326 Ind. Admin. Code 10-2-2

Current through December 4, 2024

Section 326 IAC 10-2-2 - Definitions

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-11-2; IC 13-15; IC 13-17

Sec. 2.

(a) For purposes of complying with the requirements of this rule, the definitions in this rule and 40 CFR 72.2 * apply and take precedence in any conflict between these definitions and 326 IAC 1-2.

(b) The term "affected unit" in 40 CFR 75* is replaced by the term "large affected unit" as defined in this section.

(c) In addition to the definitions in IC 13-11-2, 326 IAC 1-2, and 40 CFR 72.2 *, the following definitions apply throughout this rule:

(1) "Boiler" means an enclosed combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(2) "Cogeneration unit" means a unit that has equipment used to produce electric energy and forms of useful thermal energy (such as heat or steam) for industrial, commercial, heating, or cooling purposes, through the sequential use of energy, where "sequential use of energy" means the use of reject heat from:

(A) electricity production in a useful thermal energy application or process; or

(B) a useful thermal energy application or process in electricity production.

(3) "Combined cycle system" means a system comprised of one (1) or more combustion turbines, heat recovery steam generators, and steam turbines, configured to improve overall efficiency of electricity generation or steam production.

(4) "Combustion turbine" means:

(A) an enclosed device comprising a compressor, a combustor, and a turbine, in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(B) any associated duct burner, heat recovery steam generator and steam turbine, if the enclosed device under clause (A) is combined cycle.

(5) "Commencing commercial operation" means, with regards 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, subject to the following:

(A) For a unit that is a large affected unit, on the date the unit commences commercial operation, the date remains the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered.

(B) For a unit that is not a large affected unit, on the date the unit commences commercial operation, the date that the unit becomes a large affected unit, as defined under subdivision 11, is the unit's date of commencement of commercial operation.

(C) Except as provided in clauses (A) and (B), for a unit not serving a generator producing electricity for sale, the unit's date of commencement of operation is the unit's date of commencement of commercial operation.

(6) "Commencing operation" means the following:

(A) A unit commences operation on either the date:

(i) of commencement of any mechanical, chemical, or electronic process, including start-up of a unit's combustion chamber; or

(ii) a unit meets the applicability criteria in section 1 of this rule, if the unit was in operation prior to the date on which it met the applicability criteria in section 1 of this rule.

(B) A unit that undergoes a physical change after the date the unit commences operation, other than replacement of the unit by a unit at the same source, retains the unit's date of commencement of operation, and is treated as the same unit.

(C) A unit that is replaced by a unit at the same source, such as repowered, after the date the unit commences operation retains the replaced unit's date of commencement, and the replacement unit is treated as a separate unit with a separate date for commencement of operation.

(7) "Designated representative" means the person who is authorized by the owner or operator of the unit to represent and legally bind the owner or operator in matters pertaining to this rule, following the procedures for authorization and the responsibilities of the designated representative in 40 CFR 72, Subpart B*, including the authorization of an alternate designated representative.

(8) "Fossil fuel" means natural gas, petroleum, coal, or any solid, liquid, or gaseous fuel derived from these materials.

(9) "Fossil fuel-fired" means the following:

(A) Except as provided in clause (B), the combustion of fossil fuel, alone or in combination with any other fuel, under any of the following scenarios:

(i) The fossil fuel actually combusted comprises more than fifty percent (50%) of the annual heat input on a British thermal unit (Btu) basis during any year starting in 1995. If a unit had no heat input in 1995, then during the last year of operation of the unit prior to 1995.

(ii) The fossil fuel is projected to comprise more than fifty percent (50%) of the annual heat input on a Btu basis during any year, provided that the unit is fossil fuel-fired as of the date during the year that the unit begins combusting fossil fuel.

(B) For the purposes of determining applicability in section 1(b)(3) and 1(b)(4) of this rule, combusting any amount of fossil fuel in any calendar year.

(10) "Heat input" means the product, expressed in Btu per unit of time (Btu/hr), of the following:

(A) The gross calorific value of the fuel, expressed in Btu per pound (Btu/lb).

(B) The fuel feed rate into a combustion device, expressed in mass of fuel per unit of time (lb/hr), as measured, recorded, and reported in accordance with 40 CFR 75, Subpart H*.

Heat input does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

(11) "Large affected unit" means a unit that meets the applicability criteria in section 1 of this rule.

(12) "Maximum design heat input" means the maximum amount of fuel per hour, in million British thermal units per hour (MMBtu/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.

(13) "Nameplate capacity" means the maximum electrical generating output, expressed in megawatt electrical (MWe) output, 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.

(14) "Operator" means any person who operates, controls, or supervises the operation of a unit, including any holding company, utility system, or plant manager of the unit.

(15) "Owner" means any of the following persons:

(A) The holder of:

(i) any portion of the legal or equitable title; or

(ii) a leasehold interest;

in a unit.

(B) Any purchaser of power from a unit under a life-of-the-unit, firm power contractual arrangement, except that, unless expressly provided for in a leasehold agreement, owner does not include a passive lessor, or a person who has an equitable interest through the lessor, whose rental payments are not based, either directly or indirectly, on the revenues or income from the large affected unit.

(16) "Ozone control period" means the inclusive period:

(A) beginning either:

(i) May 1 of a calendar year; or

(ii) on the deadline for meeting the unit's monitor certification requirements under section 4(a) of this rule; and

(B) ending on September 30 of the same year.

(17) "Potential electrical output capacity" means thirty-three percent (33%) of a unit's maximum design heat input.

(18) "Replacement", "replace", or "replaced" means the demolition of, or the permanent shutdown and permanent disabling of, a unit, and the construction of another unit, to be used instead of the demolished or shutdown unit.

(19) "Repowered" means replacement of a coal-fired boiler with one (1) of the following coal-fired technologies at the same source as the coal-fired boiler:

(A) Atmospheric or pressurized fluidized bed combustion.

(B) Integrated gasification combined cycle.

(C) Magnetohydrodynamics.

(D) Direct and indirect coal-fired turbines.

(E) Integrated gasification fuel cells.

(F) As determined by U.S. EPA in consultation with the Secretary of Energy, a derivative of one (1) or more of the technologies under clauses (A) through (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.

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

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

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

326 IAC 10-2-2

Air Pollution Control Division; 326 IAC 10-2-2; filed Jul 27, 2018, 2:25 p.m.: 20180822-IR-326150414FRA

Readopted filed 10/18/2024, 2:09 p.m.: 20241113-IR-326230809RFA