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42 U.S.C. § 7651k — Monitoring, reporting, and recordkeeping requirements

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651k — Monitoring, reporting, and recordkeeping requirements

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Source file: Laws/federal/codes/united-states-code/title-42/section-7651k-monitoring-reporting-and-recordkeeping-requirements--9c4940b505.md
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Source location: Title 42, Chapter 85, § 7651k; chapter-085-air-pollution-prevention-and-control.md

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**(a) Applicability** The owner and operator of any source subject to this subchapter shall be required to install and operate CEMS on each affected unit at the source, and to quality assure the data for sulfur dioxide, nitrogen oxides, opacity and volumetric flow at each such unit. The Administrator shall, by regulations issued not later than eighteen months after November 15, 1990, specify the requirements for CEMS, for any alternative monitoring system that is demonstrated as providing information with the same precision, reliability, accessibility, and timeliness as that provided by CEMS, and for recordkeeping and reporting of information from such systems. Such regulations may include limitations or the use of alternative compliance methods by units equipped with an alternative monitoring system as may be necessary to preserve the orderly functioning of the allowance system, and which will ensure the emissions reductions contemplated by this subchapter. Where 2 or more units utilize a single stack, a separate CEMS shall not be required for each unit, and for such units the regulations shall require that the owner or operator collect sufficient information to permit reliable compliance determinations for each such unit. **(b) First phase requirements** Not later than thirty-six months after November 15, 1990, the owner or operator of each affected unit under [section 7651c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651c&num=0&edition=prelim), including, but not limited to, units that become affected units pursuant to subsections (b) and (c) and eligible units under subsection (d), shall install and operate CEMS, quality assure the data, and keep records and reports in accordance with the regulations issued under subsection (a). **(c) Second phase requirements** Not later than January 1, 1995, the owner or operator of each affected unit that has not previously met the requirements of subsections (a) and (b) shall install and operate CEMS, quality assure the data, and keep records and reports in accordance with the regulations issued under subsection (a). Upon commencement of commercial operation of each new utility unit, the unit shall comply with the requirements of subsection (a). **(d) Unavailability of emissions data** If CEMS data or data from an alternative monitoring system approved by the Administrator under subsection (a) is not available for any affected unit during any period of a calendar year in which such data is required under this subchapter, and the owner or operator cannot provide information, satisfactory to the Administrator, on emissions during that period, the Administrator shall deem the unit to be operating in an uncontrolled manner during the entire period for which the data was not available and shall, by regulation which shall be issued not later than eighteen months after November 15, 1990, prescribe means to calculate emissions for that period. The owner or operator shall be liable for excess emissions fees and offsets under [section 7651j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651j&num=0&edition=prelim) in accordance with such regulations. Any fee due and payable under this subsection shall not diminish the liability of the unit’s owner or operator for any fine, penalty, fee or assessment against the unit for the same violation under any other section of this chapter. **(e) Prohibition** It shall be unlawful for the owner or operator of any source subject to this subchapter to operate a source without complying with the requirements of this section, and any regulations implementing this section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651j — Excess emissions penalty

**(a) Excess emissions penalty** The owner or operator of any unit or process source subject to the requirements of sections 11 So in original. Probably should be “section”. 7651b, 7651c, 7651d, 7651e, 7651f or 7651h of this title, or designated under [section 7651i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651i&num=0&edition=prelim), that emits sulfur dioxide or nitrogen oxides for any calendar year in excess of the unit’s emissions limitation requirement or, in the case of sulfur dioxide, of the allowances the owner or operator holds for use for the unit for that calendar year shall be liable for the payment of an excess emissions penalty, except where such emissions were authorized pursuant to [section 7410(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410/f&num=0&edition=prelim). That penalty shall be calculated on the basis of the number of tons emitted in excess of the unit’s emissions limitation requirement or, in the case of sulfur dioxide, of the allowances the operator holds for use for the unit for that year, multiplied by $2,000. Any such penalty shall be due and payable without demand to the Administrator as provided in regulations to be issued by the Administrator by no later than eighteen months after November 15, 1990. Any such payment shall be deposited in the United States Treasury pursuant to the Miscellaneous Receipts Act.22 See References in Text note below. Any penalty due and payable under this section shall not diminish the liability of the unit’s owner or operator for any fine, penalty or assessment against the unit for the same violation under any other section of this chapter. **(b) Excess emissions offset** The owner or operator of any affected

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651j

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651c — Phase I sulfur dioxide requirements

**(a) Emission limitations** (1) After January 1, 1995, each source that includes one or more affected units listed in table A is an affected source under this section. After January 1, 1995, it shall be unlawful for any affected unit (other than an eligible phase I unit under subsection (d)(2)) to emit sulfur dioxide in excess of the tonnage limitation stated as a total number of allowances in table A for phase I, unless (A) the emissions reduction requirements applicable to such unit have been achieved pursuant to subsection (b) or (d), or (B) the owner or operator of such unit holds allowances to emit not less than the unit’s total annual emissions, except that, after January 1, 2000, the emissions limitations established in this section shall be superseded by those established in [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). The owner or operator of any unit in violation of this section shall be fully liable for such violation including, but not limited to, liability for fulfilling the obligations specified in [section 7651j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651j&num=0&edition=prelim). (2) Not later than December 31, 1991, the Administrator shall determine the total tonnage of reductions in the emissions of sulfur dioxide from all utility units in calendar year 1995 that will occur as a result of compliance with the emissions limitation requirements of this section, and shall establish a reserve of allowances equal in amount to the number of tons determined thereby not to exceed a total of 3.50 million tons. In making such a determination, the Administrator shall compute for each unit subject to the emissions limitation

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651a — Definitions

As used in this subchapter: (1) The term “affected source” means a source that includes one or more affected units. (2) The term “affected unit” means a unit that is subject to emission reduction requirements or limitations under this subchapter. (3) The term “allowance” means an authorization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide. (4) The term “baseline” means the annual quantity of fossil fuel consumed by an affected unit, measured in millions of British Thermal Units (“mmBtu’s”), calculated as follows: (A) For each utility unit that was in commercial operation prior to January 1, 1985, the baseline shall be the annual average quantity of mmBtu’s consumed in fuel during calendar years 1985, 1986, and 1987, as recorded by the Department of 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).11 So in original. The reference to “paragraph (3)” probably should be to “subparagraph (C)”. For nonutility 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7651a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651k — Untitled legal text

Page 7436 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651k 2 See References in Text note below. 3 So in original. Probably should be ‘‘occurred,’’. 4 So in original. 7651b, 7651c, 7651d, 7651e, 7651f or 7651h of this title, or designated under section 7651i of this title, that emits sulfur dioxide or nitrogen ox- ides for any calendar year in excess of the unit’s emissions limitation requirement or, in the case of sulfur dioxide, of the allowances the owner or operator holds for use for the unit for that cal- endar year shall be liable for the payment of an excess emissions penalty, except where such emissions were authorized pursuant to section 7410(f) of this title. That penalty shall be cal- culated on the basis of the number of tons emit- ted in excess of the unit’s emissions limitation requirement or, in the case of sulfur dioxide, of the allowances the operator holds for use for the unit for that year, multiplied by $2,000. Any such penalty shall be due and payable without demand to the Administrator as provided in reg- ulations to be issued by the Administrator by no later than eighteen months after November 15, 1990. Any such payment shall be deposited in the United States Treasury pursuant to the Mis- cellaneous Receipts Act.2 Any penalty due and payable under this section shall not diminish the liability of the unit’s owner or operator for any fine, penalty or assessment against the unit for the same violation under any other section of this chapter. (b) Excess emissions offset The owner or operator of any affected source that emits sulfur dioxide during any calendar year in excess of the unit’s emissions limitation requirement or of the allowances held for the unit for the calendar year, shall be liable to off- set the excess emis

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7651k

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