S.C. Code Regs. § § 61-62.A.96.2

Current through Register Vol. 48, No. 10, October 25, 2024
Section 61-62.A.96.2 - Definitions

The terms used in this regulation shall have the meanings set forth in this section as follows:

(a) Account certificate of representation means the completed and signed submission required by Subpart B of this regulation 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.
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) Automated data acquisition and handling system or DAHS means that component of the CEMS, or other emissions monitoring system approved for use under Subpart H of this regulation, 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 Subpart H of this regulation.
(f) 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.
(g) CAA means the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Pub. L. No. 101-549 (November 15, 1990).
(h) 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.
(i) 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.
(j) 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 Section 96.5, for a unit that is a NOX Budget unit under Section 96.4 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 Section 96.5, for a unit that is not a NOX Budget unit under Section 96.4 on the date the unit commences commercial operation, the date the unit becomes a NOX Budget unit under Section 96.4 shall be the unit's date of commencement of commercial operation.
(k) 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 Section 96.5, for a unit that is a NOX Budget unit under Section 96.4 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 Section 96.5, for a unit that is not a NOX Budget unit under Section 96.4 on the date of commencement of operation, the date the unit becomes a NOX Budget unit under Section 96.4 shall be the unit's date of commencement of operation.
(l) Common stack means a single flue through which emissions from two or more units are exhausted.
(m) [Reserved]
(n) [Reserved]
(o) Continuous emission monitoring system or CEMS means the equipment required under Subpart H of 40 CFR Part 75 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 Subpart H of this regulation;
(4) A continuous moisture monitor when such monitoring is required by Subpart H of this regulation; and
(5) An automated data acquisition and handling system.
(p) Control period means for the year 2004, the period beginning on May 31 and ending on September 30 of the same year, inclusive. Thereafter, control period shall mean the period beginning May 1 of a year and ending on September 30 of the same year, inclusive.
(q) Department means the South Carolina Department of Health and Environmental Control.
(r) Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the EPA by the NOX authorized account representative and as determined by the EPA in accordance with Subpart H of this regulation.
(s) [Reserved]
(t) EPA means the United States Environmental Protection Agency.
(u) [Reserved]
(v) [Reserved]
(w) Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
(x) Fossil fuel-fired means, with regard to a unit:
(1) For units that commenced operation before January 1, 1996, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than fifty (50) percent of the annual heat input on a Btu basis during 1995, or if a unit had not 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, the combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than fifty (50) percent of the annual heat input on a Btu basis during any year.
(3) Notwithstanding the definition set forth in 96.2(x)(1) above, a unit shall be deemed fossil fuel-fired if on any year after January 1, 2001, the fossil fuel actually combusted comprises more than fifty (50) percent of the annual heat input on a Btu basis.
(y) [Reserved]
(z) Generator means a device that produces electricity.
(aa) 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 EPA by the NOX authorized account representative and as determined by the EPA in accordance with Subpart H of this regulation, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
(bb) 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 thirty (30) years, including contracts that permit an election for early termination; or
(3) For a period equal to or greater than twenty-five (25) years or seventy (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.
(cc) [Reserved]
(dd) 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.
(ee) [Reserved]
(ff) [Reserved]
(gg) Maximum rated hourly heat input means a unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.
(hh) Monitoring system means any monitoring system that meets the requirements of Subpart H of this regulation.
(ii) [Reserved]
(jj) 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 United States Department of Energy standards.
(kk) [Reserved]
(ll) [Reserved]
(mm) [Reserved]
(nn) [Reserved]
(oo) [Reserved]
(pp) [Reserved]
(qq) [Reserved]
(rr) 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 Subpart B of this regulation, to represent and legally bind each owner and operator in matters pertaining to the NOX Budget Program.
(ss) [Reserved]
(tt) [Reserved]
(uu) [Reserved]
(vv) [Reserved]
(ww) NOX Budget source means a source that includes one or more NOX Budget units.
(xx) NOX Budget Program means a multi-state nitrogen oxides air pollution control and emission reduction program established in accordance with this regulation and pursuant to 40 CFR Part 51 Section 51.121, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.
(yy) NOX Budget unit means a unit that is subject to the NOX Budget Program emissions limitation under Section 96.4.
(zz) [Reserved]
(aaa) Operator means any person who operates, controls, or supervises a NOX Budget unit or a NOX Budget source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.
(bbb) [Reserved]
(ccc) [Reserved]
(ddd) Owner means any of the following persons:
(1) Any holder of any portion of the legal or equitable Title in a NOX Budget unit; or
(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; or
(4) [Reserved]
(eee) Ozone season means the period of time beginning May 1 of a year and ending on September 30 of the same year, inclusive.
(fff) [Reserved]
(ggg) Receive or receipt of means, when referring to the Department or the EPA, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the Department or the EPA in the regular course of business.
(hhh) [Reserved]
(iii) [Reserved]
(jjj) [Reserved]
(kkk) 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 Section 502(c) of the CAA, a source, including a source with multiple units, shall be considered a single facility.
(lll) State means the state of South Carolina.
(mmm) [Reserved]
(nnn) 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.
(ooo) [Reserved]
(ppp) [Reserved]
(qqq) [Reserved]
(rrr) Unit means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.
(sss) [Reserved]
(ttt) Unit operating day means a calendar day in which a unit combusts any fuel.
(uuu) Unit operating hour or hour of unit operation means any hour (or fraction of an hour) during which a unit combusts any fuel.
(vvv) [Reserved]

S.C. Code Regs. § 61-62.A.96.2

Added by State Register Volume 43, Issue No. 01, eff. 1/25/2019.