42 U.S.C. § 7651f — Nitrogen oxides emission reduction pro-

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 Page 7431 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7651g 4 So in original. Probably should be ‘‘subsections,’’. 5 So in original. The semicolon probably should be a comma. 1 So in original. Probably should be followed by a comma. the alternative emission rate demonstrated in paragraphs (2) and (3) above. Units subject to subsection (b)(1) for which an alternative emission limitation is established shall not be required to install any additional control technology beyond low NOx burners. Nothing in this section shall preclude an owner or operator from installing and operating an al- ternative NOx control technology capable of achieving the applicable emission limitation. If the owner or operator of a unit subject to the emissions limitation requirements of subsection (b)(1) demonstrates to the satisfaction of the Ad- ministrator that the technology necessary to meet such requirements is not in adequate sup- ply to enable its installation and operation at the unit, consistent with system reliability, by January 1, 1995, then the Administrator shall ex- tend the deadline for compliance for the unit by a period of 15 months. Any owner or operator may petition the Administrator to make a de- termination under the previous sentence. The Administrator shall grant or deny such petition within 3 months of submittal. (e) Emissions averaging In lieu of complying with the applicable emis- sion limitations under subsection (b)(1), (2), or (d), the owner or operator of two or more units subject to one or more of the applicable emis- sion limitations set pursuant to these sections,4 may petition the permitting authority for alter- native contemporaneous annual emission limi- tations for such units that ensure that (1) the actual annual emission rate in pounds of nitro- gen oxides per million Btu averaged over the units in question is a rate that is less than or equal to (2) the Btu-weighted average annual emission rate for the same units if they had been operated, during the same period of time, in compliance with limitations set in accord- ance with the applicable emission rates set pur- suant to subsections (b)(1) and (2). If the permitting authority determines, in ac- cordance with regulations issued by the Admin- istrator not later than eighteen months after November 15, 1990; 5 that the conditions in the paragraph above can be met, the permitting au- thority shall issue operating permits for such units, in accordance with section 7651g of this title and part B 3 of title III, that allow alter- native contemporaneous annual emission limi- tations. Such emission limitations shall only re- main in effect while both units continue oper- ation under the conditions specified in their re- spective operating permits. (July 14, 1955, ch. 360, title IV, § 407, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2613.) Editorial Notes REFERENCES IN TEXT Part B of title III, referred to in subsecs. (d) and (e), means title III of the Clean Air Act, act July 14, 1955, ch. 360, as added, which is classified to subchapter III of this chapter, but title III does not contain parts. For provisions of the Clean Air Act relating to permits, see subchapter V (§ 7661 et seq.) of this chapter. § 7651g. Permits and compliance plans (a) Permit program The provisions of this subchapter shall be im- plemented, subject to section 7651b of this title, by permits issued to units subject to this sub- chapter (and enforced) in accordance with the provisions of subchapter V, as modified by this subchapter. Any such permit issued by the Ad- ministrator, or by a State with an approved per- mit program, shall prohibit— (1) annual emissions of sulfur dioxide in ex- cess of the number of allowances to emit sul- fur dioxide the owner or operator, or the des- ignated representative of the owners or opera- tors, 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, notwith- standing 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 ac- companied by a compliance plan for the source to comply with its requirements under this sub- chapter. 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, such source shall be consid- ered a ‘‘facility’’. Nothing in this section regard- ing 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 or operator, or the designated representative of the owners and op- erators, of a unit subject to the emissions limi- tation requirements of sections 7651c, 7651d, and 7651f of this title, that the unit will meet the ap- plicable emissions limitation requirements of such sections in a timely manner or that, in the case of the emissions limitation requirements of sections 7651c and 7651d of this title, the owners and operators will hold allowances to emit not less than the total annual emissions of the unit, shall be deemed to meet the proposed and ap- proved compliance planning requirements of this section and subchapter V, except that, for any unit that will meet the requirements of this subchapter by means of an alternative method of compliance authorized under section 7651c(b), (c), (d), or (f) of this title 1 section 7651f(d) or (e) of this title, section 7651h of this title and sec- tion 7651i of this title, the proposed and ap- proved compliance plan, permit application and permit shall include, pursuant to regulations promulgated by the Administrator, for each al- ternative method of compliance a comprehen- sive description of the schedule and means by which the unit will rely on one or more alter- native methods of compliance in the manner and time authorized under this subchapter. Recorda- tion by the Administrator of transfers of allow-