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APPROVED RULES

History Note:Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2402DEFINITIONS

(a)  For the purpose of this Section, the definitions in 40 CFR 96.102, 96.202 and 96.302 shall apply except that solely for the purposes of units subject to Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this Section, the term "fossil-fuel-fired" means:
(1)sources that began operation before January 1, 1996, where fossil fuel actually combusted either alone or in combination with any other fuel, comprised more than 50 percent of the annual heat input on a Btu basis during 1995, or, if a source had no heat input in 1995, during the last year of operation of the unit before 1995;
(2)sources that began operation on or after January 1, 1996 and before January 1, 1997, where fossil fuel actually combusted either alone or in combination with any other fuel, comprised more than 50 percent of the annual heat input on a Btu basis during 1996; or
(3)sources that began operation on or after January 1, 1997;

(A)Where fossil fuel actually combusted either alone or in combination with any other fuel, comprised more than 50 percent of the annual heat input on a Btu basis during any year as determined by the owner or operator of the source and verified by the Director; or

(B)Where fossil fuel combusted either alone or in combination with any other fuel, is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year, provided that the unit shall be "fossil-fuel-fired" as of the date, during such year, on which the source begins combusting fossil fuel.

(b)  Notwithstanding the provisions of the definition of "commence commercial operation" in 40 CFR 96.302, for a unit under Rules .2401(b)(3), .2401(b)(4) or .2405(a)(2) of this Section, and not serving a generator producing electricity for sale, the unit's date of commencement of operation shall also be the unit's date of commencement of commercial operation.
(c)  Notwithstanding the provisions of the definition of "commence operation" in 40 CFR 96.302, and solely for the purposes of 40 CFR Part 96 Subpart HHHH, for a unit that is not a CAIR NOx Ozone Season unit, under Rules .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this Section on the later of November 15, 1990 or the date the unit commenced or commences operation as defined in the first provision of this definition in 40 CFR 96.302 and that subsequently becomes or became such a CAIR NOx Ozone Season unit, the unit's date for commencement of operation shall be the date on which the unit becomes or became a CAIR NOx Ozone Season unit under Rule .2401(b)(3), .2401(b)(4), or .2405(a)(2) of this Section. For a unit with a date of commencement of operation as defined in the first sentence of this Subparagraph and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit. For a unit with a date of commencement of operation as defined in the first sentence of this Paragraph and that subsequently is replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit's date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in this Paragraph.
(d)  For the purposes of this Section, the following definitions apply:
(1)"Modification" means modification as defined in 15A NCAC 02D .0101.
(2)"Reconstruction" means the replacement of components of an existing unit that meets the requirements of 40 CFR 60.15(b)(1).
(3)"Replacement" means, solely for the purposes of Rules .2403 and .2405 of this Section, removing an existing unit and putting in its place at the same facility a functionally equivalent new unit.
(e) For the purpose of this Section, the abbreviations and acronyms listed in 40 CFR 96.103, 96.203, 96.303 shall apply.

History Note:Authority G.S. 143-215.3(a); 143-215.107(a)(5), (10);

Eff. July 1, 2006;

Amended Eff. May 1, 2008.

15A NCAC 02D .2403NITROGEN OXIDE EMISSIONS

(a)  Allocations. The annual allocations of nitrogen oxide allowances are:

FACILITY

ALLOCATIONS FOR

2009-2014

(TONS)

ALLOCATIONS FOR

2015 AND LATER

(TONS)

Craven County Wood Energy, LP

498

424

Duke Energy, Belews Creek

10,837

9,220

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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