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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 9. Environment
 Agency 5. State Air Pollution Control Board
 Chapter 140. Regulation for Emissions Trading Programs

  Section 20. Definitions  

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  • A. As used in this part, all words or terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.

    B. For the purpose of this part and any related use, the following words or terms shall have the following meanings unless the context clearly indicates otherwise:

    "Account certificate of representation" means the completed and signed submission required by Article 2 (9VAC5-140-100 et seq.) of this part for certifying the designation of a NOx authorized account representative for a NOx Budget source or a group of identified NOx Budget sources who is authorized to represent the owners and operators of such source or sources and of the NOx Budget units at such source or sources with regard to matters under the NOx Budget Trading Program.

    "Account number" means the identification number given by the administrator to each NOx Allowance Tracking System account.

    "Acid rain emissions limitation" means, as defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under Title IV of the CAA.

    "Adjusted trading program budget" means the total number of NOx allowances equal to the state trading program budget set forth in 9VAC5-140-900, less the sum of the NOx emission limitations (in tons) for each unit exempt under 9VAC5-140-40 B that is not allocated any NOx allowances under 9VAC5-140-420 B or C for the control period and whose NOx emission limitation (in tons of NOx) is not included in the amount calculated under 9VAC5-140-420 D 5 b (2) for the control period.

    "Administrator" means the Administrator of the United States Environmental Protection Agency or the administrator's duly authorized representative.

    "Allocate" or "allocation" means the determination by the permitting authority or the administrator of the number of NOx allowances to be initially credited to a NOx Budget unit or an allocation set-aside.

    "Allocation set-aside budget" means the sum of:

    1. For NOx Budget units under 9VAC5-140-40 A 1, the adjusted trading program budget for the control period to which the allocation set-aside applies multiplied by the set-aside percentage, rounded to the nearest whole number of NOx allowances as appropriate.

    2. For NOx Budget units under 9VAC5-140-40 A 2, 1,000 tons per control period.

    "Automated data acquisition and handling system or DAHS" means that component of the CEMS, or other emissions monitoring system approved for use under Article 8 (9VAC5-140-700 et seq.) of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by Article 8 (9VAC5-140-700 et seq.) of this part.

    "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

    "CAA" means the CAA, 42 USC 7401 et seq., as amended by Pub.L. No. 101-549 (November 15, 1990).

    "Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

    "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

    "Commence commercial operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. Except as provided in 9VAC5-140-50, for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in 9VAC5-140-50 or Article 9 (9VAC5-140-800 et seq.) of this part, for a unit that is not a NOx Budget unit under 9VAC5-140-40 on the date the unit commences commercial operation, the date the unit becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's date of commencement of commercial operation.

    "Commence operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber. Except as provided in 9VAC5-140-50, for a unit that is a NOx Budget unit under 9VAC5-140-40 on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in 9VAC5-140-50 or Article 9 (9VAC5-140-800 et seq.) of this part, for a unit that is not a NOx Budget unit under 9VAC5-140-40 on the date of commencement of operation, the date the unit becomes a NOx Budget unit under 9VAC5-140-40 shall be the unit's date of commencement of operation.

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

    "Compliance account" means a NOx Allowance Tracking System account, established by the administrator for a NOx Budget unit under Article 6 (9VAC5-140-500 et seq.) of this part, in which the NOx allowance allocations for the unit are initially recorded and in which are held NOx allowances available for use by the unit for a control period for the purpose of meeting the unit's NOx Budget emissions limitation.

    "Compliance certification" means a submission to the permitting authority or the administrator, as appropriate, that is required under Article 4 (9VAC5-140-300 et seq.) of this part to report a NOx Budget source's or a NOx Budget unit's compliance or noncompliance with this part and that is signed by the NOx authorized account representative in accordance with Article 2 (9VAC5-140-100 et seq.) of this part.

    "Continuous emission monitoring system or CEMS" means the equipment required under Article 8 (9VAC5-140-700 et seq.) of this part to sample, analyze, measure, and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40 CFR Part 75, in a continuous emission monitoring system:

    1. Flow monitor;

    2. Nitrogen oxides pollutant concentration monitors;

    3. Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part;

    4. A continuous moisture monitor when such monitoring is required by Article 8 (9VAC5-140-700 et seq.) of this part; and

    5. An automated data acquisition and handling system.

    "Control period" means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive, except for the calendar year 2004, the period shall begin May 31.

    "Core trading program budget" means the adjusted trading program budget for the control period to which the allocation set-aside applies minus the allocation set-aside budget.

    "Electricity for sale under firm contract to the grid" means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.

    "Emissions" means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part.

    "Energy Information Administration" means the Energy Information Administration of the United States Department of Energy.

    "Excess emissions" means any tonnage of nitrogen oxides emitted by a NOx Budget unit during a control period that exceeds the NOx Budget emissions limitation for the unit.

    "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

    "Fossil fuel-fired" means, with regard to a unit:

    1. For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1995 or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995;

    2. For units that commenced operation on or after January 1, 1996, and before January 1, 1997, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during 1996; or

    3. For units that commence operation on or after January 1, 1997, (i) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50% of the annual heat input on a Btu basis during any year or (ii) the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50% of the annual heat input on a Btu basis during any year, provided that the unit shall be "fossil fuel-fired" as of the date, during such year, on which the unit begins combusting fossil fuel.

    "General account" means a NOx Allowance Tracking System account, established under Article 6 (9VAC5-140-500 et seq.) of this part, that is not a compliance account or an overdraft account.

    "Generator" means a device that produces electricity.

    "Heat input" means the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the administrator by the NOx authorized account representative and as determined by the administrator in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

    "Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, that has been approved in Subpart VV of 40 CFR Part 52 by the administrator under § 110 of the CAA, or promulgated under § 110(c) of the CAA, or promulgated or approved pursuant to regulations promulgated under § 301(d) of the CAA and that implements the relevant requirements of the CAA.

    "Life-of-the-unit, firm power contractual arrangement" means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:

    1. For the life of the unit;

    2. For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

    3. For a period equal to or greater than 25 years or 70% of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

    "Maximum design heat input" means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.

    "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR Part 75 to report heat input, this value should be calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 CFR Part 75, using the maximum potential flowrate and either the maximum carbon dioxide concentration (in percent CO2) or the minimum oxygen concentration (in percent O2).

    "Maximum potential NOx emission rate" means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with section 3 of Appendix F of 40 CFR Part 75, using the maximum potential nitrogen oxides concentration as defined in section 2 of Appendix A of 40 CFR Part 75, and either the maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent CO2), under all operating conditions of the unit except for unit start up, shutdown, and upsets.

    "Maximum rated hourly heat input" means a unit-specific maximum hourly heat input (mmBtu) that is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.

    "Monitoring system" means any monitoring system that meets the requirements of Article 8 (9VAC5-140-700 et seq.) of this part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

    "Most stringent state or federal NOx emissions limitation" means the lowest NOx emissions limitation (in lb/mmBtu) that is applicable to the unit under the Virginia Air Pollution Control Law or federal law, regardless of the averaging period to which the emissions limitation applies. In cases where a unit is subject to a permit that provides for the use of multiple fuels, the primary fuel shall be used as the basis to determine the most stringent state or federal NOx emissions limitation. The primary fuel shall be the fuel designated in the permit as such or as having the greatest throughput.

    "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.

    "New source review program" means a program for the preconstruction review and permitting of new stationary sources or expansions to existing ones in accordance with regulations promulgated to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the CAA.

    "NOx allowance" means a limited authorization by the permitting authority or the administrator under the NOx Budget Trading Program to emit up to one ton of nitrogen oxides during the control period of the specified year or of any year thereafter, except as provided under 9VAC5-140-550 B. No provision of the NOx Budget Trading Program, the NOx Budget permit application, the NOx Budget permit, or an exemption under 9VAC5-140-40 B or 9VAC5-140-50 and no provision of law shall be construed to limit the authority of the United States or the state to terminate or limit such authorization, which does not constitute a property right.

    "NOx allowance deduction" or "deduct NOx allowances" means the permanent withdrawal of NOx allowances by the administrator from a NOx Allowance Tracking System compliance account or overdraft account to account for the number of tons of NOx emissions from a NOx Budget unit for a control period, determined in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, or for any other allowance surrender obligation under this part.

    "NOx Allowance Tracking System" means the system by which the administrator records allocations, deductions, and transfers of NOx allowances under the NOx Budget Trading Program.

    "NOx Allowance Tracking System account" means an account in the NOx Allowance Tracking System established by the administrator for purposes of recording the allocation, holding, transferring, or deducting of NOx allowances.

    "NOx allowance transfer deadline" means midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which NOx allowances may be submitted for recordation in a NOx Budget unit's compliance account, or the overdraft account of the source where the unit is located, in order to meet the unit's NOx Budget emissions limitation for the control period immediately preceding such deadline.

    "NOx allowances held" or "hold NOx allowances" means the NOx allowances recorded by the administrator, or submitted to the administrator for recordation, in accordance with Article 6 (9VAC5-140-500 et seq.) and Article 7 (9VAC5-140-600 et seq.) of this part, in a NOx Allowance Tracking System account.

    "NOx authorized account representative" means, for a NOx Budget source or NOx Budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NOx Budget units at the source, in accordance with Article 2 (9VAC5-140-100 et seq.) of this part, to represent and legally bind each owner and operator in matters pertaining to the NOx Budget Trading Program or, for a general account, the natural person who is authorized, in accordance with Article 6 (9VAC5-140-500 et seq.) of this part, to transfer or otherwise dispose of NOx allowances held in the general account.

    "NOx Budget emissions limitation" means, for a NOx Budget unit, the tonnage equivalent of the NOx allowances available for compliance deduction for the unit under 9VAC5-140-540 A, B, E, and F in a control period, adjusted by any deductions of such NOx allowances to account for actual utilization under 9VAC5-140-420 E for the control period or to account for excess emissions for a prior control period under 9VAC5-140-540 D or to account for withdrawal from the NOx Budget Trading Program, or for a change in regulatory status, of a NOx Budget opt-in source under 9VAC5-140-860 or 9VAC5-140-870.

    "NOx Budget opt-in permit" means a NOx Budget permit covering a NOx Budget opt-in source.

    "NOx Budget opt-in source" means a unit that has applied to become a NOx Budget unit under the NOx Budget Trading Program and whose NOx Budget opt-in permit has been issued and is in effect under Article 9 (9VAC5-140-800 et seq.) of this part.

    "NOx Budget permit" means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under this part, including any permit revisions, specifying the NOx Budget Trading Program requirements applicable to a NOx Budget source, to each NOx Budget unit at the NOx Budget source, and to the owners and operators and the NOx authorized account representative of the NOx Budget source and each NOx Budget unit.

    "NOx Budget source" means a source that includes one or more NOx Budget units.

    "NOx Budget Trading Program" means a multi-state nitrogen oxides air pollution control and emission reduction program established in accordance with this part and approved and administered by the administrator pursuant to 40 CFR 51.121 or established by the administrator pursuant to 40 CFR 52.34 as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.

    "NOx Budget unit" means a unit that is subject to the NOx Budget emissions limitation under 9VAC5-140-40 or 9VAC5-140-800.

    "Operating" means, with regard to a unit under subdivision 4 b of 9VAC5-140-220 and 9VAC5-140-800, having documented heat input for more than 876 hours in the six months immediately preceding the submission of an application for an initial NOx Budget permit under 9VAC5-140-830 A.

    "Operator" means any person who operates, controls, or supervises a NOx Budget unit, a NOx Budget source, or unit for which an application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or withdrawn and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

    "Opt-in" means to be approved to become a NOx Budget unit under the NOx Budget Trading Program through a final, effective NOx Budget opt-in permit under Article 9 (9VAC5-140-800 et seq.) of this part.

    "Overdraft account" means the NOx Allowance Tracking System account, established by the administrator under Article 6 (9VAC5-140-500 et seq.) of this part, for each NOx Budget source where there are two or more NOx Budget units.

    "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 in a unit for which an application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or withdrawn; or

    2. Any holder of a leasehold interest in a NOx Budget unit or in a unit for which an application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or withdrawn; or

    3. Any purchaser of power from a NOx Budget unit or from a unit for which an application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or withdrawn 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 the unit for which an application for a NOx Budget opt-in permit under 9VAC5-140-830 is submitted and not denied or withdrawn; or

    4. With respect to any general account, any person who has an ownership interest with respect to the NOx allowances held in the general account and who is subject to the binding agreement for the NOx authorized account representative to represent that person's ownership interest with respect to NOx allowances.

    "Permitting authority" means the State Air Pollution Control Board.

    "Receive" or "receipt of" means, when referring to the permitting authority or the administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the administrator in the regular course of business.

    "Recordation," "record," or "recorded" means, with regard to NOx allowances, the movement of NOx allowances by the administrator from one NOx Allowance Tracking System account to another, for purposes of allocation, transfer, or deduction.

    "Reference method" means any direct test method of sampling and analyzing for an air pollutant as specified in Appendix A of 40 CFR Part 60.

    "Serial number" means, when referring to NOx allowances, the unique identification number assigned to each NOx allowance by the administrator under 9VAC5-140-530 F.

    "Set-aside percentage" means 5.0% for each of the years 2004 through 2008 or 2.0% for the year 2009 and each year thereafter.

    "Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the CAA. For purposes of § 502(c) of the CAA, a "source," including a "source" with multiple units, shall be considered a single "facility."

    "State" means the Commonwealth of Virginia. The term "state" shall have its conventional meaning where such meaning is clear from the context.

    "State operating permit" means a permit issued under Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.

    "State operating permit regulations" means the regulations codified in Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5 Chapter 80.

    "State trading program budget" means the total number of NOx tons set forth in 9VAC5-140-900 and apportioned to all NOx Budget units in accordance with the NOx Budget Trading Program for use in a given control period.

    "Submit or serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

    1. In person;

    2. By United States Postal Service; or

    3. By other means of dispatch or transmission and delivery. Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

    "Title V operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80.

    "Title V operating permit regulations" means the regulations codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of 9VAC5 Chapter 80.

    "Ton" or "tonnage" means any "short ton" (i.e., 2,000 pounds). For the purpose of determining compliance with the NOx Budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with Article 8 (9VAC5-140-700 et seq.) of this part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.

    "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

    "Unit load" means the total (i.e., gross) output of a unit in any control period (or other specified time period) produced by combusting a given heat input of fuel, expressed in terms of:

    1. The total electrical generation (MWe) produced by the unit, including generation for use within the plant; or

    2. In the case of a unit that uses heat input for purposes other than electrical generation, the total steam pressure (psia) produced by the unit, including steam for use by the unit.

    "Unit operating day" means a calendar day in which a unit combusts any fuel.

    "Unit operating hour" or "hour of unit operation" means any hour (or fraction of an hour) during which a unit combusts any fuel.

    "Utilization" means the heat input (expressed in mmBtu/time) for a unit. The unit's total heat input for the control period in each year shall be determined in accordance with 40 CFR Part 75 if the NOx Budget unit was otherwise subject to the requirements of 40 CFR Part 75 for the year, or shall be based on the best available data reported to the administrator for the unit if the unit was not otherwise subject to the requirements of 40 CFR Part 75 for the year.

Historical Notes

Derived from Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.