PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2587 "(9) The term 'generator' means a device that produces electricity and which is reported as a generating unit pursuant to Department of Energy Form 860. (10) The term 'new unit' means a unit that commences commercial operation on or after the date of enactment of the Clean Air Act Amendments of 1990. "(11) The term 'permitting authority' means the Administrator, or the State or local air pollution control agency, with an approved permitting program under part B of title III of the Act. "(12) The term 'repowering' means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater wsiste reduction relative to the performance of technology in widespread commercial use as of the date of enactment of the Clean Air Act Amendments of 1990. Notwithstanding the provisions of section 409(a), for the purpose of this title, the term 'repowering' shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy. "(13) The term 'reserve' means any bank of allowances established by the Administrator under this title. "(14) The term 'State' means one of the 48 contiguous States and the District of Columbia. "(15) The term 'unit' means a fossil fuel-fired combustion device. "(16) The term 'actual 1985 emission rate', for electric utility units means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP Emissions Inventory, Version 2, National Utility Reference File. For nonutility units, the term 'actual 1985 emission rate' means the annual sulfur dioxide or nitrogen oxides emission rate in pounds per million Btu as reported in the NAPAP Emission Inventory, Version 2. "(17XA) The term 'utility unit' means— "(i) a unit that serves a generator in any State that produces electricity for sale, or "(ii) a unit that, during 1985, served a generator in any State that produced electricity for sale. "(B) Notwithstanding subparagraph (A), a unit described in subparagraph (A) that— "(i) was in commercial operation during 1985, but "(ii) did not, during 1985, serve a generator in any State that produced electricity for sale shall not be a utility unit for purposes of this title. "(C) A unit that cogenerates steam and electricity is not a 'utility unit' for purposes of this title unless the unit is constructed for the purpose of suppl5ring, or commences construction after the date of enactment of this title and supplies, more
�
