N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-1.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 242-1.2 - Definitions

(a) To the extent that they are not inconsistent with the specific definitions in subdivision (b) of this section, the general definitions of Part 200 of this Title apply to this Part.

(b) For the purposes of this Part, the following specific definitions apply:

(1) 'Account number'. The identification number given by the department or its agent to each CO₂ Allowance Tracking System account.

(2) 'Acid rain emissions limitation'. As defined in 40 CFR 72.2 (see Table 1, section 200.9 of this Title), a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under title IV of the Clean Air Act.

(3) 'Acid Rain Program'. A multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and 40 CFR parts 72 through 78 (see Table 1, section 200.9 of this Title).

(4) 'Administrator'. 'Administrator' means the Administrator of the United States Environmental Protection Agency or the Administrator's authorized representative.

(5) 'Allocate or allocation'. The determination by the department of the number of CO₂ allowances to be recorded in the compliance account of a CO₂ budget unit, an allocation set-aside account, the energy efficiency and clean energy technology account, or the general account of the sponsor of an approved CO₂ emissions offset project.

(6) 'Allocation year'. A calendar year for which the department allocates or awards CO₂ allowances pursuant to Subparts 242-5 and 242-10 of this Part. The allocation year of each CO₂ allowance is reflected in the unique identification number given to the allowance pursuant to subdivision 242-6.4(b) of this Part.

(7) 'Allowance auction or auction'. An auction in which the New York State Research and Development Authority (NYSERDA) or its agent offers CO₂ allowances for sale.

(8) 'Attribute'. A characteristic, claim, credit, benefit, emissions reduction, offset, allowance, allocation, howsoever characterized, denominated, measured or entitled, 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.

(9) 'Attribute credit'. An attribute credit represents the attributes related to one megawatt-hour of electricity generation.

(10) 'Automated data acquisition and handling system or DAHS'. That component of the continuous emissions monitoring system, or other emissions monitoring system approved for use under Subpart 242-8 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 Subpart 242-8 of this Part.

(11) 'Award'. The determination by the Department of the number of CO₂ offset allowances to be recorded in the general account of a project sponsor pursuant to 242-10.7 of this Part. Award is a type of allocation.

(12) 'Boiler'. An enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(13) 'CO₂ allowance'. A limited authorization by the department or a participating state under the CO₂ Budget Trading Program to emit up to one ton of CO₂, subject to all applicable limitations contained in this Part. No provision of this regulation shall be construed to limit the authority of the department or a participating state to terminate or limit such authorization to emit. This limited authorization does not constitute a property right.

(14) 'CO₂ allowance deduction or deduct CO₂ allowances'. The permanent withdrawal of CO₂ allowances by the Department or its agent from a CO₂ allowance tracking system compliance account to account for the number of tons of CO₂ emitted from a CO₂ budget source for a control period or an interim control period, determined in accordance with Subpart 242-8 of this Part, or for the forfeit or retirement of CO₂ allowances as provided by this Part.

(15) 'CO₂ allowances held or hold CO₂ allowances'. The CO₂ allowances recorded by the department or its agent, or submitted to the department or its agent for recordation, in accordance with Subparts 242-6 and 242-7 of this Part, in a CO₂ allowance tracking system account.

(16) 'CO₂ Allowance Tracking System (COATS)'. The system by which the department or its agent records allocations, deductions, and transfers of CO₂ allowances under the CO₂ Budget Trading Program. The tracking system may also be used to track CO₂ emissions offset projects, CO₂ allowance prices and emissions from affected sources, and to determine the New York CO₂ Budget Trading Program adjusted budget in accordance with section 242-5.2 of this Part.

(17) 'CO₂ allowance tracking system account'. An account in the CO₂ Allowance Tracking System established by the department or its agent for purposes of recording the allocation, holding, transferring, or deducting of CO₂ allowances.

(18) 'CO₂ allowance transfer deadline'. Midnight of the March 1st occurring after the end of the relevant control period and each relevant interim control period or, if that March 1st is not a business day, midnight of the first business day thereafter and is the deadline by which CO₂ allowances must be submitted for recordation in a CO₂ budget source's compliance account in order for the source to meet the CO₂ requirements of subdivision 242-1.5(c) of this Subpart for the control period and each interim control period immediately preceding such deadline.

(19) 'CO₂ authorized account representative'. For a CO₂ budget source and each CO₂ budget unit at the source, the natural person who is authorized by the owners and operators of the source and all CO₂ budget units at the source, in accordance with Subpart 242-2 of this Part, to represent and legally bind each owner and operator in matters pertaining to the CO₂ Budget Trading Program or, for a general account, the natural person who is authorized, under Subpart 242-6 of this Part, to transfer or otherwise dispose of CO₂ allowances held in the general account. If the CO₂ budget source is also subject to the Acid Rain Program, CSAPR NO Annual Trading Program, CSAPR NOOzone Season Trading Program, CSAPR SO Group 1 Trading Program or CSAPR SO Group 2 Trading Program then, for a CO₂ Budget Trading Program compliance account, this natural person shall be the same person as the designated representative as defined in the respective program.

(20) 'CO authorized alternate account representative'. For a CO budget source and each CO budget unit at the source, the alternate natural person who is authorized by the owners and operators of the source and all CO budget units at the source, in accordance with Subpart 242-2 of this Part, to represent and legally bind each owner and operator in matters pertaining to the CO Budget Trading Program or, for a general account, the alternate natural person who is authorized, under Subpart 242-6 of this Part, to transfer or otherwise dispose of CO allowances held in the general account. If the CObudget source is also subject to the Acid Rain Program, CSAPR NO Annual Trading Program, CSAPR NO Ozone Season Trading Program, CSAPR SO Group 1 Trading Program or CSAPR SO Group 2 Trading Program then, for a CO Budget Trading Program compliance account, this alternate natural person shall be the same person as the alternate designated representative as defined in the respective program.

(21) 'CO₂ budget emissions limitation'. For a CO₂ budget source, the tonnage equivalent, in CO₂ emissions in a control period or an interim control period, of the CO₂ allowances available for compliance deduction for the source for a control period or an interim control period.

(22) 'CO₂ budget permit'. The portion of the legally binding permit issued by the department pursuant to Parts 201 and 621 of this Title to a CO₂ budget source or CO₂ budget unit which specifies all applicable CO₂ Budget Trading Program requirements.

(23) 'CO₂ budget source'. A source that includes one or more CO₂ budget units.

(24) 'CO₂ Budget Trading Program'. A multi-state CO₂ air pollution control and emissions reduction program established pursuant to this Part and corresponding regulations in other states as a means of reducing emissions of CO₂ from CO₂ budget sources.

(25) 'CO₂ Budget Trading Program adjusted budget'. The New York CO₂ Budget Trading Program adjusted budget is determined in accordance with section 242-5.2 of this Part and is the annual amount of CO₂ tons available in New York for allocation in a given allocation year, in accordance with the CO₂ Budget Trading Program. CO₂ offset allowances allocated to project sponsors and CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the New York CO₂ Budget Trading Program adjusted budget.

(26) 'CO₂ Budget Trading Program base budget'. The New York CO₂ Budget Trading Program base budget is specified in section 242-5.1 of this Part. CO₂ offset allowances allocated to project sponsors and CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the CO₂ Budget Trading Program base budget.

(27) 'CO₂ budget unit'. A unit that is subject to the CO₂ Budget Trading Program requirements under section 242-1.4 of this Part.

(28) 'CO₂ cost containment reserve allowance or CO₂ CCR allowance'. A CO₂ allowance that is offered for sale at an auction by NYSERDA or its agent for the purpose of containing the cost of CO₂ Allowances. CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the CO₂ Budget Trading Program base and adjusted budgets. CO₂ CCR allowances are subject to all applicable limitations contained in this Part and in 21 NYCRR Part 507.

(29) 'CO₂ equivalent'. The quantity of a given greenhouse gas multiplied by its global warming potential (GWP).

(30) 'CO₂ offset allowance'. A CO₂ allowance that is awarded to the sponsor of a CO₂ emissions offset project pursuant to section 242-10.7 of this Part and is subject to the relevant compliance deduction limitations of paragraph 242-6.5(a)(3) of this Part.

(31) 'Combined cycle system'. 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.

(32) 'Combustion turbine'. 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.

(33) 'Commence commercial operation'. 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. For a unit that is a CO₂ budget unit under section 242-1.4 of this Subpart 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 CO₂ budget unit under section 242-1.4 of this Subpart on the date the unit commences commercial operation, the date the unit becomes a CO₂ budget unit under section 242-1.4 of this Subpart shall be the unit's date of commencement of commercial operation.

(34) 'Commence operation'. 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 CO₂ budget unit under section 242-1.4 of this Subpart 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 CO₂ budget unit under section 242-1.4 of this Subpart on the date of commencement of operation, the date the unit becomes a CO₂ budget unit under section 242-1.4 of this Subpart shall be the unit's date of commencement of operation.

(35) 'Compliance account'. A CO₂ Allowance Tracking System account, established by the department or its agent for a CO₂ budget source under Subpart 242-6 of this Part, in which are held CO₂ allowances available for use by the source for a control period and each interim control period for the purpose of meeting the CO₂ requirements of subdivision 242-1.5(c) of this Subpart.

(36) 'Continuous emissions monitoring system or CEMS'. The equipment required under Subpart 242-8 of this Part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated DAHS), 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 (see Table 1, section 200.9 of this Title) and Subpart 242-8 of this Part. The following systems are types of continuous emissions monitoring systems required under Subpart 242-8 of this Part.

(i) 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);

(ii) A nitrogen oxides emissions rate (or NO_X-diluent) monitoring system, consisting of a NO_X

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 NO_X concentration, in parts per million (ppm), diluent gas concentration, in percent CO₂ or O₂; and NO_X emissions rate, in pounds per million British thermal units (lb/MMBtu);

(iii) A moisture monitoring system, as defined in 40 CFR 75.11(b)(2) (see Table 1, section 200.9 of this Title) and providing a permanent, continuous record of the stack gas moisture content, in percent H₂O;

(iv) A carbon dioxide monitoring system, consisting of a CO₂ pollutant concentration monitor (or an oxygen 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

(v) An oxygen 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.

(37) 'Control period'. The control period is a three-calendar-year time period. The first control period was from January 1, 2009 to December 31, 2011, inclusive. Each subsequent sequential three-calendar-year period is a separate control period. The first two calendar years of each control period are each defined as an interim control period, beginning on January 1, 2015.

(38) 'CO Cost containment reserve trigger price, or CCR trigger price'. The CCR trigger price is the minimum price at which CO₂ CCR allowances are offered for sale by NYSERDA or its agent at an auction. The CCR trigger price shall be $10.00 per CO₂ allowance in calendar year 2017. Each calendar year thereafter through 2020, the CCR trigger price shall be 1.025 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent. The CCR trigger price in calendar year 2021 shall be $13.00. Each calendar year thereafter, the CCR trigger price shall be 1.07 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in Table 1 below.

Table 1. CO CCR Trigger Price

2018	2019	2020	2021	2022	2023	2024	2025	2026	2027	2028	2029	2030
$10.25	$10.51	$10.77	$13.00	$13.91	$14.88	$15.92	$17.03	$18.22	$19.50	$20.87	$22.33	$23.89

(39) 'CO emissions containment reserve allowance or CO ECR allowance'. A CO allowance that is withheld from sale at an auction by NYSERDA or its agent pursuant to 21 NYCRR Part 507 for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.

(40) 'CO emissions containment reserve trigger price, or ECR trigger price'. The ECR trigger price is the price below which CO allowances will be withheld from sale by NYSERDA or its agent at an auction pursuant to 21 NYCRR Part 507. The ECR trigger price in calendar year 2021 shall be $6.00. Each calendar year thereafter, the ECR trigger price shall 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. CO 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

(41) 'Cross State Air Pollution Rule (CSAPR) NO Annual Trading Program'. A multi-state NO air pollution control and emission reduction program established in accordance with Subpart AAAAA of 40 CFR Part 97 and 40 CFR 52.38(a) (see Table 1, section 200.9 of this Title) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.38(a)(3) or (4) (see Table 1, section 200.9 of this Title) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.38(a)(5)) (see Table 1, section 200.9 of this Title), as a means of mitigating interstate transport of fine particulates and NO.

(42) 'Cross State Air Pollution Rule (CSAPR) NO Ozone Season Trading Program'. A multi-state NOair pollution control and emission reduction program established in accordance with Subpart BBBBB of 40 CFR Part 97 and 40 CFR 52.38(b) (see Table 1, section 200.9 of this Title) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.38(b)(3) or (4) (see Table 1, section 200.9 of this Title) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.38(b)(5)) (see Table 1, section 200.9 of this Title), as a means of mitigating interstate transport of ozone and NO.

(43) 'Cross State Air Pollution Rule (CSAPR) SO Group 1 Trading Program'. A multi-state SO air pollution control and emission reduction program established in accordance with Subpart CCCCC of 40 CFR Part 97 and 40 CFR 52.39(a), (b), (d) through (f), (j), and (k) (see Table 1, section 200.9 of this Title) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.39(d) or (e) (see Table 1, section 200.9 of this Title) or that is established in a SIP revision approved by the Administrator under 40 CFR 52.39(f)) (see Table 1, section 200.9 of this Title), as a means of mitigating interstate transport of fine particulates and SO.

(44) 'Cross State Air Pollution Rule (CSAPR) SO Group 2 Trading Program'. A multi-state SO air pollution control and emission reduction program established in accordance with Subpart DDDDD of 40 CFR Part 97 and 40 CFR 52.39(a), (c), and (g) through (k) (see Table 1, section 200.9 of this Title) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR 52.39(g) or (h) (see Table 1, section 200.9 of this Title) of this chapter or that is established in a SIP revision approved by the Administrator under 40 CFR 52.39(i) (see Table 1, section 200.9 of this Title) of this chapter), as a means of mitigating interstate transport of fine particulates and SO.

(45) 'Eligible biomass'. Eligible biomass includes sustainably harvested woody and herbaceous fuel sources that are available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, and forest and mill residue. Eligible biomass may also include biogas derived from such fuel sources and animal wastes and other clean organic wastes not mixed with other solid waste. Liquid biofuels do not qualify as eligible biomass. Sustainably harvested as it applies to woody and herbaceous fuel sources will be determined by the department.

(46) 'Energy efficiency and clean energy technology account'. A general account established and administered by NYSERDA.

(47) 'Excess emissions'. Any tonnage of CO₂ emitted by a CO₂ budget source during a control period that exceeds the CO₂ budget emissions limitation for the source.

(48) 'Excess interim emissions'. Any tonnage of CO₂ emitted by a CO₂ budget source during an interim control period multiplied by 0.50 that exceeds the CO₂ budget emissions limitation for the source.

(49) 'First control period interim adjustment for banked allowances'. An adjustment applied to the New York CO₂ Budget Trading Program base budget for allocation years 2014 through 2020 to address the surplus allocation year 2009, 2010 and 2011 allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO₂ Budget Trading Program, but not including accounts opened by participating states.

(50) 'Fossil fuel'. Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

(51) 'Fossil fuel-fired'. One of the following:

(i) 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; or

(ii) 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.

(52) 'General account'. A CO₂ allowance tracking system account, established under Subpart 242-6 of this Part, that is not a compliance account.

(53) 'Global warming potential (GWP)'. A measure of the radiative efficiency (heat-absorbing ability) of a particular gas relative to that of carbon dioxide (CO₂) 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 CO₂.

(54) 'Gross generation'. The electrical output (in MWe) at the terminals of the generator.

(55) 'Interim control period'. An interim control period is a one-calendar-year time period, during each of the first and second calendar years of each three year control period. The first interim control period starts on January 1, 2015 and ends on December 31, 2015, inclusive. The second interim control period starts on January 1, 2016 and ends on December 31, 2016, 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.

(56) 'Life-of-the-unit contractual arrangement'. 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:

(i) for the life of the unit;

(ii) for a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or

(iii) for 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.

(57) 'Maximum potential hourly heat input'. 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 (see Table 1, section 200.9 of this Title) to report heat input, this value should be calculated, in accordance with 40 CFR part 75 (see Table 1, section 200.9 of this Title), 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 (see Table 1, section 200.9 of this Title), using the maximum potential flow rate and either the maximum carbon dioxide concentration (in percent CO₂) or the minimum oxygen concentration (in percent O₂).

(58) 'Minimum Reserve Price (MRP)'. The minimum reserve price in calendar year 2014 shall be $2.00. Each calendar year thereafter the minimum reserve price shall be 1.025 multiplied by the minimum reserve price from the previous calendar year, rounded to the nearest whole cent.

(59) 'Monitoring system'. Any monitoring system that meets the requirements of Subpart 242-8 of this Part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

(60) 'Nameplate capacity'. The maximum electrical 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.

(61) 'Net electrical output'. All electrical output supplied to the electric power grid or gross generation minus the electrical output used on-site by the facility (in MWe). For co-generation facilities, all electrical output supplied to the electric power grid, the host site and other industrial and commercial customers, but excluding electrical output used by the co-generation facility and fuel handling and processing equipment.

(62) 'Non-CO₂ budget unit'. A unit that does not meet the applicability criteria of section 242-1.4 of this Subpart.

(63) 'Operator'. Any person who operates, controls, or supervises a CO₂ budget unit or a CO₂ budget source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

(64) 'Owner'. Any of the following persons:

(i) any holder of any portion of the legal or equitable title in a CO₂ budget unit; or

(ii) any holder of a leasehold interest in a CO₂ budget unit, other than 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 CO₂ budget unit; or

(iii) any purchaser of power from a CO₂ budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the unit; or

(iv) with respect to any general account, any person who has an ownership interest with respect to the CO₂ allowances held in the general account and who is subject to the binding agreement for the CO₂ authorized account representative to represent that person's ownership interest with respect to the CO₂ allowances.

(65) 'Participating state'. A state that has established a corresponding regulation as part of the CO₂ Budget Trading Program.

(66) 'Primary fuel'. Of the different fuels used, the fuel to which the highest proportion of the heat input is attributable.

(67) 'Receive or receipt of'. When referring to the department or its agent, 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 its agent in the regular course of business.

(68) 'Recordation, record, or recorded'. With regard to CO₂ allowances, the movement of CO₂ allowances by the department or its agent from one CO₂ allowance tracking system account to another, for purposes of allocation, transfer, or deduction.

(69) 'Reserve Price'. The minimum acceptable price for each CO₂ allowance in a specific auction. The reserve price at an auction is either the minimum reserve price or the CCR trigger price as specified in section 242-5.3(b) of this Part and in 21 NYCRR Part 507.

(70) 'Second control period adjustment for banked allowances'. An adjustment applied to the New York CO₂ Budget Trading Program base budget for allocation years 2015 through 2020 to address the surplus allocation year 2012 and 2013 allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO₂ Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of 2012 and 2013 emissions from all CO₂ budget sources in all the participating states.

(71) 'Serial number'. When referring to CO₂ allowances, the unique identification number assigned to each CO₂ allowance by the department or its agent under subdivision 242-6.4(b) of this Part.

(72) 'Source'. Any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any air pollutant. A "source," including a "source" with multiple units, shall be considered a single "facility."

(73) 'State'. A State, 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.

(74) 'Submit or serve'. To send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(i) in person;

(ii) by United States Postal Service; or

(iii) 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.

(75) 'Third adjustment for banked allowances'. An adjustment applied to the New York State COBudget 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 Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO budget sources in all of the participating states at the end of the fourth control period in 2020 and as reflected in the CO Allowance Tracking System on March 15, 2021.

(76) 'Ton or tonnage'. Any "short ton", or 2,000 pounds. For the purpose of determining compliance with the CO₂ requirements of subdivision 242-1.5(c) of this Subpart, total tons for a control period and each interim 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 Subpart 242-8 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. A short ton is equal to 0.9072 metric tons.

(77) 'Total net output'. The total net megawatt hours, calculated utilizing the following formula:

Total net output = (EO + (TO/3.413)

Where:

"EO" is the total net electrical output from the CO₂ budget unit in MWh;

"TO" is the total useful thermal energy from the CO₂ budget unit in MMBtu;

" 3. 413" is the factor used to convert useful thermal energy from MMBtu to MWh, 3.413 MMBtu = 1 MWh.

(78) 'Undistributed CO₂ allowance'. CO₂ allowances originally allocated to a set-aside account pursuant to section 242-5.3 that were not distributed.

(79) 'Unit'. A fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

(80) 'Unit operating day'. A calendar day in which a unit combusts any fuel.

(81) 'Unsold Allowance'. A CO₂ allowance that has been made available for sale in an auction, conducted by NYSERDA or its agent pursuant to 21 NYCRR Part 507, but not sold.

(82) 'Voluntary renewable energy purchase'. A purchase of electricity from renewable energy generation or renewable energy attribute credits by a retail electricity customer on a voluntary basis. Renewable energy includes electricity generated from a source built on or after January 1, 2003 that meets the definition of "renewable energy systems" pursuant to Public Service Law Section 66-p(1)(p). The renewable energy generation or renewable energy attribute credits related to such purchases may not be used by the generator or purchaser to meet any regulatory mandate, such as a clean energy standard.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-1.2

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/31/2020