# 97.902 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows:
*Acid Rain Program* means a multi-state SO<sub>2</sub> and NO<sub>X</sub> air pollution control and emission reduction program established by the Administrator under title IV of the Clean Air Act and parts 72 through 78 of this chapter.
*Administrator* means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator's duly authorized representative under this subpart.
*Allocate* or *allocation* means, with regard to Texas SO<sub>2</sub> Trading Program allowances, the determination by the Administrator, State, or permitting authority, in accordance with this subpart or any SIP revision submitted by the State approved by the Administrator, of the amount of such Texas SO<sub>2</sub> Trading Program allowances to be initially credited, at no cost to the recipient, to a Texas SO<sub>2</sub> Trading Program unit.
*Allowance Management System* means the system by which the Administrator records allocations, transfers, and deductions of Texas SO<sub>2</sub> Trading Program allowances under the Texas SO<sub>2</sub> Trading Program. Such allowances are allocated, recorded, held, transferred, or deducted only as whole allowances.
*Allowance Management System account* means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, holding, transfer, or deduction of Texas SO<sub>2</sub> Trading Program allowances.
*Allowance transfer deadline* means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a Texas SO<sub>2</sub> Trading Program allowance transfer must be submitted for recordation in a Texas SO<sub>2</sub> Trading Program source's compliance account in order to be available for use in complying with the source's Texas SO<sub>2</sub> Trading Program emissions limitation for such control period in accordance with §§ 97.906 and 97.924.
*Alternate designated representative* means, for a Texas SO<sub>2</sub> Trading Program source and each Texas SO<sub>2</sub> Trading Program unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to act on behalf of the designated representative in matters pertaining to the Texas SO<sub>2</sub> Trading Program. If the Texas SO<sub>2</sub> Trading Program source is also subject to the Acid Rain Program, CSAPR NO<sub>X</sub> Ozone Season Group 2 Trading Program, or CSAPR NO<sub>X</sub> Ozone Season Group 3 Trading Program, then this natural person shall be the same natural person as the alternate designated representative as defined in the respective program.
*Assurance account* means an Allowance Management System account, established by the Administrator under § 97.925(b)(3) for certain owners and operators of a group of one or more Texas SO<sub>2</sub> Trading Program sources and units, in which are held Texas SO<sub>2</sub> Trading Program allowances available for use for a control period in a given year in complying with the Texas SO<sub>2</sub> Trading Program assurance provisions in accordance with §§ 97.906 and 97.925.
*Authorized account representative* means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of Texas SO<sub>2</sub> Trading Program allowances held in the general account and, for a Texas SO<sub>2</sub> Trading Program source's compliance account, the designated representative of the source.
*Automated data acquisition and handling system* or *DAHS* means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
*Business day* means a day that does not fall on a weekend or a federal holiday.
*Clean Air Act* means the Clean Air Act, 42 U.S.C. 7401, *et seq.*
*Coal* means “coal” as defined in § 72.2 of this chapter.
*Commence commercial operation* means, with regard to a Texas SO<sub>2</sub> Trading Program unit, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation.
*Common designated representative* means, with regard to a control period in a given year, a designated representative where, as of July 1 immediately after the allowance transfer deadline for such control period, the same natural person is authorized under §§ 97.913(a) and 97.915(a) as the designated representative for a group of one or more Texas SO<sub>2</sub> Trading Program sources and units.
*Common designated representative's assurance level* means, with regard to a specific common designated representative and control period in a given year for which the State assurance level is exceeded as described in § 97.906(c)(2)(iii):
(1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of Texas SO<sub>2</sub> Trading Program allowances allocated for such control period under § 97.911, or deemed to have been allocated under paragraph (2) of this definition, to the group of one or more Texas SO<sub>2</sub> Trading Program units having the common designated representative for such control period multiplied by the sum for such control period of the Texas SO<sub>2</sub> Trading Program budget under § 97.910(a)(1) and the variability limit under § 97.910(b) and divided by the sum of the total amount of Texas SO<sub>2</sub> Trading Program allowances allocated for such control period under § 97.911, or deemed to have been allocated under paragraph (2) of this definition, to all Texas SO<sub>2</sub> Trading Program units;
(2) Provided that, in the case of a Texas SO<sub>2</sub> Trading Program unit that operates during, but has no amount of Texas SO<sub>2</sub> Trading Program allowances allocated under § 97.911 for, such control period, the unit shall be treated, solely for purposes of this definition, as being allocated the amount of Texas SO<sub>2</sub> Trading Program allowances shown for the unit in § 97.911(a)(1).
*Common designated representative's share* means, with regard to a specific common designated representative for a control period in a given year and the total amount of SO<sub>2</sub> emissions from all Texas SO<sub>2</sub> Trading Program units during such control period, the total tonnage of SO<sub>2</sub> emissions during such control period from the group of one or more Texas SO<sub>2</sub> Trading Program units having the common designated representative for such control period.
*Common stack* means a single flue through which emissions from 2 or more units are exhausted.
*Compliance account* means an Allowance Management System account, established by the Administrator for a Texas SO<sub>2</sub> Trading Program source under this subpart, in which any Texas SO<sub>2</sub> Trading Program allowance allocations to the Texas SO<sub>2</sub> Trading Program units at the source are recorded and in which are held any Texas SO<sub>2</sub> Trading Program allowances available for use for a control period in a given year in complying with the source's Texas SO<sub>2</sub> Trading Program emissions limitation in accordance with §§ 97.906 and 97.924.
*Continuous emission monitoring system* or *CEMS* means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO<sub>2</sub> emissions, stack gas volumetric flow rate, stack gas moisture content, and O<sub>2</sub> or CO<sub>2</sub> concentration (as applicable), in a manner consistent with part 75 of this chapter and §§ 97.930 through 97.935. The following systems are the principal types of continuous emission monitoring systems:
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A SO<sub>2</sub> monitoring system, consisting of a SO<sub>2</sub> pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of SO<sub>2</sub> emissions, in parts per million (ppm);
(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H<sub>2</sub>O;
(4) A CO<sub>2</sub> monitoring system, consisting of a CO<sub>2</sub> pollutant concentration monitor (or an O<sub>2</sub> monitor plus suitable mathematical equations from which the CO<sub>2</sub> concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO<sub>2</sub> emissions, in percent CO<sub>2</sub>; and
(5) An O<sub>2</sub> monitoring system, consisting of an O<sub>2</sub> concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O<sub>2</sub>, in percent O<sub>2</sub>.
*Control period* means the period starting January 1 of a calendar year, except as provided in § 97.906(c)(3), and ending on December 31 of the same year, inclusive.
*CSAPR NO*<sub>X</sub> *Ozone Season Group 2 Trading Program* means a multi-state NO<sub>X</sub> air pollution control and emission reduction program established in accordance with subpart EEEEE of this part and § 52.38(b)(1), (b)(2)(ii), and (b)(7) through (9), (13), (14), and (16) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(b)(7) or (8) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(b)(9) of this chapter), as a means of mitigating interstate transport of ozone and NO<sub>X.</sub>
*CSAPR NO*<sub>X</sub> *Ozone Season Group 3 Trading Program* means a multi-state NO<sub>X</sub> air pollution control and emission reduction program established in accordance with subpart GGGGG of this part and § 52.38(b)(1), (b)(2)(iii), and (b)(10) through (14) and (17) of this chapter (including such a program that is revised in a SIP revision approved by the Administrator under § 52.38(b)(10) or (11) of this chapter or that is established in a SIP revision approved by the Administrator under § 52.38(b)(12) of this chapter), as a means of mitigating interstate transport of ozone and NO<sub>X.</sub>
*Designated representative* means, for a Texas SO<sub>2</sub> Trading Program source and each Texas SO<sub>2</sub> Trading Program unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to represent and legally bind each owner and operator in matters pertaining to the Texas SO<sub>2</sub> Trading Program. If the Texas SO<sub>2</sub> Trading Program source is also subject to the Acid Rain Program, CSAPR NO<sub>X</sub> Ozone Season Group 2 Trading Program, or CSAPR NO<sub>X</sub> Ozone Season Group 3 Trading Program, then this natural person shall be the same natural person as the designated representative as defined in the respective program.
*Emissions* means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
*Excess emissions* means any ton of emissions from the Texas SO<sub>2</sub> Trading Program units at a Texas SO<sub>2</sub> Trading Program source during a control period in a given year that exceeds the Texas SO<sub>2</sub> Trading Program emissions limitation for the source for such control period.
*Fossil fuel* means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
*Fossil-fuel-fired* means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
*General account* means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
*Generator* means a device that produces electricity.
*Heat input* means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
*Heat input rate* means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
*Indian country* means “Indian country” as defined in 18 U.S.C. 1151.
*Life-of-the-unit, firm power contractual arrangement* means a unit participation power sales agreement under which a utility or industrial 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.
*Monitoring system* means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
*Nameplate capacity* means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation 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 maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
*Natural gas* means “natural gas” as defined in § 72.2 of this chapter.
*Natural person* means a human being, as opposed to a legal person, which may be a private (*i.e.,* business entity or non-governmental organization) or public (*i.e.,* government) organization.
*Nitrogen oxides* means all oxides of nitrogen except nitrous oxide (N<sub>2</sub>O), reported on an equivalent molecular weight basis as nitrogen dioxide (NO<sub>2</sub>).
*Operate* or *operation* means, with regard to a unit, to combust fuel.
*Operator* means, for a Texas SO<sub>2</sub> Trading Program source or a Texas SO<sub>2</sub> Trading Program unit at a source respectively, any person who operates, controls, or supervises a Texas SO<sub>2</sub> Trading Program unit at the source or the Texas SO<sub>2</sub> Trading Program unit and shall include, but not be limited to, any holding company, utility system, or plant manager of such source or unit.
*Owner* means, for a Texas SO<sub>2</sub> Trading Program source or a Texas SO<sub>2</sub> Trading Program unit at a source, any of the following persons:
(1) Any holder of any portion of the legal or equitable title in a Texas SO<sub>2</sub> Trading Program unit at the source or the Texas SO<sub>2</sub> Trading Program unit;
(2) Any holder of a leasehold interest in a Texas SO<sub>2</sub> Trading Program unit at the source or the Texas SO<sub>2</sub> Trading Program unit, 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 Texas SO<sub>2</sub> Trading Program unit; and
(3) Any purchaser of power from a Texas SO<sub>2</sub> Trading Program unit at the source or the Texas SO<sub>2</sub> Trading Program unit under a life-of-the-unit, firm power contractual arrangement.
*Permanently retired* means, with regard to a unit, a unit that is unavailable for service and that the unit's owners and operators do not expect to return to service in the future.
*Permitting authority* means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
*Receive* or *receipt of* means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
*Recordation, record,* or *recorded* means, with regard to Texas SO<sub>2</sub> Trading Program allowances, the moving of Texas SO<sub>2</sub> Trading Program allowances by the Administrator into, out of, or between Allowance Management System accounts, for purposes of allocation, transfer, or deduction.
*Reference method* means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
*Replacement, replace,* or *replaced* means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
*Serial number* means, for a Texas SO<sub>2</sub> Trading Program allowance, the unique identification number assigned to each Texas SO<sub>2</sub> Trading Program allowance by the Administrator.
*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. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
*State* means Texas.
*Submit* or *serve* means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
*Texas SO*<sub>2</sub>* Trading Program* means an SO<sub>2</sub> air pollution control and emission reduction program established in accordance with this subpart and 40 CFR 52.2312 (including such a program that is revised in a SIP revision approved by the Administrator), or established in a SIP revision approved by the Administrator, as a means of addressing the State's obligations with respect to BART, reasonable progress, and interstate visibility transport as those obligations relate to emissions of SO<sub>2</sub> from electricity generating units.
*Texas SO*<sub>2</sub>* Trading Program allowance* means a limited authorization issued and allocated by the Administrator under this subpart, or by a State or permitting authority under a SIP revision approved by the Administrator, to emit one ton of SO<sub>2</sub> during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the Texas SO<sub>2</sub> Trading Program.
*Texas SO*<sub>2</sub>* Trading Program allowance deduction* or *deduct Texas SO*<sub>2</sub>* Trading Program allowances* means the permanent withdrawal of Texas SO<sub>2</sub> Trading Program allowances by the Administrator from a compliance account (*e. g.,* in order to account for compliance with the Texas SO<sub>2</sub> Trading Program emissions limitation) or from an assurance account (*e. g.,* in order to account for compliance with the assurance provisions under §§ 97.906 and 97.925).
*Texas SO*<sub>2</sub>* Trading Program allowances held* or *hold Texas SO*<sub>2</sub>* Trading Program allowances* means the Texas SO<sub>2</sub> Trading Program allowances treated as included in an Allowance Management System account as of a specified point in time because at that time they:
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, Texas SO<sub>2</sub> Trading Program allowance transfer in accordance with this subpart; and
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, Texas SO<sub>2</sub> Trading Program allowance transfer in accordance with this subpart.
*Texas SO*<sub>2</sub>* Trading Program emissions limitation* means, for a Texas SO<sub>2</sub> Trading Program source, the tonnage of SO<sub>2</sub> emissions authorized in a control period by the Texas SO<sub>2</sub> Trading Program allowances available for deduction for the source under § 97.924(a) for such control period.
*Texas SO*<sub>2</sub>* Trading Program source* means a source that includes one or more Texas SO<sub>2</sub> Trading Program units.
*Texas SO*<sub>2</sub>* Trading Program unit* means a unit that is subject to the Texas SO<sub>2</sub> Trading Program under § 97.904.
*Unit* means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
*Unit operating day* means, with regard to a unit, a calendar day in which the unit combusts any fuel.
*Unit operating hour or hour of unit operation* means, with regard to a unit, an hour in which the unit combusts any fuel.
[82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49214, Aug. 12, 2020; 86 FR 23207, Apr. 30, 2021; 88 FR 36904, June 5, 2023]