Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 140 - REGULATION FOR EMISSIONS TRADING PROGRAMS › Part I - NO[x] Budget Program for Nonelectric Generating Units › Article 1 - NO[x] Budget Program General Provisions › Section 9VAC5-140-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. As used in this part, all words or terms not defined
						here shall have the meanings given them in (9VAC5-10), unless otherwise
						required by context.
B. For the purpose of this part and any related use, the
						following words or terms shall have the following meanings unless the context
						clearly indicates otherwise:
"Account certificate of representation" means the
						completed and signed submission required by Article 2 (9VAC5-140-100 et seq.) of this part
						for certifying the designation of a NOx authorized
						account representative for a NOx Budget source or a
						group of identified NOx Budget sources who is authorized
						to represent the owners and operators of such source or sources and of the
						NOx Budget units at such source or sources with regard
						to matters under the NOx Budget Program.
"Administrator" means the Administrator of the U.S.
						Environmental Protection Agency or the administrator's duly authorized
						representative.
"Automated data acquisition and handling system" or
						"DAHS" means that component of the CEMS, or other emissions monitoring system
						approved for use under Article 8 (9VAC5-140-700 et seq.)
						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 Article 8
						(9VAC5-140-700 et seq.) of this
						part.
"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.
"CAA" means the Clean Air Act,
						42 USC §
												7401 et seq., as amended by P.L. No. 101-549
						(November 15, 1990).
"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.
"Combustion turbine" means an enclosed fossil or other
						fuel-fired device that is comprised of a compressor, 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.
"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. Except as provided in
						9VAC5-140-50, for a unit that is a
						NOx Budget unit under
						9VAC5-140-40 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. Except as provided in
						9VAC5-140-50, for a unit that is
						not a NOx Budget unit under
						9VAC5-140-40 on the date the unit
						commences commercial operation, the date the unit becomes a
						NOx Budget unit under
						9VAC5-140-40 shall be the unit's
						date of commencement of commercial operation.
"Commence operation" means to have begun any mechanical,
						chemical, or electronic process, including, with regard to a unit, start-up of
						a unit's combustion chamber. Except as provided in
						9VAC5-140-50, for a unit that is a
						NOx Budget unit under
						9VAC5-140-40 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. Except as provided in
						9VAC5-140-50, for a unit that is
						not a NOx Budget unit under
						9VAC5-140-40 on the date of
						commencement of operation, the date the unit becomes a
						NOx Budget unit under
						9VAC5-140-40 shall be the unit's
						date of commencement of operation.
"Common stack" means a single flue through which
						emissions from two or more units are exhausted.
"Continuous emission monitoring system" or "CEMS" means
						the equipment required under Article 8 (9VAC5-140-700 et seq.) of this part
						to sample, analyze, measure, and provide, by readings taken at least once every
						15 minutes of the measured parameters, a permanent record of nitrogen oxides
						emissions, expressed in tons per hour for nitrogen oxides. The following
						systems are component parts included, consistent with 40 CFR Part 75, in a
						continuous emission monitoring system:
1. Flow monitor;
2. Nitrogen oxides pollutant concentration
						monitors;
3. Diluent gas monitor (oxygen or carbon dioxide) when
						such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this
						part;
4. A continuous moisture monitor when such monitoring is
						required by Article 8 (9VAC5-140-700 et seq.)
						of this part; and
5. An automated data acquisition and handling system.
"Control period" means the period beginning May 1 of a
						year and ending on September 30 of the same year, inclusive, except for the
						calendar year 2004, the period shall begin May 31.
"Electricity for sale under firm contract to the grid"
						means electricity for sale where the capacity involved is intended to be
						available at all times during the period covered by a guaranteed commitment to
						deliver, even under adverse conditions.
"Emissions" means air pollutants exhausted from a unit or
						source into the atmosphere, as measured, recorded, and reported to the
						administrator by the NOx authorized account
						representative and as determined by the administrator in accordance with
						Article 8 (9VAC5-140-700 et seq.) of this
						part.
"Fossil fuel" means natural gas, petroleum, coal, or any
						form of solid, liquid, or gaseous fuel derived from such material.
"Fossil fuel-fired" means, with regard to a unit:
1. For units that commenced operation before January 1,
						1996, the combustion of fossil fuel, alone or in combination with any other
						fuel, where fossil fuel actually combusted comprises more than 50% of the
						annual heat input on a Btu basis during 1995 or, if a unit had no heat input in
						1995, during the last year of operation of the unit prior to 1995;
2. For units that commenced operation on or after January
						1, 1996, and before January 1, 1997, the combustion of fossil fuel, alone or in
						combination with any other fuel, where fossil fuel actually combusted comprises
						more than 50% of the annual heat input on a Btu basis during 1996; or
3. For units that commence operation on or after January
						1, 1997, (i) the combustion of fossil fuel, alone or in combination with any
						other fuel, where fossil fuel actually combusted comprises more than 50% of the
						annual heat input on a Btu basis during any year or (ii) the combustion of
						fossil fuel, alone or in combination with any other fuel, where fossil fuel is
						projected to comprise more than 50% of the annual heat input on a Btu basis
						during any year, provided that the unit shall be "fossil fuel-fired" as of the
						date, during such year, on which the unit begins combusting fossil fuel.
"Generator" means a device that produces
						electricity.
"Heat input" means the product (in mmBtu/time) of the
						gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a
						combustion device (in mass of fuel/time), as measured, recorded, and reported
						to the administrator by the NOx authorized account
						representative and as determined by the administrator in accordance with
						Article 8 (9VAC5-140-700 et seq.) of this
						part, and does not include the heat derived from preheated combustion air,
						recirculated flue gases, or exhaust from other sources.
"Implementation plan" means the portion or portions of
						the state implementation plan, or the most recent revision thereof, that has
						been approved in Subpart VV of 40 CFR Part 52 by the administrator under §
						110 of the CAA, or promulgated under § 110(c) of the CAA, or promulgated
						or approved pursuant to regulations promulgated under § 301(d) of the CAA
						and that implements the relevant requirements of the CAA.
"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:
1. For the life of the unit;
2. For a cumulative term of no less than 30 years,
						including contracts that permit an election for early termination; or
3. For a period equal to or greater than 25 years or 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.
"Maximum design heat input" means the ability of a unit
						to combust a stated maximum amount of fuel per hour on a steady state basis, as
						determined by the physical design and physical characteristics of the
						unit.
"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 Appendix D of 40 CFR Part 75 to
						report heat input, this value should be calculated, in accordance with 40 CFR
						Part 75, 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, using the
						maximum potential flow rate and either the maximum carbon dioxide concentration
						(in percent CO2) or the minimum oxygen concentration (in
						percent O2).
"Maximum potential NOx emission
						rate" means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in
						accordance with section 3 of Appendix F of 40 CFR Part 75, using the maximum
						potential nitrogen oxides concentration as defined in section 2 of Appendix A
						of 40 CFR Part 75, and either the maximum oxygen concentration (in percent
						O2) or the minimum carbon dioxide concentration (in
						percent CO2), under all operating conditions of the unit
						except for unit start up, shutdown, and upsets.
"Maximum rated hourly heat input" means a unit-specific
						maximum hourly heat input (mmBtu) that is the higher of the manufacturer's
						maximum rated hourly heat input or the highest observed hourly heat
						input.
"Monitoring system" means any monitoring system that
						meets the requirements of Article 8 (9VAC5-140-700 et seq.) of this
						part, including a continuous emissions monitoring system, an excepted
						monitoring system, or an alternative monitoring system.
"Nameplate capacity" means the maximum electrical
						generating 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 U.S. Department of Energy standards.
"NOx authorized account
						representative" means, for a NOx Budget source or
						NOx Budget unit at the source, the natural person who is
						authorized by the owners and operators of the source and all
						NOx Budget units at the source, in accordance with
						Article 2 (9VAC5-140-100 et seq.) of this
						part, to represent and legally bind each owner and operator in matters
						pertaining to the NOx Budget Program.
"NOx Budget permit" means the
						legally binding and federally enforceable written document, or portion of such
						document, issued by the permitting authority under this part, including any
						permit revisions, specifying the NOx Budget Program
						requirements applicable to a NOx Budget source, to each
						NOx Budget unit at the NOx Budget
						source, and to the owners and operators and the NOx
						authorized account representative of the NOx Budget
						source and each NOx Budget unit.
"NOx Budget source" means a source
						that includes one or more NOx Budget units.
"NOx Budget Program" means a
						program established in accordance with this part and approved and administered
						by the administrator pursuant to
						40 CFR
						51.121 or established by the administrator
						pursuant to 40 CFR
						52.34.
"NOx Budget unit" means a unit
						that is subject to the NOx Budget program under
						9VAC5-140-40.
"Operator" means any person who operates, controls, or
						supervises a NOx Budget unit or a
						NOx Budget source and shall include any holding company,
						utility system, or plant manager of such a unit or source.
"Owner" means any of the following persons:
1. Any holder of any portion of the legal or equitable
						title in a NOx Budget unit;
2. Any holder of a leasehold interest in a
						NOx Budget unit; or
3. Any purchaser of power from a
						NOx Budget unit under a life-of-the-unit, firm power
						contractual arrangement. 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
						NOx Budget unit.
"Permitting authority" means the State Air Pollution
						Control Board.
"Receive" or "receipt of" means, when referring to the
						permitting authority or the administrator, 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 permitting authority or the administrator in the regular course of
						business.
"Reference method" means any direct test method of
						sampling and analyzing for an air pollutant as specified in Appendix A of 40
						CFR Part 60.
"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
						CAA. For purposes of § 502(c) of the CAA, a "source," including a "source"
						with multiple units, shall be considered a single "facility."
"State" means the Commonwealth of Virginia. The term
						"state" shall have its conventional meaning where such meaning is clear from
						the context.
"State operating permit" means a permit issued under
						Article 5 (9VAC5-80-800 et seq.) of Part II of
						9VAC5 Chapter 80.
"State operating permit regulations" means the
						regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of
						9VAC5 Chapter 80.
"Submit" or "serve" means to send or transmit a document,
						information, or correspondence to the person specified in accordance with the
						applicable regulation:
1. In person;
2. By United States Postal Service; or
3. 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.
"Title V operating permit" means a permit issued under
						Article 1 (9VAC5-80-50 et seq.) or Article 3
						(9VAC5-80-360 et seq.) of Part II of
						9VAC5 Chapter 80.
"Title V operating permit regulations" means the
						regulations codified in Article 1 (9VAC5-80-50 et seq.), Article 2
						(9VAC5-80-310 et seq.), Article 3
						(9VAC5-80-360 et seq.), and Article
						4 (9VAC5-80-710 et seq.) of Part II of
						9VAC5 Chapter 80.
"Ton" or "tonnage" means any "short ton" (i.e., 2,000
						pounds). Total tons for a 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 Article 8 (9VAC5-140-700 et seq.) 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.
"Unit" means a fossil fuel-fired stationary boiler,
						combustion turbine, or combined cycle system.
"Unit operating day" means a calendar day in which a unit
						combusts any fuel.
"Unit operating hour" or "hour of unit operation" means
						any hour (or fraction of an hour) during which a unit combusts any
						fuel.
Statutory Authority: §§
													10.1-1308 and
						  10.1-1322.3 of the Code of
						  Virginia; Clean Air Act ( 42
						  USC §
														7401 et seq.); 40 CFR Part
						  51.