N.J. Admin. Code § 7:27C-1.2
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. For additional definitions related to CO[2] emissions offset projects, see N.J.A.C. 7:27C-10.2.
"Account number" means the identification number given by the Department to each COATS account.
"Acid rain emissions limitation" means, as that term is defined at 40 CFR 72.2, incorporated herein by reference, as amended and supplemented, a limitation on emissions of SO[2] or NO[x] under the Acid Rain Program under Title IV of the Clean Air Act.
"Acid Rain Program" means a multistate SO[2] and NO[x] air pollution control and emission reduction program established by the Administrator under Title IV of the Clean Air Act, 42 U.S.C. §§ 7651 et seq., and 40 CFR Parts 72 through 78.
"Adjustment for banked allowances" means an adjustment applied to the New Jersey CO[2] Budget Trading Program base budget for a particular allocation year (or years) to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO[2] Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO[2] Budget sources in all of the participating states at the end of the control period immediately preceding the allocation year, and as reflected in COATS on March 15, of the year following the control period.
"Administrator" means the Administrator of the EPA or his or her authorized representative.
"Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors, or gases.
"Allocate" or "allocation" means the determination by the Department of the number of CO[2] allowances to be recorded in the compliance account of a CO[2] Budget source, the fixed price contract set-aside account, the cogeneration set-aside account, or any general account, including the consumer benefit account, and a project sponsor's general account.
"Allocation year" means a calendar year for which the Department allocates or awards CO[2] allowances pursuant to N.J.A.C. 7:27C-5 and 10. The allocation year of each CO[2] allowance is reflected in the unique identification number given to the allowance pursuant to N.J.A.C. 7:27C-6.8(c) or (d).
"Alternate CO[2] authorized account representative" or "alternate account representative" means:
1. For a CO[2] Budget source and each CO[2] Budget unit at the source, the alternate natural person who is authorized by the owners and operators of the source and all CO[2] Budget units at the source, in accordance with N.J.A.C. 7:27C-2, to represent and legally bind each owner and operator in matters pertaining to the CO[2] Budget Trading Program; or
2. For a general account, the alternate natural person who is authorized, under N.J.A.C. 7:27C-6 to transfer or otherwise dispose of CO[2] allowances held in the general account.
"Ascending price, multiple-round auction" means a multiple-round auction that starts with an opening price that increases each round by predetermined increments. In each round, a bidder offers the quantity of CO[2] allowances the bidder is willing to purchase at the posted price. Rounds continue as long as demand exceeds the quantity of CO[2] allowances offered for sale. At the completion of the final round, CO[2] allowances will be allocated as follows:
1. At the final price to remaining bidders. Unsold CO[2] allowances to be withheld for a future auction;
2. At the penultimate price, first to final round bidders and then to bidders in the penultimate round in chronological order of bid during the penultimate round for all remaining allowances; or
3. According to an alternative mechanism designed to effectuate the objectives of this chapter.
"Attribute" means a characteristic associated with electricity generated using a particular renewable fuel, such as its generation date, facility geographic location, unit vintage, emissions output, fuel, state program eligibility, or other characteristic that can be identified, accounted for, and tracked.
"Attribute credit" means a credit that represents the attributes related to one megawatt-hour of electricity generation.
"Automated data acquisition and handling system" or "DAHS" means that component of the continuous emissions monitoring system (CEMS), or other emissions monitoring system approved for use under N.J.A.C. 7:27C-8, 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 N.J.A.C. 7:27C-8.
"Award" means the determination by the Department of the number of CO[2] offset allowances to be recorded in the general account of a project sponsor pursuant to N.J.A.C. 7:27C-10.9. In this sense, an award is a type of allocation. Award also means the allocation of CO[2] allowances to a winning bidder at a CO[2] allowance auction.
"Beneficial interest" means profit, benefit, or advantage resulting from the ownership of a COallowance.
"Bidder" means a qualified participant who has met the requirements of N.J.A.C. 7:27C-11.6, 11.7, and 11.8 and has been determined by the Department to be eligible to participate in a specified CO[2] allowance auction pursuant to N.J.A.C. 7:27C-11.8.
"Billing meter" means the device used to measure electric or thermal output for commercial billing under a contract between the owner or owners of the facility selling the electric or thermal output and the owner or owners of the entity purchasing the electric or thermal output, where NO[x] owner of either the seller or the buyer is also an owner of the other party.
"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.
"British thermal unit" or "Btu" means the quantity of heat required to raise the temperature of one pound of water by one degree Fahrenheit, at the temperature at which water has its greatest density (approximately 39 degrees Fahrenheit).
"Certified dispatch agreement facility" means a CO[2] Budget source that is eligible to receive a fixed price sale offer of CO[2] allowances from the Department pursuant to N.J.A.C. 7:27C-5.5(b).
"CH[4]" means methane.
"CO[2]" means carbon dioxide.
"CO[2] allowance" means a limited authorization by the Department, or a participating state, under the CO[2] Budget Trading Program to emit up to one ton of CO, subject to all applicable limitations contained in this chapter.
"CO[2] allowance auction" or "auction" means the sale of CO[2] allowances through competitive bidding as administered in accordance with N.J.A.C. 7:27C-11.
"CO[2] allowance auction website" means the website established by the Department that contains information about CO[2] allowance auctions, at http://www.state.nj.us/dep/aqes/rggi.html.
"CO[2] allowance deduction" or "deduct CO[2] allowances" means the permanent withdrawal of CO[2] allowances by the Department from a compliance account to account for the number of tons of CO[2] emitted from a CO[2] Budget source for a control period, the initial control period, or an interim control period, determined in accordance with N.J.A.C. 7:27C-8, or for the forfeit or retirement of CO[2] allowances as provided by this chapter.
"CO[2] allowance price" means the price for CO[2] allowances in the CO[2] Budget Trading Program for a particular time period as determined by the Department, calculated based on a volume-weighted average of transaction prices reported to the Department, and taking into account prices as reported publicly through reputable sources.
"CO[2] allowance tracking system" or "COATS" means the system by which the Department records allocations, deductions, and transfers of CO[2] allowances under the CO[2] Budget Trading Program. The tracking system may also be used to track COoffset allowances, CO[2] allowance prices, and emissions from affected sources.
"CO[2] allowance tracking system account" or "COATS account" means an account in the CO[2] allowance tracking system established by the Department for purposes of recording the allocation, holding, transfer, or deduction of CO[2] allowances.
"CO[2] allowance transfer deadline" means midnight of the March 1 occurring after the end of the relevant control period, the initial control period, and each relevant interim control period, or, if that March 1 is not a business day, midnight of the first business day thereafter; and also means the deadline by which CO[2] allowances shall be submitted for recording in a CO[2] Budget source's compliance account in order for the source to meet the CO[2] requirements of N.J.A.C. 7:27C-1.4for the control period, the initial control period, and each interim control period immediately preceding such deadline.
"CO[2] allowances held" or "held CO[2] allowances" means the CO[2] allowances recorded by the Department, or submitted to the Department for recording, in accordance with N.J.A.C. 7:27C-6 and 7, in a COATS account.
"CO[2] authorized account representative" or "account representative" means the following, and, except in those cases where it would be redundant, also means the alternate CO[2] authorized account representative:
1. For a CO[2] Budget source and each CO[2] Budget unit at the source, the natural person who is authorized by the owners and operators of the source and all CO[2] Budget units at the source, in accordance with N.J.A.C. 7:27C-2, to represent and legally bind each owner and operator in matters pertaining to the CO[2] Budget Trading Program; or
2. For a general account, the natural person who is authorized under N.J.A.C. 7:27C-6 to transfer or otherwise dispose of CO[2] allowances held in the general account.
"CO[2] Budget emissions limitation" means, for a CO[2] Budget source, the tonnage equivalent, in CO[2] emissions in a control period, the initial control period, or an interim control period, of the CO[2] allowances available for compliance deduction for the source for the control period, the initial control period, or the interim control period.
"CO[2] Budget source" means a facility that includes one or more CO[2] Budget units.
"CO[2] Budget Trading Program" means a multistate CO[2] air pollution control and emissions reduction program established pursuant to this chapter and corresponding rules and regulations in other participating states as a means of reducing emissions of CO[2] from CO[2] Budget sources.
"CO[2] Budget unit" means a fossil fuel-fired unit that, at any time on or after January 1, 2005, served or serves an electricity generator with a nameplate capacity equal to or greater than 25 MWe.
"CO[2] cost containment reserve allowance" or "CCR allowance" means a CO[2] allowance that the Department offers for sale at an auction for the purpose of containing the cost of CO[2] allowances. CCR allowances offered for sale at an auction are separate from, and in addition to, CO[2] allowances allocated from the New Jersey CO[2] Budget Trading Program base and adjusted budgets. CCR allowances are subject to all applicable limitations contained in this chapter.
"CO[2] cost containment reserve trigger price" or "CCR trigger price" means the minimum price at which the Department offers CCR allowances for sale at an auction. The CCR trigger price for calendar year 2020 will be $ 10.77 per CO[2] allowance. The CCR trigger price in calendar year 2021 will be $ 13.00. Each calendar year thereafter, the CCR trigger price will be the CCR trigger price from the previous calendar year, multiplied by 1.07 and rounded to the nearest whole cent, as shown in Table 1 below.
| Table 1. CCR Trigger Price | ||||||||||
| 2020 | 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | 2028 | 2029 | 2030 |
| $ 10.77 | $ 13.00 | $ 13.91 | $ 14.88 | $ 15.92 | $ 17.03 | $ 18.22 | $ 19.50 | $ 20.87 | $ 22.33 | $ 23.89 |
"CO[2] emissions containment reserve allowance" or "ECR allowance" means a CO[2] allowance that the Department withholds from sale at an auction for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.
"CO[2] emissions containment reserve trigger price" or "ECR trigger price" means the price below which the Department will withhold CO[2] allowances from sale at an auction. The ECR trigger price in calendar year 2021 will be $ 6.00. Each calendar year thereafter, the ECR trigger price will be 1.07 multiplied by the ECR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 2.
| Table 2. ECR Trigger Price | |||||||||
| 2021 | 2022 | 2023 | 2024 | 2025 | 2026 | 2027 | 2028 | 2029 | 2030 |
| $ 6.00 | $ 6.42 | $ 6.87 | $ 7.35 | $ 7.86 | $ 8.41 | $ 9.00 | $ 9.63 | $ 10.30 | $ 11.02 |
"CO[2] equivalent" means the quantity of a given greenhouse gas multiplied by its global warming potential (GWP).
"CO[2] offset allowance" means a CO[2] allowance that is awarded to a project sponsor pursuant to N.J.A.C. 7:27C-10.9 and is subject to the relevant compliance deduction limitations of N.J.A.C. 7:27C-6.9(a)3.
"Cogeneration set-aside account" means a general account established by the Department for the allocation of allowances for retirement in an amount equal to the adjustment of the compliance obligation of a cogeneration unit pursuant to N.J.A.C. 7:27C-5.3.
"Cogeneration unit" means an electric-generating unit that uses a steam-generating unit or stationary combustion turbine to simultaneously produce both electric (or mechanical) and useful thermal energy from the same primary energy facility.
"Combined cycle system" means a system comprised of one or more of each of the following configured to improve overall efficiency of electricity generation or steam production:
1. Combustion turbine;
2. Heat recovery steam generator; and
3. Steam turbine.
"Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor (if applicable), 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 begin to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. For a unit that is a CO[2] Budget unit 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. For a unit that is not a CO[2] Budget unit on the date the unit commences commercial operation, the date the unit becomes a CO[2] Budget unit shall be the unit's date of commencement of commercial operation, even if the unit is subsequently modified, reconstructed, or repowered.
"Commence operation" means to begin any mechanical, chemical, or electronic process including, with regard to a unit, start-up of a unit's combustion chamber. For a unit that is a CO[2] Budget unit 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. For a unit that is not a CO[2] Budget unit on the date of commencement of operation, the date the unit becomes a CO[2] Budget unit shall be the unit's date of commencement of operation, even if the unit is subsequently modified, reconstructed, or repowered.
"Compliance account" means a COATS account, established by the Department for a CO[2] Budget source under N.J.A.C. 7:27C-6, in which the CO[2] allowance allocations for the source are initially recorded and in which are held CO[2] allowances available for use by the source for a control period, the initial control
period, or an interim control period for the purpose of meeting the CO[2] requirements of N.J.A.C. 7:27C-1.4.
"Compliance obligation" means the number of CO[2] allowances required to account for the number of tons of CO[2] emitted from a CO[2] Budget source for a control period, the initial control period, or an interim control period, determined in accordance with N.J.A.C. 7:27C-8 before any adjustment pursuant to N.J.A.C. 7:27C-5.3.
"Consumer benefit account" means the general account established by the Department from which CO[2] allowances will be sold or auctioned.
"Continuous emissions monitoring system" or "CEMS" means the equipment required under N.J.A.C. 7:27C-8 to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system), a permanent record of stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with 40 CFR Part 75 and N.J.A.C. 7:27C-8. The following are examples of the types of CEMS that may be used to comply with N.J.A.C. 7:27C-8:
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 NO[x] emissions rate (or NO-diluent) monitoring system, consisting of a NO[x] pollutant concentration monitor, a diluent gas (CO[2] or O) monitor, and an automated data acquisition and handling system, that provides a permanent, continuous record of NO[x] concentration, in parts per million (ppm), diluent gas concentration, in percent CO[2] or O, and NO[x] emissions rate, in pounds per million British thermal units (lb/MMBtu);
3. A moisture-monitoring system, as defined in 40 CFR 75.11(b)(2), which is incorporated herein by reference, as amended and supplemented, that provides a permanent, continuous record of the stack gas moisture content, in percent HO;
4. A CO-monitoring system, consisting of a CO[2] pollutant concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the CO[2] concentration is derived) and an automated data acquisition and handling system, that provides a permanent, continuous record of CO[2] emissions, in percent CO; and
5. An O-monitoring system, consisting of an O concentration monitor and an automated data acquisition and handling system, that provides a permanent, continuous record of O, in percent O.
"Control period" means a three-calendar-year period. The fifth control period, which is the first control period in which New Jersey will again participate in RGGI, is from January 1, 2021, through December 31, 2023, inclusive. Each subsequent sequential three-calendar-year period is a separate control period.
"Cross State Air Pollution Rule (CSAPR) NO[x] Annual Trading Program" means a multistate NO[x] air pollution control and emission reduction program established in accordance with 40 CFR Part 97, subpart AAAAA and 40 CFR 52.38(a) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.38(a)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.38(a)(5)), as a means of mitigating interstate transport of fine particulates and NO.
"Cross State Air Pollution Rule (CSAPR) NO[x] Ozone Season Trading Program" means a multistate NO[x] air pollution control and emission reduction program established in accordance with 40 CFR Part 97, subpart BBBBB and 40 CFR 52.38(b) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.38(b)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.38(b)(5)), as a means of mitigating interstate transport of ozone and NO.
"Cross State Air Pollution Rule (CSAPR) SO[2] Group 1 Trading Program" means a multistate SO[2] air pollution control and emission reduction program established in accordance with 40 CFR Part 97, subpart CCCCC and 40 CFR 52.39(a), (b), (d), (e), (f), (j), and (k) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.39(d) or (e) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.39(f)), as a means of mitigating interstate transport of fine particulates and SO.
"Cross State Air Pollution Rule (CSAPR) SO[2] Group 2 Trading Program" means a multi-state SO[2] air pollution control and emission reduction program established in accordance with 40 CFR Part 97, subpart DDDDD and 40 CFR 52.39(a), (c), and (g) through (k) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.39(g) or (h) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.39(i)), as a means of mitigating interstate transport of fine particulates and SO.
"Department" means the New Jersey Department of Environmental Protection. When used in N.J.A.C. 7:27C-11, "Department" also means the agent, if any, to which the Department delegates implementation and administrative support functions for a CO[2] allowance auction pursuant to N.J.A.C. 7:27C-11.1(b).
"Descending price, multiple -round auction" means a multiple-round auction that starts with a high provisional price, which falls in each round by predetermined increments. In each round, a bidder can lock in the purchase of some number of COallowances at the current provisional price and/or wait for the price to fall. Rounds continue SO[2] long as the number of CO[2] allowances locked-in is less than the quantity of CO[2] allowances offered for sale.
"Discriminatory price, sealed-bid auction" means a single-round, sealed-bid auction in which a bidder may submit multiple bids for CO[2] allowances at different prices. The price(s) paid by winning bidders with the highest bids for CO[2] allowances is their own bid price(s).
"Dispatch agreement facility" means a CO[2] Budget source that meets the criteria at N.J.A.C. 7:27C-55(b).
"Distillates of air" means helium (He), nitrogen (N), oxygen (O), neon (Ne), argon (Ar), krypton (Kr), and xenon (Xe).
"Electronic submission agent" means a natural person to whom the CO[2] authorized account representative, or his or her alternate, has delegated the authority to make an electronic submission to the Department on his or her behalf, as further described at N.J.A.C. 7:27C-2.6 and 6.7.
"Eligible biomass" means the following sustainably harvested woody and herbaceous fuel sources, that are available on a renewable or recurring basis (excluding old-growth timber): dedicated energy crops and trees, agricultural food residues and feed crop residues, aquatic plants, unadulterated wood and wood residues, animal wastes, other clean organic wastes not mixed with other solid wastes, biogas, and other neat liquid biofuels derived from such fuel sources. Whether a fuel source is sustainably harvested will be determined by the Department based on an evaluation of the environmental sustainability of harvesting practices applicable to the biomass feedstock, taking into consideration pest management, fertilizer and nutrient use, crop rotation practices, water use and pollution management, soil management, and forest management.
"EPA" means the United States Environmental Protection Agency.
"Excess emissions" means the tonnage of CO[2] emitted by a CO[2] Budget source during a control period or the initial control period that exceeds the CO[2] Budget emissions limitation for the source.
"Excess interim emissions" means 50 percent of the tonnage of CO[2] emitted by a CO[2] Budget source during an interim control period that exceeds the CO[2] Budget emissions limitation for the source.
"Facility" means the combination of all structures, buildings, equipment, control apparatus, storage tanks, source operations, and other operations that are located on a single site or on contiguous or adjacent sites and that are under common control of the same person or persons.
"Facility code" means a five-digit code assigned by the Energy Information Agency at the United States Department of Energy to a power plant that is not owned by an electric utility.
"Fixed price contract set-aside account" means a general account established by the Department for the allocation of allowances for direct sale pursuant to N.J.A.C. 7:27C-5.5.
"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
"Fossil fuel-fired" means:
1. With regard to a unit that commenced operation prior to January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 50 percent of the annual heat input on a Btu basis during any year; and
2. With regard to a unit that commenced or commences operation on or after January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than five percent of the annual heat input on a Btu basis during any year.
"General account" means a COATS account established by the Department under N.J.A.C. 7:27C-6, other than a compliance account. A general account can be used for the receipt, transfer, and banking of CO[2] allowances in COATS, but cannot be used for a CO[2] allowance compliance deduction.
"Global warming potential" or "GWP" means a measure of the radiative efficiency (heat-absorbing ability) of a particular gas relative to that of CO[2] after taking into account the decay rate of each gas (the amount removed from the atmosphere over a given number of years) relative to that of CO. Global warming potentials used in this chapter are consistent with the values used in the Intergovernmental Panel on Climate Change, Fifth Assessment Report.
"Gross generation" means the electrical output (in MWe) at the terminals of a generator.
"Initial control period" means the calendar-year period from January 1, 2020, through December 31, 2020, inclusive, which is the third year of the fourth control period and the initial year of New Jersey's participation in the CO[2] Budget Trading Program.
"Interim control period" means the calendar-year period, during each of the first and second calendar years of each control period. The first interim control period is from January 1, 2021 through December 31, 2021, inclusive. The second interim control period is from January 1, 2022 through December 31, 2022, inclusive. Each successive three-year control period will have two interim control periods, comprised of each of the first two calendar years of that control period.
"Hr" means hour.
"Lb" means pound.
"Life -of-the-unit contractual arrangement" means a unit participation power sales agreement under which a customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and/or associated energy from any specified unit pursuant to a contract for:
1. The life of the unit;
2. A cumulative term of NO[x] less than 30 years, including a contract that permits an election for early termination; or
3. A period equal to or greater 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 potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If 40 CFR Part 75 Appendix D is used to report a unit's heat input, this is the value calculated, in accordance with 40 CFR Part 75, using the maximum fuel flow rate and the maximum gross calorific value. If a flow monitor and a diluent gas monitor are used for the unit, this is the value reported, in accordance with 40 CFR Part 75, using the maximum potential flowrate and either the maximum CO[2] concentration (in percent CO) or the minimum O concentration (in percent O).
"Minimum reserve price" means, for calendar year 2020, $ 2.32. Each calendar year thereafter, the minimum reserve price will be the minimum reserve price from the previous calendar year, multiplied by 1.025 and rounded to the nearest whole cent.
"Monitoring system" means any monitoring system that meets the requirements of N.J.A.C. 7:27C-8, including a CEMS, an excepted monitoring system, or an alternative monitoring system.
"MMBtu" means million Btu.
"MWe" means megawatt electrical.
"MWh" means megawatt hours.
"Nameplate capacity" means the maximum electrical output in MWe that a generator can sustain over a specified period of time, under specific conditions designated by the manufacturer, when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.
"Net electric output" means the gross amount of electricity generation a generator produces (including, but not limited to, output from steam turbines, combustion turbines, and gas expanders), as measured at the generator terminals, less the electricity used to operate the plant (that is, auxiliary loads); such uses include fuel-handling equipment, pumps, fans, pollution control equipment, other electricity needs, and transformer losses as measured at the transmission side of the step-up transformer (for example, the point of sale).
"New Jersey CO[2] Budget Trading Program adjusted budget" means the annual amount of CO[2] tons available in New Jersey for allocation in a given allocation year, in accordance with the CO[2] Budget Trading Program, determined in accordance with N.J.A.C. 7:27C-5. CO[2] offset allowances allocated to project sponsors and CCR allowances offered for sale at an auction are separate from and in addition to CO[2] allowances allocated from the New Jersey CO[2] Budget Trading Program adjusted budget.
"New Jersey CO[2] Budget Trading Program base budget" means the annual number of CO[2] tons available in New Jersey for allocation in a given allocation year, in accordance with the CO[2] Budget Trading Program and as specified at N.J.A.C. 7:27C-5.1. CO[2] offset allowances awarded to project sponsors and CCR allowances offered for sale at an auction are separate from and in addition to CO[2] allowances allocated from the New Jersey CO[2] Budget Trading Program base budget.
"New York Independent System Operator" or "NYISO" means the not-for-profit corporation, or any successor organization, responsible for operating New York State's bulk electricity grid, administering New
York State's competitive wholesale electricity markets, and conducting comprehensive long-term planning for New York State's electric power system serving New York State. NYISO[2] is the Federally designated electric bulk system operator in New York State.
"Non-CO[2] Budget unit" means a unit that does not meet the definition of "CO[2] Budget unit."
"Notice of CO[2] allowance auction" means the notification for a specific auction or auctions issued pursuant to N.J.A.C. 7:27C-11.5.
"NO" means nitrogen oxides.
"O" means oxygen.
"Operator" means any person who operates, controls, or supervises a CO[2] Budget unit or a CO[2] Budget source and includes, but is not limited to, any holding company, utility system, or plant manager of such a unit or source.
"ORIS code" means a number assigned by the Energy Information Agency at the United States Department of Energy to power plants owned by electric utilities.
"Owner" means any of the following:
1. The holder of any portion of the legal or equitable title in a CO[2] Budget unit or a CO[2] Budget source;
2. The holder of a leasehold interest in a CO[2] Budget unit or CO[2] Budget source. This does 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 CO[2] Budget unit;
3. The purchaser of power from a CO[2] Budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the unit; or
4. With respect to any general account, any person who has an ownership interest with respect to the CO[2] allowances held in the general account and who is subject to the binding agreement for the CO[2] authorized account representative to represent that person's ownership interest with respect to the CO[2] allowances.
"Participating state" means a state or jurisdiction that has adopted corresponding rules, regulations, or statutes as part of the CO[2] Budget Trading Program.
"Person" means any individual or entity and includes, without limitation, corporations, companies, associations, societies, firms, partnerships, and joint stock companies, and shall also include, without limitation, all political subdivisions of this State or any agencies or instrumentalities thereof.
"PJM Interconnection, LLC" or "PJM" means the regional transmission organization, or its successor, that coordinates the movement of wholesale electricity in all or parts of Delaware, Illinois, Indiana, Kentucky,
Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and the District of Columbia.
"Qualified participant" means a person who has submitted a qualification application pursuant to N.J.A.C. 7:27C-11.8(a) and that the Department determines to be qualified to participate in CO[2] allowance auctions pursuant to N.J.A.C. 7:27C-11.8(e).
"Receive" or "receipt of" means, when referring to the Department, 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 in the regular course of business.
"Recording, record, or recorded" means, with regard to CO[2] allowances, the movement of CO[2] allowances by the Department from one COATS account to another, for purposes of allocation, transfer, or deduction.
"Reserve price" means the minimum acceptable price for each CO[2] allowance offered for sale in a specific CO[2] allowance auction. The reserve price at an auction is either the minimum reserve price, as defined in this section, or the CCR trigger price, as specified in Table 1 in the definition of "CO[2] cost containment reserve trigger price" and N.J.A.C. 7:27C-9. In NO[x] event will the reserve price be lower than the minimum reserve price.
"Reviewer" means a natural person to whom the CO[2] authorized account representative or his or her alternate has delegated the authority to review information in COATS on his or her behalf, as further described at N.J.A.C. 7:27C-2.6
"Serial number" means, when referring to CO[2] allowances, the unique identification number assigned to each CO[2] allowance by the Department under N.J.A.C. 7:27C-68(c) and (d).
"Set-aside account" is a general account established by the Department into which allowances can be allocated for direct sale to certified dispatch agreement facilities with fixed-price contracts pursuant to N.J.A.C. 7:27C-5.5 or to be retired for the compliance obligation adjustment of a cogeneration unit pursuant to N.J.A.C. 7:27C-5.3.
"Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits, or has the potential to emit, any air contaminant. A source, including a source with multiple units, is considered a single facility.
"SO" means sulfur dioxide.
"State" when spelled with a lower case "s" (as in "state") means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and includes the Commonwealth of the Northern Mariana Islands. "State" when spelled with an upper case "S" (as in "State") means New Jersey.
"Submit" or "serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable rules or regulations in the manner described in 1 through 3 below. 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.
1. In person;
2. By United States Postal Service; or
3. By other commonly accepted means of dispatch or transmission and delivery.
"Third adjustment for banked allowances" means an adjustment applied to the New Jersey CO[2] Budget Trading Program base budget for allocation years 2021 through 2025 to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO[2] Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO[2] Budget sources in all of the participating states at the end of the control period in 2020 and as reflected in COATS on March 15, 2021.
"Ton" or "tonnage" means a short ton (2,000 pounds or 0.9072 metric tons).
"Undistributed CO[2] allowances" means CO[2] allowances originally allocated to a fixed-price contract set-aside account pursuant to N.J.A.C. 7:27C-5.5 that were not distributed.
"Uniform-price, sealed-bid auction" means a single-round, sealed-bid auction in which a bidder may submit multiple bids at different prices. The price paid by all successful bidders will be uniform and equal to the highest rejected bid price.
"Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.
"Unit -operating day" means a calendar day in which a unit combusts any fuel.
"Unsold CO[2] allowance" means a COallowance that has been made available for sale in an auction conducted by the Department, but is not sold in such auction.
"Useful thermal energy" means, with regard to a cogeneration unit, 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 (for example, space heating or domestic hot water heating); or
3. Used in a space cooling application (that is, thermal energy used by an absorption chiller).
N.J. Admin. Code § 7:27C-1.2