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 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
				  of this Part, the general definitions of Parts 200 and 201 of Title 6 apply
				  unless defined otherwise in this Part.
(b) For the purpose of this Part, the
				  following definitions also apply:
(1)
				  Automated data acquisition and handling system or DAHS. Automated data
				  acquisition and handling system means that component of the continuous emission
				  monitoring system (CEMS), or other emissions monitoring system approved for use
				  under   40 CFR 60.4170 through 60.4176, 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 under 40 CFR 60.4170 through 60.4176.
(2) Boiler. Boiler means an enclosed fossil-
				  or other fuel-fired combustion device used to produce heat and to transfer heat
				  to recirculating water, steam, or other medium.
(3) Bottoming-cycle cogeneration unit.
				  Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy
				  input to the unit is first used to produce useful thermal energy and at least
				  some of the reject heat from the useful thermal energy application or process
				  is then used for electricity production.
(4) Coal. Coal means any solid fuel
				  classified as anthracite, bituminous, subbituminous, or lignite as defined in
				   40 CFR 60.4102.
(5) Coal-derived
				  fuel. Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous
				  state) produced by the mechanical, thermal, or chemical processing of
				  coal.
(6) Cogeneration unit.
				  Cogeneration unit means a stationary, coal-fired boiler or stationary,
				  coal-fired combustion turbine:
(i) having
				  equipment used to produce electricity and useful thermal energy for industrial,
				  commercial, heating, or cooling purposes through the sequential use of energy;
				  and
(ii) producing during the
				  12-month period starting on the date the unit first produces electricity and
				  during any calendar year after the calendar year in which the unit first
				  produces electricity:
(a) For a topping-cycle
				  cogeneration unit:
(1) useful thermal energy
				  not less than five percent of total energy output; and
(2) useful power that, when added to one-half
				  of useful thermal energy produced, is not less then 42.5 percent of total
				  energy input, if useful thermal energy produced is 15 percent or more of total
				  energy output, or not less than 45 percent of total energy input, if useful
				  thermal energy produced is less than 15 percent of total energy
				  output.
(b) For a
				  bottoming-cycle cogeneration unit, useful power not less than 45 percent of
				  total energy input.
(7) Combustion turbine. Combustion turbine
				  means:
(i) an enclosed device comprising a
				  compressor, a combustor and a turbine in which the flue gas resulting from the
				  combustion of fuel in the combustor passes through the turbine, rotating the
				  turbine; and
(ii) if the enclosed
				  device under subparagraph (i) of this paragraph is combined cycle, any
				  associated heat recovery steam generator and steam turbine.
(8) Commence commercial operation.
				  Commence commercial operation with regard to a unit serving a generator means:
(i) To have begun to produce steam, gas, or
				  other heated medium used to generate electricity for sale or use, including
				  test generation.
(a) For a unit that is
				  subject to this Part on the date the unit commences commercial operation as
				  defined in subparagraph (i) of this paragraph and that subsequently undergoes a
				  physical change (other than replacement of the unit by a unit at the same
				  facility), such date shall remain the unit's date of commencement of commercial
				  operation.
(b) For a unit that is
				  an applicable unit under this Part on the date the unit commences commercial
				  operation as defined in subparagraph (i) of this paragraph and that is
				  subsequently replaced by a unit at the same facility (e.g., re-powered), the
				  replacement unit shall be treated as a separate unit with a separate date for
				  commencement of commercial operation as defined in subparagraph (i) or (ii) of
				  this paragraph as appropriate.
(ii) For units that were not subject to this
				  Part as of the date the unit began to produce steam, gas, or other heated
				  medium used to generate electricity for sale or use, including test generation,
				  a unit's date for commencement of commercial operation shall be the date on
				  which the unit becomes subject to this Part.
(a) For a unit with a date for commencement
				  of commercial operation as defined in subparagraph (ii) of this paragraph and
				  that subsequently undergoes a physical change (other than replacement of the
				  unit by a unit at the same facility), such date shall remain the unit's date of
				  commencement of commercial operation.
(b) For a unit with a date for commencement
				  of commercial operation as defined in subparagraph (ii) of this paragraph and
				  that is subsequently replaced by a unit at the same facility (e.g.,
				  re-powered), the replacement unit shall be treated as a separate unit with a
				  separate date for commencement of commercial operation as defined in
				  subparagraph (i) or (ii) of this paragraph as appropriate.
(9) Commence operation. Commence
				  operation means:
(i) To have begun any
				  mechanical, chemical, or electronic process, including, with regard to a unit,
				  start-up of a unit's combustion chamber.
(ii) For a unit that undergoes a physical
				  change (other than replacement of the unit by a unit at the same facility)
				  after the date the unit commences operation as defined in subparagraph (i) of
				  this paragraph, such date shall remain the unit's date of commencement of
				  operation.
(iii) For a unit that is
				  replaced by a unit at the same facility (e.g., re-powered) after the date the
				  unit commences operation as defined in subparagraph (ii) of this paragraph, the
				  replacement unit shall be treated as a separate unit with a separate date for
				  commencement of operation as defined in subparagraph (i) of this
				  paragraph.
(10) Common
				  stack. Common stack means a single flue through which emissions from two or
				  more units are exhausted.
(11)
				  Continuous emission monitoring system or CEMS. Continuous emission monitoring
				  system means the equipment required under sections
				  246.7
				  through
				  246.13 
				  of this Part to sample, analyze, measure, and provide, by means of readings
				  recorded at least once every 15 minutes using an automated data acquisition and
				  handling system, a permanent record of mercury emissions, stack gas volumetric
				  flow rate, stack gas moisture content, and oxygen or carbon dioxide
				  concentration in a manner consistent with   40 CFR part 75  . The following systems
				  are the principal types of continuous emission monitoring systems required
				  under sections
				  246.7
				  through
				  246.13 
				  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 mercury concentration monitoring
				  system, consisting of a mercury pollutant concentration monitor and an
				  automated data acquisition and handling system and providing a permanent,
				  continuous record of mercury emissions in micrograms per dry standard cubic
				  meter (ug/dscm);
(iii) a moisture
				  monitoring system, as defined in
				  40 CFR
				  75.11(b)(2) and providing a
				  permanent, continuous record of the stack gas moisture content, in percent H
				  2O;
(iv) a
				  carbon dioxide monitoring system, consisting of a carbon dioxide concentration
				  monitor (or an oxygen monitor plus suitable mathematical equations from which
				  the carbon dioxide concentration is derived) and an automated data acquisition
				  and handling system and providing a permanent, continuous record of carbon
				  dioxide emissions, in percent carbon dioxide; and
(v) an oxygen monitoring system, consisting
				  of an oxygen concentration monitor and an automated data acquisition and
				  handling system and providing a permanent, continuous record of oxygen, in
				  percent oxygen.
(12)
				  Existing. Existing means a unit commencing operation before January 1,
				  2004.
(13) Generator. Generator
				  means a device that converts mechanical energy into electric energy.
(14) Gross electrical output. Gross
				  electrical output means, with regard to a cogeneration unit, electricity made
				  available for use, including any such electricity used in the power production
				  process, which includes, but is not limited to, any on-site processing or
				  treatment of fuel combusted at the unit and any on-site emission
				  controls.
(15) Heat input rate.
				  Heat input rate means the amount of heat input (in mmBtu) divided by unit
				  operating time (in hr) or, with regard to a specific fuel, the amount of heat
				  input attributed to the fuel (in mmBtu) divided by the unit operating time (in
				  hr) during which the unit combusts the fuel.
(16) Maximum design heat input. Maximum
				  design heat input means, starting from the initial installation of a unit, the
				  maximum amount of fuel per hour (in Btu/hr) that a unit is capable of
				  combusting on a steady-state basis as:
(i)
				  specified by the manufacturer of the unit; or
(ii) starting from the completion of any
				  subsequent physical change in the unit resulting in a decrease in the maximum
				  amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a
				  steady-state basis, such decreased maximum amount as specified by the person
				  conducting the physical change and demonstrated in an acceptable form to the
				  department.
(17) Mercury
				  Reduction Program (MRP) Control period. Mercury Reduction Program Control
				  period means the period of time beginning January 1st of a calendar year and
				  ending on December 31st of the same year.
(18) Mercury Reduction Program (MRP)
				  Facility. Mercury Reduction Program Facility means a facility that includes one
				  or more Mercury Reduction Program units.
(19) Mercury Reduction Program (MRP) Unit.
				  Mercury Reduction Program unit means a coal-fired electric utility steam
				  generating boiler or a coal-fired electric utility steam generating combustion
				  turbine that is subject to this Part pursuant to subdivision
				  246.2(a) 
				  of this Part.
(20) Monitoring
				  system. Monitoring system means any monitoring system that meets the
				  requirements of sections
				  246.7
				  through
				  246.13 
				  of this Part, including a continuous emissions monitoring system, or an
				  alternative sorbent trap monitoring system under 40 CFR part 75.
(21) Nameplate capacity. Nameplate capacity
				  means:
(i) starting from the initial
				  installation of a generator, the maximum electrical generating output in
				  megawatts (MWe) that the generator is capable of producing on a steady-state
				  basis and during continuous operation (when not restricted by seasonal or other
				  derates) as specified by the manufacturer of the generator; or
(ii) starting from the completion of any
				  subsequent physical change in the generator resulting in a increase in the
				  maximum electrical generating output in MWe that the generator is capable of
				  producing on a steady-state basis and during continuous operation (when not
				  restricted by seasonal or other derates), such increased or decreased maximum
				  amount as demonstrated in an acceptable form to the department.
(22) New. New means a unit
				  commencing operation on or after January 1, 2004.
(23) Potential electrical output capacity.
				  Potential electrical output capacity means 33 percent of a unit's maximum
				  design heat input, divided by 3,413 British thermal units per kilowatt hour
				  (Btu/kWh), divided by 1,000 kilowatt-hours divided by megawatt-hours (kWh/
				  MWh), and multiplied by 8,760 hr/yr.
(24) Reference method. Reference method means
				  any direct test method of sampling and analyzing for an air pollutant as
				  specified in
				  40 CFR
				  75.22.
(25) Re-powered. With regard to a unit under
				  this Part, re-powered means replacement of a coal-fired electric utility boiler
				  with one of the following coal-fired technologies at the same emission source
				  as the coal-fired boiler:
(i) atmospheric or
				  pressurized fluidized bed combustion;
(ii) integrated gasification combined
				  cycle;
(iii)
				  magnetohydrodynamics;
(iv) direct
				  and indirect coal-fired turbines;
(v) integrated gasification fuel cells;
				  or
(vi) as determined by the
				  administrator in consultation with the United States Secretary of Energy, a
				  derivative of one or more of the technologies under subparagraphs (i) through
				  (iv) of this paragraph and any other coal-fired 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
				  January 1, 2005.
(26)
				  Sequential use of energy. Sequential use of energy means:
(i) for a topping-cycle cogeneration unit,
				  the use of reject heat from electricity production in a useful thermal energy
				  application or process; or
(ii) for
				  a bottoming-cycle cogeneration unit, the use of reject heat from a useful
				  thermal energy application or process in electricity production.
(27) Sorbent trap monitoring
				  system. Sorbent trap monitoring system means the equipment required by  40 CFR
				  part 75  for the continuous monitoring of mercury emissions, using paired
				  sorbent traps containing iodinized charcoal (IC) or other suitable reagent(s).
				  This excepted monitoring system consists of a probe, paired sorbent traps, a
				  heated umbilical line, moisture removal components, an airtight sample pump, a
				  dry gas meter, and an automated data acquisition and handling system. The
				  monitoring system samples the stack gas at a rate proportional to the stack gas
				  volumetric flow rate. The sampling is a batch process. Using the sample volume
				  measured by the dry gas meter and the results of the analyses of the sorbent
				  traps, the average mercury concentration in the stack gas for the sampling
				  period is determined, in units of micrograms per dry standard cubic meter
				  (ug/dscm). Mercury mass emissions for each hour in the sampling period are
				  calculated using the average mercury concentration for that period, in
				  conjunction with contemporaneous hourly measurements of the stack gas flow
				  rate, corrected for the stack gas moisture content.
(28) Speciated mercury compounds or Hg.
				  Speciated mercury compounds means the three forms of mercury identified through
				  a reference method, which are elemental mercury, reactive gas mercury or
				  oxidized mercury and particle bound mercury.
(29) Submit or serve. Submit or serve means
				  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" or "service"
				  deadline shall be determined by the date of dispatch, transmission, or mailing
				  and not the date of receipt.
(30) Topping-cycle cogeneration unit.
				  Topping-cycle cogeneration unit means a cogeneration unit in which the energy
				  input to the unit is first used to produce useful power, including electricity,
				  and at least some of the reject heat from the electricity production is then
				  used to provide useful thermal energy.
(31) Total energy input. Total energy input
				  means, with regard to a cogeneration unit, total energy of all forms supplied
				  to the cogeneration unit, excluding energy produced by the cogeneration unit
				  itself.
(32) Total energy output.
				  Total energy output means, with regard to a cogeneration unit, the sum of
				  useful power and useful thermal energy produced by the cogeneration
				  unit.
(33) Unit operating day. Unit
				  operating day means a calendar day in which a unit combusts any fuel.
(34) Unit. Unit means a stationary coal-fired
				  boiler or a stationary coal-fired combustion turbine.
(35) Unit operating hour or hour of unit
				  operation. Unit operating hour or hour of unit operation means an hour in which
				  a unit combusts any fuel.
(36)
				  Useful power. Useful power means, with regard to a cogeneration unit,
				  electricity or mechanical energy made available for use, excluding any such
				  energy used in the power production process, which includes, but is not limited
				  to, any on-site processing or treatment of fuel combusted at the unit and any
				  on-site emission controls.
(37)
				  Useful thermal energy. Useful thermal energy means, with regard to a
				  cogeneration unit, thermal energy that is:
(i)
				  made available to an industrial or commercial process (not a power production
				  process), excluding any heat contained in condensate return or makeup
				  water;
(ii) used in a heating
				  application (i.e., space heating or domestic hot water heating); or
(iii) used in a space cooling application
				  (e.g., thermal energy used by an absorption chiller).
(38) Utility power distribution system.
				  Utility power distribution system means the portion of an electricity grid
				  owned or operated by a utility and dedicated to delivering electricity to
				  customers.
(39) Trillion British
				  Thermal Units (TBtu). One British Thermal Unit followed by twelve
				  zeros.