Section 336.1803. Definitions.

Rule 803. (1) The provisions of 40 C.F.R. §96.2 are adopted by reference in this rule.    The definitions for the oxides of nitrogen budget trading program in 40 C.F.R.

§96.2 are applicable to R 336.1802 to R 336.1816.      In addition, all of the following

definitions apply as indicated, including a modification to the "NOX budget trading program" definition:

(a)  "Electric-generating unit (EGU)" means the following:

(i)    For units that commenced operation before January 1, 1997, a unit serving a generator during 1995 or 1996 that had a nameplate capacity of more than 25 megawatts and produced electricity for sale.

(ii)    For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving a generator during 1997 or 1998 that had a nameplate capacity of more than 25 megawatts and produced electricity for sale.

(iii)    For units that commence operation on or after January 1, 1999, a unit serving a generator at any time that has a nameplate capacity of more than 25 megawatts and produces electricity for sale.

(b)   "Large affected unit" means the following:

(i)    For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1995 or 1996 a generator producing electricity for sale.

(ii)    For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1997 or 1998 a generator producing electricity for sale.

(iii)   For units that commence operation on or after January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and to which either of the following provisions applies:

(A)  The unit at no time serves a generator producing electricity for sale.

(B)   The unit at any time serves a generator producing electricity for sale, if any such generator has a nameplate capacity of 25 megawatts or less and has the potential to use not more than 50% of the potential electrical output capacity of the unit.

(c)    "Michigan fine grid zone" means the geographical area that includes all of the following counties:

(i)   Allegan.

(ii)   Barry.

(iii)   Bay.

(iv)   Berrien.

(v)   Branch.

(vi)   Calhoun.

(vii)   Cass.

(viii)   Clinton.

(ix)   Eaton.

(x)   Genesee.

(xi)   Gratiot.

(xii)   Hillsdale.

(xiii)   Ingham.

(xiv)   Ionia.

(xv)   Isabella.

(xvi)   Jackson.

(xvii)   Kalamazoo.

(xviii)   Kent.

(xix)   Lapeer.

(xx)   Lenawee.

(xxi)   Livingston.

(xxii)   Macomb.

(xxiii)   Mecosta.

(xxiv)   Midland.

(xxv)   Monroe.

(xxvi)   Montcalm.

(xxvii)   Muskegon.

(xxviii)   Newaygo.

(xxix)   Oakland.

(xxx)   Oceana.

(xxxi)   Ottawa.

(xxxii)   Saginaw.

(xxxiii)   Saint Clair.

(xxxiv)   Saint Joseph.

(xxxv)   Sanilac.

(xxxvi)   Shiawassee.

(xxxvii)   Tuscola.

(xxxviii)   Vanburen.

(xxxix)   Washtenaw.

(xl)             Wayne.

(d)  "NOX budget trading program" means a multi-state nitrogen oxides air pollution control and emission reduction program established pursuant to 40 C.F.R. part 96 and part 97. The provisions of 40 C.F.R. part 96 and part 97 are adopted by reference in subrule (2) of this rule.

(e)    "Ozone control period" means the period of May 31, 2004, through September 30, 2004, and the period of May 1 to September 30 each subsequent and prior year. The term "ozone control period" replaces the term "control period."

(2)   For R 336.1803 to R 336.1816, the provisions of 40 C.F.R. part 96 and part 97 (2007) are adopted by reference, except as modified in R 336.1804, R 336.1805, R 336.1808, R 336.1811, R 336.1813, and R 336.1815.Copies may be inspected at the Lansing office of the air quality division of the department of environmental quality. Copies of the regulations may be obtained from the Department of Environmental Quality, Air Quality Division, 525 West Allegan Street, P.O. Box 30260, Lansing, Michigan 48909-7760, at a cost as of the time of adoption of this rule of $70.00. A copy may also be obtained from the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost as of the time of adoption of this rule of $60.00; or on the United States government printing office internet web site at www.access.gpo.gov.

(3)    Definitions under the clean air interstate rule NOX ozone season and annual trading programs in 40 C.F.R. §97.102 and §97.302 are applicable to R 336.1821 to R 336.1834.  In addition, all of the following definitions apply as indicated:

(a)   "Biomass" means the same as defined in 40 C.F.R §97.102 and §97.302.

(b)   "CAIR" means clean air interstate rule.

(c)   "Cogeneration unit" means the same as defined in 40 C.F.R §97.102 and §97.302.

(d)    "Commence commercial operation" means the same as defined in 40 C.F.R

§97.102 and §97.302.

(e)    "Commence operation" means the same as defined in 40 C.F.R §97.102 and

§97.302.

(f)  Electric generating unit or "EGU" means any of the following:

(i)   For the purposes of the CAIR NOX ozone season trading program; a CAIR NOX ozone season unit as defined under 40 C.F.R.  §97.304,

(ii)     For the purposes of the CAIR NOX ozone season trading program, electric generating units required to be in Michigan's NOX SIP budget trading program that are not already included under 40 C.F.R.§96.304, which are defined as the following units located in Michigan's fine grid zone:

(A)    For units that commenced operation before January 1, 1997, a unit serving a generator during 1995 or 1996 that had a nameplate capacity of more than 25 megawatts and produced electricity for sale.

(B)    For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit serving a generator during 1997 or 1998 that had a nameplate capacity of more than 25 megawatts and produced electricity for sale.

(C)   For units that commence operation on or after January 1, 1999, a unit serving a generator at any time that has a nameplate capacity of more than 25 megawatts and produces electricity for sale.

(iii)    For purposes of the CAIR NOX annual trading program; a CAIR NOX unit as defined under 40 C.F.R.  §97.104.

(g)    "Equivalent," for the purpose of allocating allowances pursuant to Michigan's CAIR programs, is determined using equation F-5 or F-6 in 40 C.F.R. part 75, appendix F.

(h)   "Existing EGUs" for allocation purposes under R 336.1821 to R 336.1834, means electric generating units that commenced operations prior to the most recent year of the 5-year period used to calculate the allocations pursuant to these rules.

(i)    "Fossil fuel-fired," means as defined in 40 C.F.R.    §97.2 for the purposes of determining applicability for units that are considered either of the following:

(i)   EGUs as defined pursuant to R 336.1803(3)(f)(ii).

(ii)   Non-EGUs as defined pursuant to R 336.1803(3)(p).

(j)    "Fuel types," for the allocation of allowances under Michigan's CAIR programs only, means solid, liquid, and gaseous fuel. The following definitions apply to fuel:

(i)    "Solid fuel" includes, but is not limited to coal, biomass, tire-derived fuels, and pet coke.

(ii)     "Liquid  fuel"  includes,   but  is  not  limited  to  petroleum-based  oils,  glycerol, vegetable-based and animal waste-based liquids.

(iii)     "Gaseous  fuel"  includes,   but  is  not  limited   to  coke  oven  gas,  natural  gas, propane, coal gas, blast furnace gas, and methane derived from animal wastes.

(k)   "Maximum design heat input" means the same as defined in 40 C.F.R §97.102 and §97.302.

(l)    "Michigan fine grid zone" means the geographical area that includes all of the following counties:

(i)   Allegan.

(ii)   Barry.

(iii)   Bay.

(iv)   Berrien.

(v)   Branch.

(vi)   Calhoun.

(vii)   Cass.

(viii)   Clinton.

(ix)   Eaton.

(x)   Genesee.

(xi)   Gratiot.

(xii)   Hillsdale.

(xiii)   Ingham.

(xiv)   Ionia.

(xv)   Isabella.

(xvi)   Jackson.

(xvii)   Kalamazoo.

(xviii)   Kent.

(xix)   Lapeer.

(xx)   Lenawee.

(xxi)   Livingston.

(xxii)   Macomb.

(xxiii)   Mecosta.

(xxiv)   Midland.

(xxv)   Monroe.

(xxvi)   Montcalm.

(xxvii)   Muskegon.

(xxviii)   Newaygo.

(xxix)   Oakland.

(xxx)   Oceana.

(xxxi)   Ottawa.

(xxxii)   Saginaw.

(xxxiii)   Saint Clair.

(xxxiv)   Saint Joseph.

(xxxv)   Sanilac.

(xxxvi)   Shiawassee.

(xxxvii)   Tuscola.

(xxxviii)   Vanburen.

(xxxix)   Washtenaw.

(xl)             Wayne.

(m)     "Nameplate capacity" means the same as defined in 40 C.F.R §97.102 and

§97.302.

(n)   "New EGUs," for allocation purposes under R 336.1821 to R 336.1834, means electric generating units that are commencing operation or projected to commence operation on or after January 1 of the most recent year of the 5-year period used to calculate the allocations pursuant to these rules.

(o)      "Newly-affected EGUs," for allocation purposes under R 336.1821 to R 336.1834, means existing EGUs located outside the Michigan fine grid zone or existing EGUs located within the Michigan fine grid zone which were exempt from the federal NOX budget program. This definition is applicable for the 2009 CAIR NOX ozone season program only and after that time the newly affected EGUs are considered existing EGUs. This definition excludes the Harbor Beach power plant which was previously included as an EGU in the NOX SIP Budget trading program and is considered existing for the purposes of CAIR NOX ozone season program.

(p)   "Non-EGUs" means the following units located in Michigan's fine grid zone:

(i)    For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1995 or 1996 a generator producing electricity for sale.

(ii)     For units that commenced operation on or after January 1, 1997, and before January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and that did not serve during 1997 or 1998 a generator producing electricity for sale.

(iii)    For units that commence operation on or after January 1, 1999, a unit that has a maximum design heat input of more than 250,000,000 Btu's per hour and to which either of the following provisions applies:

(A)  The unit at no time serves a generator producing electricity for sale.

(B)   The unit at any time serves a generator producing electricity for sale, if any such generator has a nameplate capacity of 25 megawatts or less and has the potential to use not more than 50% of the potential electrical output capacity of the unit.

(q)   "Ozone Season" means May 1 to September 30 of each calendar year.

(r)      "Renewable energy  source,"  for  allocation   purposes  under  R   336.1821  to R 336.1826, means a source, located in Michigan, that generates electricity by solar, wind, geothermal, or hydroelectric processes, excluding nuclear, that has commenced operation or is projected to commence operation on or after January 1 of the most recent year of the 5-year period used to calculate the allocations pursuant to these rules, which meets all of the following:

(i)   Serves a generator at 25 megawatts or greater of electrical output.

(ii)   Is not subject to R 336.1801(4)(a) or covered by any other definitions in this rule.

(iii)   Captures energy from on-going natural processes.

(iv)   Is considered a non-emitting, having zero emissions, source.

(s)    "Renewable energy projects," for allocation purposes under R 336.1821 to R 336.1826, means renewable energy sources, located in Michigan and located within the same geographic area that when added together equal a generator greater than 25 megawatts of electrical output.

History: 2002 MR 22, Eff. Dec. 4, 2002; MR 12, Eff. June 25, 2007; 2009 MR