(iv) All units listed in 40 CFR 97, subpart E, appendix B, adopted by reference in R
336.1902, in this state, except those listed that have since been decommissioned, dismantled,
or permanently retired.
(v) All units qualifying as a cogeneration unit and not considered a cross state air pollution
rule NOx ozone season group 2 unit as listed in 40 CFR 97.804(b), adopted by reference in R
(r) “NOx budget source” means any source that has 1 or more NOx budget units.
(s) “Operator” means any person that operates, controls, or supervises a NOx budget unit, a
NOx budget source, and includes, but is not limited to, any holding company, utility system,
or plant manager of such a unit or source.
(t) “Owner” means any of the following:
(i) Any holder of any portion of the legal or equitable title in a NOx budget unit.
(ii) Any holder of a leasehold interest in a NOx budget unit.
(iii) Any purchaser of power from a NOx budget unit. Unless expressly provided for in a
leasehold agreement, owner does not include a passive lessor, or a person that has an equitable
interest through a passive lessor, whose rental payments are not based, either directly or
indirectly, upon the revenues or income from the NOx budget unit.
(iv) With respect to any general account, any person that has an ownership interest with
respect to the NOx allowances held in the general account and is subject to the binding
agreement for the NOx authorized account representative to represent that person's ownership
interest with respect to the NOx allowances.
(u) "Ozone control period" means the period of May 1 to September 30. The term "ozone
control period" replaces the term "control period" as used in 40 CFR part 96.1 to 96.88 and
part 97.1 to 97.88.
(v) “Potential electrical output capacity” means 33% of a unit's maximum design heat input.
(w) “Receive” or “receipt of” means, when referring to the permitting authority or the
administrator, to come into possession of a document, information, or correspondence, either
in writing or through an authorized electronic transmission, as indicated in an official
correspondence log, or by a notation made on the document, information, or correspondence,
by the permitting authority or the administrator in the regular course of business.
(x) “Source” means any governmental, institutional, commercial, or industrial structure,
installation, plant, building, or facility that emits or has the potential to emit any regulated air
pollutant under the clean air act, 42 USC 7401 to 7671q. For purposes of section 502(c) of the
clean air act, 42 USC 7661a, a source, including a source with multiple units, is considered a
(y) “Submit” or “serve” means to send or transmit a document, information, or
correspondence to the person specified in accordance with the applicable regulation, as
(i) In person.
(ii) By United States Postal Service.
(iii) By other means of dispatch or transmission and delivery. Compliance with any
“submission,” “service,” or “mailing” deadline is determined by the date of dispatch,
transmission, or mailing and not the date of receipt.
(z) “Ton” or “tonnage” means any short ton or 2,000 pounds. For the purpose of determining
the NOx emissions, total tons for an ozone control period is calculated as the sum of all
recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates,