West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-41 - Control Of Annual Sulfur Dioxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Sulfur Dioxide › Section 45-41-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Account
				number" means the identification number given by the Administrator to each CAIR
				SO2 Allowance Tracking System account.
2.2. "Acid Rain emissions limitation" means a
				limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid
				Rain Program.
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
				Title IV of the CAA and 40 CFR Parts 72 through 78.
2.4. "Administrator" means the Administrator
				of the United States Environmental Protection Agency (U.S. EPA) or the
				Administrator's duly authorized representative.
2.5. "Allocate" or "allocation" means, with
				regard to CAIR SO2 allowances issued under the Acid Rain
				Program, the determination by the Administrator of the amount of such CAIR
				SO2 allowances to be initially credited to a CAIR
				SO2 unit or other entity and, with regard to CAIR
				SO2 allowances issued under provisions of a state
				implementation plan that are approved under 40 CFR §§51.124 (o)(1) or
				(2) or (r) or 97.288, the determination by the Secretary or a permitting
				authority of the amount of such CAIR SO2 allowances to
				be initially credited to a CAIR SO2 unit or other
				entity.
2.6. "Allowance transfer
				deadline" means, for a control period, midnight of March 1, (if it is a
				business day), or midnight of the first business day thereafter (if March 1 is
				not a business day), immediately following the control period and is the
				deadline by which a CAIR SO2 allowance transfer must be
				submitted for recordation in a CAIR SO2 source's
				compliance account in order to be used to meet the source's CAIR
				SO2 emissions limitation for such control period in
				accordance with section 54.
2.7.
				"Alternate CAIR designated representative" means, for a CAIR
				SO2 source and each CAIR SO2 unit
				at the source, the natural person who is authorized by the owners and operators
				of the source and all such units at the source, in accordance with sections 10
				through 15, to act on behalf of the CAIR designated representative in matters
				pertaining to the CAIR SO2 Trading Program. If the CAIR
				SO2 source is also a CAIR NOX
				Annual source under 45CSR39, then this natural person will be the same person
				as the alternate CAIR designated representative under the CAIR
				NOX Annual Trading Program. If the CAIR
				SO2 source is also a CAIR NOX
				Ozone Season source under 45CSR40, then this natural person will be the same
				person as the alternate CAIR designated representative under the CAIR
				NOX Ozone Season Trading Program. If the CAIR
				SO2 source is also subject to the Acid Rain Program,
				then this natural person will be the same person as the alternate designated
				representative under the Acid Rain Program under 45CSR33. If the CAIR
				SO2 source is also subject to the Hg Budget Trading
				Program, then this natural person will be the same person as the alternate Hg
				designated representative under the Hg Budget Trading Program under
				45CSR37.
2.8. "Automated data
				acquisition and handling system" or "DAHS" means that component of the
				continuous emission monitoring system, or other emissions monitoring system
				approved for use under sections 70 through 75, 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 sections 70 through 75.
2.9. "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.
2.10. "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.
2.11. "CAIR authorized
				account representative" means, with regard to a general account, a responsible
				natural person who is authorized, in accordance with sections 10 through 15,
				sections 51 through 57, to transfer and otherwise dispose of CAIR
				SO2 allowances held in the general account and, with
				regard to a compliance account, the CAIR designated representative of the
				source.
2.12. "CAIR designated
				representative" means, for a CAIR SO2 source and each
				CAIR SO2 unit at the source, the natural person who is
				authorized by the owners and operators of the source and all such units at the
				source, in accordance with sections 10 through 15, to represent and legally
				bind each owner and operator in matters pertaining to the CAIR
				SO2 Trading Program. If the CAIR
				SO2 source is also a CAIR NOX
				Annual source under 45CSR39, then this natural person will be the same person
				as the CAIR designated representative under the CAIR NOX
				Annual Trading Program. If the CAIR SO2 source is also a
				CAIR NOX Ozone Season source under 45CSR40, then this
				natural person will be the same person as the CAIR designated representative
				under the CAIR NOX Ozone Season Trading Program. If the
				CAIR SO2 source is also subject to the Acid Rain
				Program, then this natural person will be the same person as the designated
				representative under the Acid Rain Program under 45CSR33. If the CAIR
				SO2 source is also subject to the Hg Budget Trading
				Program, then this natural person will be the same person as the Hg designated
				representative under the Hg Budget Trading Program under 45CSR37.
2.13. "CAIR NOX Annual
				source" means a source that is subject to the CAIR NOX
				Annual Trading Program.
2.14. "CAIR
				NOX Annual Trading Program" means a multi-state nitrogen
				oxides air pollution control and emission reduction program approved and
				administered by the Administrator in accordance with 40 CFR Part 96, Subparts
				AA through II and 40 CFR §51.123 (o)(1) or (2) or established by the
				Administrator in accordance with 40 CFR Part 97, Subparts AA through II and 40
				CFR §§51.123 (p) and 52.35, as a means of mitigating interstate
				transport of fine particulates and nitrogen oxides.
2.15. Reserved.
2.16. "CAIR NOX Ozone
				Season source" means a source that is subject to the CAIR
				NOX Ozone Season Trading Program.
2.17. "CAIR NOX Ozone
				Season Trading Program" means a multi-state nitrogen oxides air pollution
				control and emission reduction program approved and administered by the
				Administrator in accordance with 40 CFR Part 96, Subparts AAAA through IIII and
				40 CFR §51.123 (aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd) or
				established by the Administrator in accordance with 40 CFR Part 97, Subparts
				AAAA through IIII and 40 CFR §§51.123 (ee) and 52.35, as a means of
				mitigating interstate transport of ozone and nitrogen oxides.
2.18. Reserved.
2.19. "CAIR permit" means the legally binding
				and federally enforceable written document, or portion of such document, issued
				by the Secretary under sections 20 through 24, including any permit revisions,
				specifying the CAIR SO2 Trading Program requirements
				applicable to a CAIR SO2 source, to each CAIR
				SO2 unit at the source, and to the owners and operators
				and the CAIR designated representative of the source and each such
				unit.
2.20. "CAIR
				SO2 allowance" means a limited authorization issued by
				the Administrator under the Acid Rain Program, the Secretary or a permitting
				authority under provisions of a state implementation plan that are approved
				under 40 CFR §§51.124 (o)(1) or (2) or (r) or 97.288, to emit sulfur
				dioxide during the control period of the specified calendar year for which the
				authorization is allocated or of any calendar year thereafter under the CAIR
				SO2 Trading Program as follows:
2.20.a. For one CAIR
				SO2 allowance allocated for a control period in a year
				before 2010, one ton of sulfur dioxide, except as provided in subsection
				54.2;
2.20.b. For one CAIR
				SO2 allowance allocated for a control period in 2010
				through 2014, 0.50 ton of sulfur dioxide, except as provided in subsection
				54.2;
2.20.c. For one CAIR
				SO2 allowance allocated for a control period in 2015 or
				later, 0.35 ton of sulfur dioxide, except as provided in subsection 54.2;
				and
2.20.d. An authorization to
				emit sulfur dioxide that is not issued under the Acid Rain Program, provisions
				of a state implementation plan that are approved under 40 CFR
				§§51.124 (o)(1) or (2) or (r) or 97.288 will not be a CAIR
				SO2 allowance.
2.21. "CAIR SO2
				allowance deduction" or "deduct CAIR SO2 allowances"
				means the permanent withdrawal of CAIR SO2 allowances by
				the Administrator from a compliance account, e.g., in order to account for a
				specified number of tons of total sulfur dioxide emissions from all CAIR
				SO2 units at a CAIR SO2 source
				for a control period, determined in accordance with sections 70 through 75, or
				to account for excess emissions.
2.22. "CAIR SO2
				Allowance Tracking System" means the system by which the Administrator records
				allocations, deductions, and transfers of CAIR SO2
				allowances under the CAIR SO2 Trading Program. This is
				the same system as the Allowance Tracking System under 40 CFR §72.2 by
				which the Administrator records allocations, deduction, and transfers of Acid
				Rain SO2 allowances under the Acid Rain
				Program.
2.23. "CAIR
				SO2 Allowance Tracking System account" means an account
				in the CAIR SO2 Allowance Tracking System established by
				the Administrator for purposes of recording the allocation, holding,
				transferring, or deducting of CAIR SO2 allowances. Such
				allowances will be allocated, held, deducted, or transferred only as whole
				allowances.
2.24. "CAIR
				SO2 allowances held" or "hold CAIR
				SO2 allowances" means the CAIR
				SO2 allowances recorded by the Administrator, or
				submitted to the Administrator for recordation, in accordance with sections 51
				through 57 and sections 60 through 62, or 40 CFR Part 73, in a CAIR
				SO2 Allowance Tracking System account.
2.25. "CAIR SO2
				emissions limitation" means, for a CAIR SO2 source, the
				tonnage equivalent, in SO2 emissions in a control
				period, of the CAIR SO2 allowances available for
				deduction for the source under subsections 54.1 and 54.2 for the control
				period.
2.26. "CAIR
				SO2 source" means a source that includes one or more
				CAIR SO2 units.
2.27. "CAIR SO2
				Trading Program" means a multi-state sulfur dioxide air pollution control and
				emission reduction program approved and administered by the Administrator in
				accordance with 40 CFR Part 96, Subparts AAA through III and 40 CFR
				§51.124 (o)(1) or (2) or established by the Administrator in accordance
				with 40 CFR Part 97, Subparts AAA through III and 40 CFR §§51.124 (r)
				and 52.36, as a means of mitigating interstate transport of fine particulates
				and sulfur dioxide.
2.28. "CAIR
				SO2 unit" means a unit that is subject to the CAIR
				SO2 Trading Program under section 4.
2.29. "Clean Air Act" or "CAA" means the
				Clean Air Act,
				42 U.S.C.
				7401, et seq.
2.30. "Coal" means any solid fuel classified
				as anthracite, bituminous, subbituminous or lignite.
2.31. "Coal-derived fuel" means any fuel
				(whether in a solid, liquid, or gaseous state) produced by the mechanical,
				thermal, or chemical processing of coal.
2.32. "Coal-fired" means combusting any
				amount of coal or coal-derived fuel, alone or in combination with any amount of
				any other fuel.
2.33. "Cogeneration
				unit" means a stationary, fossil fuel-fired boiler or stationary, fossil
				fuel-fired combustion turbine:
2.33.a. Having
				equipment used to produce electricity and useful thermal energy for industrial,
				commercial, heating, or cooling purposes through the sequential use of energy;
				and
2.33.b. 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:
2.33.b.1. For a
				topping-cycle cogeneration unit,
2.33.b.1.A.
				Useful thermal energy not less than 5 percent of total energy output;
				and
2.33.b.1.B. 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; and
2.33.b.2. For a bottoming-cycle cogeneration
				unit, useful power not less than 45 percent of total energy input.
2.34. "Combustion
				turbine" means:
2.34.a. An enclosed device
				comprising 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; and
2.34.b. If the enclosed device under
				subdivision 2.34.a is combined cycle, any associated duct burner, heat recovery
				steam generator and steam turbine.
2.35. "Commence commercial operation" means,
				with regard to a unit:
2.35.a. 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 section 5.
2.35.a.1. For a unit that is a CAIR
				SO2 unit under section 4 on the later of November 15,
				1990 or the date the unit commences commercial operation as defined in
				subdivision 2.35.a and that subsequently undergoes a physical change (other
				than replacement of the unit by a unit at the same source), such date will
				remain the date of commencement of commercial operation of the unit, which
				shall continue to be treated as the same unit.
2.35.a.2. For a unit that is a CAIR
				SO2 unit under section 4 on the later of November 15,
				1990 or the date the unit commences commercial operation as defined in
				subdivision 2.35.a and that is subsequently replaced by a unit at the same
				source (e.g., repowered), such date shall remain the replaced unit's date of
				commencement of commercial operation, and the replacement unit will be treated
				as a separate unit with a separate date for commencement of commercial
				operation as defined in subdivisions 2.35.a or 2.35.b, as
				appropriate.
2.35.b.
				Notwithstanding subdivision 2.35.a and except as provided in section 5, for a
				unit that is not a CAIR SO2 unit under section 4 on the
				later of November 15, 1990 or the date the unit commences commercial operation
				as defined in subdivision 2.35.a, the unit's date for commencement of
				commercial operation will be the date on which the unit becomes a CAIR
				SO2 unit under section 4.
2.35.b.1. For a unit with a date for
				commencement of commercial operation as defined in subdivision 2.35.b and that
				subsequently undergoes a physical change (other than replacement of the unit by
				a unit at the same source), such date will remain the date of commencement of
				commercial operation of the unit, which shall continue to be treated as the
				same unit.
2.35.b.2. For a unit
				with a date for commencement of commercial operation as defined in subdivision
				2.35.b and that is subsequently replaced by a unit at the same source (e.g.,
				repowered), such date shall remain the replaced unit's date of commencement of
				commercial operation, and the replacement unit will be treated as a separate
				unit with a separate date for commencement of commercial operation as defined
				in subdivisions 2.35.a or 2.35.b, as appropriate.
2.36. "Commence operation" means:
2.36.a. To have begun any mechanical,
				chemical, or electronic process, including, with regard to a unit, start-up of
				a unit's combustion chamber.
2.36.b. For a unit that undergoes a physical
				change (other than replacement of the unit by a unit at the same source) after
				the date the unit commences operation as defined in subdivision 2.36.a, such
				date will remain the date of commencement of operation of the unit, which shall
				continue to be treated as the same unit.
2.36.c. For a unit that is replaced by a unit
				at the same source (e.g., repowered) after the date the unit commences
				operation as defined in subdivision 2.36.a, such date shall remain the replaced
				unit's date of commencement of operation, and, the replacement unit will be
				treated as a separate unit with a separate date for commencement of operation
				as defined in subdivisions 2.36.a, 2.36.b, or 2.36.c as appropriate.
2.37. "Common stack" means a
				single flue through which emissions from 2 or more units are
				exhausted.
2.38. "Compliance
				account" means a CAIR SO2 Allowance Tracking System
				account, established by the Administrator for a CAIR SO2
				source subject to an Acid Rain emissions limitations under 40 CFR §73.31
				(a) or (b) or for any other CAIR SO2 source under
				sections 51 through 57, in which any CAIR SO2 allowance
				allocations for the CAIR SO2 units at the source are
				initially recorded and in which are held any CAIR SO2
				allowances available for use for a control period in order to meet the source's
				CAIR SO2 emissions limitation in accordance with section
				54.
2.39. "Continuous emission
				monitoring system" or "CEMS" means the equipment required under sections 70
				through 75 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 (DAHS)), a permanent record of sulfur dioxide emissions,
				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. The following systems are the principal types of continuous
				emission monitoring systems required under sections 70 through 75:
2.39.a. 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);
2.39.b. A sulfur dioxide monitoring system,
				consisting of a SO2 pollutant concentration monitor and
				an automated data acquisition and handling system and providing a permanent,
				continuous record of SO2 emissions, in parts per million
				(ppm);
2.39.c. 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
				H2O;
2.39.d.
				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
2.39.e. 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.
2.40. "Control period" means the period
				beginning January 1 of a calendar year, except as provided in subdivision
				6.3.b, and ending on December 31 of the same year, inclusive.
2.41. "Emissions" or "emission" means air
				pollutants exhausted from a unit or source into the atmosphere, as measured,
				recorded, and reported to the Administrator by the CAIR designated
				representative and as determined by the Administrator in accordance with
				sections 70 through 75.
2.42.
				"Excess emissions" means any ton, or portion of a ton, of sulfur dioxide
				emitted by the CAIR SO2 units at a CAIR
				SO2 source during a control period that exceeds the CAIR
				SO2 emission limitation for the source, provided that
				any portion of a ton of excess emissions will be treated as one ton of excess
				emissions.
2.43. "Fossil fuel"
				means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous
				fuel derived from such material.
2.44. "Fossil fuel-fired" means, with regard
				to a unit, combusting any amount of fossil fuel in any calendar year.
2.45. "General account" means a CAIR
				SO2 Allowance Tracking System account, established under
				sections 51 through 57, that is not a compliance account.
2.47. "Generator" means a device that
				produces electricity.
2.48. "Heat
				input" means, with regard to a specified period of time, the product (in
				mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by
				1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion
				device (in lb of fuel/time), as measured, recorded, and reported to the
				Administrator by the CAIR designated representative and determined by the
				Administrator in accordance with sections 70 through 75 and excluding the heat
				derived from preheated combustion air, recirculated flue gases, or exhaust from
				other sources.
2.49. "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.
2.50.
				"Hg Budget Trading Program" means a multi-state Hg air pollution control and
				emission reduction program approved and administered by the Administrator in
				accordance 40 CFR Part 60, Subpart HHHH and 40 CFR §60.24 (h)(6), or
				established by the Administrator, as a means of reducing national Hg
				emissions.
2.51. "Life-of-the-unit,
				firm power contractual arrangement" means a unit participation power sales
				agreement under which a utility or industrial customer reserves, or is entitled
				to receive, a specified amount or percentage of nameplate capacity and
				associated energy generated by any specified unit and pays its proportional
				amount of such unit's total costs, pursuant to a contract:
2.51.a. For the life of the unit;
2.51.b. For a cumulative term of no less than
				30 years, including contracts that permit an election for early termination;
				or
2.51.c. For a period no less
				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.
2.52. "Maximum design heat input" means the
				maximum amount of fuel per hour (in Btu/hr) that a unit is capable of
				combusting on a steady state basis as of the initial installation of the unit
				as specified by the manufacturer of the unit.
2.53. "Monitoring system" means any
				monitoring system that meets the requirements of sections 70 through 75,
				including a continuous emissions monitoring system, an alternative monitoring
				system, or an excepted monitoring system under 40 CFR Part 75.
2.54. "Most stringent state or federal
				SO2 emission limitation" means, with regard to a unit,
				the lowest SO2 emission limitation (in terms of
				lb/mmBtu) that is applicable to the unit under state or federal law, regardless
				of the averaging period to which the emissions limitation applies.
2.55. "Nameplate capacity" means, starting
				from the initial installation of a generator, 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 deratings) as of such installation as specified
				by the manufacturer of the generator or, starting from the completion of any
				subsequent physical change in the generator resulting in an 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 deratings), such increased
				maximum amount as of such completion as specified by the person conducting the
				physical change.
2.56. "Operator"
				means any person who operates, controls, or supervises a CAIR
				SO2 unit or a CAIR SO2 source and
				will include, but not be limited to, any holding company, utility system, or
				plant manager of such a unit or source.
2.57. "Owner" means any of the following
				persons:
2.57.a. With regard to a CAIR
				SO2 source or a CAIR SO2 unit at
				a source, respectively:
2.57.a.1. Any holder
				of any portion of the legal or equitable title in a CAIR
				SO2 unit at the source or the CAIR
				SO2 unit;
2.57.a.2. Any holder of a leasehold interest
				in a CAIR SO2 unit at the source or the CAIR
				SO2 unit; or
2.57.a.3. Any purchaser of power from a CAIR
				SO2 unit at the source or the CAIR
				SO2 unit under a life-of-the-unit, firm power
				contractual arrangement; provided that, unless expressly provided for in a
				leasehold agreement, owner will 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) on the revenues or income from such CAIR
				SO2 unit; or
2.57.b. With regard to any general account,
				any person who has an ownership interest with respect to the CAIR
				SO2 allowances held in the general account and who is
				subject to the binding agreement for the CAIR authorized account representative
				to represent the person's ownership interest with respect to CAIR
				SO2 allowances.
2.58. "Permitting authority" means the state
				air pollution control agency, local agency, other state agency, or other agency
				authorized by the Administrator to issue or revise permits to meet the
				requirements of the CAIR SO2 Trading Program in
				accordance with 40 CFR Part 96, Subpart CCC or, if no such agency has been so
				authorized, the Administrator.
2.59. "Potential electrical output capacity"
				means 33 percent of a unit's maximum design heat input, divided by 3,413
				Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
2.60. "Receive" or "receipt of" means, when
				referring to the Secretary or the Administrator, to come into possession of a
				document, information, or correspondence (whether sent in hard copy or by
				authorized electronic transmission), as indicated in an official log, or by a
				notation made on the document, information, or correspondence, by the Secretary
				or the Administrator in the regular course of business.
2.61. "Recordation", "record", or "recorded"
				means, with regard to CAIR SO2 allowances, the movement
				of CAIR SO2 allowances by the Administrator into or
				between CAIR SO2 Allowance Tracking System accounts, for
				purposes of allocation, transfer, or deduction.
2.62. "Reference method" means any direct
				test method of sampling and analyzing for an air pollutant as specified in 40
				CFR §75.22.
2.63.
				"Replacement", "replace", or "replaced" means, with regard to a unit, the
				demolishing of a unit, or the permanent shutdown and permanent disabling of a
				unit, and the construction of another unit (the replacement unit) to be used
				instead of the demolished or shutdown unit (the replaced unit).
2.64. "Repowered" means, with regard to a
				unit, replacement of a coal-fired boiler with one of the following coal-fired
				technologies at the same source as the coal-fired boiler:
2.64.a. Atmospheric or pressurized fluidized
				bed combustion;
2.64.b. Integrated
				gasification combined cycle;
2.64.c. Magnetohydrodynamics;
2.64.d. Direct and indirect coal-fired
				turbines;
2.64.e. Integrated
				gasification fuel cells; or
2.64.f.
				As determined by the Administrator in consultation with the Secretary of
				Energy, a derivative of one or more of the technologies under subdivisions
				2.64.a through 2.64.e 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.
2.65.
				"Secretary" means the Secretary of the Department of Environmental Protection
				or such other person to whom the Secretary has delegated authority or duties
				pursuant to W. Va. Code §§
										22-1-6
				or
				22-1-8.
2.66. "Serial number" means, for a CAIR
				SO2 allowance, the unique identification number assigned
				to each CAIR SO2 allowance by the
				Administrator.
2.67. "Sequential
				use of energy" means:
2.67.a. For a
				topping-cycle cogeneration unit, the use of reject heat from electricity
				production in a useful thermal energy application or process; or
2.67.b. For a bottoming-cycle cogeneration
				unit, the use of reject heat from useful thermal energy application or process
				in electricity production.
2.68. "Solid waste incineration unit" means a
				stationary, fossil fuel-fired boiler or stationary, fossil fuel-fired
				combustion turbine that is a "solid waste incineration unit" as defined in
				section 129(g)(1) of the Clean Air Act.
2.69. "Source" means all buildings,
				structures, or installations located in one or more contiguous or adjacent
				properties under common control of the same person or persons. For purposes of
				section 502(c) of the CAA, a "source," including a "source" with multiple
				units, will be considered a single "facility."
2.70. "State" means one of the states or the
				District of Columbia that adopts the CAIR SO2 Trading
				Program pursuant to 40 CFR §§51.124 (o)(1) or (2).
2.71. "Submit" or "serve" means to send or
				transmit a document, information, or correspondence to the person specified in
				accordance with the applicable regulation:
2.71.a. In person;
2.71.b. By United States Postal Service;
				or
2.71.c. By other means of
				dispatch or transmission and delivery. Compliance with any "submission" or
				"service" deadline will be determined by the date of dispatch, transmission, or
				mailing and not the date of receipt.
2.72. "Title V operating permit" means a
				permit issued under 45CSR30.
2.73.
				"Ton" means 2,000 pounds. For the purpose of determining compliance with the
				CAIR SO2 emission limitation, total tons of sulfur
				dioxide emissions for a control period will be calculated as the sum of all
				recorded hourly emissions (or the mass equivalent of the recorded hourly
				emission rates) in accordance with sections 70 through 75, but with any
				remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal
				one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal
				zero tons.
2.74. "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.
2.75. "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.
2.76.
				"Total energy output" means, with regard to a cogeneration unit, the sum of
				useful power and useful thermal energy produced by the cogeneration
				unit.
2.77. "Unit" means a
				stationary, fossil fuel-fired boiler or combustion turbine.
2.78. "Unit operating day" means a calendar
				day in which a unit combusts any fuel.
2.79. "Unit operating hour" or "hour of unit
				operation" means an hour in which a unit combusts any fuel.
2.80. "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 process
				includes, but is not limited to, any on-site processing or treatment of fuel
				combusted at the unit and any onsite emission controls).
2.81. "Useful thermal energy" means, with
				regard to a cogeneration unit, thermal energy that is:
2.81.a. Made available to an industrial or
				commercial process (not a power production process), excluding any heat
				contained in condensate return or makeup water;
2.81.b. Used in a heating application (e.g.,
				space heating or domestic hot water heating); or
2.81.c. Used in a space cooling application
				(i.e., thermal energy used by an absorption chiller).
2.82. "Utility power distribution system"
				means the portion of an electricity grid owned or operated by a utility and
				dedicated to delivering electricity to customers.
2.83. Other words and phrases used in this
				rule, unless otherwise indicated, will have the meaning ascribed to them in W.
				Va. Code §
										22-5-1
				et seq. and 40 CFR §72.2.