N.Y. Comp. Codes R. & Regs. tit. 6 § 246.1

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

Section 246.1 - Definitions

(a) For the purpose of this Part, the general definitions of Parts 200 and 201 of Title 6 apply unless defined otherwise in this Part.

(b) For the purpose of this Part, the following definitions also apply:

(1) Automated data acquisition and handling system or DAHS. Automated data acquisition and handling system means that component of the continuous emission monitoring system (CEMS), or other emissions monitoring system approved for use under 40 CFR 60.4170 through 60.4176, 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 under 40 CFR 60.4170 through 60.4176.

(2) Boiler. 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.

(3) Bottoming-cycle cogeneration unit. Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

(4) Coal. Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite as defined in 40 CFR 60.4102.

(5) Coal-derived fuel. Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

(6) Cogeneration unit. Cogeneration unit means a stationary, coal-fired boiler or stationary, coal-fired combustion turbine:

(i) having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and

(ii) producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity:

(a) For a topping-cycle cogeneration unit:

(1) useful thermal energy not less than five percent of total energy output; and

(2) useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.

(b) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input.

(7) Combustion turbine. Combustion turbine means:

(i) 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

(ii) if the enclosed device under subparagraph (i) of this paragraph is combined cycle, any associated heat recovery steam generator and steam turbine.

(8) Commence commercial operation. Commence commercial operation with regard to a unit serving a generator means:

(i) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation.

(a) For a unit that is subject to this Part on the date the unit commences commercial operation as defined in subparagraph (i) of this paragraph and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same facility), such date shall remain the unit's date of commencement of commercial operation.

(b) For a unit that is an applicable unit under this Part on the date the unit commences commercial operation as defined in subparagraph (i) of this paragraph and that is subsequently replaced by a unit at the same facility (e.g., re-powered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in subparagraph (i) or (ii) of this paragraph as appropriate.

(ii) For units that were not subject to this Part as of the date the unit began to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, a unit's date for commencement of commercial operation shall be the date on which the unit becomes subject to this Part.

(a) For a unit with a date for commencement of commercial operation as defined in subparagraph (ii) of this paragraph and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same facility), such date shall remain the unit's date of commencement of commercial operation.

(b) For a unit with a date for commencement of commercial operation as defined in subparagraph (ii) of this paragraph and that is subsequently replaced by a unit at the same facility (e.g., re-powered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in subparagraph (i) or (ii) of this paragraph as appropriate.

(9) Commence operation. Commence operation means:

(i) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber.

(ii) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same facility) after the date the unit commences operation as defined in subparagraph (i) of this paragraph, such date shall remain the unit's date of commencement of operation.

(iii) For a unit that is replaced by a unit at the same facility (e.g., re-powered) after the date the unit commences operation as defined in subparagraph (ii) of this paragraph, the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in subparagraph (i) of this paragraph.

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

(11) Continuous emission monitoring system or CEMS. Continuous emission monitoring system means the equipment required under sections 246.7 through 246.13 of this Part 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 mercury emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration in a manner consistent with 40 CFR part 75 . The following systems are the principal types of continuous emission monitoring systems required under sections 246.7 through 246.13 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 mercury concentration monitoring system, consisting of a mercury pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of mercury emissions in micrograms per dry standard cubic meter (ug/dscm);

(iii) a moisture monitoring system, as defined in 40 CFR 75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in percent H ₂O;

(iv) a carbon dioxide monitoring system, consisting of a carbon dioxide concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the carbon dioxide concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of carbon dioxide emissions, in percent carbon dioxide; and

(v) an oxygen monitoring system, consisting of an oxygen concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of oxygen, in percent oxygen.

(12) Existing. Existing means a unit commencing operation before January 1, 2004.

(13) Generator. Generator means a device that converts mechanical energy into electric energy.

(14) Gross electrical output. Gross electrical output means, with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process, which includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(15) Heat input rate. Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

(16) Maximum design heat input. Maximum design heat input means, starting from the initial installation of a unit, the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady-state basis as:

(i) specified by the manufacturer of the unit; or

(ii) starting from the completion of any subsequent physical change in the unit resulting in a decrease in the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady-state basis, such decreased maximum amount as specified by the person conducting the physical change and demonstrated in an acceptable form to the department.

(17) Mercury Reduction Program (MRP) Control period. Mercury Reduction Program Control period means the period of time beginning January 1st of a calendar year and ending on December 31st of the same year.

(18) Mercury Reduction Program (MRP) Facility. Mercury Reduction Program Facility means a facility that includes one or more Mercury Reduction Program units.

(19) Mercury Reduction Program (MRP) Unit. Mercury Reduction Program unit means a coal-fired electric utility steam generating boiler or a coal-fired electric utility steam generating combustion turbine that is subject to this Part pursuant to subdivision 246.2(a) of this Part.

(20) Monitoring system. Monitoring system means any monitoring system that meets the requirements of sections 246.7 through 246.13 of this Part, including a continuous emissions monitoring system, or an alternative sorbent trap monitoring system under 40 CFR part 75.

(21) Nameplate capacity. Nameplate capacity means:

(i) starting from the initial installation of a generator, the maximum electrical generating output in megawatts (MWe) that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other derates) as specified by the manufacturer of the generator; or

(ii) starting from the completion of any subsequent physical change in the generator resulting in a increase in the maximum electrical generating output in MWe that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other derates), such increased or decreased maximum amount as demonstrated in an acceptable form to the department.

(22) New. New means a unit commencing operation on or after January 1, 2004.

(23) Potential electrical output capacity. Potential electrical output capacity means 33 percent of a unit's maximum design heat input, divided by 3,413 British thermal units per kilowatt hour (Btu/kWh), divided by 1,000 kilowatt-hours divided by megawatt-hours (kWh/ MWh), and multiplied by 8,760 hr/yr.

(24) Reference method. Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR 75.22.

(25) Re-powered. With regard to a unit under this Part, re-powered means replacement of a coal-fired electric utility boiler with one of the following coal-fired technologies at the same emission source as the coal-fired boiler:

(i) atmospheric or pressurized fluidized bed combustion;

(ii) integrated gasification combined cycle;

(iii) magnetohydrodynamics;

(iv) direct and indirect coal-fired turbines;

(v) integrated gasification fuel cells; or

(vi) as determined by the administrator in consultation with the United States Secretary of Energy, a derivative of one or more of the technologies under subparagraphs (i) through (iv) of this paragraph 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.

(26) Sequential use of energy. Sequential use of energy means:

(i) for a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(ii) for a bottoming-cycle cogeneration unit, the use of reject heat from a useful thermal energy application or process in electricity production.

(27) Sorbent trap monitoring system. Sorbent trap monitoring system means the equipment required by 40 CFR part 75 for the continuous monitoring of mercury emissions, using paired sorbent traps containing iodinized charcoal (IC) or other suitable reagent(s). This excepted monitoring system consists of a probe, paired sorbent traps, a heated umbilical line, moisture removal components, an airtight sample pump, a dry gas meter, and an automated data acquisition and handling system. The monitoring system samples the stack gas at a rate proportional to the stack gas volumetric flow rate. The sampling is a batch process. Using the sample volume measured by the dry gas meter and the results of the analyses of the sorbent traps, the average mercury concentration in the stack gas for the sampling period is determined, in units of micrograms per dry standard cubic meter (ug/dscm). Mercury mass emissions for each hour in the sampling period are calculated using the average mercury concentration for that period, in conjunction with contemporaneous hourly measurements of the stack gas flow rate, corrected for the stack gas moisture content.

(28) Speciated mercury compounds or Hg. Speciated mercury compounds means the three forms of mercury identified through a reference method, which are elemental mercury, reactive gas mercury or oxidized mercury and particle bound mercury.

(29) Submit or serve. Submit or serve means 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" or "service" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(30) Topping-cycle cogeneration unit. Topping-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

(31) Total energy input. Total energy input means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself.

(32) Total energy output. Total energy output means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.

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

(34) Unit. Unit means a stationary coal-fired boiler or a stationary coal-fired combustion turbine.

(35) Unit operating hour or hour of unit operation. Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.

(36) Useful power. Useful power means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process, which includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(37) Useful thermal energy. Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:

(i) made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(ii) used in a heating application (i.e., space heating or domestic hot water heating); or

(iii) used in a space cooling application (e.g., thermal energy used by an absorption chiller).

(38) Utility power distribution system. Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.

(39) Trillion British Thermal Units (TBtu). One British Thermal Unit followed by twelve zeros.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 246.1