[Title 40 CFR 60.24]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart B - Adoption and Submittal of State Plans for Designated]
[Sec. 60.24 - Emission standards and compliance schedules.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT62009-07-012009-07-01falseEmission standards and compliance schedules.60.24Sec. 60.24PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Adoption and Submittal of State Plans for Designated
Sec. 60.24 Emission standards and compliance schedules.
(a) Each plan shall include emission standards and compliance
schedules.
(b)(1) Emission standards shall either be based on an allowance
system or prescribe allowable rates of emissions except when it is
clearly impracticable.
(2) Test methods and procedures for determining compliance with the
emission standards shall be specified in the plan. Methods other than
those specified in appendix A to this part may be specified in the plan
if shown to be equivalent or alternative methods as defined in Sec.
60.2 (t) and (u).
(3) Emission standards shall apply to all designated facilities
within the State. A plan may contain emission standards adopted by local
jurisdictions provided that the standards are enforceable by the State.
(c) Except as provided in paragraph (f) of this section, where the
Administrator has determined that a designated pollutant may cause or
contribute to endangerment of public health, emission standards shall be
no less stringent than the corresponding emission guideline(s) specified
in subpart C of this part, and final compliance shall be required as
expeditiously as practicable but no later than the compliance times
specified in subpart C of this part.
(d) Where the Administrator has determined that a designated
pollutant may cause or contribute to endangerment of public welfare but
that adverse effects on public health have not been demonstrated, States
may balance the emission guidelines, compliance times, and other
information provided in the applicable guideline document against other
factors of public concern in establishing emission standards, compliance
schedules, and variances. Appropriate consideration shall be given to
the factors specified in Sec. 60.22(b) and to information presented at
the public hearing(s) conducted under Sec. 60.23(c).
(e)(1) Any compliance schedule extending more than 12 months from
the date required for submittal of the plan must include legally
enforceable increments of progress to achieve compliance for each
designated facility or category of facilities. Unless otherwise
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specified in the applicable subpart, increments of progress must
include, where practicable, each increment of progress specified in
Sec. 60.21(h) and must include such additional increments of progress
as may be necessary to permit close and effective supervision of
progress toward final compliance.
(2) A plan may provide that compliance schedules for individual
sources or categories of sources will be formulated after plan
submittal. Any such schedule shall be the subject of a public hearing
held according to Sec. 60.23 and shall be submitted to the
Administrator within 60 days after the date of adoption of the schedule
but in no case later than the date prescribed for submittal of the first
semiannual report required by Sec. 60.25(e).
(f) Unless otherwise specified in the applicable subpart on a case-
by-case basis for particular designated facilities or classes of
facilities, States may provide for the application of less stringent
emissions standards or longer compliance schedules than those otherwise
required by paragraph (c) of this section, provided that the State
demonstrates with respect to each such facility (or class of
facilities):
(1) Unreasonable cost of control resulting from plant age, location,
or basic process design;
(2) Physical impossibility of installing necessary control
equipment; or
(3) Other factors specific to the facility (or class of facilities)
that make application of a less stringent standard or final compliance
time significantly more reasonable.
(g) Nothing in this subpart shall be construed to preclude any State
or political subdivision thereof from adopting or enforcing (1) emission
standards more stringent than emission guidelines specified in subpart C
of this part or in applicable guideline documents or (2) compliance
schedules requiring final compliance at earlier times than those
specified in subpart C or in applicable guideline documents.
(h) Each of the States identified in paragraph (h)(1) of this
section shall be subject to the requirements of paragraphs (h)(2)
through (7) of this section.
(1) Alaska, Alabama, Arkansas, Arizona, California, Colorado,
Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the
District of Columbia shall each, and, if approved for treatment as a
State under part 49 of this chapter, the Navajo Nation and the Ute
Indian Tribe may each, submit a State plan meeting the requirements of
paragraphs (h)(2) through (7) of this section and the other applicable
requirements for a State plan under this subpart.
(2) The State's State plan under paragraph (h)(1) of this section
must be submitted to the Administrator by no later than November 17,
2006. The State shall deliver five copies of the State plan to the
appropriate Regional Office, with a letter giving notice of such action.
(3) The State's State plan under paragraph (h)(1) of this section
shall contain emission standards and compliance schedules and
demonstrate that they will result in compliance with the State's annual
electrical generating unit (EGU) mercury (Hg) budget for the appropriate
periods. The amount of the annual EGU Hg budget, in tons of Hg per year,
shall be as follows, for the indicated State for the indicated period:
------------------------------------------------------------------------
Annual EGU Hg budget
(tons)
State -------------------------
2018 and
2010-2017 thereafter
------------------------------------------------------------------------
Alaska........................................ 0.010 0.004
Alabama....................................... 1.289 0.509
Arkansas...................................... 0.516 0.204
Arizona....................................... 0.454 0.179
California.................................... 0.041 0.016
Colorado...................................... 0.706 0.279
Connecticut................................... 0.053 0.021
Delaware...................................... 0.072 0.028
Florida....................................... 1.232 0.487
Georgia....................................... 1.227 0.484
Hawaii........................................ 0.024 0.009
Iowa.......................................... 0.727 0.287
Illinois...................................... 1.594 0.629
Indiana....................................... 2.097 0.828
Kansas........................................ 0.723 0.285
Kentucky...................................... 1.525 0.602
Louisiana..................................... 0.601 0.237
Massachusetts................................. 0.172 0.068
Maryland...................................... 0.490 0.193
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Maine......................................... 0.001 0.001
Michigan...................................... 1.303 0.514
Minnesota..................................... 0.695 0.274
Missouri...................................... 1.393 0.550
Mississippi................................... 0.291 0.115
Montana....................................... 0.377 0.149
Navajo Nation................................. 0.600 0.237
North Carolina................................ 1.133 0.447
North Dakota.................................. 1.564 0.617
Nebraska...................................... 0.421 0.166
New Hampshire................................. 0.063 0.025
New Jersey.................................... 0.153 0.060
New Mexico.................................... 0.299 0.118
Nevada........................................ 0.285 0.112
New York...................................... 0.393 0.155
Ohio.......................................... 2.056 0.812
Oklahoma...................................... 0.721 0.285
Oregon........................................ 0.076 0.030
Pennsylvania.................................. 1.779 0.702
South Carolina................................ 0.580 0.229
South Dakota.................................. 0.072 0.029
Tennessee..................................... 0.944 0.373
Texas......................................... 4.656 1.838
Utah.......................................... 0.506 0.200
Ute Indian Tribe.............................. 0.060 0.024
Virginia...................................... 0.592 0.234
Washington.................................... 0.198 0.078
Wisconsin..................................... 0.890 0.351
West Virginia................................. 1.394 0.550
Wyoming....................................... 0.952 0.376
-------------------------
Total..................................... 38.000 15.000
------------------------------------------------------------------------
(4) Each State plan under paragraph (h)(1) of this section shall
require EGUs to comply with the monitoring, record keeping, and
reporting provisions of part 75 of this chapter with regard to Hg mass
emissions.
(5) In addition to meeting the requirements of Sec. 60.26, each
State plan under paragraph (h)(1) of this section must show that the
State has legal authority to:
(i) Adopt emissions standards and compliance schedules necessary for
attainment and maintenance of the State's relevant annual EGU Hg budget
under paragraph (h)(3) of this section; and
(ii) Require owners or operators of EGUs in the State to meet the
monitoring, record keeping, and reporting requirements described in
paragraph (h)(4) of this section.
(6)(i) Notwithstanding the provisions of paragraphs (h)(3) and
(5)(i) of this section, if a State adopts regulations substantively
identical to subpart HHHH of this part (Hg Budget Trading Program),
incorporates such subpart by reference into its regulations, or adopts
regulations that differ substantively from such subpart only as set
forth in paragraph (h)(6)(ii) of this section, then such allowance
system in the State's State plan is automatically approved as meeting
the requirements of paragraph (h)(3) of this section, provided that the
State demonstrates that it has the legal authority to take such action
and to implement its responsibilities under such regulations. Before
January 1, 2009, a State's regulations shall be considered to be
substantively identical to subpart HHHH of this part, or differing
substantively only as set forth in paragraph (h)(6)(ii) of this section,
regardless of whether the State's regulations include the definition of
``Biomass'', paragraph (3) of the definition of ``Cogeneration unit'',
and the second sentence of the definition of ``Total energy input'' in
Sec. 60.4102 of this chapter promulgated on October 19, 2007, provided
that the State timely submits to the Administrator a State plan that
revises the State's regulations to include such provisions. Submission
to the Administrator of a State plan that revises the State's
regulations to include such provisions shall be considered timely if the
submission is made by January 1, 2010.
(ii) If a State adopts an allowance system that differs
substantively from subpart HHHH of this part only as follows, then the
emissions trading program is approved as set forth in paragraph
(h)(6)(i) of this section.
(A) The State may decline to adopt the allocation provisions set
forth in Sec. Sec. 60.4141 and 60.4142 and may instead adopt any
methodology for allocating Hg allowances.
(B) The State's methodology under paragraph (h)(6)(ii)(A) of this
section must not allow the State to allocate Hg allowances for a year in
excess of the amount in the State's annual EGU Hg budget for such year
under paragraph (h)(3) of this section;
(C) The State's methodology under paragraph (h)(6)(ii)(A) of this
section must require that, for EGUs commencing operation before January
1, 2001, the State will determine, and notify the Administrator of, each
unit's allocation of Hg allowances by November 17, 2006 for 2010, 2011,
and 2012 and by October 31, 2009 and October 31 of
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each year thereafter for the fourth year after the year of the
notification deadline; and
(D) The State's methodology under paragraph (h)(6)(ii)(A) of this
section must require that, for EGUs commencing operation on or after
January 1, 2001, the State will determine, and notify the Administrator
of, each unit's allocation of Hg allowances by October 31 of the year
for which the Hg allowances are allocated.
(7) If a State adopts an allowance system that differs substantively
from subpart HHHH of this part, other than as set forth in paragraph
(h)(6)(ii) of this section, then such allowance system is not
automatically approved as set forth in paragraph (h)(6)(i) or (ii) of
this section and will be reviewed by the Administrator for approvability
in accordance with the other provisions of paragraphs (h)(2) through (5)
of this section and the other applicable requirements for a State plan
under this subpart, provided that the Hg allowances issued under such
allowance system shall not, and the State plan under paragraph (h)(1) of
this section shall state that such Hg allowances shall not, qualify as
Hg allowances under any allowance system approved under paragraph
(h)(6)(i) or (ii) of this section.
(8) The terms used in this paragraph (h) shall have the following
meanings:
Administrator means the Administrator of the United States
Environmental Protection Agency or the Administrator's duly authorized
representative.
Allocate or allocation means, with regard to Hg allowances, the
determination of the amount of Hg allowances to be initially credited to
a source.
Biomass means--(1) Any organic material grown for the purpose of
being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into
energy; or
(3) Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
nonmerchantable material, and that is;
(i) A forest-related organic resource, including mill residues,
precommercial thinnings, slash, brush, or byproduct from conversion of
trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
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.
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.
Coal means any solid fuel classified as anthracite, bituminous,
subbituminous, or lignite by the American Society of Testing and
Materials (ASTM) Standard Specification for Classification of Coals by
Rank D388-77, 90, 91, 95, 98a, or 99 (Reapproved 2004) [egr]\1\
(incorporated by reference, see Sec. 60.17).
Coal-derived fuel means any fuel (whether in a solid, liquid, or
gaseous state) produced by the mechanical, thermal, or chemical
processing of coal.
Coal-fired means combusting any amount of coal or coal-derived fuel,
alone or in combination with any amount of any other fuel, during any
year.
Cogeneration unit means a stationary, coal-fired boiler or
stationary, coal-fired combustion turbine:
(1) Having equipment used to produce electricity and useful thermal
energy for industrial, commercial, heating, or cooling purposes through
the sequential use of energy; and
(2) Producing during the 12-month period starting on the date the
unit first produces electricity and during any calendar year after which
the unit first produces electricity:
(i) For a topping-cycle cogeneration unit,
(A) Useful thermal energy not less than 5 percent of total energy
output; and
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(B) 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.
(ii) For a bottoming-cycle cogeneration unit, useful power not less
than 45 percent of total energy input;
(3) Provided that the total energy input under paragraphs (2)(i)(B)
and (2)(ii) of this definition shall equal the unit's total energy input
from all fuel except biomass if the unit is a boiler.
Combustion turbine means:
(1) An enclosed device comprising a compressor, a combustion, and a
turbine and in which the flue gas resulting from the combustion of fuel
in the combustion passes through the turbine, rotating the turbine; and
(2) If the enclosed device under paragraph (1) of this definition is
combined cycle, any associated heat recovery steam generator and steam
turbine.
Commence operation means to have begun any mechanical, chemical, or
electronic process, including, with regard to a unit, start-up of a
unit's combustion chamber.
Electric generating unit or EGU means:
(1)(i) Except as provided in paragraphs (2) and (3) of this
definition, a stationary, coal-fired boiler or stationary, coal-fired
combustion turbine in the State serving at any time, since the later of
November 15, 1990 or the start-up of the unit's combustion chamber, a
generator with nameplate capacity of more than 25 megawatts electric
(MWe) producing electricity for sale.
(ii) If a stationary boiler or stationary combustion turbine that,
under paragraph (1)(i) of this definition, is not an electric generating
unit begins to combust coal or coal-derived fuel or to serve a generator
with nameplate capacity of more than 25 MWe producing electricity for
sale, the unit shall become an electric generating unit as provided in
paragraph (1)(i) of this definition on the first date on which it both
combusts coal or coal-derived fuel and serves such generator.
(2) A unit that meets the requirements set forth in paragraph
(2)(i)(A) of this definition shall not be an electric generating unit:
(i)(A) A unit that is an electric generating unit under paragraph
(1)(i) or (ii) of this definition:
(1) Qualifying as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
(2) Not serving at any time, since the later of November 15, 1990 or
the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electric output capacity or
219,000 megawatt-hours (MWh), whichever is greater, to any utility power
distribution system for sale.
(B) If a unit qualifies as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and
meets the requirements of paragraph (2)(i)(A) of this definition for at
least one calendar year, but subsequently no longer meets all such
requirements, the unit shall become an electric generating unit starting
on the earlier of January 1 after the first calendar year during which
the unit first no longer qualifies as a cogeneration unit or January 1
after the first calendar year during which the unit no longer meets the
requirements of paragraph (2)(i)(A)(2) of this definition.
(3) A ``solid waste incineration unit'' as defined in Clean Air Act
section 129(g)(1) combusting ``municipal waste'' as defined in Clean Air
Act section 129(g)(5) shall not be an electric generating unit if it is
subject to one of the following rules:
(i) An EPA-approved State plan for implementing subpart Cb of part
60 of this chapter, ``Emissions Guidelines and Compliance Times for
Large Municipal Waste Combustors That Are Constructed On or Before
September 20, 1994'';
(ii) Subpart Eb of part 60 of this chapter, ``Standards of
Performance for Large Municipal Waste Combustors for Which Construction
is Commenced After September 20, 1994 or for Which
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Modification or Reconstruction is Commenced After June 19, 1996'';
(iii) Subpart AAAA of part 60 of this chapter, ``Standards of
Performance for Small Municipal Waste Combustors for Which Construction
is Commenced After August 30, 1999 or for Which Modification or
Reconstruction is Commenced After June 6, 2001'';
(iv) An EPA-approved State Plan for implementing subpart BBBB of
part 60 of this chapter, ``Emission Guidelines and Compliance Times for
Small Municipal Waste Combustion Units Constructed On or Before August
30, 1999'';
(v) Subpart FFF of part 62 of this chapter, ``Federal Plan
Requirements for Large Municipal Waste Combustors Constructed On or
Before September 20, 1994; or
(vi) Subpart JJJ of 40 CFR part 62, ``Federal Plan Requirements for
Small Municipal Waste Combustion Units Constructed On or Before August
30, 1999''.
Generator means a device that produces electricity.
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 process includes, but is not
limited to, any on-site processing or treatment of fuel combusted at the
unit and any on-site emission controls).
Gross thermal energy means, with regard to a cogeneration unit,
useful thermal energy output plus, where such output is made available
for an industrial or commercial process, any heat contained in
condensate return or makeup water.
Heat input means, with regard to a specified period of time, the
product (in million British thermal units per unit time, MMBTU/time) of
the gross calorific value of the fuel (in Btu per pound, Btu/lb) divided
by 1,000,000 Btu/MMBTU and multiplied by the fuel feed rate into a
combustion device (in lb of fuel/time), as measured, recorded, and
reported to the Administrator by the Hg designated representative and
determined by the Administrator in accordance with Sec. Sec. 60.4170
through 60.4176 and excluding the heat derived from preheated combustion
air, reticulated flue gases, or exhaust from other sources.
Hg allowance means a limited authorization issued by the permitting
authority to emit one ounce of Hg during a control period of the
specified calendar year for which the authorization is allocated or of
any calendar year thereafter.
Life-of-the-unit, firm power 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 associated energy generated by any specified unit and pays
its proportional amount of such unit's total costs, pursuant to a
contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including
contracts that permit an election for early termination; or
(3) For a period no less 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 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
specified by the manufacturer of the unit, or, 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 per hour, 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.
Nameplate capacity means, starting from the initial installation of
a generator, the maximum electrical generating output (in MW) 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, starting from the
completion of any subsequent physical change in the generator resulting
in an increase in the
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maximum electrical generating output (in MW) 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 maximum amount as specified by the person conducting the
physical change.
Operator means any person who operates, controls, or supervises an
EGU or a source that includes an EGU and shall include, but not be
limited to, any holding company, utility system, or plant manager of
such EGU or source.
Ounce means 2.84 x 10\7\ micrograms.
Owner means any of the following persons:
(1) With regard to a Hg Budget source or a Hg Budget unit at a
source, respectively:
(i) Any holder of any portion of the legal or equitable title in a
Hg Budget unit at the source or the Hg Budget unit;
(ii) Any holder of a leasehold interest in a Hg Budget unit at the
source or the Hg Budget unit; or
(iii) Any purchaser of power from a Hg Budget unit at the source or
the Hg Budget unit under a life-of-the-unit, firm power contractual
arrangement; provided that, unless expressly provided for in a leasehold
agreement, owner shall 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) on the revenues or income from
such Hg Budget unit; or
(2) With regard to any general account, any person who has an
ownership interest with respect to the Hg allowances held in the general
account and who is subject to the binding agreement for the Hg
authorized account representative to represent the person's ownership
interest with respect to Hg allowances.
Potential electrical output capacity means 33 percent of a unit's
maximum design heat input, divided by 3,413 Btu per kilowatt-hour (Btu/
kWh), divided by 1,000 kWh per megawatt-hour (kWh/MWh), and multiplied
by 8,760 hr/yr.
Sequential use of energy means:
(1) For a topping-cycle cogeneration unit, the use of reject heat
from electricity production in a useful thermal energy application or
process; or
(2) For a bottoming-cycle cogeneration unit, the use of reject heat
from seful thermal energy application or process in electricity
production.
Source means all buildings, structures, or installations located in
one or more contiguous or adjacent properties under common control of
the same person or persons.
State means:
(1) For purposes of referring to a governing entity, one of the
States in the United States, the District of Columbia, or, if approved
for treatment as a State under part 49 of this chapter, the Navajo
Nation or Ute Indian Tribe that adopts the Hg Budget Trading Program
pursuant to Sec. 60.24(h)(6); or
(2) For purposes of referring to a geographic area, one of the
States in the United States, the District of Columbia, the Navajo Nation
Indian country, or the Ute Tribe Indian country.
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.
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. Each form of energy supplied
shall be measured by the lower heating value of that form of energy
calculated as follows:
LHV = HHV - 10.55(W + 9H)
Where:
LHV = lower heating value of fuel in Btu/lb,
HHV = higher heating value of fuel in Btu/lb,
W = Weight % of moisture in fuel, and
H = Weight % of hydrogen in fuel.
Total energy output means, with regard to a cogeneration unit, the
sum of useful power and useful thermal energy produced by the
cogeneration unit.
Unit means a stationary coal-fired boiler or a stationary coal-fired
combustion turbine.
Useful power means, with regard to a cogeneration unit, electricity
or mechanical energy made available for use, excluding any such energy
used in the
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power production process (which process includes, but is not limited to,
any on-site processing or treatment of fuel combusted at the unit and
any on-site emission controls).
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 heat application (e.g., space heating or domestic hot
water heating); or
(3) Used in a space cooling application (i.e., thermal energy used
by an absorption chiller).
Utility power distribution system means the portion of an
electricity grid owned or operated by a utility and dedicated to
delivering electricity to customers.
[40 FR 53346, Nov. 17, 1975, as amended at 60 FR 65414, Dec. 19, 1995;
65 FR 76384, Dec. 6, 2000; 70 FR 28649, May 18, 2005; 71 FR 33398, June
9, 2006; 72 FR 59204, Oct. 19, 2007]