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42 U.S.C. § 7651h — Repowered sources

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

42 U.S.C. § 7651h — Repowered sources

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Source file: Laws/federal/codes/united-states-code/title-42/section-7651h-repowered-sources--9ee5787430.md
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Source location: Title 42, Chapter 85, § 7651h; chapter-085-air-pollution-prevention-and-control.md

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**(a) Availability** Not later than December 31, 1997, the owner or operator of an existing unit subject to the emissions limitation requirements of section 7651d(b) and (c) of this title may demonstrate to the permitting authority that one or more units will be repowered with a qualifying clean coal technology to comply with the requirements under [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 shall, as part of any such demonstration, provide, not later than January 1, 2000, satisfactory documentation of a preliminary design and engineering effort for such repowering and an executed and binding contract for the majority of the equipment to repower such unit and such other information as the Administrator may require by regulation. The replacement of an existing utility unit with a new utility unit using a repowering technology referred to in section 7651a(2) 11 So in original. Probably should be section “7651a(12)”. of this title which is located at a different 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 operation. **(b) Extension** (1) An owner or operator satisfying the requirements of subsection (a) shall be granted an extension of the emission limitation requirement compliance date for that unit from January 1, 2000, to December 31, 2003. The extension shall be specified in the permit issued to the source under [section 7651g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651g&num=0&edition=prelim), together with any compliance schedule and other requirements necessary to meet second phase requirements 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/j&num=0&edition=prelim), and shall continue to be subject to requirements under this subchapter as if it were a unit subject to [section 7651d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7651d&num=0&edition=prelim). (2) If (A) the owner or operator of an existing unit has been granted an extension under paragraph (1) in order to repower such unit with a clean coal unit, and (B) such owner or operator demonstrates to the satisfaction of the Administrator that the repowering technology to be utilized by such unit has been properly constructed and tested on such unit, but nevertheless has been unable to achieve the emission reduction limitations and is economically or technologically infeasible, such existing unit may be retrofitted or repowered with equipment or facilities utilizing another clean coal technology or other available control technology. **(c) Allowances** (1) For the period of the extension under this section, the Administrator shall allocate to the owner or operator of the affected unit, annual allowances for sulfur dioxide equal to the affected unit’s baseline multiplied by the lesser of the unit’s federally approved State Implementation Plan emissions limitation or its actual emission rate for 1995 in lieu of any other allocation. Such allowances may not be transferred or used by any other source to meet emission requirements under this subchapter. The source owner or operator shall notify the Administrator sixty days in advance of the date on which the affected unit for which the extension has been granted is to be removed from operation to install the repowering technology. (2) Effective on that date, the unit shall be 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). Allowances for the year in which the unit is removed from operation to install the repowering technology shall be calculated as the product of the unit’s baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000, and prorated accordingly, and are transferable. (3) Allowances for such existing utility units for calendar years after the year the repowering is complete shall be calculated as the product of the existing unit’s baseline multiplied by 1.20 lbs/mmBtu, divided by 2,000. (4) Notwithstanding the provisions of section 7651b(a) and (e) of this title, allowances shall be allocated under this section for a designated replacement unit which replaces an existing unit (as provided in the last sentence of subsection (a)) in lieu of any further allocations of allowances for the existing unit. (5) For the purpose of meeting the aggregate emissions limitation requirement set forth in [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), the units with an extension under this subsection shall be treated in each calendar year during the extension period as holding allowances allocated under paragraph (3). **(d) Control requirements** Any unit qualifying for an extension under this section that does not increase actual hourly emissions for any pollutant regulated under the 22 So in original. Probably should be “this”. chapter shall not be subject to any standard of performance under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim). Notwithstanding the provisions of this subsection, no new unit (1) designated as a replacement for an existing unit, (2) qualifying for the extension under subsection (b), and (3) located at a different site than the existing unit shall receive an exemption from the requirements imposed under [section 7411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411&num=0&edition=prelim). **(e) Expedited permitting** State permitting authorities and, where applicable, the Administrator, are encouraged to give expedited consideration to permit applications under parts C and D of subchapter I of this chapter for any source qualifying for an extension under this section. **(f) Prohibition** It shall be unlawful for the owner or operator of a repowered source to fail to comply with the requirement of this section, or any regulations of permit requirements to implement this section, including the prohibition against emitting sulfur dioxide in excess of allowances held.

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

42 U.S.C. § 7411 — Standards of performance for new stationary sources

**(a) Definitions** For purposes of this section: (1) The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. (2) The term “new source” means any stationary source, the construction or modification of which is commenced after the publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which will be applicable to such source. (3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines. (4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source. (6) The term “existing source” means any stationary source other than a new source. (7) The term “technological system of continuous emission reduction” means— (A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or (B) a technological system for continuous reduction of the pollution generated by a s

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7411

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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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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,

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

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

42 U.S.C. § 7651h — Repowered sources

Page 7433 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651h for the affected source. The provisions of section 558(c) of title 5 (relating to renewals) shall apply to permits issued by a permitting authority under this subchapter and subchapter V. (4) The permit issued in accordance with this subsection for an affected source shall provide that the affected units at the affected source may not emit an annual tonnage of sulfur diox- ide in excess of the number of allowances to emit sulfur dioxide the owner or operator or des- ignated representative hold for the unit. (e) New units The owner or operator of each source that in- cludes a new electric utility steam generating unit shall submit a permit application and com- pliance plan to the permitting authority not later than 24 months before the later of (1) Janu- ary 1, 2000, or (2) the date on which the unit commences operation. The permitting authority shall issue a permit to the owner or operator, or the designated representative thereof, of the unit that satisfies the requirements of sub- chapter V and this subchapter. (f) Units subject to certain other limits The owner or operator, or designated rep- resentative thereof, of any unit subject to an emission rate requirement under section 7651f of this title shall submit a permit application and compliance plan for such unit to the permitting authority, not later than January 1, 1998. The permitting authority shall issue a permit to the owner or operator that satisfies the require- ments of subchapter V and this subchapter, in- cluding any appropriate monitoring and report- ing requirements. (g) Amendment of application and compliance plan At any time after the submission of an appli- cation and compliance plan under this section, the applican

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

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