Energy pursuant to Form 767. For any utility unit for which
such form was not filed, the baseline
shall be the level specified for such unit in the 1985 National
Acid Precipitation Assessment Program (NAPAP) Emissions
Inventory, Version 2, National Utility Reference File (NURF) or
in a corrected data base as established by the Administrator
pursuant to paragraph (3). For non-utility units, the baseline
is the NAPAP Emissions Inventory, Version 2. The Administrator,
in the Administrator's sole discretion, may exclude periods
during which a unit is shutdown for a continuous period of four
calendar months or longer, and make appropriate adjustments
under this paragraph. Upon petition of the owner or operator
of any unit, the Administrator may make appropriate baseline
adjustments for accidents that caused prolonged outages.
"(B) For any other nonutility unit that is not included in
the NAPAP Emissions Inventory, Version 2, or a corrected data
base as established by the Administrator pursuant to paragraph
(3), the baseline shall be the annual average quantity, in
mmBtu consumed in fuel by that unit, as calculated pursuant to
a method which the administrator shall prescribe by regulation
to be promulgated not later than eighteen months after
enactment of the Clean Air Act Amendments of 1990.
"(C) The Administrator shall, upon application or on his own
motion, by December 31, 1991, supplement data needed in support
of this title and correct any factual errors in data from which
affected Phase II units' baselines or actual 1985 emission
rates have been calculated. Corrected data shall be used for
purposes of issuing allowances under the title. Such
corrections shall not be subject to judicial review, nor shall
the failure of the Administrator to correct an alleged factual
error in such reports be subject to judicial review.
"(5) The term `capacity factor' means the ratio between the
actual electric output from a unit and the potential electric
output from that unit.
"(6) The term `compliance plan' means, for purposes of the
requirements of this title, either-
"(A) a statement that the source will comply with all
applicable requirements under this title, or
"(B) where applicable, a schedule and description of the
method or methods for compliance and certification by the owner
or operator that the source is in compliance with the
requirements of this title.
"(7) The term `continuous emission monitoring system' (CEMS)
means the equipment as required by section 412, used to sample,
analyze, measure, and provide on a continuous basis a permanent
record of emissions and flow (expressed in pounds per million
British thermal units (lbs/mmBtu), pounds per hour (lbs/hr) or
such other form as the Administrator may prescribe by regulations
under section 412).
"(8) The term `existing unit' means a unit (including units
subject to section 111) that commenced commercial operation
the date of enactment of the Clean Air Act Amendments of 1990.
Any unit that commenced commercial operation before the date of
enactment of the Clean Air Act Amendments of 1990 which is
modified, reconstructed, or repowered after the date of enactment