Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(1) "Actual
			weighted average NOx emission rate" means, for an
			NOx averaging plan under s.
			NR
			409.065(7), for a year the sum of the
			products of the actual annual average NOx emission rate
			and actual annual heat input, as determined in accordance with 40 CFR part 75
			transfers, for all units in the NOx averaging plan for
			the year divided by the sum of the actual annual heat input, as determined in
			accordance with 40 CFR part 75, for all units in the NOx
			averaging plan for the year.
(2)
			"Allocate" or "allocation" means, with regard to CAIR
			NOx allowances or CAIR NOx ozone
			season allowances, the determination by the department of the amount of CAIR
			NOx allowances or CAIR NOx ozone
			season allowances to be initially credited to a CAIR NOx
			unit, a CAIR renewable unit, or other entity.
(3) "Biomass" means a resource that derives
			energy from wood or plant material or residue, biological waste, crops grown
			for use as a resource or landfill gases. "Biomass" does not include garbage, as
			defined in s.
			289.01(9),
			Stats., or nonvegetation - based industrial, commercial or household waste,
			except that "biomass" includes refuse-derived fuel used for a renewable
			facility that was in service before January 1, 1998.
(4) "Boiler" means an enclosed fossil
			fuel-fired or other fuel-fired combustion device used to produce heat and to
			transfer heat to recirculating water, steam, or other medium.
(5) "Bottom-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.
(6) "CAIR" means the
			federal clean air interstate rule promulgated in 40 CFR part 97.
(7) CAIR designated representative" means,
			for a CAIR NOx source and each CAIR
			NOx unit at the source, the natural person who is
			authorized by the owners and operators of the source and all units at the
			source, in accordance with 40 CFR part 97, Subparts BB and HH and Subparts BBBB
			and HHHH, to represent and legally bind each owner and operator in matters
			pertaining to the CAIR NOx annual trading program and
			the CAIR NOx ozone season trading program. This person
			shall be the same person as the designated representative for the CAIR
			NOx annual trading program and the CAIR
			NOx ozone season trading program. If the CAIR
			NOx source is also subject to the acid rain program,
			this natural person shall be the same person as the designated representative
			under the acid rain program.
(8)
			"CAIR NOx allowance" means a limited authorization
			issued by the department under this chapter, to emit one ton of nitrogen oxides
			during a calendar year for which the authorization is allocated or during any
			calendar year thereafter under the CAIR NOx annual
			trading program. An authorization to emit nitrogen oxides that is not issued
			under this chapter, 40 CFR part 97, Subpart EE,
			40 CFR
			97.188, or provisions of a state
			implementation plan that are approved under
			40
			CFR 51.123(o) (1) or (2) is
			not a CAIR NOx allowance.
(9) "CAIR NOx annual
			trading program" means a multi-state nitrogen oxides air pollution control and
			emission reduction program established by the administrator in accordance with
			40 CFR part 97, Subparts AA to HH and
			40
			CFR 51.123(p) and
			52.35
			or approved and administered by the administrator under provisions of a state
			implementation plan that are approved under
			40
			CFR 51.123(o) (1) or (2), as
			a means of mitigating interstate transport of fine particulates and nitrogen
			oxides.
(10) "CAIR
			NOx ozone season allowance" means a limited
			authorization issued by the department under this chapter, to emit one ton of
			nitrogen oxides during an ozone season for which the authorization is allocated
			or during an ozone season of any calendar year thereafter under the CAIR
			NOx ozone season trading program or a limited
			authorization issued by a permitting authority for a control period during 2003
			through 2008 under the NOx budget trading program in
			accordance with
			40
			CFR 51.121(p) to emit one
			ton of nitrogen oxides during a control period, provided that the provision in
			40
			CFR 51.121(b) (2) (ii) (E)
			may not be used in applying this definition and the limited authorization may
			not have been used to meet the allowance-holding requirement under the
			NOx budget trading program. An authorization to emit
			nitrogen oxides that is not issued under this chapter, 40 CFR part 97, Subpart
			EEEE,
			40
			CFR 97.388, or provisions of a state
			implementation plan that are approved under
			40
			CFR 51.123(aa) (1) and (bb) (1), (aa) (2) and (bb) (1), (bb)
			(2) or (dd) or that meets the requirements of
			40
			CFR 51.121(p) is not a CAIR
			NOx ozone season allowance.
(11) "CAIR NOx ozone
			season trading program" means a multi-state nitrogen oxides air pollution
			control and emission reduction program established by the administrator in
			accordance 40 CFR part 97, Subparts AAAA to HHHH and
			40
			CFR 51.123(ee) and
			52.35
			or administered by the administrator under provisions of a state implementation
			plan that are approved under
			40
			CFR 51.123(aa) (1) and (bb) (1), (aa) (2) and (bb) (1), (bb)
			(2) or (dd), as a means of mitigating
			interstate transport of ozone and nitrogen oxides.
(12) "CAIR NOx source"
			means a source that includes one or more CAIR NOx
			units.
(13) "CAIR
			NOx unit" means a unit that is subject to the CAIR
			NOx annual trading program under
			40
			CFR 97.104 or the CAIR
			NOx ozone trading program under
			40
			CFR 97.304.
(14) "CAIR renewable representative" means,
			for a CAIR renewable unit, the natural person who is authorized by the owners
			and operators of the unit in accordance with s.
			NR 432.07,
			to represent and legally bind each owner and operator in matters pertaining to
			the CAIR NOx annual trading program and the CAIR
			NOx ozone season trading program.
(15) "CAIR renewable unit" means an installed
			and operational electric generating facility, located in this state, commencing
			operation on or after January 1, 2001 that does either of the following:
(a) Generates renewable energy serving a
			generator with nameplate capacity greater than 25 MWe.
(b) Consists of units combined pursuant to s.
			299.83,
			Stats., serving generators with combined nameplate capacity of greater than 25
			MWe.