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Air pollution control agency means any of the following:

(1) A single State agency designated as the official State air pollution control agency;

(2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution;

(3) A city, county, or other local government health authority or, in the case of any city, county, or other local unit of government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency; or

(4) An agency or two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution.

Alternate fuel means electricity or any fuel, other than natural gas or petroleum. The term includes, but is not limited to:

(1) Coal;
(2) Solar energy;

(3) Petroleum coke; shale oil; uranium; biomass, tar sands, oil-impregnated diatomaceous earth; municipal, industrial, agricultural wastes; wood; and renewable and geothermal energy sources (For purposes of this paragraph (3), the term industrial does not include refineries.);

(4) Liquid, solid or gaseous waste byproducts of refinery or industrial operations which are commercially unmarketable, either by reason of quality or quantity. (For purposes of this paragraph (4), the term waste by-product is defined as an unavoidable by-product of the industrial or refinery operation.) A waste by-product of a refinery or industrial operation is commercially unmarketable if it meets the criteria listed in the definition of "commercial unmarketability," set forth below;

(5) Any fuel derived from an alternate fuel; and

(6) Waste gases from industrial operations. (For purposes of this subsection, the term industrial does not include refineries.)


Sec. 500.1 Purpose and scope. 500.2 General definitions, 500.3 Electric regions-electric region

groupings for reliability measurements under the Powerplant and Industrial

Fuel Use Act of 1978. AUTHORITY: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. $7101 et seq.); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 U.S.C. 8301 et seq.); Energy Security Act, Pub. L.96-294, 94 Stat. 611 (42 U.S.C. 8701 et seq.); E.O. 1209, 42 FR 46267, September 15, 1977,

SOURCE: 46 FR 59884, Dec. 7, 1981, unless otherwise noted. OMB Control No.: 1903-0075. See 46 FR 63209, Dec. 31, 1981.

$500.1 Purpose and scope.

Unless otherwise expressly provided or the context clearly indicates otherwise, this section defines the terms used in these regulations. The use of the male gender is to include female; the use of singular to include plural. $500.2 General definitions.

For purposes of this part and parts 501-507 term(s):

Act means Powerplant and Industrial Fuel Use Act of 1978, 42 U.S.C. 8301 et seq.

Action means a prohibition by rule or order, in accordance with sections 301(b) and (c) of FUA; any order granting or denying an exemption in accordance with sections 211, 212, 311 and 312 of FUA; a modification or rescission of any such order, or rule; an interpretation; a notice of violation; a remedial order; an interpretive ruling; or a rulemaking undertaken by DOE.

Affiliate, when used in relation to person, means another person who controls, is controlled by, or is under common control, with such person.

Aggrieved, for purposes of administrative proceedings, describes and means a person (with an interest sought to be protected under FUA) who is adversely affected by an action proposed or undertaken by DOE.


Applicable environmental requirements source on its initial day of operation. includes:

In addition, the owner or operator of a (1) Any standard, limitation, or other baseload powerplant need not have aderequirement established by or pursuant quate on-site space for either a coal to Federal or State law (including any gasifier or any facilities for handling final order of any Federal or State coal or related fuels. Court) applicable to emissions of envi Certification means a

document, ronmental pollutants (including air signed by an official of the owner or opand water pollutants) or disposal of erator, notarized, and submitted to solid waste residues resulting from the OFE, which declares that a new poweruse of coal or other alternate fuels, plant will have the "capability to use natural gas, or petroleum as a primary alternate fuel" (as defined herein). energy source or from the operation of Certifying powerplant means an existpollution control equipment in connec ing powerplant whose owner or opertion with such use, taking into account ator seeks to obtain a prohibition order any variance of law granted or issued against the use of natural gas or petroin accordance with Federal law or in leum either totally or in a mixture accordance with State law to the ex

with coal or an alternate fuel by filing tent consistent with Federal law; and a certification as to both the technical (2) Any other standard, limitation, or

capability and financial feasibility of other requirement established by, or

conversion to coal or another alternate pursuant to, the Clean Air Act, the fuel pursuant to section 301 of FUA, as Federal Water Pollution Control Act,

amended. the Solid Waste Disposal Act, the Re

Clean Air Act means the Clean Air source Conservation and Recovery Act

Act, 42 U.S.C. 7401 et seq. (1970), as of 1976, or the National Environmental

amended by Public Law 93-319, 88 Stat. Policy Act of 1969.

246, and Public Law 95-91, 91 Stat. 685. Base load powerplant means a power

Coal means anthracite, bituminous plant, the electrical generation of

and sub-bituminous coal, lignite, and which in kilowatt hours exceeds, for

any fuel derivative thereof. any 12-calendar-month period, such

Cogeneration facility means an elecpowerplant's design capacity multi

tric powerplant that produces: plied by 3,500 hours.

(1) Electric power; and Boiler means a closed vessel in which

(2) Any other form of useful energy water is heated electrically or by the

(such as steam, gas or heat) that is, or combustion of a fuel to produce steam

will be used, for industrial, commerof one percent or more quality.

cial, or space heating purposes. In addiBtu means British thermal unit.

tion, for purposes of this definition, Capability to use alternate fuel, for the

electricity generated by the cogenera

more purposes of Title II prohibitions relat

tion facility must constitute ing to construction of new power

than five (5) percent and less than nineplants, means the powerplant to be

ty (90) percent of the useful energy outconstructed:

put of the facility. (1) Has sufficient inherent design NOTE— Any cogeneration facility selling or characteristics to permit the addition exchanging less than fifty percent (50%) of of equipment (including all necessary the facility's generated electricity is considpollution devices) necessary to render

ered an industrial cogenerator and is exempt such electric powerplant capable of

from the fuel use prohibitions of FUA. using coal or another alternate fuel as Combined cycle unit means an electric its primary energy source; and

power generating unit that consists of (2) Is not physically, structurally, or a combination of one or more combustechnologically precluded from using tion turbine units and one or more coal or another alternate fuel as its steam turbine units with a substantial primary energy source.

portion of the required energy input of Capability to use coal or another al the steam turbine unit(s) provided by ternate fuel shall not be interpreted to the exhaust gas from the combustion require any such powerplant to be im turbine unit(s). mediately able to use coal or another Substantial amounts of supplemental alternate fuel as its primary energy firing for a steam turbine or waste heat

boiler to improve thermal efficiency be taken into consideration. The actual will not affect a unit's classification as expense that would result from burning a combined cycle unit.

a replacement fuel in lieu of the byCombustion turbine means a unit that product or other fuel in question may is a rotary engine driven by a gas therefore be considered. The costs assounder pressure that is created by the ciated with using a replacement fuel combustion of any fuel.

are indirect costs that result from upCommercial unmarketability as used in grading and selling the fuel, instead of the definitions of "alternate fuel," burning it. These indirect costs as well "natural gas" and "petroleum” shall as the direct costs associated with the be determined as follows:

upgrading, storing, distributing, and (1) A waste by-product of industrial aggregating of by-products or other or refinery operations is commercially fuel may be considered in any assessunmarketable by reason of:

ment of commercial unmarketability. (1) Quality, where the cost of proc Conference means an informal meetessing (limited to upgrading the waste ing incident to any proceeding, beby-product to commercial quality), tween DOE and any interested person. storing, and distributing the waste by Construction means substantial physproduct would not be covered by rea ical activity at the unit site and insonably expected revenues from its cludes more than clearance of a site or sale;

installation of foundation pilings. (ii) Quantity, where the cost of ag Costs means total costs, both opergregating the waste by-product into ating and capital, incurred over the escommercial quantities through storing timated remaining useful life of an and distributing the waste by-product electric powerplant, discounted to the would not be covered by reasonably ex present, pursuant to rules established pected revenues from its sale.

in parts 503 and 504 of these regula(2) A fuel will not be classified as tions. "natural gas" when it is commercially DEOA means the Department of Enunmarketable by reason of:

ergy Organization Act (Pub. L. 95–91) (i) Quality, where the cost of pro (42 U.S.C. 7101 et seq.) as implemented ducing, upgrading to commercial qual by Executive Order 12009 (42 FR 46267, ity, storing, and distributing the fuel September 15, 1977). would not be covered by reasonably ex Design capability defined in section pected revenues from its sale; or

103(a)(7) of FUA, shall be determined as (ii) Quantity, where the quantities of follows: the fuel are so small that the revenues (1) Boiler and associated generator turto be reasonably expected from its sale bines. The design fuel heat input rate of would not cover the cost of its produc a steam-electric generating unit (Btu/ tion, distribution or storage.

hr) shall be the product of the genera(3) Costs associated with upgrading, tor's nameplate rating, measured in storing, distributing, and aggregating a kilowatts, and 3412 (Btu/kWh), divided by-product or other fuel (to determine by the overall boiler-turbine-generator if such fuel is natural gas) may prop unit design efficiency (decimal); or if erly include a reasonable rate of return the generator's nameplate does not on any capital investment required to have a rating measured in kilowatts, overcome the problems posed by the the product of the generator's kilovoltquality or quantity of a fuel because amperes nameplate rating, and the the return on investment is a normal power factor nameplate rating; and aspect of any investment decision. A 3412 (Btu/kWh), divided by the boiler firm may account for this reasonable turbine-generator unit's design effirate of return by using its customary ciency (decimal). The number 3412 discount rate for an investment of converts kilowatt-hours (absolute) into similar risk.

Btu's (mean).) (4) As part of any consideration of (2) Combustion turbine and associated the rate of return on investment, the generator. The design fuel heat input cost of replacing the Btu's lost if the rate of a combustion turbine (Btu/hr) by-product or other fuel were upgraded shall be the product of its nameplate and sold instead of used as a fuel may rating, measured in kilowatts, and 3412

(Btu/kWh), divided by the combustion continue the current prohibition order turbine-generator unit's design effi- proceeding under provisions of the ciency (decimal), adjusted for peaking former section 301 of FUA, rather than service at an ambient temperature of under amended section 301 of FUA.1 59 degrees Fahrenheit (15 degrees Cel Under the election provisions, an existsius) at the unit's elevation. (The num ing powerplant which has an order ber 3412 converts kilowatt-hours (abso- pending against it under section 2 of lute) into Btu's (mean).)

the Energy Supply and Environmental (3) Combined cycle unit. The design Coordination Act of 1974, as amended, fuel heat input rate of a combined 15 U.S.C. 791 et seq. (ESECA), as of Aucycle unit (Btu/hr) shall be the summa gust 13, 1981, may also elect to contion of the product of its generator's tinue the current proceeding under secnameplate rating, measured in kilo tion 2 of ESECA. Electing powerplants watts, and 3412 (Btu/kWh), divided by under ESECA are not included in the the overall combustion turbine-gener

FUA definition of "electing powerator unit's efficiency (decimal), ad plant”. Relevant regulations governing justed for peaking service at an ambi ESECA proceedings are found at 10 ent temperature of 59 degrees Fahr CFR part 303 and 305. These elections enheit (15 degrees Celsius) and at the

must have been filed with DOE by Nounit's evaluation, plus the product of vember 30, 1981 in the case of FUA orthe maximum fuel heat input to any

ders and by January 14, 1982 in the case supplemental heat recovery steam gen

of ESECA orders. erator/boiler in gallons or pounds per

Electric generating unit does not inhour and the fuel's heat content. If the

clude: generator's nameplate does not have a

(1) Any electric generating unit subrating measured in kilowatts, the prod

ject to the licensing jurisdiction of the uct of the generator's kilowatt-am

Nuclear Regulatory Commission peres nameplate rating and power fac (NRC); and tor nameplate rating must be sub

(2) Any cogeneration facility from stituted for kilowatts. (The number

which less than 50 percent of the net 3412 converts kilowatt-hours (absolute)

annual electric power generation is into Btu's (mean).)

sold or exchanged for resale. Excluded Design capacity of a powerplant pur

from 'sold or exchanged for resale' are suant to section 103(a)(18) of FUA, is

sales or exchanges to or with an elecdetermined according to 18 CFR 287.101.

tric utility for resale by the utility to DOE or the Department means the

the cogenerating supplier, and sales or United States Department of Energy,

exchanges among owners of the cogenas defined in sections 201 and 301(a) of

eration facility. the DEOA, including the Secretary of NOTE: For purposes of subparagraph (1) of Energy or his designee.

this definition, OFE will not consider any Duly authorized representative means a unit located at a site subject to NRC's liperson who is authorized to appear be censing authority to be jurisdictional for fore DOE in connection with a pro

purposes of FUA. ceeding on behalf of a person interested Electric powerplant means any stain or aggrieved by that proceeding. tionary electric generating unit conSuch appearance may include the sub sisting of (a) a boiler, (b) a gas turbine, mission of applications, petitions, re or (c) a combined cycle unit which emquests, statements, memoranda of law, ploys a generator to produce electric other documents, or of a personal ap power for purposes of sale or exchange pearance, oral communication, or any and has the design capabilityf conother participation in a proceeding. suming any fuel (or mixture thereof) at

Electing powerplant means an existing a fuel heat input rate of 100 million powerplant, which (1) has been issued a Btu's per hour or greater. In accordproposed

prohibition order under ance with section 103(a)(7)(C) of FUA, former section 301 (b) or (c) of FUA the Secretary has determined that it is prior to August 13, 1981, the date of enactment of the Omnibus Budget Rec 1 The election provisions are published at onciliation Act of 1981, Public Law 97 46 FR 48118 (October 1, 1981) and will not be 35 (OBRA); and (2) files an election to codified in the Code of Federal Regulations.

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