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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 40 - Protection of Environment
 Chapter I - Environmental Protection Agency
 SubChapter C - Air Programs
 Part 97 - Federal NOX Budget Trading Program, CAIR NOX and SO2 Trading Programs, and CSAPR NOX and SO2 Trading Programs
 Subpart BBBBB - CSAPR NOX Ozone Season Group 1 Trading Program

  § 97.502 - Definitions.  

Latest version.

  • § 97.502 Definitions.

    The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:

    Acid Rain Program means a multi-state SO2 and NOX air pollution control and emission reduction program established by the Administrator under title IV of the Clean Air Act and parts 72 through 78 of this chapter.

    Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator's duly authorized representative under this subpart.

    Allocate or allocation means, with regard to CSAPR NOX Ozone Season Group 1 allowances, the determination by the Administrator, State, or permitting authority, in accordance with this subpart and any SIP revision submitted by the State and approved by the Administrator under § 52.38(b)(3), (4), or (5) of this chapter, of the amount of such CSAPR NOX Ozone Season Group 1 allowances to be initially credited, at no cost to the recipient, to:

    (1) A CSAPR NOX Ozone Season Group 1 unit;

    (2) A new unit set-aside;

    (3) An Indian country new unit set-aside; or

    (4) An entity not listed in paragraphs (1) through (3) of this definition;

    (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NOX Ozone Season Group 1 unit qualifying for an initial credit, a credit in the amount of zero CSAPR NOX Ozone Season Group 1 allowances, the CSAPR NOX Ozone Season Group 1 unit will be treated as being allocated an amount (i.e., zero) of CSAPR NOX Ozone Season Group 1 allowances.

    Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR NOX Ozone Season Group 1 allowances under the CSAPR NOX Ozone Season Group 1 Trading Program. Such allowances are allocated, auctioned, recorded, held, transferred, or deducted only as whole allowances.

    Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR NOX Ozone Season Group 1 allowances.

    Allowance transfer deadline means, for a control period in 2015 or 2016, midnight of December 1 immediately after such control period or, for a control period in a year from 2017 through 2020, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such December 1, March 1, or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR NOX Ozone Season Group 1 allowance transfer must be submitted for recordation in a CSAPR NOX Ozone Season Group 1 source's compliance account in order to be available for use in complying with the source's CSAPR NOX Ozone Season Group 1 emissions limitation for such control period in accordance with §§ 97.506 and 97.524.

    Alternate designated representative means, for a CSAPR NOX Ozone Season Group 1 source and each CSAPR NOX Ozone Season Group 1 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 this subpart, to act on behalf of the designated representative in matters pertaining to the CSAPR NOX Ozone Season Group 1 Trading Program. If the CSAPR NOX Ozone Season Group 1 source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program, then this natural person shall be the same natural person as the alternate designated representative as defined in the respective program.

    Assurance account means an Allowance Management System account, established by the Administrator under § 97.525(b)(3) for certain owners and operators of a group of one or more CSAPR NOX Ozone Season Group 1 sources and units in a given State (and Indian country within the borders of such State), in which are held CSAPR NOX Ozone Season Group 1 allowances available for use for a control period in a given year in complying with the CSAPR NOX Ozone Season Group 1 assurance provisions in accordance with §§ 97.506 and 97.525.

    Auction means, with regard to CSAPR NOX Ozone Season Group 1 allowances, the sale to any person by a State or permitting authority, in accordance with a SIP revision submitted by the State and approved by the Administrator under § 52.38(b)(4) or (5) of this chapter, of such CSAPR NOX Ozone Season Group 1 allowances to be initially recorded in an Allowance Management System account.

    Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR NOX Ozone Season Group 1 allowances held in the general account and, for a CSAPR NOX Ozone Season Group 1 source's compliance account, the designated representative of the source.

    Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, 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 this subpart.

    Biomass means—

    (1) Any organic material grown for the purpose of being converted to energy;

    (2) Any organic byproduct of agriculture that can be converted into energy; or

    (3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:

    (i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or

    (ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.

    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.

    Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

    Business day means a day that does not fall on a weekend or a federal holiday.

    Certifying official means a natural person who is:

    (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;

    (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or

    (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.

    Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.

    Coal means “coal” as defined in § 72.2 of this chapter.

    Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.

    Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:

    (1) Operating as part of a cogeneration system; and

    (2) Producing on an annual average basis—

    (i) For a topping-cycle unit,

    (A) Useful thermal energy not less than 5 percent of total energy output; and

    (B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 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; or

    (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

    (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;

    (4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit's total energy input from all fuel, except biomass if the unit is a boiler; and

    (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.

    Combustion turbine means an enclosed device comprising:

    (1) If the device is simple cycle, 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) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.

    Commence commercial operation means, with regard to a unit:

    (1) 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 § 97.505.

    (i) For a unit that is a CSAPR NOX Ozone Season Group 1 unit under § 97.504 on the later of January 1, 2005 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that subsequently undergoes a physical change or is moved to a new location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

    (ii) For a unit that is a CSAPR NOX Ozone Season Group 1 unit under § 97.504 on the later of January 1, 2005 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

    (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.505, for a unit that is not a CSAPR NOX Ozone Season Group 1 unit under § 97.504 on the later of January 1, 2005 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition, the unit's date for commencement of commercial operation shall be the date on which the unit becomes a CSAPR NOX Ozone Season Group 1 unit under § 97.504.

    (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

    (ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

    Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.513(a) and 97.515(a) as the designated representative for a group of one or more CSAPR NOX Ozone Season Group 1 sources and units in a State (and Indian country within the borders of such State).

    Common designated representative's assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.506(c)(2)(iii), the amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NOX Ozone Season Group 1 allowances allocated for such control period to the group of one or more CSAPR NOX Ozone Season Group 1 units in such State (and such Indian country) having the common designated representative for such control period and the total amount of CSAPR NOX Ozone Season Group 1 allowances purchased by an owner or operator of such CSAPR NOX Ozone Season Group 1 units in an auction for such control period and submitted by the State or the permitting authority to the Administrator for recordation in the compliance accounts for such CSAPR NOX Ozone Season Group 1 units in accordance with the CSAPR NOX Ozone Season Group 1 allowance auction provisions in a SIP revision approved by the Administrator under § 52.38(b)(4) or (5) of this chapter, multiplied by the sum of the State NOX Ozone Season Group 1 trading budget under § 97.510(a) and the State's variability limit under § 97.510(b) for such control period, and divided by such State NOX Ozone Season Group 1 trading budget.

    Common designated representative's share means, with regard to a specific common designated representative for a control period in a given year and a total amount of NOX emissions from all CSAPR NOX Ozone Season Group 1 units in a State (and Indian country within the borders of such State) during such control period, the total tonnage of NOX emissions during such control period from the group of one or more CSAPR NOX Ozone Season Group 1 units in such State (and such Indian country) having the common designated representative for such control period.

    Common stack means a single flue through which emissions from 2 or more units are exhausted.

    Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR NOX Ozone Season Group 1 source under this subpart, in which any CSAPR NOX Ozone Season Group 1 allowance allocations to the CSAPR NOX Ozone Season Group 1 units at the source are recorded and in which are held any CSAPR NOX Ozone Season Group 1 allowances available for use for a control period in a given year in complying with the source's CSAPR NOX Ozone Season Group 1 emissions limitation in accordance with §§ 97.506 and 97.524.

    Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NOX emissions, stack gas volumetric flow rate, stack gas moisture content, and O2 or CO2 concentration (as applicable), in a manner consistent with part 75 of this chapter and §§ 97.530 through 97.535. The following systems are the principal types of continuous emission monitoring systems:

    (1) 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) A NOX concentration monitoring system, consisting of a NOX pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of NOX emissions, in parts per million (ppm);

    (3) A NOX emission rate (or NOX-diluent) monitoring system, consisting of a NOX pollutant concentration monitor, a diluent gas (CO2 or O2) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NOX concentration, in parts per million (ppm), diluent gas concentration, in percent CO2 or O2, and NOX emission rate, in pounds per million British thermal units (lb/mmBtu);

    (4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H2O;

    (5) A CO2 monitoring system, consisting of a CO2 pollutant concentration monitor (or an O2 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

    (6) An O2 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.

    Control period means the period starting May 1 of a calendar year, except as provided in § 97.506(c)(3), and ending on September 30 of the same year, inclusive.

    CSAPR NOX Annual Trading Program means a multi-state NOX air pollution control and emission reduction program established in accordance with subpart AAAAA of this part and § 52.38(a) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(a)(3) or (4) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(a)(5) of this chapter), as a means of mitigating interstate transport of fine particulates and NOX.

    CSAPR NOX Ozone Season Expanded Group 2 allowance means a CSAPR NOX Ozone Season Group 2 allowance allocated for a control period after 2022 under subpart EEEEE of this part, or § 97.5261026(d), or § 97.1026e)(1)(ii) or (e)(2)(ii) to a unit in a State listed in § 52.38(b)(2)(ii)(D)(1) of this chapter (and Indian country within the borders of such a State) or allocated or auctioned for a control period after 2022 in accordance with the provisions of a SIP revision approved after November 6, 2024 for such a State by the Administrator under § 52.38(b)(7), (8), or (9) of this chapter.

    CSAPR NOX Ozone Season Group 1 allowance means a limited authorization issued and allocated or auctioned by the Administrator under this subpart, or by a State or permitting authority under a SIP revision approved by the Administrator under § 52.38(b)(3), (4), or (5) of this chapter, to emit one ton of NOX during a control period of the specified calendar year for which the authorization is allocated or auctioned or of any calendar year thereafter under the CSAPR NOX Ozone Season Group 1 Trading Program.

    CSAPR NOX Ozone Season Group 1 allowance deduction or deduct CSAPR NOX Ozone Season Group 1 allowances means the permanent withdrawal of CSAPR NOX Ozone Season Group 1 allowances by the Administrator from a compliance account (e.g., in order to account for compliance with the CSAPR NOX Ozone Season Group 1 emissions limitation) or from an assurance account (e.g., in order to account for compliance with the assurance provisions under §§ 97.506 and 97.525).

    CSAPR NOX Ozone Season Group 1 allowances held or hold CSAPR NOX Ozone Season Group 1 allowances means the CSAPR NOX Ozone Season Group 1 allowances treated as included in an Allowance Management System account as of a specified point in time because at that time they:

    (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NOX Ozone Season Group 1 allowance transfer in accordance with this subpart; and

    (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NOX Ozone Season Group 1 allowance transfer in accordance with this subpart.

    CSAPR NOX Ozone Season Group 1 emissions limitation means, for a CSAPR NOX Ozone Season Group 1 source, the tonnage of NOX emissions authorized in a control period in a given year by the CSAPR NOX Ozone Season Group 1 allowances available for deduction for the source under § 97.524(a) for such control period.

    CSAPR NOX Ozone Season Group 1 source means a source that includes one or more CSAPR NOX Ozone Season Group 1 units.

    CSAPR NOX Ozone Season Group 1 Trading Program means a multi-state NOX air pollution control and emission reduction program established in accordance with this subpart and § 52.38(b)(1), (b)(2)(i), and (b)(3) through (5) and (13) through (15) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(b)(3) or (4) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(b)(5) of this chapter), as a means of mitigating interstate transport of ozone and NOX.

    CSAPR NOX Ozone Season Group 1 unit means a unit that is subject to the CSAPR NOX Ozone Season Group 1 Trading Program.

    CSAPR NOX Ozone Season Group 2 allowance means a limited authorization issued and allocated or auctioned by the Administrator under subpart EEEEE of this part, § 97.526(d), or § 97.1026(e), or by a State or permitting authority under a SIP revision approved by the Administrator under § 52.38(b)(7), (8), or (9) of this chapter, to emit one ton of NOX during a control period of the specified calendar year for which the authorization is allocated or auctioned or of any calendar year thereafter under the CSAPR NOX Ozone Season Group 2 Trading Program, where each CSAPR NOX Ozone Season Group 2 allowance is either a CSAPR NOX Ozone Season Original Group 2 allowance or a CSAPR NOX Ozone Season Expanded Group 2 allowance.

    CSAPR NOX Ozone Season Group 2 Trading Program means a multi-state NOX air pollution control and emission reduction program established in accordance with subpart EEEEE of this part and § 52.38(b)(1), (b)(2)(ii), and (b)(7) through (9), (13), (14), and (16) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(b)(7) or (8) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(b)(9) of this chapter), as a means of mitigating interstate transport of ozone and NOX.

    CSAPR NOX Ozone Season Group 3 allowance means a limited authorization issued and allocated or auctioned by the Administrator under subpart GGGGG of this part, § 97.526(d), or § 97.826(d) or (e), or by a State or permitting authority under a SIP revision approved by the Administrator under § 52.38(b)(10), (11), or (12) of this chapter, to emit one ton or less of NOX during a control period of the specified calendar year for which the authorization is allocated or auctioned or of any calendar year thereafter under the CSAPR NOX Ozone Season Group 3 Trading Program.

    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state NOX air pollution control and emission reduction program established in accordance with subpart GGGGG of this part and § 52.38(b)(1), (b)(2)(iii), and (b)(10) through (14) and (17) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(b)(10) or (11) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(b)(12) of this chapter), as a means of mitigating interstate transport of ozone and NOX.

    CSAPR NOX Ozone Season Original Group 2 allowance means a CSAPR NOX Ozone Season Group 2 allowance other than a CSAPR NOX Ozone Season Expanded Group 2 allowance.

    CSAPR SO2 Group 1 Trading Program means a multi-state SO2 air pollution control and emission reduction program established in accordance with subpart CCCCC of this part and § 52.39(a), (b), (d) through (f), and (j) through (l) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.39(d) or (e) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.39(f) of this chapter), as a means of mitigating interstate transport of fine particulates and SO2.

    CSAPR SO2 Group 2 Trading Program means a multi-state SO2 air pollution control and emission reduction program established in accordance with subpart DDDDD of this part and § 52.39(a), (c), (g) through (k), and (m) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.39(g) or (h) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.39(i) of this chapter), as a means of mitigating interstate transport of fine particulates and SO2.

    Designated representative means, for a CSAPR NOX Ozone Season Group 1 source and each CSAPR NOX Ozone Season Group 1 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 this subpart, to represent and legally bind each owner and operator in matters pertaining to the CSAPR NOX Ozone Season Group 1 Trading Program. If the CSAPR NOX Ozone Season Group 1 source is also subject to the Acid Rain Program, CSAPR NOX Annual Trading Program, CSAPR SO2 Group 1 Trading Program, or CSAPR SO2 Group 2 Trading Program, then this natural person shall be the same natural person as the designated representative as defined in the respective program.

    Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:

    (1) In accordance with this subpart; and

    (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.

    Excess emissions means any ton of emissions from the CSAPR NOX Ozone Season Group 1 units at a CSAPR NOX Ozone Season Group 1 source during a control period in a given year that exceeds the CSAPR NOX Ozone Season Group 1 emissions limitation for the source for such control period.

    Fossil fuel means—

    (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or

    (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.504(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

    Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.

    General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.

    Generator means a device that produces electricity.

    Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.

    Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and 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.

    Indian country means “Indian country” as defined in 18 U.S.C. 1151.

    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:

    (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 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.

    Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the 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.

    Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.

    Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) 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 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 (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.

    Natural gas means “natural gas” as defined in § 72.2 of this chapter.

    Newly affected CSAPR NOX Ozone Season Group 1 unit means a unit that was not a CSAPR NOX Ozone Season Group 1 unit when it began operating but that thereafter becomes a CSAPR NOX Ozone Season Group 1 unit.

    Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N2O), reported on an equivalent molecular weight basis as nitrogen dioxide (NO2).

    Operate or operation means, with regard to a unit, to combust fuel.

    Operator means, for a CSAPR NOX Ozone Season Group 1 source or a CSAPR NOX Ozone Season Group 1 unit at a source respectively, any person who operates, controls, or supervises a CSAPR NOX Ozone Season Group 1 unit at the source or the CSAPR NOX Ozone Season Group 1 unit and shall include, but not be limited to, any holding company, utility system, or plant manager of such source or unit.

    Owner means, for a CSAPR NOX Ozone Season Group 1 source or a CSAPR NOX Ozone Season Group 1 unit at a source respectively, any of the following persons:

    (1) Any holder of any portion of the legal or equitable title in a CSAPR NOX Ozone Season Group 1 unit at the source or the CSAPR NOX Ozone Season Group 1 unit;

    (2) Any holder of a leasehold interest in a CSAPR NOX Ozone Season Group 1 unit at the source or the CSAPR NOX Ozone Season Group 1 unit, provided that, 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) on the revenues or income from such CSAPR NOX Ozone Season Group 1 unit; and

    (3) Any purchaser of power from a CSAPR NOX Ozone Season Group 1 unit at the source or the CSAPR NOX Ozone Season Group 1 unit under a life-of-the-unit, firm power contractual arrangement.

    Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit's owners and operators do not expect to return to service in the future.

    Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.

    Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit's maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.

    Receive or receipt of means, when referring to 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 Administrator in the regular course of business.

    Recordation, record, or recorded means, with regard to CSAPR NOX Ozone Season Group 1 allowances, the moving of CSAPR NOX Ozone Season Group 1 allowances by the Administrator into, out of, or between Allowance Management System accounts, for purposes of allocation, auction, transfer, or deduction.

    Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.

    Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).

    Sequential use of energy means:

    (1) The use of reject heat from electricity production in a useful thermal energy application or process; or

    (2) The use of reject heat from a useful thermal energy application or process in electricity production.

    Serial number means, for a CSAPR NOX Ozone Season Group 1 allowance, the unique identification number assigned to each CSAPR NOX Ozone Season Group 1 allowance by the Administrator.

    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.

    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. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.

    State means one of the States that is subject to the CSAPR NOX Ozone Season Group 1 Trading Program pursuant to § 52.38(b)(1), (b)(2)(i), and (b)(3) through (5) and (13) through (15) of this chapter.

    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;

    (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

    Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

    Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:

    LHV = HHV − 10.55 (W + 9H)

    where:

    LHV = lower heating value of the form of energy in Btu/lb,

    HHV = higher heating value of the form of energy in Btu/lb,

    W = weight % of moisture in the form of energy, and

    H = weight % of hydrogen in the form of energy.

    Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.

    Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.

    Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.

    Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.

    Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes 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 on-site emission controls).

    Useful thermal energy means thermal energy that is:

    (1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

    (2) Used in a heating application (e.g., space heating or domestic hot water heating); or

    (3) Used in a space cooling application (i.e., in an absorption chiller).

    Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.

    [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74608, Oct. 26, 2016; 86 FR 23185, Apr. 30, 2021; 88 FR 36898, June 5, 2023; 88 FR 49304, July 31, 2023; 89 FR 87970, Nov. 6, 2024]