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42 U.S.C. § 7651i — Election for additional sources

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42 U.S.C. § 7651i — Election for additional sources

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Source file: Laws/federal/codes/united-states-code/title-42/section-7651i-election-for-additional-sources--31b936caab.md
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Source location: Title 42, Chapter 85, § 7651i; chapter-085-air-pollution-prevention-and-control.md

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**(a) Applicability** The owner or operator of any unit that is not, nor will become, an affected unit under section 7651b(e), 7651c, or 7651d of this title, or that is a process source under subsection (d), that emits sulfur dioxide, may elect to designate that unit or source to become an affected unit and to receive allowances under this subchapter. An election shall be submitted to the Administrator for approval, along with a permit application and proposed compliance plan in accordance with [section 7651g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651g&num=0&edition=prelim). The Administrator shall approve a designation that meets the requirements of this section, and such designated unit, or source, shall be allocated allowances, and be an affected unit for purposes of this subchapter. **(b) Establishment of baseline** The baseline for a unit designated under this section shall be established by the Administrator by regulation, based on fuel consumption and operating data for the unit for calendar years 1985, 1986, and 1987, or if such data is not available, the Administrator may prescribe a baseline based on alternative representative data. **(c) Emission limitations** Annual emissions limitations for sulfur dioxide shall be equal to the product of the baseline multiplied by the lesser of the unit’s 1985 actual or allowable emission rate in lbs/mmBtu, or, if the unit did not operate in 1985, by the lesser of the unit’s actual or allowable emission rate for a calendar year after 1985 (as determined by the Administrator), divided by 2,000. **(d) Process sources** Not later than 18 months after November 15, 1990, the Administrator shall establish a program under which the owner or operator of a process source that emits sulfur dioxide may elect to designate that source as an affected unit for the purpose of receiving allowances under this subchapter. The Administrator shall, by regulation, define the sources that may be designated; specify the emissions limitation; specify the operating, emission baseline, and other data requirements; prescribe CEMS or other monitoring requirements; and promulgate permit, reporting, and any other requirements necessary to implement such a program. **(e) Allowances and permits** The Administrator shall issue allowances to an affected unit under this section in an amount equal to the emissions limitation calculated under subsection (c) or (d), in accordance with [section 7651b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651b&num=0&edition=prelim). Such allowance may be used in accordance with, and shall be subject to, the provisions of [section 7651b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651b&num=0&edition=prelim). Affected sources under this section shall be subject to the requirements of sections 7651b, 7651g, 7651j, 7651k, 7651l, and 7651m of this title. **(f) Limitation** Any unit designated under this section shall not transfer or bank allowances produced as a result of reduced utilization or shutdown, except that, such allowances may be transferred or carried forward for use in subsequent years to the extent that the reduced utilization or shutdown results from the replacement of thermal energy from the unit designated under this section, with thermal energy generated by any other unit or units subject to the requirements of this subchapter, and the designated unit’s allowances are transferred or carried forward for use at such other replacement unit or units. In no case may the Administrator allocate to a source designated under this section allowances in an amount greater than the emissions resulting from operation of the source in full compliance with the requirements of this chapter. No such allowances shall authorize operation of a unit in violation of any other requirements of this chapter. **(g) Implementation** The Administrator shall issue regulations to implement this section not later than eighteen months after November 15, 1990. **(h) Small diesel refineries** The Administrator shall issue allowances to owners or operators of small diesel refineries who produce diesel fuel after October 1, 1993, meeting the requirements of subsection 11 So in original. Probably should be “section”. 7545(i) of this title. (1) **Allowance period** — Allowances may be allocated under this subsection only for the period from October 1, 1993, through December 31, 1999. (2) **Allowance determination** — The number of allowances allocated pursuant to this paragraph shall equal the annual number of pounds of sulfur dioxide reduction attributable to desulfurization by a small refinery divided by 2,000. For the purposes of this calculation, the concentration of sulfur removed from diesel fuel shall be the difference between 0.274 percent (by weight) and 0.050 percent (by weight). (3) **Refinery eligibility** — As used in this subsection, the term “small refinery” shall mean a refinery or portion of a refinery— (A) which, as of November 15, 1990, has bona fide crude oil throughput of less than 18,250,000 barrels per year, as reported to the Department of Energy, and (B) which, as of November 15, 1990, is owned or controlled by a refiner with a total combined bona fide crude oil throughput of less than 50,187,500 barrels per year, as reported to the Department of Energy. (4) **Limitation per refinery** — The maximum number of allowances that can be annually allocated to a small refinery pursuant to this subsection is one thousand and five hundred. (5) **Limitation on total** — In any given year, the total number of allowances allocated pursuant to this subsection shall not exceed thirty-five thousand. (6) **Required certification** — The Administrator shall not allocate any allowances pursuant to this subsection unless the owner or operator of a small diesel refinery shall have certified, at a time and in a manner prescribed by the Administrator, that all motor diesel fuel produced by the refinery for which allowances are claimed, including motor diesel fuel for off-highway use, shall have met the requirements of subsection 1 7545(i) of this title.

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

42 U.S.C. § 7651g — Permits and compliance plans

**(a) Permit program** The provisions of this subchapter shall be implemented, subject to [section 7651b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651b&num=0&edition=prelim), by permits issued to units subject to this subchapter (and enforced) in accordance with the provisions of subchapter V, as modified by this subchapter. Any such permit issued by the Administrator, or by a State with an approved permit program, shall prohibit— (1) annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide the owner or operator, or the designated representative of the owners or operators, of the unit hold for the unit, (2) exceedances of applicable emissions rates, (3) the use of any allowance prior to the year for which it was allocated, and (4) contravention of any other provision of the permit. Permits issued to implement this subchapter shall be issued for a period of 5 years, notwithstanding subchapter V. No permit shall be issued that is inconsistent with the requirements of this subchapter, and subchapter V as applicable. **(b) Compliance plan** Each initial permit application shall be accompanied by a compliance plan for the source to comply with its requirements under this subchapter. Where an affected source consists of more than one affected unit, such plan shall cover all such units, and for purposes of [section 7661a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7661a/c&num=0&edition=prelim), such source shall be considered a “facility”. Nothing in this section regarding compliance plans or in subchapter V shall be construed as affecting allowances. Except as provided under subsection (c)(1)(B), submission of a statement by the owner

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

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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

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

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42 U.S.C. § 7651 — Findings and purposes

**(a) Findings** The Congress finds that— (1) the presence of acidic compounds and their precursors in the atmosphere and in deposition from the atmosphere represents a threat to natural resources, ecosystems, materials, visibility, and public health; (2) the principal sources of the acidic compounds and their precursors in the atmosphere are emissions of sulfur and nitrogen oxides from the combustion of fossil fuels; (3) the problem of acid deposition is of national and international significance; (4) strategies and technologies for the control of precursors to acid deposition exist now that are economically feasible, and improved methods are expected to become increasingly available over the next decade; (5) current and future generations of Americans will be adversely affected by delaying measures to remedy the problem; (6) reduction of total atmospheric loading of sulfur dioxide and nitrogen oxides will enhance protection of the public health and welfare and the environment; and (7) control measures to reduce precursor emissions from steam-electric generating units should be initiated without delay. **(b) Purposes** The purpose of this subchapter is to reduce the adverse effects of acid deposition through reductions in annual emissions of sulfur dioxide of ten million tons from 1980 emission levels, and, in combination with other provisions of this chapter, of nitrogen oxides emissions of approximately two million tons from 1980 emission levels, in the forty-eight contiguous States and the District of Columbia. It is the intent of this subchapter to effectuate such reductions by requiring compliance by affected sources with prescribed emission limitations by specified deadlines, which limitations may be met through alternative methods of compliance provided

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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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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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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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42 U.S.C. § 7651o — Contingency guarantee, auctions, reserve

**(a) Definitions** For purposes of this section— (1) The term “independent power producer” means any person who owns or operates, in whole or in part, one or more new independent power production facilities. (2) The term “new independent power production facility” means a facility that— (A) is used for the generation of electric energy, 80 percent or more of which is sold at wholesale; (B) is nonrecourse project-financed (as such term is defined by the Secretary of Energy within 3 months of November 15, 1990); (C) does not generate electric energy sold to any affiliate (as defined in section 79b(a)(11) 11 See References in Text note below. of title 15) of the facility’s owner or operator unless the owner or operator of the facility demonstrates that it cannot obtain allowances from the affiliate; and (D) is a new unit required to hold allowances under this subchapter. (3) The term “required allowances” means the allowances required to operate such unit for so much of the unit’s useful life as occurs after January 1, 2000. **(b) Special reserve of allowances** Within 36 months after November 15, 1990, the Administrator shall promulgate regulations establishing a Special Allowance Reserve containing allowances to be sold under this section. For purposes of establishing the Special Allowance Reserve, the Administrator shall withhold— (1) 2.8 percent of the allocation of allowances for each year from 1995 through 1999 inclusive; and (2) 2.8 percent of the basic Phase II allowance allocation of allowances for each year beginning in the year 2000 which would (but for this subsection) be issued for each affected unit at an affected source. The Administrator shall record such withholding for purposes of transferring the proceeds of the allowance sales under t

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42 U.S.C. § 7651i — Election for additional sources

Page 7434 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651i 1 So in original. Probably should be section ‘‘7651a(12)’’. 2 So in original. Probably should be ‘‘this’’. quire by regulation. The replacement of an ex- isting utility unit with a new utility unit using a repowering technology referred to in section 7651a(2) 1 of this title which is located at a dif- ferent site, shall be treated as repowering of the existing unit for purposes of this subchapter, if— (1) the replacement unit is designated by the owner or operator to replace such existing unit, and (2) the existing unit is retired from service on or before the date on which the designated replacement unit enters commercial oper- ation. (b) Extension (1) An owner or operator satisfying the re- quirements of subsection (a) shall be granted an extension of the emission limitation require- ment compliance date for that unit from Janu- ary 1, 2000, to December 31, 2003. The extension shall be specified in the permit issued to the source under section 7651g of this title, together with any compliance schedule and other require- ments necessary to meet second phase require- ments by the extended date. Any unit that is granted an extension under this section shall not be eligible for a waiver under section 7411(j) of this title, and shall continue to be subject to requirements under this subchapter as if it were a unit subject to section 7651d of this title. (2) If (A) the owner or operator of an existing unit has been granted an extension under para- graph (1) in order to repower such unit with a clean coal unit, and (B) such owner or operator demonstrates to the satisfaction of the Adminis- trator that the repowering technology to be uti- lized by such unit has been properly constructed and te

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