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 and 1989 (inclusive) as elected by the owner or operator and (B) the number of allowances al- located for the unit pursuant to the emissions limitation requirements of this section: Pro- vided, That the number of allowances allocated pursuant to this subsection shall not exceed an annual total of 40,000. If necessary to meeting the 40,000 allowance restriction imposed under this subsection the Administrator shall reduce, pro rata, the additional annual allowances allo- cated to each unit under this subsection. (2) Beginning January 1, 2000, in addition to al- lowances allocated pursuant to this section and section 7651b(a)(1) of this title as basic Phase II allowance allocations, the Administrator shall allocate annually for each unit subject to the emissions limitation requirements of subsection (b)(1), (A) the lesser of whose actual or allowable 1980 emissions rate has declined by 50 percent or more as of November 15, 1990, (B) whose actual emissions rate is less than 1.2 lbs/mmBtu as of January 1, 2000, (C) which commenced operation after January 1, 1970, (D) which is owned by a utility company whose combined commercial and industrial kilowatt-hour sales have in- creased by more than 20 percent between cal- endar year 1980 and November 15, 1990, and (E) whose company-wide fossil-fuel sulfur dioxide emissions rate has declined 40 per centum or more from 1980 to 1988, allowances in an amount equal to the difference between (i) the number of allowances that would be allocated for the unit pursuant to the emissions limitation require- ments of subsection (b)(1) adjusted to reflect the unit’s annual average fuel consumption on a Btu basis for any three consecutive years between 1980 and 1989 (inclusive) as elected by the owner or operator and (ii) the number of allowances al- located for the unit pursuant to the emissions limitation requirements of subsection (b)(1) of this section: Provided, That the number of allow- ances allocated pursuant to this paragraph shall not exceed an annual total of 5,000. If necessary to meeting the 5,000-allowance restriction im- posed in the last clause of the preceding sen- tence the Administrator shall reduce, pro rata, the additional allowances allocated to each unit pursuant to this paragraph. (j) Certain municipally owned power plants Beginning January 1, 2000, in addition to al- lowances allocated pursuant to this section and section 7651b(a)(1) of this title as basic Phase II allowance allocations, the Administrator shall allocate annually for each existing municipally owned oil and gas-fired utility unit with name- plate capacity equal to, or less than, 40 MWe, the lesser of whose actual or allowable 1985 sul- fur dioxide emission rate is less than 1.20 lbs/ mmBtu, allowances in an amount equal to the product of the unit’s annual fuel consumption on a Btu basis at a 60 percent capacity factor multiplied by the lesser of its allowable 1985 emission rate or its actual 1985 emission rate, divided by 2,000. (July 14, 1955, ch. 360, title IV, § 405, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2605.) Editorial Notes REFERENCES IN TEXT Section 301(b) of the Powerplant and Industrial Fuel Use Act of 1978, referred to in subsec. (g)(5), is section 301(b) of Pub. L. 95–620, which is classified to section 8341(b) of this title. A prior section 301(b) of Pub. L. 95–620, title III, Nov. 9, 1978, 92 Stat. 3305, which was for- merly classified to section 8341(b) of this title, was re- pealed by Pub. L. 97–35, title X, § 1021(a), Aug. 13, 1981, 95 Stat. 614. § 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 alloca- tions, upon the election of the Governor of any State, with a 1985 state-wide annual sulfur diox- ide emissions rate equal to or less than, 0.80 lbs/ mmBtu, averaged over all fossil fuel-fired util- ity 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 allow- ance allocations, allowances from the reserve created pursuant to section 7651d(a)(2) of this title 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, each Governor of a State eligible to make an Page 7430 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651f 1 So in original. Probably should be ‘‘subsection’’. 1 So in original. Probably should be followed by ‘‘or’’. 2 So in original. No par. (2) has been enacted. 3 See References in Text note below. election under paragraph 1 (a) shall notify the Administrator of such election. In the event that the Governor of any such State fails to no- tify the Administrator of the Governor’s elec- tions, the Administrator shall allocate allow- ances pursuant to section 7651d of this title. (c) Allowances after January 1, 2010 After January 1, 2010, the Administrator shall allocate allowances to units subject to the pro- visions of this section pursuant to section 7651d of this title. (July 14, 1955, ch. 360, title IV, § 406, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2613.) § 7651f. Nitrogen oxides emission reduction pro- gram (a) Applicability On the date that a coal-fired utility unit be- comes an affected unit pursuant to sections 7651c, 7651d,1 7651h of this title, or on the date a unit subject to the provisions of section 7651c(d) or 7651h(b) of this title, must meet the SO2 re- duction requirements, each such unit shall be- come an affected unit for purposes of this sec- tion and shall be subject to the emission limita- tions for nitrogen oxides set forth herein. (b) Emission limitations (1) Not later than eighteen months after No- vember 15, 1990, the Administrator shall by regu- lation establish annual allowable emission limi- tations for nitrogen oxides for the types of util- ity boilers listed below, which limitations shall not exceed the rates listed below: Provided, That the Administrator may set a rate higher than that listed for any type of utility boiler if the Administrator finds that the maximum listed rate for that boiler type cannot be achieved using low NOx burner technology. The maximum allowable emission rates are as follows: (A) for tangentially fired boilers, 0.45 lb/ mmBtu; (B) for dry bottom wall-fired boilers (other than units applying cell burner technology), 0.50 lb/mmBtu. After January 1, 1995, it shall be unlawful for any unit that is an affected unit on that date and is of the type listed in this paragraph to emit nitrogen oxides in excess of the emission rates set by the Administrator pursuant to this paragraph. (2) Not later than January 1, 1997, the Admin- istrator shall, by regulation, establish allowable emission limitations on a lb/mmBtu, annual av- erage basis, for nitrogen oxides for the following types of utility boilers: (A) wet bottom wall-fired boilers; (B) cyclones; (C) units applying cell burner technology; (D) all other types of utility boilers. The Administrator shall base such rates on the degree of reduction achievable through the ret- rofit application of the best system of contin- uous emission reduction, taking into account available technology, costs and energy and envi- ronmental impacts; and which is comparable to the costs of nitrogen oxides controls set pursu- ant to subsection (b)(1). Not later than January 1, 1997, the Administrator may revise the appli- cable emission limitations for tangentially fired and dry bottom, wall-fired boilers (other than cell burners) to be more stringent if the Admin- istrator determines that more effective low NOx burner technology is available: Provided, That, no unit that is an affected unit pursuant to sec- tion 7651c of this title and that is subject to the requirements of subsection (b)(1), shall be sub- ject to the revised emission limitations, if any. (c) Revised performance standards (1) 2 Not later than January 1, 1993, the Admin- istrator shall propose revised standards of per- formance to section 7411 of this title for nitro- gen oxides emissions from fossil-fuel fired steam generating units, including both electric utility and nonutility units. Not later than January 1, 1994, the Administrator shall promulgate such revised standards of performance. Such revised standards of performance shall reflect improve- ments in methods for the reduction of emissions of oxides of nitrogen. (d) Alternative emission limitations The permitting authority shall, upon request of an owner or operator of a unit subject to this section, authorize an emission limitation less stringent than the applicable limitation estab- lished under subsection (b)(1) or (b)(2) upon a de- termination that— (1) a unit subject to subsection (b)(1) cannot meet the applicable limitation using low NOx burner technology; or (2) a unit subject to subsection (b)(2) cannot meet the applicable rate using the technology on which the Administrator based the applica- ble emission limitation. The permitting authority shall base such deter- mination upon a showing satisfactory to the permitting authority, in accordance with regu- lations established by the Administrator not later than eighteen months after November 15, 1990, that the owner or operator— (1) has properly installed appropriate control equipment designed to meet the applicable emission rate; (2) has properly operated such equipment for a period of fifteen months (or such other pe- riod of time as the Administrator determines through the regulations), and provides oper- ating and monitoring data for such period demonstrating that the unit cannot meet the applicable emission rate; and (3) has specified an emission rate that such unit can meet on an annual average basis. The permitting authority shall issue an oper- ating permit for the unit in question, in accord- ance with section 7651g of this title and part B 3 of title III— (i) that permits the unit during the dem- onstration period referred to in subparagraph (2) above, to emit at a rate in excess of the ap- plicable emission rate; (ii) at the conclusion of the demonstration period to revise the operating permit to reflect