Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.5 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined in this
				  section, the terms used in this regulation shall be defined by reference to
				  Part 0 of this Subchapter (General Definitions). As used in this regulation,
				  the following terms shall, where the context permits, be construed as follows:
1. "Account number" means the identification
				  number given by the Department or its agent to each CO2
				  Allowance Tracking System account.
2. "Acid rain emissions limitation" means, a
				  limitation on emissions of sulfur dioxide or nitrogen oxides under
				  42 U.S.C. §§
												7651 -
				  7651o (CAA §§401-416),
				  as defined in 40 C.F.R.
				  §
												72.2.
3. "Acid rain program" means a multi-state
				  sulfur dioxide and nitrogen oxides air pollution control and emission reduction
				  program established by the Administrator under
				  42 U.S.C. §§
												7651 -
				  7651o (CAA §§401-416)
				  and 40 C.F.R. §§ 72through 78.
4. "Administrator" means the Administrator of
				  the United States Environmental Protection Agency or the Administrator's
				  authorized representative.
5.
				  "Agent" means an independent contractor, United States Environmental Protection
				  Agency (USEPA), consumer trustee, or other entity including a regional
				  entity.
6. "Allocate" or
				  "allocation" means the determination by the Department of the number of
				  CO2 allowances to be recorded in the Voluntary Renewable
				  Energy Market Set-aside Account or the Rhode Island Auction/Sale
				  Account.
7. "Allocation year" means
				  a calendar year for which the Department allocates CO2
				  allowances pursuant to §
											46.8 of this Part. The
				  allocation year of each CO2 allowance is reflected in
				  the unique identification number given to the allowance pursuant to
				  §46.12.4(A) of this Part.
8.
				  "Allowance auction" or "auction" means an auction in which the Department or
				  its agent offers CO2 allowances for sale.
9. "Attribute" means a characteristic
				  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.
10. "Attribute credit" means the attributes
				  related to one megawatt-hour of electricity generation.
11. "Automated data acquisition and handling
				  system" or "DAHS" means that component of the continuous emissions monitoring
				  system, or other emissions monitoring system approved for use under
				  §§
											46.13 and
				  46.14 of this Part, which
				  is 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 §§
											46.13 and
				  46.14 of this
				  Part.
12. "Billing meter" means a
				  measurement device used to measure electric or thermal output for commercial
				  billing under a contract where the facility selling the electric or thermal
				  output has different owners from the owners of the party purchasing the
				  electric or thermal output.
13.
				  "Biogas" means the gas resulting from the decomposition of organic matter under
				  anaerobic conditions. The principle constituents of which are methane and
				  carbon dioxide.
14. "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.
15. "British thermal unit" or "Btu" means the
				  amount of heat required to raise the temperature of one pound of water one
				  degree Fahrenheit.
16.
				  "CO2" means carbon dioxide.
17. "CO2 allowance"
				  means 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 regulation.
18.
				  "CO2 allowance deduction" or "deduct
				  CO2 allowances" means 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 §§
											46.13 and
				  46.14 of this Part, or for
				  the forfeit or retirement of CO2 allowances as provided
				  by this regulation.
19.
				  "CO2 allowances held" or "hold
				  CO2 allowances" means the CO2
				  allowances, recorded by the Department or its agent or submitted to
				  the Department or its agent for recordation in a CO2
				  Allowance Tracking System account in accordance with §§
											46.11 and
				  46.12 of this
				  Part.
20.
				  "CO2 allowance tracking system" or "COATS" means 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.
21.
				  "CO2 allowance tracking system account" means 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.
22. "CO2 allowance
				  transfer deadline" means midnight of the March 1 occurring after the end of the
				  relevant control period and each relevant interim control period or, if that
				  March 1 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 for the control period and each interim
				  control period immediately preceding such deadline under §
											46.7(A) of
				  this Part.
23.
				  "CO2 authorized account representative" means:
a. 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 to represent and
				  legally bind each owner and operator in matters pertaining to the CO2 Budget
				  Trading Program in accordance with §
												46.9 of this
				  Part.
b. For a general account, the
				  natural person who is authorized, under §
												46.12 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 NOx Annual Trading Program, CSAPR NOx
				  Ozone Season Trading Program, CSAPR SO2 Group 1 Trading
				  Program or CSAPR SO2 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.
24. "CO2 authorized
				  alternate account representative" means:
a.
				  For a CO2 budget source and each
				  CO2 budget unit at the source, the alternate natural
				  person who is authorized by the owners and operators of the source and all
				  CO2 budget units at the source to represent and legally
				  bind each owner and operator in matters pertaining to the
				  CO2 Budget Trading Program in accordance with §
												46.9 of this
				  Part.
b. For a general account, the
				  alternate natural person who is authorized, under §
												46.12 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 NOx Annual Trading Program, CSAPR NOx
				  Ozone Season Trading Program, CSAPR SO2 Group 1 Trading
				  Program or CSAPR SO2 Group 2 Trading Program then for a
				  CO2 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.
25. "CO2 budget
				  emissions limitation" means 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 CO2 budget source for a control period or an interim
				  control period.
26.
				  "CO2 budget permit" means the legally binding written
				  document or portion of a 42
				  U.S.C. §§
												7661 -
				  7661f (CAA §§501-507)
				  operating permit, issued by the Department under this regulation, to a
				  CO2 budget source or CO2 budget
				  unit that specifies the CO2 Budget Trading Program
				  requirements applicable to the CO2 budget source, to
				  each CO2 budget unit at the CO2
				  budget source, and to the owners and operators and the
				  CO2 authorized account representative of the
				  CO2 budget source and each CO2
				  budget unit.
27.
				  "CO2 budget source" means a source that includes one or
				  more CO2 budget units.
28. "CO2 budget
				  trading program" means a multi-state CO2 emissions
				  reduction program established, pursuant to this regulation and corresponding
				  regulations in other states, as a means of reducing emissions of
				  CO2 from CO2 budget
				  sources.
29.
				  "CO2 budget unit" means a unit that is subject to the
				  CO2 Budget Trading Program requirements under §
											46.6 of this
				  Part.
30.
				  "CO2 cost containment reserve allowance" or
				  "CO2 CCR allowance" means a CO2
				  allowance that is offered for sale at an auction by the Department 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 Rhode Island
				  CO2 Budget Trading Program base and adjusted budgets.
				  CO2 CCR allowances are subject to all applicable
				  limitations contained in this regulation.
31. "CO2 cost
				  containment reserve trigger price," or "CCR trigger price" means the minimum
				  price at which CO2 CCR allowances are offered for sale
				  by the Department 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 §
											46.5(A)(31)(a)
				   of this Part (Table 1).
a. Table 1
CO2 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
32. "CO2 emissions
				  containment reserve allowance" or "CO2 ECR allowance"
				  means a CO2 allowance that is withheld from sale at an
				  auction by the Department or its agent for the purpose of additional emission
				  reduction in the event of lower than anticipated emission reduction
				  costs.
33.
				  "CO2 emissions containment reserve trigger price" or
				  "ECR trigger price" means the price below which CO2
				  allowances will be withheld from sale by the Department or its agent at an
				  auction. 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 §
											46.5(A)(33)(a)
				  of this Part (Table 2).
a. Table 2
CO2 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
34. "CO2 offset
				  allowance" means a CO2 allowance that is awarded to the
				  sponsor of a CO2 emissions offset project, and is
				  subject to the relevant compliance deduction limitations of
				  §46.12.5(A)(1)(c) of this Part.
35. "Combined cycle system" means 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.
36.
				  "Combustion turbine" means 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.
37. "Commence commercial operation" means,
				  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 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 on the date the unit commences
				  commercial operation, the date the unit becomes a CO2
				  budget unit shall be the unit's date of commencement of commercial
				  operation.
38. "Commence operation"
				  means to have begun any mechanical, chemical, or electronic process, including,
				  start-up of a unit's combustion chamber. For a unit that is a
				  CO2 budget unit 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 on the date of
				  commencement of operation, the date the unit becomes a
				  CO2 budget unit shall be the unit's date of commencement
				  of operation.
39. "Compliance
				  account" means a CO2 Allowance Tracking System account,
				  established by the Department or its agent, for a CO2
				  budget source under §
											46.12 of this Part, in
				  which the CO2 allowances for the source are held and
				  available for use by the source for a control period and each interim control
				  period for the purpose of meeting the CO2 requirements
				  of §
											46.7(A) of
				  this Part.
40. "Continuous
				  emissions monitoring system" or "CEMS" means the equipment required under
				  §
											46.12
				  of this Part to sample, analyze, measure, and provide, by means of readings
				  recorded at least once every fifteen (15) minutes (using an automated DAHS) and
				  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 §§
											46.13 and
				  46.14 of this Part and
				  with 40 C.F.R. §
												75 incorporated in §
											46.4(A) of
				  this Part.
41. "Control period"
				  means a three-calendar-year period. The first control period is from January 1,
				  2009 to December 31, 2011, inclusive. Each subsequent, sequential
				  three-calendar-year period is a separate control period. The first two (2)
				  calendar years of each control period are each defined as an interim control
				  period, beginning on January 1, 2015.
42. "Cross state air pollution rule NOx
				  annual trading program" or "CSAPR NOx annual trading program" means a
				  multi-state NOx air pollution control and emission reduction program
				  established in accordance with
				  40 C.F.R. §
												97, subpart AAAAA and
				  40 C.F.R. §
												52.38(a), including such a
				  program that is revised in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.38(a)(3) or (4) or that
				  is established in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.38(a)(5), as a means of
				  mitigating interstate transport of fine particulates and NOx.
43. "Cross state air pollution rule NOx ozone
				  season trading program" or "CSAPR NOx ozone season trading program" means a
				  multi-state NOx air pollution control and emission reduction program
				  established in accordance with
				  40 C.F.R. §
												97, subpart BBBBB and
				  40 C.F.R. §
												52.38(b), including such a
				  program that is revised in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.38(b)(3) or (4) or that
				  is established in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.38(b)(5), as a means of
				  mitigating interstate transport of ozone and NOx.
44. "Cross state air pollution rule
				  SO2 Group 1 Trading Program" or "CSAPR
				  SO2 group 1 trading program" means a multi-state
				  SO2 air pollution control and emission reduction program
				  established in accordance with
				  40 C.F.R. §
												97, subpart CCCCC and
				  40 C.F.R. §
												52.39(a), (b), (d) through (f), (j), and
				  (k), including such a program that is revised
				  in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.39(d) or (e) or that is
				  established in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.39(f),as a means of
				  mitigating interstate transport of fine particulates and
				  SO2.
45.
				  "Cross state air pollution rule SO2 group 2 trading
				  program" or "CSAPR SO2 group 2 trading program" means a
				  multi-state SO2 air pollution control and emission
				  reduction program established in accordance with
				  40 C.F.R. §
												97, subpart DDDDD and
				  40 C.F.R. §
												52.39(a), (c), and (g) through
				  (k), including such a program that is revised
				  in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.39(g) or (h) or that is
				  established in a SIP revision approved by the Administrator under
				  40 C.F.R. §
												52.39(i), as a means of
				  mitigating interstate transport of fine particulates and
				  SO2.
46.
				  "Eligible biomass" means 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, aquatic plants, unadulterated wood and wood
				  residues, animal wastes, other clean organic wastes not mixed with other solid
				  wastes, and biogas derived from such fuel sources. Liquid biofuels do not
				  qualify as eligible biomass. Sustainably harvested will be determined by the
				  Department.
47. "Excess emissions"
				  means 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" means 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 adjustment for banked allowances" means an adjustment
				  applied to the Rhode Island 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-fired" means:
a. 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 (50%) of
				  the annual heat input on a Btu basis during any year.
b. 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 5 percent (5%) of the annual
				  heat input on a Btu basis during any year.
51. "General account" means a
				  CO2 Allowance Tracking System account, established under
				  §
											46.12
				  of this Part, that is not a compliance account.
52. "Gross generation" means the electrical
				  output in MWe at the terminals of the generator.
53. "Interim control period" means 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 (2)
				  interim control periods, comprised of each of the first two (2) calendar years
				  of that control period.
54.
				  "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 from any specified unit and pays
				  its proportional amount of such unit's total costs, pursuant to a contract:
a. For the life of the unit; or
b. For a cumulative term of no less than
				  thirty (30) years, including contracts that permit an election for early
				  termination; or
c. For a period
				  equal to or greater than twenty-five (25) years or seventy percent (70%) of the
				  economic useful life of the unit determined as of the time the unit is built,
				  with option rights to purchase or release some portion of the nameplate
				  capacity and associated energy generated by the unit at the end of the
				  period.
55. "Maximum
				  potential hourly heat input" means an hourly heat input used for reporting
				  purposes when a unit lacks certified monitors to report heat input. If the unit
				  intends to use of 40 C.F.R.
				  §
												75, Appendix D, to report heat input,
				  this value should be calculated, in accordance with
				  40 C.F.R. §
												75 incorporated in §
											46.4(A) of
				  this Part, 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 C.F.R. §
												75 incorporated in §
											46.4(A) of
				  this Part, using the maximum potential flowrate and either the maximum carbon
				  dioxide concentration (in percent CO2) or the minimum
				  oxygen concentration (in percent O2).
56. "Minimum reserve price" means 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.
57. "Monitoring system" means
				  any monitoring system that meets the requirements of §
											46.13 of this Part,
				  including a continuous emissions monitoring system, an excepted monitoring
				  system, or an alternative monitoring system.
58. "Megawatt" or "MW" means a unit of power
				  equal to 1000 kilowatts or 1,000,000 watts.
59. "MMBtu" means one million British thermal
				  units.
60. "MWe" means megawatt
				  electrical.
61. "Megawatt-hour" or
				  "MWh" means the amount of power (in megawatts) used or produced in an
				  hour.
62. "Nameplate capacity"
				  means the maximum electrical output (in MWe) that an electric generating unit
				  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.
63. "Net-electric
				  output" means the amount of gross generation the generator(s) produce
				  (including, but not limited to, output from steam turbine(s), combustion
				  turbine(s), and gas expander(s)), as measured at the generator terminals, less
				  the electricity used to operate the plant (i.e., auxiliary loads); such uses
				  include fuel handling equipment, pumps, fans, pollution control equipment,
				  other electricity needs, and transformer losses as measured at the transmission
				  side of the step up transformer (e.g., the point of sale).
64. "Offset project" means all the equipment,
				  materials, items, or actions directly related to the reduction of
				  CO2 equivalent emissions or the sequestration of
				  carbon.
65. "Operator" means 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.
66. "Owner" means any of the following
				  persons:
a. Any holder of any portion of the
				  legal or equitable title in a CO2 budget unit; or
b. 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
c. 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
d. 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.
67. "Participating state" means a state that
				  has established a corresponding regulation as part of the
				  CO2 Budget Trading Program.
68. "Permanently retired" means a
				  CO2 allowance or CO2 offset
				  allowance that has been placed in a retirement account controlled by the
				  jurisdiction that generated the CO2 allowance or
				  CO2 offset allowance, or has been placed in an allowance
				  retirement account controlled by the Department, or is otherwise determined by
				  the Department to have been rendered unusable.
69. "Receive" or "receipt of" means, 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.
70. "Recordation," "record" or "recorded"
				  means, with regard to CO2 allowances, the movement of
				  CO2 allowances or CO2 offset
				  allowances by the Department or its agent from one CO2
				  Allowance Tracking System account to another for purposes of allocation,
				  transfer or deduction.
71.
				  "Renewable energy" means electricity generated from biomass, wind, solar
				  thermal, photovoltaic, geothermal, hydroelectric facilities certified by the
				  Low Impact Hydroelectric Institute, wave and tidal action and fuel cells
				  powered by renewable fuels.
72.
				  "Renewable portfolio standard" means a statutory or regulatory requirement that
				  a load-serving entity provide a certain portion of the electricity it supplies
				  to its customers from renewable energy sources, or any other statutory or
				  regulatory requirement that a certain portion of electricity supplied to the
				  electricity grid be generated from renewable energy sources.
73. "Reserve price" means 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 §
											46.5 of this
				  Part.
74. "Rhode Island
				  auction/sale account" means an account administered by the Department or its
				  agent for purposes of auctioning or selling CO2
				  allowances.
75. "Rhode Island
				  CO2 budget trading program adjusted budget" means
				  §46.8.3 of this Part the annual amount of CO2 tons
				  available in Rhode Island for allocation in a given allocation year, in
				  accordance with the CO2 Budget Trading Program.
				  CO2 CCR allowances offered for sale at an auction are
				  separate from and additional to CO2 allowances allocated
				  from the Rhode Island CO2 Budget Trading Program
				  adjusted budget.
76. "Rhode Island
				  CO2 budget trading program base budget" means the Rhode
				  Island CO2 Budget Trading Program base budget specified
				  in §46.8.1 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 Rhode Island
				  CO2 Budget Trading Program Base Budget.
77. "Second control period adjustment for
				  banked allowances" means an adjustment applied to the Rhode Island
				  CO2 Budget Trading Program base budget for allocation
				  years 2015 through 2020 to address the 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 of the participating
				  states.
78. "Serial number" means,
				  when referring to CO2 allowances, the unique
				  identification number assigned to each CO2 allowance by
				  the Department or its agent, under §46.12.4(C) of this Part.
79. "Short ton" means a measure of weight
				  equal to two thousand (2,000) pounds or 0.9072 metric tons.
80. "Source" means any governmental,
				  institutional, commercial, or industrial structure, installation, plant,
				  building, or facility that emits or has the potential to emit any air pollutant
				  under 42 U.S.C. §
												7401, (CAA §502(c)), a "source,"
				  including a "source" with multiple units, shall be considered a single
				  "facility."
81. "State" means 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.
82. "Submit" or
				  "serve" means to send or transmit a document, information, or correspondence to
				  the person specified in accordance with the applicable regulation:
a. In person;
b. By United States Postal Service;
c. By other means of dispatch or transmission
				  and delivery
d. 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.
83. "Third adjustment for banked
				  allowances" means an adjustment applied to the Rhode Island
				  CO2 Budget 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
				  CO2 Budget Trading Program, but not including accounts
				  opened by participating states, that are in addition to the aggregate quantity
				  of emissions from all CO2 budget sources in all of the
				  participating states at the end of the fourth control period in 2020 and as
				  reflected in the CO2 Allowance Tracking System on March
				  15, 2021.
84. "Ton" or "tonnage"
				  means any short ton. For the purpose of determining compliance with the
				  CO2 requirements of §
											46.7(A) of
				  this Part, 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
				  §§
											46.13 and
				  46.14 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
				  (0) tons.
85. "Undistributed
				  CO2 allowances" means CO2
				  allowances originally allocated to a set aside account as pursuant to
				  §46.8.3(K) of this Part, that were not distributed.
86. "Unit" means a fossil fuel-fired
				  stationary boiler, combustion turbine, or combined cycle system.
87. "Unit operating day" means a calendar day
				  in which a unit combusts any fuel.
88. "Unsold CO2
				  allowances" means CO2 allowances that have been made
				  available for sale in an auction conducted by the Department or its agent, but
				  not sold.
89. "Voluntary renewable
				  energy purchase" means 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 biomass, wind, solar thermal, photovoltaic, geothermal, hydroelectric
				  facilities certified by the Low Impact Hydropower Institute, wave and tidal
				  action, and fuel cells powered by renewable fuels. 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 renewable portfolio standard.
90. "Voluntary renewable energy market
				  set-aside account" means an account established by the Department to hold
				  CO2 allowances that are allocated pursuant to
				  §46.8.3(K) of this Part.