Sec. 26.11.28.01. Definitions  


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  • A. In this chapter, the following terms have the meanings indicated.

    B. Terms Defined.

    (1) “CSAPR” means the federal Cross-State Air Pollution Rule promulgated under §110 of the federal Clean Air Act.

    (2) “CSAPR NOx Annual Trading Program” means a multi-state NOx air pollution control and emission reduction program established in accordance with 40 CFR Part 97, Subpart AAAAA, as published July 1, 2017, and 40 CFR §52.38(a) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR §52.38(a)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 CFR §52.38(a)(5)), as a means of mitigating interstate transport of fine particulates and NOx.

    (3) “CSAPR NOx Ozone Season Group 2 Trading Program” means a multi-state NOx air pollution control and emission reduction program established in accordance with 40 CFR Part 97, Subpart EEEEE, as published July 1, 2017, and 40 CFR §52.38(b)(1), (2)(iii), (7)-(11), and (13) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR §52.38(b)(7) or (8) or that is established in a SIP revision approved by the Administrator under 40 CFR §52.38(b)(9)), as a means of mitigating interstate transport of ozone and NOx.

    (4) “CSAPR SO2 Group 1 Trading Program” means a multi-state SO2 air pollution control and emission reduction program established in accordance with 40 CFR Part 97, Subpart CCCCC, as published July 1, 2017, and 40 CFR §52.39(a), (b), (d)-(f), and (j)-(l) (including such a program that is revised in a SIP revision approved by the Administrator under 40 CFR §52.39(f)), as a means of mitigating interstate transport of fine particulates and SO2.

    (5) “CSAPR Update” means the federal Cross-State Air Pollution Update Rule promulgated under §110 of the federal Clean Air Act.

    (6) “Existing unit” for the purpose of allocation means:

    (a) A unit under the CSAPR NOx Annual Trading Program or the CSAPR SO2 Group 1 Trading Program that commenced commercial operation prior to January 1, 2010.

    (b) A unit under the CSAPR NOx Ozone Season Group 2 Trading Program that commenced commercial operation prior to January 1, 2015.

    (7) “New unit” for the purpose of allocation means any unit that is not an existing unit.