42 U.S.C. § 7661 — Definitions

Page 7440 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7661 tions at which the allowances referred to in paragraph (1) shall be offered for sale in ac- cordance with regulations promulgated by the Administrator, in consultation with the Sec- retary of the Treasury, within 12 months of November 15, 1990. The allowances referred to in paragraph (1) shall be offered for sale at auction in the amounts specified in table 2. The auction shall be open to any person. A person wishing to bid for such allowances shall submit (by a date set by the Administrator) to the Administrator (on a sealed bid schedule provided by the Administrator) offers to pur- chase specified numbers of allowances at spec- ified prices. Such regulations shall specify that the auctioned allowances shall be allo- cated and sold on the basis of bid price, start- ing with the highest-priced bid and continuing until all allowances for sale at such auction have been allocated. The regulations shall not permit that a minimum price be set for the purchase of withheld allowances. Allowances purchased at the auction may be used for any purpose and at any time after the auction, subject to the provisions of this subchapter. TABLE 2—NUMBER OF ALLOWANCES AVAILABLE FOR AUCTION Year of Sale Spot Auction (same year) Advance Auction 1993 .................................... 50,000* 100,000 1994 .................................... 50,000* 100,000 1995 .................................... 50,000* 100,000 1996 .................................... 150,000 100,000 1997 .................................... 150,000 100,000 1998 .................................... 150,000 100,000 1999 .................................... 150,000 100,000 2000 and after ..................... 100,000 100,000 Allowances sold in the spot sale in any year are al- lowances which may only be used in that year (unless banked for use in a later year), except as otherwise noted. Allowances sold in the advance auction in any year are allowances which may only be used in the 7th year after the year in which they are first offered for sale (unless banked for use in a later year). *Available for use only in 1995 (unless banked for use in a later year). (3) Proceeds (A) Notwithstanding section 3302 of title 31 or any other provision of law, within 90 days of receipt, the Administrator shall transfer the proceeds from the auction under this section, on a pro rata basis, to the owners or operators of the affected units at an affected source from whom allowances were withheld under sub- section (b). No funds transferred from a pur- chaser to a seller of allowances under this paragraph shall be held by any officer or em- ployee of the United States or treated for any purpose as revenue to the United States or the Administrator. (B) At the end of each year, any allowances offered for sale but not sold at the auction shall be returned without charge, on a pro rata basis, to the owner or operator of the affected units from whose allocation the allowances were withheld. (4) Additional auction participants Any person holding allowances or to whom allowances are allocated by the Administrator may submit those allowances to the Adminis- trator to be offered for sale at auction under this subsection. The proceeds of any such sale shall be transferred at the time of sale by the purchaser to the person submitting such al- lowances for sale. The holder of allowances of- fered for sale under this paragraph may speci- fy a minimum sale price. Any person may pur- chase allowances offered for auction under this paragraph. Such allowances shall be allo- cated and sold to purchasers on the basis of bid price after the auction under paragraph (2) is complete. No funds transferred from a pur- chaser to a seller of allowances under this paragraph shall be held by any officer or em- ployee of the United States or treated for any purpose as revenue to the United States or the Administrator. (5) Recording by EPA The Administrator shall record and publicly report the nature, prices and results of each auction under this subsection, including the prices of successful bids, and shall record the transfers of allowances as a result of each auc- tion in accordance with the requirements of this section. The transfer of allowances at such auction shall be recorded in accordance with the regulations promulgated by the Ad- ministrator under this subchapter. (e) Changes in sales, auctions, and withholding Pursuant to rulemaking after public notice and comment the Administrator may at any time after the year 1998 (in the case of advance sales or advance auctions) and 2005 (in the case of spot sales or spot auctions) decrease the num- ber of allowances withheld and sold under this section. (f) Termination of auctions The Administrator may terminate the with- holding of allowances and the auction sales under this section if the Administrator deter- mines that, during any period of 3 consecutive calendar years after 2002, less than 20 percent of the allowances available in the auction sub- account have been purchased. Pursuant to regu- lations under this section, the Administrator may by delegation or contract provide for the conduct of sales or auctions under the Adminis- trator’s supervision by other departments or agencies of the United States Government or by nongovernmental agencies, groups, or organiza- tions. (July 14, 1955, ch. 360, title IV, § 416, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2626.) Editorial Notes REFERENCES IN TEXT Section 79b of title 15, referred to in subsec. (a)(2)(C), was repealed by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. See section 16451(1) of this title. SUBCHAPTER V—PERMITS § 7661. Definitions As used in this subchapter— (1) Affected source The term ‘‘affected source’’ shall have the meaning given such term in subchapter IV–A. Page 7441 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7661a 1 So in original. Probably should be ‘‘part’’. 2 So in original. Probably should be ‘‘clauses’’. (2) Major source The term ‘‘major source’’ means any sta- tionary source (or any group of stationary sources located within a contiguous area and under common control) that is either of the following: (A) A major source as defined in section 7412 of this title. (B) A major stationary source as defined in section 7602 of this title or part D of sub- chapter I. (3) Schedule of compliance The term ‘‘schedule of compliance’’ means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable im- plementation plan, emission standard, emis- sion limitation, or emission prohibition. (4) Permitting authority The term ‘‘permitting authority’’ means the Administrator or the air pollution control agency authorized by the Administrator to carry out a permit program under this sub- chapter. (July 14, 1955, ch. 360, title V, § 501, as added Pub. L. 101–549, title V, § 501, Nov. 15, 1990, 104 Stat. 2635.) § 7661a. Permit programs (a) Violations After the effective date of any permit program approved or promulgated under this subchapter, it shall be unlawful for any person to violate any requirement of a permit issued under this subchapter, or to operate an affected source (as provided in subchapter IV–A), a major source, any other source (including an area source) sub- ject to standards or regulations under section 7411 or 7412 of this title, any other source re- quired to have a permit under parts 1 C or D of subchapter I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this sub- chapter. (Nothing in this subsection shall be construed to alter the applicable requirements of this chapter that a permit be obtained before construction or modification.) The Adminis- trator may, in the Administrator’s discretion and consistent with the applicable provisions of this chapter, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements. (b) Regulations The Administrator shall promulgate within 12 months after November 15, 1990, regulations es- tablishing the minimum elements of a permit program to be administered by any air pollution control agency. These elements shall include each of the following: (1) Requirements for permit applications, in- cluding a standard application form and cri- teria for determining in a timely fashion the completeness of applications. (2) Monitoring and reporting requirements. (3)(A) A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the require- ment to obtain a permit under this subchapter pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program require- ments of this subchapter, including section 7661f of this title, including the reasonable costs of— (i) reviewing and acting upon any applica- tion for such a permit, (ii) if the owner or operator receives a per- mit for such source, whether before or after November 15, 1990, implementing and enforc- ing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), (iii) emissions and ambient monitoring, (iv) preparing generally applicable regula- tions, or guidance, (v) modeling, analyses, and demonstra- tions, and (vi) preparing inventories and tracking emissions. (B) The total amount of fees collected by the permitting authority shall conform to the fol- lowing requirements: (i) The Administrator shall not approve a program as meeting the requirements of this paragraph unless the State demonstrates that, except as otherwise provided in sub- paragraphs 2 (ii) through (v) of this subpara- graph, the program will result in the collec- tion, in the aggregate, from all sources sub- ject to subparagraph (A), of an amount not less than $25 per ton of each regulated pol- lutant, or such other amount as the Admin- istrator may determine adequately reflects the reasonable costs of the permit program. (ii) As used in this subparagraph, the term ‘‘regulated pollutant’’ shall mean (I) a vola- tile organic compound; (II) each pollutant regulated under section 7411 or 7412 of this title; and (III) each pollutant for which a na- tional primary ambient air quality standard has been promulgated (except that carbon monoxide shall be excluded from this ref- erence). (iii) In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollut- ant. (iv) The requirements of clause (i) shall not apply if the permitting authority dem- onstrates that collecting an amount less