250 R.I. Code R. 250-RICR-120-05-46.5

Current through December 26, 2024

Section 250-RICR-120-05-46.5 - Definitions

A. Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:

1. "Account number" means the identification number given by the Department or its agent to each CO₂ Allowance Tracking System account.

2. "Acid rain emissions limitation" means, a limitation on emissions of sulfur dioxide or nitrogen oxides under 42 U.S.C. §§ 7651 - 7651o (CAA §§401-416), as defined in 40 C.F.R. § 72.2.

3. "Acid rain program" means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under 42 U.S.C. §§ 7651 - 7651o (CAA §§401-416) and 40 C.F.R. §§ 72through 78.

4. "Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's authorized representative.

5. "Agent" means an independent contractor, United States Environmental Protection Agency (USEPA), consumer trustee, or other entity including a regional entity.

6. "Allocate" or "allocation" means the determination by the Department of the number of CO₂ allowances to be recorded in the Voluntary Renewable Energy Market Set-aside Account or the Rhode Island Auction/Sale Account.

7. "Allocation year" means a calendar year for which the Department allocates CO₂ allowances pursuant to § 46.8 of this Part. The allocation year of each CO₂ allowance is reflected in the unique identification number given to the allowance pursuant to §46.12.4(A) of this Part.

8. "Allowance auction" or "auction" means an auction in which the Department or its agent offers CO₂ allowances for sale.

9. "Attribute" means a characteristic associated with electricity generated using a particular renewable fuel, such as its generation date, facility geographic location, unit vintage, emissions output, fuel, state program eligibility, or other characteristic that can be identified, accounted for, and tracked.

10. "Attribute credit" means the attributes related to one megawatt-hour of electricity generation.

11. "Automated data acquisition and handling system" or "DAHS" means that component of the continuous emissions monitoring system, or other emissions monitoring system approved for use under §§ 46.13 and 46.14 of this Part, which is 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 §§ 46.13 and 46.14 of this Part.

12. "Billing meter" means a measurement device used to measure electric or thermal output for commercial billing under a contract where the facility selling the electric or thermal output has different owners from the owners of the party purchasing the electric or thermal output.

13. "Biogas" means the gas resulting from the decomposition of organic matter under anaerobic conditions. The principle constituents of which are methane and carbon dioxide.

14. "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.

15. "British thermal unit" or "Btu" means the amount of heat required to raise the temperature of one pound of water one degree Fahrenheit.

16. "CO₂" means carbon dioxide.

17. "CO₂ allowance" means a limited authorization by the Department or a participating state under the CO₂ Budget Trading Program to emit up to one ton of CO₂, subject to all applicable limitations contained in this regulation.

18. "CO₂ allowance deduction" or "deduct CO₂ allowances" means the permanent withdrawal of CO₂ allowances, by the Department or its agent, from a CO₂ Allowance Tracking System Compliance Account to account for the number of tons of CO₂ emitted from a CO₂ budget source for a control period or an interim control period, determined in accordance with §§ 46.13 and 46.14 of this Part, or for the forfeit or retirement of CO₂allowances as provided by this regulation.

19. "CO₂ allowances held" or "hold CO₂ allowances" means the CO₂allowances, recorded by the Department or its agent or submitted to the Department or its agent for recordation in a CO₂ Allowance Tracking System account in accordance with §§ 46.11 and 46.12 of this Part.

20. "CO₂ allowance tracking system" or "COATS" means the system by which the Department or its agent records allocations, deductions, and transfers of CO₂ allowances under the CO₂ Budget Trading Program. The tracking system may also be used to track CO₂ emissions offset projects, CO₂ allowance prices and emissions from affected sources.

21. "CO₂ allowance tracking system account" means an account in the CO₂ Allowance Tracking System, established by the Department or its agent, for purposes of recording the allocation, holding, transferring, or deducting of CO₂ allowances.

22. "CO₂ allowance transfer deadline" means midnight of the March 1 occurring after the end of the relevant control period and each relevant interim control period or, if that March 1 is not a business day, midnight of the first business day thereafter and is the deadline by which CO₂ allowances must be submitted for recordation in a CO₂ budget source's compliance account in order for the source to meet the CO₂ requirements for the control period and each interim control period immediately preceding such deadline under § 46.7(A) of this Part.

23. "CO₂ authorized account representative" means:

a. For a CO₂ budget source and each CO₂ budget unit at the source, the natural person who is authorized by the owners and operators of the source and all CO₂ budget units at the source to represent and legally bind each owner and operator in matters pertaining to the CO2 Budget Trading Program in accordance with § 46.9 of this Part.

b. For a general account, the natural person who is authorized, under § 46.12 of this Part, to transfer or otherwise dispose of CO₂ allowances held in the general account. If the CO₂ budget source is also subject to the Acid Rain Program, CSAPR NOx Annual Trading Program, CSAPR NOx Ozone Season Trading Program, CSAPR SO₂ Group 1 Trading Program or CSAPR SO₂ Group 2 Trading Program; then for a CO₂ Budget Trading program compliance account, this natural person shall be the same person as the designated representative as defined in the respective program.

24. "CO₂ authorized alternate account representative" means:

a. For a CO₂ budget source and each CO₂ budget unit at the source, the alternate natural person who is authorized by the owners and operators of the source and all CO₂ budget units at the source to represent and legally bind each owner and operator in matters pertaining to the CO₂ Budget Trading Program in accordance with § 46.9 of this Part.

b. For a general account, the alternate natural person who is authorized, under § 46.12 of this Part, to transfer or otherwise dispose of CO₂ allowances held in the general account. If the CO₂budget source is also subject to the Acid Rain Program, CSAPR NOx Annual Trading Program, CSAPR NOx Ozone Season Trading Program, CSAPR SO₂ Group 1 Trading Program or CSAPR SO₂ Group 2 Trading Program then for a CO₂ Budget Trading Program compliance account, this alternate natural person shall be the same person as the alternate designated representative as defined in the respective program.

25. "CO₂ budget emissions limitation" means the tonnage equivalent, in CO₂emissions, in a control period or an interim control period, of the CO₂ allowances available for compliance deduction for the CO₂ budget source for a control period or an interim control period.

26. "CO₂ budget permit" means the legally binding written document or portion of a 42 U.S.C. §§ 7661 - 7661f (CAA §§501-507) operating permit, issued by the Department under this regulation, to a CO₂ budget source or CO₂ budget unit that specifies the CO₂ Budget Trading Program requirements applicable to the CO₂ budget source, to each CO₂ budget unit at the CO₂budget source, and to the owners and operators and the CO₂ authorized account representative of the CO₂ budget source and each CO₂ budget unit.

27. "CO₂ budget source" means a source that includes one or more CO₂ budget units.

28. "CO₂ budget trading program" means a multi-state CO₂ emissions reduction program established, pursuant to this regulation and corresponding regulations in other states, as a means of reducing emissions of CO₂ from CO₂ budget sources.

29. "CO₂ budget unit" means a unit that is subject to the CO₂ Budget Trading Program requirements under § 46.6 of this Part.

30. "CO₂ cost containment reserve allowance" or "CO₂ CCR allowance" means a CO₂ allowance that is offered for sale at an auction by the Department or its agent for the purpose of containing the cost of CO₂allowances. CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the Rhode Island CO₂ Budget Trading Program base and adjusted budgets. CO₂ CCR allowances are subject to all applicable limitations contained in this regulation.

31. "CO₂ cost containment reserve trigger price," or "CCR trigger price" means the minimum price at which CO₂ CCR allowances are offered for sale by the Department or its agent at an auction. The CCR trigger price shall be $10.00 per CO₂ allowance in calendar year 2017. Each calendar year thereafter, through 2020, the CCR trigger price shall be 1.025 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent. The CCR trigger price in calendar year 2021 shall be $13.00. Each calendar year thereafter, the CCR trigger price shall be 1.07 multiplied by the CCR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in § 46.5(A)(31)(a) of this Part (Table 1).

a. Table 1

CO₂ CCR Trigger Price
2018	2019	2020	2021	2022	2023	2024	2025	2026	2027	2028	2029	2030
$10.25	$10.51	$10.77	$13.00	$13.91	$14.88	$15.92	$17.03	$18.22	$19.50	$20.87	$22.33	$23.89

32. "CO₂ emissions containment reserve allowance" or "CO₂ ECR allowance" means a CO₂ allowance that is withheld from sale at an auction by the Department or its agent for the purpose of additional emission reduction in the event of lower than anticipated emission reduction costs.

33. "CO₂ emissions containment reserve trigger price" or "ECR trigger price" means the price below which CO₂ allowances will be withheld from sale by the Department or its agent at an auction. The ECR trigger price in calendar year 2021 shall be $6.00. Each calendar year thereafter, the ECR trigger price shall be 1.07 multiplied by the ECR trigger price from the previous calendar year, rounded to the nearest whole cent, as shown in § 46.5(A)(33)(a) of this Part (Table 2).

a. Table 2

CO₂ ECR Trigger Price
2021	2022	2023	2024	2025	2026	2027	2028	2029	2030
$ 6.00	$ 6.42	$ 6.87	$ 7.35	$ 7.86	$ 8.41	$ 9.00	$ 9.63	$10.30	$11.02

34. "CO₂ offset allowance" means a CO₂ allowance that is awarded to the sponsor of a CO₂ emissions offset project, and is subject to the relevant compliance deduction limitations of §46.12.5(A)(1)(c) of this Part.

35. "Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

36. "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor (if applicable), a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

37. "Commence commercial operation" means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. For a unit that is a CO₂ budget unit on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO₂ budget unit on the date the unit commences commercial operation, the date the unit becomes a CO₂ budget unit shall be the unit's date of commencement of commercial operation.

38. "Commence operation" means to have begun any mechanical, chemical, or electronic process, including, start-up of a unit's combustion chamber. For a unit that is a CO₂ budget unit on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. For a unit that is not a CO₂ budget unit on the date of commencement of operation, the date the unit becomes a CO₂ budget unit shall be the unit's date of commencement of operation.

39. "Compliance account" means a CO₂ Allowance Tracking System account, established by the Department or its agent, for a CO₂ budget source under § 46.12 of this Part, in which the CO₂ allowances for the source are held and available for use by the source for a control period and each interim control period for the purpose of meeting the CO₂ requirements of § 46.7(A) of this Part.

40. "Continuous emissions monitoring system" or "CEMS" means the equipment required under § 46.12 of this Part to sample, analyze, measure, and provide, by means of readings recorded at least once every fifteen (15) minutes (using an automated DAHS) and a permanent record of stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with §§ 46.13 and 46.14 of this Part and with 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part.

41. "Control period" means a three-calendar-year period. The first control period is from January 1, 2009 to December 31, 2011, inclusive. Each subsequent, sequential three-calendar-year period is a separate control period. The first two (2) calendar years of each control period are each defined as an interim control period, beginning on January 1, 2015.

42. "Cross state air pollution rule NOx annual trading program" or "CSAPR NOx annual trading program" means a multi-state NOx air pollution control and emission reduction program established in accordance with 40 C.F.R. § 97, subpart AAAAA and 40 C.F.R. § 52.38(a), including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(a)(5), as a means of mitigating interstate transport of fine particulates and NOx.

43. "Cross state air pollution rule NOx ozone season trading program" or "CSAPR NOx ozone season trading program" means a multi-state NOx air pollution control and emission reduction program established in accordance with 40 C.F.R. § 97, subpart BBBBB and 40 C.F.R. § 52.38(b), including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(b)(3) or (4) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.38(b)(5), as a means of mitigating interstate transport of ozone and NOx.

44. "Cross state air pollution rule SO₂ Group 1 Trading Program" or "CSAPR SO₂ group 1 trading program" means a multi-state SO₂ air pollution control and emission reduction program established in accordance with 40 C.F.R. § 97, subpart CCCCC and 40 C.F.R. § 52.39(a), (b), (d) through (f), (j), and (k), including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(d) or (e) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(f),as a means of mitigating interstate transport of fine particulates and SO₂.

45. "Cross state air pollution rule SO₂ group 2 trading program" or "CSAPR SO₂ group 2 trading program" means a multi-state SO₂ air pollution control and emission reduction program established in accordance with 40 C.F.R. § 97, subpart DDDDD and 40 C.F.R. § 52.39(a), (c), and (g) through (k), including such a program that is revised in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(g) or (h) or that is established in a SIP revision approved by the Administrator under 40 C.F.R. § 52.39(i), as a means of mitigating interstate transport of fine particulates and SO₂.

46. "Eligible biomass" means sustainably harvested, woody, and herbaceous fuel sources that are available on a renewable or recurring basis (excluding old-growth timber), including dedicated energy crops and trees, agricultural food and feed crop residues, aquatic plants, unadulterated wood and wood residues, animal wastes, other clean organic wastes not mixed with other solid wastes, and biogas derived from such fuel sources. Liquid biofuels do not qualify as eligible biomass. Sustainably harvested will be determined by the Department.

47. "Excess emissions" means any tonnage of CO₂ emitted by a CO₂ budget source during a control period that exceeds the CO₂ budget emissions limitation for the source.

48. "Excess interim emissions" means any tonnage of CO₂ emitted by a CO₂ budget source during an interim control period multiplied by 0.50 that exceeds the CO₂ budget emissions limitation for the source.

49. "First control period adjustment for banked allowances" means an adjustment applied to the Rhode Island CO₂ Budget Trading Program base budget for allocation years 2014 through 2020 to address the surplus allocation year 2009, 2010, and 2011 allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO₂ Budget Trading Program, but not including accounts opened by participating states.

50. "Fossil fuel-fired" means:

a. With regard to a unit that commenced operation prior to January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 50 percent (50%) of the annual heat input on a Btu basis during any year.

b. With regard to a unit that commenced or commences operation on or after January 1, 2005, the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted comprises, or is projected to comprise, more than 5 percent (5%) of the annual heat input on a Btu basis during any year.

51. "General account" means a CO₂ Allowance Tracking System account, established under § 46.12 of this Part, that is not a compliance account.

52. "Gross generation" means the electrical output in MWe at the terminals of the generator.

53. "Interim control period" means a one-calendar-year time period, during each of the first and second calendar years of each three-year control period. The first interim control period starts on January 1, 2015, and ends on December 31, 2015, inclusive. The second interim control period starts on January 1, 2016, and ends on December 31, 2016, inclusive. Each successive three-year control period will have two (2) interim control periods, comprised of each of the first two (2) calendar years of that control period.

54. "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 from any specified unit and pays its proportional amount of such unit's total costs, pursuant to a contract:

a. For the life of the unit; or

b. For a cumulative term of no less than thirty (30) years, including contracts that permit an election for early termination; or

c. For a period equal to or greater than twenty-five (25) years or seventy percent (70%) 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.

55. "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use of 40 C.F.R. § 75, Appendix D, to report heat input, this value should be calculated, in accordance with 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, using the maximum potential flowrate and either the maximum carbon dioxide concentration (in percent CO₂) or the minimum oxygen concentration (in percent O₂).

56. "Minimum reserve price" means the minimum reserve price in calendar year 2014 shall be $2.00. Each calendar year thereafter, the minimum reserve price shall be 1.025 multiplied by the minimum reserve price from the previous calendar year, rounded to the nearest whole cent.

57. "Monitoring system" means any monitoring system that meets the requirements of § 46.13 of this Part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

58. "Megawatt" or "MW" means a unit of power equal to 1000 kilowatts or 1,000,000 watts.

59. "MMBtu" means one million British thermal units.

60. "MWe" means megawatt electrical.

61. "Megawatt-hour" or "MWh" means the amount of power (in megawatts) used or produced in an hour.

62. "Nameplate capacity" means the maximum electrical output (in MWe) that an electric generating unit can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.

63. "Net-electric output" means the amount of gross generation the generator(s) produce (including, but not limited to, output from steam turbine(s), combustion turbine(s), and gas expander(s)), as measured at the generator terminals, less the electricity used to operate the plant (i.e., auxiliary loads); such uses include fuel handling equipment, pumps, fans, pollution control equipment, other electricity needs, and transformer losses as measured at the transmission side of the step up transformer (e.g., the point of sale).

64. "Offset project" means all the equipment, materials, items, or actions directly related to the reduction of CO₂ equivalent emissions or the sequestration of carbon.

65. "Operator" means any person who operates, controls, or supervises a CO₂budget unit or a CO₂ budget source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

66. "Owner" means any of the following persons:

a. Any holder of any portion of the legal or equitable title in a CO₂ budget unit; or

b. Any holder of a leasehold interest in a CO₂ budget unit, other than a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the CO₂ budget unit; or

c. Any purchaser of power from a CO₂ budget unit under a life-of-the-unit contractual arrangement in which the purchaser controls the dispatch of the unit; or

d. With respect to any general account, any person who has an ownership interest with respect to the CO₂ allowances held in the general account and who is subject to the binding agreement for the CO₂ authorized account representative to represent that person's ownership interest with respect to the CO₂ allowances.

67. "Participating state" means a state that has established a corresponding regulation as part of the CO₂ Budget Trading Program.

68. "Permanently retired" means a CO₂ allowance or CO₂ offset allowance that has been placed in a retirement account controlled by the jurisdiction that generated the CO₂ allowance or CO₂ offset allowance, or has been placed in an allowance retirement account controlled by the Department, or is otherwise determined by the Department to have been rendered unusable.

69. "Receive" or "receipt of" means, when referring to the Department or its agent, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the Department or its agent in the regular course of business.

70. "Recordation," "record" or "recorded" means, with regard to CO₂ allowances, the movement of CO₂ allowances or CO₂ offset allowances by the Department or its agent from one CO₂ Allowance Tracking System account to another for purposes of allocation, transfer or deduction.

71. "Renewable energy" means electricity generated from biomass, wind, solar thermal, photovoltaic, geothermal, hydroelectric facilities certified by the Low Impact Hydroelectric Institute, wave and tidal action and fuel cells powered by renewable fuels.

72. "Renewable portfolio standard" means a statutory or regulatory requirement that a load-serving entity provide a certain portion of the electricity it supplies to its customers from renewable energy sources, or any other statutory or regulatory requirement that a certain portion of electricity supplied to the electricity grid be generated from renewable energy sources.

73. "Reserve price" means the minimum acceptable price for each CO₂ allowance in a specific auction. The reserve price at an auction is either the minimum reserve price or the CCR trigger price, as specified in § 46.5 of this Part.

74. "Rhode Island auction/sale account" means an account administered by the Department or its agent for purposes of auctioning or selling CO₂ allowances.

75. "Rhode Island CO₂ budget trading program adjusted budget" means §46.8.3 of this Part the annual amount of CO₂ tons available in Rhode Island for allocation in a given allocation year, in accordance with the CO₂Budget Trading Program. CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the Rhode Island CO₂ Budget Trading Program adjusted budget.

76. "Rhode Island CO₂ budget trading program base budget" means the Rhode Island CO₂ Budget Trading Program base budget specified in §46.8.1 of this Part. CO₂ offset allowances allocated to project sponsors and CO₂ CCR allowances offered for sale at an auction are separate from and additional to CO₂ allowances allocated from the Rhode Island CO₂ Budget Trading Program Base Budget.

77. "Second control period adjustment for banked allowances" means an adjustment applied to the Rhode Island CO₂ Budget Trading Program base budget for allocation years 2015 through 2020 to address the allocation year 2012 and 2013 allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO₂ Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of 2012 and 2013 emissions from all CO₂ budget sources in all of the participating states.

78. "Serial number" means, when referring to CO₂ allowances, the unique identification number assigned to each CO₂ allowance by the Department or its agent, under §46.12.4(C) of this Part.

79. "Short ton" means a measure of weight equal to two thousand (2,000) pounds or 0.9072 metric tons.

80. "Source" means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any air pollutant under 42 U.S.C. § 7401, (CAA §502(c)), a "source," including a "source" with multiple units, shall be considered a single "facility."

81. "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands.

82. "Submit" or "serve" means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

a. In person;

b. By United States Postal Service;

c. By other means of dispatch or transmission and delivery

d. Compliance with any "submission," "service," or "mailing" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

83. "Third adjustment for banked allowances" means an adjustment applied to the Rhode Island CO₂ Budget Trading Program base budget for allocation years 2021 through 2025 to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the CO₂ Budget Trading Program, but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all CO₂ budget sources in all of the participating states at the end of the fourth control period in 2020 and as reflected in the CO₂ Allowance Tracking System on March 15, 2021.

84. "Ton" or "tonnage" means any short ton. For the purpose of determining compliance with the CO₂ requirements of § 46.7(A) of this Part, total tons for a control period and each interim control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with §§ 46.13 and 46.14 of this Part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero (0) tons.

85. "Undistributed CO₂ allowances" means CO₂ allowances originally allocated to a set aside account as pursuant to §46.8.3(K) of this Part, that were not distributed.

86. "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.

87. "Unit operating day" means a calendar day in which a unit combusts any fuel.

88. "Unsold CO₂ allowances" means CO₂ allowances that have been made available for sale in an auction conducted by the Department or its agent, but not sold.

89. "Voluntary renewable energy purchase" means a purchase of electricity from renewable energy generation or renewable energy attribute credits by a retail electricity customer on a voluntary basis. Renewable energy includes electricity generated from biomass, wind, solar thermal, photovoltaic, geothermal, hydroelectric facilities certified by the Low Impact Hydropower Institute, wave and tidal action, and fuel cells powered by renewable fuels. The renewable energy generation or renewable energy attribute credits related to such purchases may not be used by the generator or purchaser to meet any regulatory mandate, such as a renewable portfolio standard.

90. "Voluntary renewable energy market set-aside account" means an account established by the Department to hold CO₂ allowances that are allocated pursuant to §46.8.3(K) of this Part.

250 R.I. Code R. 250-RICR-120-05-46.5

Amended effective 12/25/2018