For purposes of determining the number of days of violation, if a NOx Budget unit has excess emissions for a control period, each day in the control period (153 days) constitutes a day in violation unless the owners and operators of the unit demonstrate that a lesser number of days should be considered.
Each ton of excess emissions shall be a separate violation.
D.C. Mun. Regs. tit. 20, r. 20-1004