Page:United States Statutes at Large Volume 104 Part 4.djvu/272

 104 STAT. 2588 PUBLIC LAW 101-549—NOV. 15, 1990 than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. "(18) The term 'allowable 1985 emissions rate' means a federally enforceable emissions limitation for sulfur dioxide or oxides of nitrogen, applicable to the unit in 1985 or the limitation applicable in such other subsequent year as determined by the Administrator if such a limitation for 1985 does not exist. Where the emissions limitation for a unit is not expressed in pounds of emissions per million Btu, or the averaging period of that emissions limitation is not expressed on an annual basis, the Administrator shall calculate the annual equivalent of that emissions limitation in pounds per million Btu to establish the allowable 1985 emissions rate. "(19) The term 'qualifying phase I technology' means a technological system of continuous emission reduction which achieves a 90 percent reduction in emissions of sulfur dioxide from the emissions that would have resulted from the use of fuels which were not subject to treatment prior to combustion. "(20) The term 'alternative method of compliance' means a method of compliance in accordance with one or more of the following authorities: "(A) a substitution plan submitted and approved in accordance with subsections 404(b) and (c); "(B) a Phase I extension plan approved by the Administrator under section 404(d), using qualifying phase I technology as determined by the Administrator in accordance with that section; or "(C) repowering with a qualifying clean coal technology under section 409. "(21) The term 'commenced' as applied to construction of any new electric utility unit means that an owner or operator has undertaken a continuous program of construction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction. "(22) The term 'commenced commercial operation' means to have begun to generate electricity for sale. "(23) The term 'construction' means fabrication, erection, or installation of an affected unit. "(24) The term 'industrial source' means a unit that does not serve a generator that produces electricity, a 'nonutility unit' as defined in this section, or a process source as defined in section 410(e). "(25) The term 'nonutility unit' means a unit other than a utility unit. "(26) The term 'designated representative' means a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. "(27) The term '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 capacity and associated energy generated by a specified generating unit

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