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42 U.S.C. § 7651e — Allowances for States with emissions rates at or below 0.80 lbs/mmBtu

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

42 U.S.C. § 7651e — Allowances for States with emissions rates at or below 0.80 lbs/mmBtu

**(a) Election of Governor** In addition to basic Phase II allowance allocations, upon the election of the Governor of any State, with a 1985 state-wide annual sulfur dioxide emissions rate equal to or less than, 0.80 lbs/mmBtu, averaged over all fossil fuel-fired utility steam generating units, beginning January 1, 2000, and for each calendar year thereafter until and including 2009, the Administrator shall allocate, in lieu of other Phase II bonus allowance allocations, allowances from the reserve created pursuant to [section 7651d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d/a/2&num=0&edition=prelim) to all such units in the State in an amount equal to 125,000 multiplied by the unit’s pro rata share of electricity generated in calendar year 1985 at fossil fuel-fired utility steam units in all States eligible for the election. **(b) Notification of Administrator** Pursuant to [section 7651b(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651b/a/1&num=0&edition=prelim), each Governor of a State eligible to make an election under paragraph 11 So in original. Probably should be “subsection”. (a) shall notify the Administrator of such election. In the event that the Governor of any such State fails to notify the Administrator of the Governor’s elections, the Administrator shall allocate allowances pursuant to [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). **(c) Allowances after January 1, 2010** After January 1, 2010, the Administrator shall allocate allowances to units subject to the provisions of this section pursuant to [section 7651d of this title](https://uscode.house.gov/

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Source file: Laws/federal/codes/united-states-code/title-42/section-7651e-allowances-for-states-with-emissions-rates-at-or-below-0-80-lbs-mmbtu--3072ef074a.md
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Source location: Title 42, Chapter 85, § 7651e; chapter-085-air-pollution-prevention-and-control.md

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

42 U.S.C. § 7651d — Phase II sulfur dioxide requirements

**(a) Applicability** (1) After January 1, 2000, each existing utility unit as provided below is subject to the limitations or requirements of this section. Each utility unit subject to an annual sulfur dioxide tonnage emission limitation under this section is an affected unit under this subchapter. Each source that includes one or more affected units is an affected source. In the case of an existing unit that was not in operation during calendar year 1985, the emission rate for a calendar year after 1985, as determined by the Administrator, shall be used in lieu of the 1985 rate. The owner or operator of any unit operated in violation of this section shall be fully liable under this chapter 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) In addition to basic Phase II allowance allocations, in each year beginning in calendar year 2000 and ending in calendar year 2009, inclusive, the Administrator shall allocate up to 530,000 Phase II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and (B), and (h)(2) of this section and [section 7651e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651e&num=0&edition=prelim). Not later than June 1, 1998, the Administrator shall calculate, for each unit granted an extension pursuant to [section 7651h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651h&num=0&edition=prelim) the difference between (A) the number of allowances allocated for the unit in calendar year 2000, and (B) the product of the unit’s baseline multiplied by 1.20 lbs/mmBtu, divided by 2000, and sum the computations. In each year,

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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.

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

42 U.S.C. § 7651b — Sulfur dioxide allowance program for existing and new units

**(a) Allocations of annual allowances for existing and new units** (1) 11 So in original. No pars. (2) and (3) have been enacted. For the emission limitation programs under this subchapter, the Administrator shall allocate annual allowances for the unit, to be held or distributed by the designated representative of the owner or operator of each affected unit at an affected source in accordance with this subchapter, in an amount equal to the annual tonnage emission limitation calculated under section 7651c, 7651d, 7651e, 7651h, or 7651i of this title except as otherwise specifically provided elsewhere in this subchapter. Except as provided in sections 7651d(a)(2), 7651d(a)(3), 7651h and 7651i of this title, beginning January 1, 2000, the Administrator shall not allocate annual allowances to emit sulfur dioxide pursuant to [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim) in such an amount as would result in total annual emissions of sulfur dioxide from utility units in excess of 8.90 million tons except that the Administrator shall not take into account unused allowances carried forward by owners and operators of affected units or by other persons holding such allowances, following the year for which they were allocated. If necessary to meeting the restrictions imposed in the preceding sentence, the Administrator shall reduce, pro rata, the basic Phase II allowance allocations for each unit subject to the requirements of [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). Subject to the provisions of section 7651o of this title, the Administrator shall allocate allowances for each affected unit at an affe

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

42 U.S.C. § 7651e — Allowances for States with emissions

Page 7429 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651e 2009, the Administrator shall allocate annually for each unit subject to the emissions limitation requirements of paragraph (1) allowances from the reserve created pursuant to subsection (a)(2) of this section in an amount equal to the unit’s baseline multiplied by 0.050 lbs/mmBtu, divided by 2,000. (3) In addition to allowances allocated pursu- ant to paragraph (1) and section 7651b(a)(1) of this title, beginning January 1, 2010, the Admin- istrator shall allocate annually for each unit subject to the emissions limitation require- ments of paragraph (1) allowances in an amount equal to the unit’s baseline multiplied by 0.050 lbs/mmBtu, divided by 2,000. (i) Units in high growth States (1) In addition to allowances allocated pursu- ant to this section and section 7651b(a)(1) of this title as basic Phase II allowance allocations, be- ginning January 1, 2000, the Administrator shall allocate annually allowances for each unit, sub- ject to an emissions limitation requirement under this section, and located in a State that— (A) has experienced a growth in population in excess of 25 percent between 1980 and 1988 according to State Population and Household Estimates, With Age, Sex, and Components of Change: 1981–1988 allocated by the United States Department of Commerce, and (B) had an installed electrical generating ca- pacity of more than 30,000,000 kw in 1988, in an amount equal to the difference between (A) the number of allowances that would be allo- cated for the unit pursuant to the emissions limitation requirements of this section applica- ble to the unit adjusted to reflect the unit’s an- nual average fuel consumption on a Btu basis of any three consecutive calendar years between 1980

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