natural person who is authorized, under Subpart 242-6 of this
					 Part, to transfer or otherwise dispose of CO allowances held in the general
					 account. If the CObudget source is also subject to the Acid Rain Program, CSAPR
					 NO Annual Trading Program, CSAPR NO Ozone Season Trading Program, CSAPR SO
					 Group 1 Trading Program or CSAPR SO Group 2 Trading Program then, for a CO
					 Budget Trading Program compliance account, this alternate natural person shall
					 be the same person as the alternate designated representative as defined in the
					 respective program.
(21)
					 'CO2 budget emissions limitation'. For a
					 CO2 budget source, the tonnage equivalent, in
					 CO2 emissions in a control period or an interim control
					 period, of the CO2 allowances available for compliance
					 deduction for the source for a control period or an interim control
					 period.
(22)
					 'CO2 budget permit'. The portion of the legally binding
					 permit issued by the department pursuant to Parts 201 and 621 of this Title to
					 a CO2 budget source or CO2 budget
					 unit which specifies all applicable CO2 Budget Trading
					 Program requirements.
(23)
					 'CO2 budget source'. A source that includes one or more
					 CO2 budget units.
(24) 'CO2 Budget
					 Trading Program'. A multi-state CO2 air pollution
					 control and emissions reduction program established pursuant to this Part and
					 corresponding regulations in other states as a means of reducing emissions of
					 CO2 from CO2 budget
					 sources.
(25)
					 'CO2 Budget Trading Program adjusted budget'. The New
					 York CO2 Budget Trading Program adjusted budget is
					 determined in accordance with section
					 242-5.2 
					 of this Part and is the annual amount of CO2 tons
					 available in New York for allocation in a given allocation year, in accordance
					 with the CO2 Budget Trading Program.
					 CO2 offset allowances allocated to project sponsors and
					 CO2 CCR allowances offered for sale at an auction are
					 separate from and additional to CO2 allowances allocated
					 from the New York CO2 Budget Trading Program adjusted
					 budget.
(26)
					 'CO2 Budget Trading Program base budget'. The New York
					 CO2 Budget Trading Program base budget is specified in
					 section
					 242-5.1 
					 of this Part. CO2 offset allowances allocated to project
					 sponsors and CO2 CCR allowances offered for sale at an
					 auction are separate from and additional to CO2
					 allowances allocated from the CO2 Budget Trading Program
					 base budget.
(27)
					 'CO2 budget unit'. A unit that is subject to the
					 CO2 Budget Trading Program requirements under section
					 242-1.4  of this
					 Part.
(28)
					 'CO2 cost containment reserve allowance or
					 CO2 CCR allowance'. A CO2
					 allowance that is offered for sale at an auction by NYSERDA or its agent for
					 the purpose of containing the cost of CO2  Allowances.
					 CO2 CCR allowances offered for sale at an auction are
					 separate from and additional to CO2 allowances allocated
					 from the CO2 Budget Trading Program base and adjusted
					 budgets. CO2 CCR allowances are subject to all
					 applicable limitations contained in this Part and in 21 NYCRR Part
					 507.
(29)
					 'CO2 equivalent'. The quantity of a given greenhouse gas
					 multiplied by its global warming potential (GWP).
(30) 'CO2 offset
					 allowance'. A CO2 allowance that is awarded to the
					 sponsor of a CO2 emissions offset project pursuant to
					 section
					 242-10.7 
					 of this Part and is subject to the relevant compliance deduction limitations of
					 paragraph 242-6.5(a)(3) of this Part.
(31) 'Combined cycle system'. A system
					 comprised of one or more combustion turbines, heat recovery steam generators,
					 and steam turbines configured to improve overall efficiency of electricity
					 generation or steam production.
(32) 'Combustion turbine'. An enclosed fossil
					 or other fuel-fired device that is comprised of a compressor (if applicable), a
					 combustor, and a turbine, and in which the flue gas resulting from the
					 combustion of fuel in the combustor passes through the turbine, rotating the
					 turbine.
(33) 'Commence commercial
					 operation'. With regard to a unit that serves a generator, to have begun to
					 produce steam, gas, or other heated medium used to generate electricity for
					 sale or use, including test generation. For a unit that is a
					 CO2 budget unit under section
					 242-1.4  of this
					 Subpart on the date the unit commences commercial operation, such date shall
					 remain the unit's date of commencement of commercial operation even if the unit
					 is subsequently modified, reconstructed, or repowered. For a unit that is not a
					 CO2 budget unit under section
					 242-1.4  of this
					 Subpart on the date the unit commences commercial operation, the date the unit
					 becomes a CO2 budget unit under section
					 242-1.4  of this
					 Subpart shall be the unit's date of commencement of commercial
					 operation.
(34) 'Commence
					 operation'. To begin any mechanical, chemical, or electronic process,
					 including, with regard to a unit, start-up of a unit's combustion chamber. For
					 a unit that is a CO2 budget unit under section
					 242-1.4  of this
					 Subpart on the date of commencement of operation, such date shall remain the
					 unit's date of commencement of operation even if the unit is subsequently
					 modified, reconstructed, or repowered. For a unit that is not a
					 CO2 budget unit under section
					 242-1.4  of this
					 Subpart on the date of commencement of operation, the date the unit becomes a
					 CO2 budget unit under section
					 242-1.4  of this
					 Subpart shall be the unit's date of commencement of operation.
(35) 'Compliance account'. A
					 CO2 Allowance Tracking System account, established by
					 the department or its agent for a CO2 budget source
					 under Subpart 242-6 of this Part, in which are held CO2
					 allowances available for use by the source for a control period and each
					 interim control period for the purpose of meeting the
					 CO2 requirements of subdivision
					 242-1.5(c) 
					 of this Subpart.
(36) 'Continuous
					 emissions monitoring system or CEMS'. The equipment required under Subpart
					 242-8 of this Part to sample, analyze, measure, and provide, by means of
					 readings recorded at least once every 15 minutes (using an automated DAHS), a
					 permanent record of stack gas volumetric flow rate, stack gas moisture content,
					 and oxygen or carbon dioxide concentration (as applicable), in a manner
					 consistent with    40 CFR part 75    (see Table 1, section
					 200.9 of this
					 Title) and Subpart 242-8 of this Part. The following systems are types of
					 continuous emissions monitoring systems required under Subpart 242-8 of this
					 Part.
(i) A flow monitoring system,
					 consisting of a stack flow rate monitor and an automated data acquisition and
					 handling system and providing a permanent, continuous record of stack gas
					 volumetric flow rate, in standard cubic feet per hour (scfh);
(ii) A nitrogen oxides emissions rate (or
					 NOX-diluent) monitoring system, consisting of a
					 NOX
pollutant concentration monitor, a diluent gas
						(CO2 or O2) monitor, and an
						automated data acquisition and handling system and providing a permanent,
						continuous record of NOX concentration, in parts per
						million (ppm), diluent gas concentration, in percent CO2
						or O2; and NOX emissions rate, in
						pounds per million British thermal units (lb/MMBtu);
(iii) A moisture monitoring system, as
					 defined in
					 40 CFR
					 75.11(b)(2) (see Table 1,
					 section
					 200.9 of this
					 Title) and providing a permanent, continuous record of the stack gas moisture
					 content, in percent H2O;
(iv) A carbon dioxide monitoring system,
					 consisting of a CO2 pollutant concentration monitor (or
					 an oxygen monitor plus suitable mathematical equations from which the
					 CO2 concentration is derived) and an automated data
					 acquisition and handling system and providing a permanent, continuous record of
					 CO2 emissions, in percent CO2;
					 and
(v) An oxygen monitoring
					 system, consisting of an O2 concentration monitor and an
					 automated data acquisition and handling system and providing a permanent,
					 continuous record of O2, in percent
					 O2.
(37) 'Control period'. The control period is
					 a three-calendar-year time period. The first control period was from January 1,
					 2009 to December 31, 2011, inclusive. Each subsequent sequential
					 three-calendar-year period is a separate control period. The first two calendar
					 years of each control period are each defined as an interim control period,
					 beginning on January 1, 2015.
(38)
					 'CO Cost containment reserve trigger price, or CCR trigger price'. The CCR
					 trigger price is the minimum price at which CO2 CCR
					 allowances are offered for sale by NYSERDA or its agent at an auction. The CCR
					 trigger price shall be $10.00 per CO2 allowance in
					 calendar year 2017. Each calendar year thereafter through 2020, the CCR trigger
					 price shall be 1.025 multiplied by the CCR trigger price from the previous
					 calendar year, rounded to the nearest whole cent. The CCR trigger price in
					 calendar year 2021 shall be $13.00. Each calendar year thereafter, the CCR
					 trigger price shall be 1.07 multiplied by the CCR trigger price from the
					 previous calendar year, rounded to the nearest whole cent, as shown in Table 1
					 below.
Table 1. CO CCR Trigger Price
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
$10.25
$10.51
$10.77
$13.00
$13.91
$14.88
$15.92
$17.03
$18.22
$19.50
$20.87
$22.33
$23.89
(39) 'CO emissions containment reserve
					 allowance or CO ECR allowance'. A CO allowance that is withheld from sale at an
					 auction by NYSERDA or its agent pursuant to 21 NYCRR Part 507 for the purpose
					 of additional emission reduction in the event of lower than anticipated
					 emission reduction costs.
(40) 'CO
					 emissions containment reserve trigger price, or ECR trigger price'. The ECR
					 trigger price is the price below which CO allowances will be withheld from sale
					 by NYSERDA or its agent at an auction pursuant to 21 NYCRR Part 507. The ECR
					 trigger price in calendar year 2021 shall be $6.00. Each calendar year
					 thereafter, the ECR trigger price shall be 1.07 multiplied by the ECR trigger
					 price from the previous calendar year, rounded to the nearest whole cent, as
					 shown in Table 2.
Table 2. CO ECR Trigger Price
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
$6.00
$6.42
$6.87
$7.35
$7.86
$8.41
$9.00
$9.63
$10.30
$11.02
(41) 'Cross State Air Pollution Rule (CSAPR)
					 NO Annual Trading Program'. A multi-state NO air pollution control and emission
					 reduction program established in accordance with Subpart AAAAA of 40 CFR Part
					 97 and  40 CFR 52.38(a)  (see Table 1, section
					 200.9 of this
					 Title) (including such a program that is revised in a SIP revision approved by
					 the Administrator under
					 40
					 CFR 52.38(a)(3) or (4) (see
					 Table 1, section
					 200.9 of this
					 Title) or that is established in a SIP revision approved by the Administrator
					 under
					 40
					 CFR 52.38(a)(5))  (see Table
					 1, section
					 200.9 of this
					 Title), as a means of mitigating interstate transport of fine particulates and
					 NO.
(42) 'Cross State Air Pollution
					 Rule (CSAPR) NO Ozone Season Trading Program'. A multi-state NOair pollution
					 control and emission reduction program established in accordance with Subpart
					 BBBBB of    40 CFR Part 97    and  40 CFR 52.38(b)  (see Table 1, section
					 200.9 of this
					 Title) (including such a program that is revised in a SIP revision approved by
					 the Administrator under
					 40
					 CFR 52.38(b)(3) or (4) (see
					 Table 1, section
					 200.9 of this
					 Title) or that is established in a SIP revision approved by the Administrator
					 under
					 40
					 CFR 52.38(b)(5))  (see Table
					 1, section
					 200.9 of this
					 Title), as a means of mitigating interstate transport of ozone and
					 NO.
(43) 'Cross State Air Pollution
					 Rule (CSAPR) SO Group 1 Trading Program'. A multi-state SO air pollution
					 control and emission reduction program established in accordance with Subpart
					 CCCCC of 40 CFR Part 97 and  40 CFR 52.39(a), (b), (d) through (f), (j), and (k) (see Table 1, section
					 200.9 of this
					 Title) (including such a program that is revised in a SIP revision approved by
					 the Administrator under
					 40
					 CFR 52.39(d) or (e) (see
					 Table 1, section
					 200.9 of this
					 Title) or that is established in a SIP revision approved by the Administrator
					 under
					 40
					 CFR 52.39(f))  (see Table 1,
					 section
					 200.9 of this
					 Title), as a means of mitigating interstate transport of fine particulates and
					 SO.
(44) 'Cross State Air Pollution
					 Rule (CSAPR) SO Group 2 Trading Program'. A multi-state SO air pollution
					 control and emission reduction program established in accordance with Subpart
					 DDDDD of 40 CFR Part 97 and  40 CFR 52.39(a), (c), and (g) through (k)  (see
					 Table 1, section
					 200.9 of this
					 Title) of this chapter (including such a program that is revised in a SIP
					 revision approved by the Administrator under
					 40
					 CFR 52.39(g) or (h) (see
					 Table 1, section
					 200.9 of this
					 Title) of this chapter or that is established in a SIP revision approved by the
					 Administrator under
					 40
					 CFR 52.39(i) (see Table 1,
					 section
					 200.9 of this
					 Title) of this chapter), as a means of mitigating interstate transport of fine
					 particulates and SO.
(45) 'Eligible
					 biomass'. Eligible biomass includes sustainably harvested woody and herbaceous
					 fuel sources that are available on a renewable or recurring basis (excluding
					 old-growth timber), including dedicated energy crops and trees, agricultural
					 food and feed crop residues, and forest and mill residue. Eligible biomass may
					 also include biogas derived from such fuel sources and animal wastes and other
					 clean organic wastes not mixed with other solid waste. Liquid biofuels do not
					 qualify as eligible biomass. Sustainably harvested as it applies to woody and
					 herbaceous fuel sources will be determined by the department.
(46) 'Energy efficiency and clean energy
					 technology account'. A general account established and administered by
					 NYSERDA.
(47) 'Excess emissions'.
					 Any tonnage of CO2 emitted by a
					 CO2 budget source during a control period that exceeds
					 the CO2 budget emissions limitation for the
					 source.
(48) 'Excess interim
					 emissions'. Any tonnage of CO2 emitted by a
					 CO2 budget source during an interim control period
					 multiplied by 0.50 that exceeds the CO2 budget emissions
					 limitation for the source.
(49)
					 'First control period interim adjustment for banked allowances'. An adjustment
					 applied to the New York CO2 Budget Trading Program base
					 budget for allocation years 2014 through 2020 to address the surplus allocation
					 year 2009, 2010 and 2011 allowances held in general and compliance accounts,
					 including compliance accounts established pursuant to the
					 CO2 Budget Trading Program, but not including accounts
					 opened by participating states.
(50) 'Fossil fuel'. Natural gas, petroleum,
					 coal, or any form of solid, liquid, or gaseous fuel derived from such
					 material.
(51) 'Fossil fuel-fired'.
					 One of the following:
(i) With regard to a
					 unit that commenced operation prior to January 1, 2005, the combustion of
					 fossil fuel, alone or in combination with any other fuel, where the fossil fuel
					 combusted comprises, or is projected to comprise, more than 50 percent of the
					 annual heat input on a Btu basis during any year; or
(ii) With regard to a unit that commenced or
					 commences operation on or after January 1, 2005, the combustion of fossil fuel,
					 alone or in combination with any other fuel, where the fossil fuel combusted
					 comprises, or is projected to comprise, more than five percent of the annual
					 heat input on a Btu basis during any year.
(52) 'General account'. A
					 CO2 allowance tracking system account, established under
					 Subpart 242-6 of this Part, that is not a compliance account.
(53) 'Global warming potential (GWP)'. A
					 measure of the radiative efficiency (heat-absorbing ability) of a particular
					 gas relative to that of carbon dioxide (CO2) after
					 taking into account the decay rate of each gas (the amount removed from the
					 atmosphere over a given number of years) relative to that of
					 CO2.
(54)
					 'Gross generation'. The electrical output (in MWe) at the terminals of the
					 generator.
(55) 'Interim control
					 period'. An interim control period is a one-calendar-year time period, during
					 each of the first and second calendar years of each three year control period.
					 The first interim control period starts on January 1, 2015 and ends on December
					 31, 2015, inclusive. The second interim control period starts on January 1,
					 2016 and ends on December 31, 2016, inclusive. Each successive three year
					 control period will have two interim control periods, comprised of each of the
					 first two calendar years of that control period.
(56) 'Life-of-the-unit contractual
					 arrangement'. A unit participation power sales agreement under which a customer
					 reserves, or is entitled to receive, a specified amount or percentage of
					 nameplate capacity and/or associated energy from any specified unit pursuant to
					 a contract:
(i) for the life of the
					 unit;
(ii) for a cumulative term of
					 no less than 30 years, including contracts that permit an election for early
					 termination; or
(iii) for a period
					 equal to or greater than 25 years or 70 percent of the economic useful life of
					 the unit determined as of the time the unit is built, with option rights to
					 purchase or release some portion of the nameplate capacity and associated
					 energy generated by the unit at the end of the period.
(57) 'Maximum potential hourly heat input'.
					 An hourly heat input used for reporting purposes when a unit lacks certified
					 monitors to report heat input. If the unit intends to use appendix D of  40 CFR
					 part 75  (see Table 1, section
					 200.9 of this
					 Title) to report heat input, this value should be calculated, in accordance
					 with 40 CFR part 75 (see Table 1, section
					 200.9 of this
					 Title), using the maximum fuel flow rate and the maximum gross calorific value.
					 If the unit intends to use a flow monitor and a diluent gas monitor, this value
					 should be reported, in accordance with 40 CFR part 75 (see Table 1, section
					 200.9 of this
					 Title), using the maximum potential flow rate and either the maximum carbon
					 dioxide concentration (in percent CO2) or the minimum
					 oxygen concentration (in percent O2).
(58) 'Minimum Reserve Price (MRP)'. The
					 minimum reserve price in calendar year 2014 shall be $2.00. Each calendar year
					 thereafter the minimum reserve price shall be 1.025 multiplied by the minimum
					 reserve price from the previous calendar year, rounded to the nearest whole
					 cent.
(59) 'Monitoring system'. Any
					 monitoring system that meets the requirements of Subpart 242-8 of this Part,
					 including a continuous emissions monitoring system, an excepted monitoring
					 system, or an alternative monitoring system.
(60) 'Nameplate capacity'. The maximum
					 electrical output (in MWe) that a generator can sustain over a specified period
					 of time when not restricted by seasonal or other deratings as measured in
					 accordance with the United States Department of Energy standards.
(61) 'Net electrical output'. All electrical
					 output supplied to the electric power grid or gross generation minus the
					 electrical output used on-site by the facility (in MWe). For co-generation
					 facilities, all electrical output supplied to the electric power grid, the host
					 site and other industrial and commercial customers, but excluding electrical
					 output used by the co-generation facility and fuel handling and processing
					 equipment.
(62)
					 'Non-CO2 budget unit'. A unit that does not meet the
					 applicability criteria of section
					 242-1.4  of this
					 Subpart.
(63) 'Operator'. Any
					 person who operates, controls, or supervises a CO2
					 budget unit or a CO2 budget source and shall include,
					 but not be limited to, any holding company, utility system, or plant manager of
					 such a unit or source.
(64)
					 'Owner'. Any of the following persons:
(i) any
					 holder of any portion of the legal or equitable title in a
					 CO2 budget unit; or
(ii) any holder of a leasehold interest in a
					 CO2 budget unit, other than 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 CO2 budget unit; or
(iii) any purchaser of power from a
					 CO2 budget unit under a life-of-the-unit contractual
					 arrangement in which the purchaser controls the dispatch of the unit;
					 or
(iv) with respect to any general
					 account, any person who has an ownership interest with respect to the
					 CO2 allowances held in the general account and who is
					 subject to the binding agreement for the CO2 authorized
					 account representative to represent that person's ownership interest with
					 respect to the CO2 allowances.
(65) 'Participating state'. A state that has
					 established a corresponding regulation as part of the
					 CO2 Budget Trading Program.
(66) 'Primary fuel'. Of the different fuels
					 used, the fuel to which the highest proportion of the heat input is
					 attributable.
(67) 'Receive or
					 receipt of'. When referring to the department or its agent, to come into
					 possession of a document, information, or correspondence (whether sent in
					 writing or by authorized electronic transmission), as indicated in an official
					 correspondence log, or by a notation made on the document, information, or
					 correspondence, by the department or its agent in the regular course of
					 business.
(68) 'Recordation,
					 record, or recorded'. With regard to CO2 allowances, the
					 movement of CO2 allowances by the department or its
					 agent from one CO2 allowance tracking system account to
					 another, for purposes of allocation, transfer, or deduction.
(69) 'Reserve Price'. The minimum acceptable
					 price for each CO2 allowance in a specific auction. The
					 reserve price at an auction is either the minimum reserve price or the CCR
					 trigger price as specified in section
					 242-5.3(b) 
					 of this Part and in 21 NYCRR Part 507.
(70) 'Second control period adjustment for
					 banked allowances'. An adjustment applied to the New York
					 CO2 Budget Trading Program base budget for allocation
					 years 2015 through 2020 to address the surplus allocation year 2012 and 2013
					 allowances held in general and compliance accounts, including compliance
					 accounts established pursuant to the CO2 Budget Trading
					 Program, but not including accounts opened by participating states, that are in
					 addition to the aggregate quantity of 2012 and 2013 emissions from all
					 CO2 budget sources in all the participating
					 states.
(71) 'Serial number'. When
					 referring to CO2 allowances, the unique identification
					 number assigned to each CO2 allowance by the department
					 or its agent under subdivision
					 242-6.4(b) 
					 of this Part.
(72) 'Source'. Any
					 governmental, institutional, commercial, or industrial structure, installation,
					 plant, building, or facility that emits or has the potential to emit any air
					 pollutant. A "source," including a "source" with multiple units, shall be
					 considered a single "facility."
(73) 'State'. A State, the District of
					 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
					 American Samoa and includes the Commonwealth of the Northern Mariana
					 Islands.
(74) 'Submit or serve'. To
					 send or transmit a document, information, or correspondence to the person
					 specified in accordance with the applicable regulation:
(i) in person;
(ii) by United States Postal Service;
					 or
(iii) by other means of dispatch
					 or transmission and delivery.
Compliance with any "submission," "service," or "mailing"
						deadline shall be determined by the date of dispatch, transmission, or mailing
						and not the date of receipt.
(75) 'Third adjustment for banked
					 allowances'. An adjustment applied to the New York State COBudget Trading
					 Program base budget for allocation years 2021 through 2025 to address
					 allowances held in general and compliance accounts, including compliance
					 accounts established pursuant to the CO Budget Trading Program, but not
					 including accounts opened by participating states, that are in addition to the
					 aggregate quantity of emissions from all CO budget sources in all of the
					 participating states at the end of the fourth control period in 2020 and as
					 reflected in the CO Allowance Tracking System on March 15, 2021.
(76) 'Ton or tonnage'. Any "short ton", or
					 2,000 pounds. For the purpose of determining compliance with the
					 CO2 requirements of subdivision
					 242-1.5(c) 
					 of this Subpart, total tons for a control period and each interim control
					 period shall be calculated as the sum of all recorded hourly emissions (or the
					 tonnage equivalent of the recorded hourly emissions rates) in accordance with
					 Subpart 242-8 of this Part, 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 to equal zero tons. A short ton is equal to 0.9072 metric
					 tons.
(77) 'Total net output'. The
					 total net megawatt hours, calculated utilizing the following formula:
Total net output = (EO + (TO/3.413)
Where:
"EO" is the total net electrical output from the
						CO2 budget unit in MWh;
"TO" is the total useful thermal energy from the
						CO2 budget unit in MMBtu;
" 3. 413" is the factor used to convert useful thermal
						energy from MMBtu to MWh, 3.413 MMBtu = 1 MWh.
(78) 'Undistributed
					 CO2 allowance'. CO2 allowances
					 originally allocated to a set-aside account pursuant to section
					 242-5.3 
					 that were not distributed.
(79)
					 'Unit'. A fossil fuel-fired stationary boiler, combustion turbine, or combined
					 cycle system.
(80) 'Unit operating
					 day'. A calendar day in which a unit combusts any fuel.
(81) 'Unsold Allowance'. A
					 CO2 allowance that has been made available for sale in
					 an auction, conducted by NYSERDA or its agent pursuant to 21 NYCRR Part 507,
					 but not sold.
(82) 'Voluntary
					 renewable energy purchase'. A purchase of electricity from renewable energy
					 generation or renewable energy attribute credits by a retail electricity
					 customer on a voluntary basis. Renewable energy includes electricity generated
					 from a source built on or after January 1, 2003 that meets the definition of
					 "renewable energy systems" pursuant to Public Service Law Section 66-p(1)(p).
					 The renewable energy generation or renewable energy attribute credits related
					 to such purchases may not be used by the generator or purchaser to meet any
					 regulatory mandate, such as a clean energy standard.