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Applicable environmental requirements includes:

(1) Any standard, limitation, or other requirement established by or pursuant to Federal or State law (including any final order of any Federal or State Court) applicable to emissions of environmental pollutants (including air and water pollutants) or disposal of solid waste residues resulting from the use of coal or other alternate fuels, natural gas, or petroleum as a primary energy source or from the operation of pollution control equipment in connection with such use, taking into account any variance of law granted or issued in accordance with Federal law or in accordance with State law to the extent consistent with Federal law; and

(2) Any other standard, limitation, or other requirement established by, or pursuant to, the Clean Air Act, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, the Resource Conservation and Recovery Act of 1976, or the National Environmental Policy Act of 1969.

Base load powerplant means a powerplant, the electrical generation of which in kilowatt hours exceeds, for any 12-calendar-month period, such powerplant's design capacity multiplied by 3,500 hours.

Boiler means a closed vessel in which water is heated electrically or by the combustion of a fuel to produce steam of one percent or more quality.

Btu means British thermal unit. Capability to use alternate fuel, for the purposes of Title II prohibitions relating to construction of new powerplants, means the powerplant to be constructed:

(1) Has sufficient inherent design characteristics to permit the addition of equipment (including all necessary pollution devices) necessary to render such electric powerplant capable of using coal or another alternate fuel as its primary energy source; and

(2) Is not physically, structurally, or technologically precluded from using coal or another alternate fuel as its primary energy source.

Capability to use coal or another alternate fuel shall not be interpreted to require any such powerplant to be immediately able to use coal or another alternate fuel as its primary energy

source on its initial day of operation. In addition, the owner or operator of a baseload powerplant need not have adequate on-site space for either a coal gasifier or any facilities for handling coal or related fuels.

Certification means a document, signed by an official of the owner or op erator, notarized, and submitted to OFE, which declares that a new powerplant will have the "capability to use alternate fuel" (as defined herein).

Certifying powerplant means an existing powerplant whose owner or operator seeks to obtain a prohibition order against the use of natural gas or petroleum either totally or in a mixture with coal or an alternate fuel by filing a certification as to both the technical capability and financial feasibility of conversion to coal or another alternate fuel pursuant to section 301 of FUA, as amended.

Clean Air Act means the Clean Air Act, 42 U.S.C. 7401 et seq. (1970), as amended by Public Law 93 319, 88 Stat. 246, and Public Law 95-91, 91 Stat. 685.

Coal means anthracite, bituminous and sub-bituminous coal, lignite, and any fuel derivative thereof.

Cogeneration facility means an electric powerplant that produces:

(1) Electric power; and

(2) Any other form of useful energy (such as steam, gas or heat) that is, or will be used, for industrial, commercial, or space heating purposes. In addition, for purposes of this definition, electricity generated by the cogeneration facility must constitute more than five (5) percent and less than ninety (90) percent of the useful energy output of the facility.

NOTE-Any cogeneration facility selling or exchanging less than fifty percent (50%) of the facility's generated electricity is considered an industrial cogenerator and is exempt from the fuel use prohibitions of FUA.

Combined cycle unit means an electric power generating unit that consists of a combination of one or more combustion turbine units and one or more steam turbine units with a substantial portion of the required energy input of the steam turbine unit(s) provided by the exhaust gas from the combustion turbine unit(s).

Substantial amounts of supplemental by-product or other fuel were upgraded firing for a steam turbine or waste heat and sold instead of used as a fuel may 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 up Commercial 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. (i) Quality, where the cost of process Conference means an informal meeting (limited to upgrading the waste by- ing incident to any proceeding, beproduct to commercial quality), stor- tween DOE and any interested person. ing, 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 operatgregating the waste by-product into ing and capital, incurred over the esticommercial quantities through storing mated remaining useful life of an elecand distributing the waste by-product tric 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 produc- (42 U.S.C. 7101 et seq.) as implemented ing, upgrading to commercial quality, by Executive Order 12009 (42 FR 46267, storing, and distributing the fuel would September 15, 1977). not be covered by reasonably expected Design capability defined in section 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 (Btw 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 (Btuhr)

shall be the product of its nameplate rating, measured in kilowatts, and 3412 (Btu/kWh), divided by the combustion turbine-generator unit's design efficiency (decimal), adjusted for peaking service at an ambient temperature of 59 degrees Fahrenheit (15 degrees Celsius) at the unit's elevation. (The number 3412 converts kilowatt-hours (absolute) into Btu's (mean).)

(3) Combined cycle unit. The design fuel heat input rate of a combined cycle unit (Btu/hr) shall be the summation of the product of its generator's nameplate rating, measured in kilowatts, and 3412 (Btu/kWh), divided by the overall combustion turbine-generator unit's efficiency (decimal), adjusted for peaking service at an ambient temperature of 59 degrees Fahrenheit (15 degrees Celsius) and at the unit's evaluation, plus the product of the maximum fuel heat input to any supplemental heat recovery steam generator/ boiler in gallons or pounds per hour and the fuel's heat content. If the generator's nameplate does not have a rating measured in kilowatts, the product of the generator's kilowatt-amperes nameplate rating and power factor nameplate rating must be substituted for kilowatts. (The number 3412 converts kilowatt-hours (absolute) into Btu's (mean).)

Design capacity of a powerplant pursuant to section 103(a)(18) of FUA, is determined according to 18 CFR 287.101.

DOE or the Department means the United States Department of Energy, as defined in sections 201 and 301(a) of the DEOA, including the Secretary of Energy or his designee.

Duly authorized representative means a person who is authorized to appear before DOE in connection with a proceeding on behalf of a person interested in or aggrieved by that proceeding. Such appearance may include the submission of applications, petitions, requests, statements, memoranda of law, other documents, or of a personal appear ance, oral communication, or any other participation in a proceeding.

Electing power plant means an existing powerplant, which (1) has been issued a proposed prohibition order under former section 301 (b) or (c) of FUA prior to August 13, 1981, the date of enactment of the Omnibus Budget Rec

onciliation Act of 1981, Public Law 9735 (OBRA); and (2) files an election to continue the current prohibition order proceeding under provisions of the former section 301 of FUA, rather than under amended section 301 of FUA.1 Under the election provisions, an existing powerplant which has an order pending against it under section 2 of the Energy Supply and Environmental Coordination Act of 1974, as amended, 15 U.S.C. 791 et seq. (ESECA), as of August 13, 1981, may also elect to continue the current proceeding under section 2 of ESECA. Electing powerplants under ESECA are not included in the FUA definition of "electing powerplant”. Relevant regulations governing ESECA proceedings are found at 10 CFR part 303 and 305. These elections must have been filed with DOE by November 30, 1981 in the case of FUA orders and by January 14, 1982 in the case of ESECA orders. 01 E

Electric generating unit does not include:

(1) Any electric generating unit subject to the licensing jurisdiction of the Nuclear Regulatory Commission (NRC); and

(2) Any cogeneration facility from which less than 50 percent of the net annual electric power generation is sold or exchanged for resale. Excluded from 'sold or exchanged for resale' are sales or exchanges to or with an electric utility for resale by the utility to the cogenerating supplier, and sales or exchanges among owners of the cogeneration facility.

NOTE: For purposes of subparagraph (1) of this definition, OFE will not consider any unit located at a site subject to NRC's licensing authority to be jurisdictional for purposes of FUA.

Electric powerplant means any stationary electric generating unit consisting of (a) a boiler, (b) a gas turbine, or (c) a combined cycle unit which employs a generator to produce electric power for purposes of sale or exchange and has the design capabilityf consuming any fuel (or mixture thereof) at a fuel heat input rate of 100 million Btu's per hour or greater. In accordance with

The election provisions are published at 46 FR 48118 (October 1, 1981) and will not be codified in the Code of Federal Regulations.

section 103(a)(7)(C) of FUA, the Sec Interpretation means a written stateretary has determined that it is appro- ment issued by the DOE General Counpriate to exclude from this definition sel or his delegate, in response to a any unit which has a design capability written request, that applies the reguto consume any fuel (including any lations, rulings, and other precedents mixture thereof) that does not equal or previously issued by the DOE to the exceed 100 million Btu's per hour.

particular facts of a prospective or Electric Region is as defined in $500.3 completed act or transaction. of this part

Mcf means 1,000 cubic feet of natural Electric utility means any person, in gas. cluding any affiliate, or Federal agen Mirture, when used in relation to cy, which sells electric power.

fuels used in a unit, means a mixture of Emission offset means emission reduc petroleum or natural gas and an altertions as defined by EPA's regulations nate fuel, or a combination of such set forth at 40 CFR part 51, appendix S. fuels, used simultaneously or alter

EPA means the United States Envi nately in such unit. ronmental Protection Agency.

Natural gas means any fuel consisting ESECA means the Energy Supply and in whole or in part of natural gas, inEnvironmental Coordination Act of cluding components of natural gas such 1974, as amended, 15 U.S.C. 791 et seq. as methane and ethane; liquid petro

Existing powerplant means any power leum gas; synthetic gas derived from plant other than a new powerplant. petroleum or natural gas liquids; or

Federal Water Pollution Control Act any mixture of natural gas and synmeans the Federal Water Pollution thetic gas. Natural gas does not inControl Act, 33 U.S.C. 1251 et seq., as clude: amended.

(1) Gaseous waste by-products or FERC means the Federal Energy Reg waste gas specifically designated as an ulatory Commission.

alternate fuel in $500.2 of these regulaFirm means a parent company and tions; the consolidated or unconsolidated en (2) Natural gas which is commertities (if any) that it directly or indi- cially unmarketable, as defined in rectly controls.

these rules; Fluidized bed combustion means com- (3) Natural gas produced by the user bustion of fuel in connection with a bed from a well, the maximum efficient of inert material, such as limestone or production rate of which is less than dolomite, that is held in a fluid-like 250 million Btu's per day. For purposes state by the means of air or other gases of paragraph (3) of this definition: being passed through such materials.

(i) Produced by the user means: FTC means the Federal Trade Com (A) All gas produced by the well, mission.

when such gas is delivered for use in FUA means the Powerplant and In the user's facility through a gas delivdustrial Fuel Use Act of 1978, 42 U.S.C. ery, gathering, or transportation sys8301 et seq.

tem which could not deliver such gas Fuel Use Act means FUA.

to any other user; or Fuel use order means a directive is (B) Only that amount which repsued by OFE pursuant to $501.167 of resents the user's net working (minthese regulations.

eral) interest in the gas produced from Gas turbine means "combustion tur such well, where such gas is delivered bine".

for use in the user's facility through a High-priority user, for purposes of sub gas delivery, gathering, or transporsection 312(j) of FUA, means any resi tation system which could deliver such dential user of natural gas, or any com- gas to any other user. mercial user whose consumption of (ii) Maximum efficient production rate natural gas on peak day is less than 50 (MEPR) means that rate at which proMCF.

duction of natural gas may be susInternal combustion engine means a tained without damage to the reservoir heat engine in which the combustion or the rate which may be sustained that generates the heat takes place in without damage to the ultimate recovside the engine proper.

ery of oil or gas through the well.

(4) Occluded methane in coal seams within the meaning of section 107(c)(3) of the Natural Gas Policy Act of 1978 (NGPA);

(5) The following gas from wells spudded prior to January 1, 1990:

(i) Gas produced from geopressurized brine, within the meaning of section 107(c)(2) of the NGPA;

(ii) Gas produced from Devonian shale, within the meaning of section 107(c)(4) of the NGPA;

(iii) Gas produced from tight sands, as designated by the FERC in accordance with section 107(c)(5) of the NGPA; and

(iv) Other gases designated by FERC as "high-cost natural gas” in accordance with section 107(c)(5) of the NGPA, except as specifically designated as "natural gas" by OFE;

(6)(i) Synthetic gas derived from coal or other alternate fuel, the heat content of which is less than 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and 60° F; and

(ii) Commingled natural gas and synthetic gas derived from coal consumed as part of the necessary process of a major fuel burning installation used in the iron and steel industry, so long as the average annual Btu heat content of the commingled stream as consumed

(iv) All necessary permits, licenses, or approvals from appropriate Federal, State, and local agencies (including Indian tribes) have been obtained for construction and operation of the facilities for the manufacture of the synthetic gas involved, except that for purposes of the prohibition under section 201(2) of FUA against powerplants being constructed without the capability of using coal or another alternate fuel, only permits, licenses, and approvals for the construction of such synthetic gas facilities shall be required under this subparagraph, to be certified and documented; and

(8) A mixture of natural gas and an alternate fuel when such mixture is deliberately created for purposes of (i) Complying with a prohibition order issued pursuant to section 301(c) of the Act, or (ii) Qualifying for a fuel mixtures exemption under the Act, provided such exemption is granted.

NEPA means the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.

New electric powerplant means any electric powerplant: (1) That was not classified as existing under part 515 of this subchapter; (2) That was reconstructed, as defined in these rules under the definition of “reconstruction"; or (3) For which construction was begun after November 9, 1978.

NGPA means the Natural Gas Policy Act of 1978, 15 U.S.C. 3301 et seq.

Nonboiler means any powerplant which is not a boiler and consists of either a combustion turbine unit or combined cycle unit.

Notice of violation means a written statement issued to a person by DOE that states one or more alleged violations of the provisions of these regulations, any order issued pursuant thereto, or the Act.

OBRA means the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35.

OFE means the Office of Fossil Energy of OFE.

Offset means “emission offset".

Order means a final disposition, other than the issuance of a rule, issued by DOE pursuant to these regulations or the Act.

Person means any:

tion does not exceed 600 Btu's per cubic foot at 14.73 pounds per square inch (absolute) and 60° F;

(7) Mixtures of natural gas and synthetic gas derived from alternate fuels for which the person proposing to use the gas certifies to OFE that:

(i) He owns, or is entitled to receive at the point of manufacture, synthetic gas derived from alternate fuels;

(ii) He delivers, or arranges for the delivery of such synthetic gas to a pipeline which by transport or displacement is capable of delivering such synthetic gas, mixed with natural gas, to facilities owned by the user;

(iii) The total annual Btu content of the synthetic gas delivered to a pipeline is equal to or greater than the total annual Btu content of the natural gas delivered to the facilities owned by the user, plus the approximate total annual Btu content of any natural gas consumed or lost in transportation; and

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