
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7651a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 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). 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.
            (B) For any other nonutility unit that is not included in 
        the NAPAP Emissions Inventory, Version 2, or a corrected data 
        base as established by the Administrator pursuant to paragraph 
        (3), the baseline shall be the annual average quantity, in mmBtu 
        consumed in fuel by that unit, as calculated pursuant to a 
        method which the administrator shall prescribe by regulation to 
        be promulgated not later than eighteen months after November 15, 
        1990.
            (C) The Administrator shall, upon application or on his own 
        motion, by December 31, 1991, supplement data needed in support 
        of this subchapter and correct any factual errors in data from 
        which affected Phase II units' baselines or actual 1985 emission 
        rates have been calculated. Corrected data shall be used for 
        purposes of issuing allowances under the \1\ subchapter. Such 
        corrections shall not be subject to judicial review, nor shall 
        the failure of the Administrator to correct an alleged factual 
        error in such reports be subject to judicial review.
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    \1\ So in original. Probably should be ``this''.

        (5) The term ``capacity factor'' means the ratio between the 
    actual electric output from a unit and the potential electric output 
    from that unit.
        (6) The term ``compliance plan'' means, for purposes of the 
    requirements of this subchapter, either--
            (A) a statement that the source will comply with all 
        applicable requirements under this subchapter, or
            (B) where applicable, a schedule and description of the 
        method or methods for compliance and certification by the owner 
        or operator that the source is in compliance with the 
        requirements of this subchapter.

        (7) The term ``continuous emission monitoring system'' (CEMS) 
    means the equipment as required by section 7651k of this title, used 
    to sample, analyze, measure, and provide on a continuous basis a 
    permanent record of emissions and flow (expressed in pounds per 
    million British thermal units (lbs/mmBtu), pounds per hour (lbs/hr) 
    or such other form as the Administrator may prescribe by regulations 
    under section 7651k of this title).
        (8) The term ``existing unit'' means a unit (including units 
    subject to section 7411 of this title) that commenced commercial 
    operation before November 15, 1990. Any unit that commenced 
    commercial operation before November 15, 1990, which is modified, 
    reconstructed, or repowered after November 15, 1990, shall continue 
    to be an existing unit for the purposes of this subchapter. For the 
    purposes of this subchapter, existing units shall not include simple 
    combustion turbines, or units which serve a generator with a 
    nameplate capacity of 25MWe or less.
        (9) The term ``generator'' means a device that produces 
    electricity and which is reported as a generating unit pursuant to 
    Department of Energy Form 860.
        (10) The term ``new unit'' means a unit that commences 
    commercial operation on or after November 15, 1990.
        (11) The term ``permitting authority'' means the Administrator, 
    or the State or local air pollution control agency, with an approved 
    permitting program under part B \2\ of title III of the Act.
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    \2\ See References in Text note below.
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        (12) The term ``repowering'' means replacement of an existing 
    coal-fired boiler with one of the following clean coal technologies: 
    atmospheric or pressurized fluidized bed combustion, integrated 
    gasification combined cycle, magnetohydrodynamics, direct and 
    indirect coal-fired turbines, integrated gasification fuel cells, or 
    as determined by the Administrator, in consultation with the 
    Secretary of Energy, a derivative of one or more of these 
    technologies, and any other technology capable of controlling 
    multiple combustion emissions simultaneously with improved boiler or 
    generation efficiency and with significantly greater waste reduction 
    relative to the performance of technology in widespread commercial 
    use as of November 15, 1990. Notwithstanding the provisions of 
    section 7651h(a) of this title, for the purpose of this subchapter, 
    the term ``repowering'' shall also include any oil and/or gas-fired 
    unit which has been awarded clean coal technology demonstration 
    funding as of January 1, 1991, by the Department of Energy.
        (13) The term ``reserve'' means any bank of allowances 
    established by the Administrator under this subchapter.
        (14) The term ``State'' means one of the 48 contiguous States 
    and the District of Columbia.
        (15) The term ``unit'' means a fossil fuel-fired combustion 
    device.
        (16) The term ``actual 1985 emission rate'', for electric 
    utility units means the annual sulfur dioxide or nitrogen oxides 
    emission rate in pounds per million Btu as reported in the NAPAP 
    Emissions Inventory, Version 2, National Utility Reference File. For 
    nonutility units, the term ``actual 1985 emission rate'' means the 
    annual sulfur dioxide or nitrogen oxides emission rate in pounds per 
    million Btu as reported in the NAPAP Emission Inventory, Version 2.
        (17)(A) The term ``utility unit'' means--
            (i) a unit that serves a generator in any State that 
        produces electricity for sale, or
            (ii) a unit that, during 1985, served a generator in any 
        State that produced electricity for sale.

        (B) Notwithstanding subparagraph (A), a unit described in 
    subparagraph (A) that--
            (i) was in commercial operation during 1985, but
            (ii) did not, during 1985, serve a generator in any State 
        that produced electricity for sale shall not be a utility unit 
        for purposes of this subchapter.

        (C) A unit that cogenerates steam and electricity is not a 
    ``utility unit'' for purposes of this subchapter unless the unit is 
    constructed for the purpose of supplying, or commences construction 
    after November 15, 1990, and supplies, more than one-third of its 
    potential electric output capacity and more than 25 megawatts 
    electrical output to any utility power distribution system for sale.
        (18) The term ``allowable 1985 emissions rate'' means a 
    federally enforceable emissions limitation for sulfur dioxide or 
    oxides of nitrogen, applicable to the unit in 1985 or the limitation 
    applicable in such other subsequent year as determined by the 
    Administrator if such a limitation for 1985 does not exist. Where 
    the emissions limitation for a unit is not expressed in pounds of 
    emissions per million Btu, or the averaging period of that emissions 
    limitation is not expressed on an annual basis, the Administrator 
    shall calculate the annual equivalent of that emissions limitation 
    in pounds per million Btu to establish the allowable 1985 emissions 
    rate.
        (19) The term ``qualifying phase I technology'' means a 
    technological system of continuous emission reduction which achieves 
    a 90 percent reduction in emissions of sulfur dioxide from the 
    emissions that would have resulted from the use of fuels which were 
    not subject to treatment prior to combustion.
        (20) The term ``alternative method of compliance'' means a 
    method of compliance in accordance with one or more of the following 
    authorities:
            (A) a substitution plan submitted and approved in accordance 
        with subsections \3\ 7651c(b) and (c) of this title;
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    \3\ So in original. Probably should be ``section''.
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            (B) a Phase I extension plan approved by the Administrator 
        under section 7651c(d) of this title, using qualifying phase I 
        technology as determined by the Administrator in accordance with 
        that section; or
            (C) repowering with a qualifying clean coal technology under 
        section 7651h of this title.

        (21) The term ``commenced'' as applied to construction of any 
    new electric utility unit means that an owner or operator has 
    undertaken a continuous program of construction or that an owner or 
    operator has entered into a contractual obligation to undertake and 
    complete, within a reasonable time, a continuous program of 
    construction.
        (22) The term ``commenced commercial operation'' means to have 
    begun to generate electricity for sale.
        (23) The term ``construction'' means fabrication, erection, or 
    installation of an affected unit.
        (24) The term ``industrial source'' means a unit that does not 
    serve a generator that produces electricity, a ``nonutility unit'' 
    as defined in this section, or a process source as defined in 
    section 7651i(e) \4\ of this title.
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    \4\ So in original. Probably should be section ``7651i(d)''.
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        (25) The term ``nonutility unit'' means a unit other than a 
    utility unit.
        (26) The term ``designated representative'' means a responsible 
    person or official authorized by the owner or operator of a unit to 
    represent the owner or operator in matters pertaining to the 
    holding, transfer, or disposition of allowances allocated to a unit, 
    and the submission of and compliance with permits, permit 
    applications, and compliance plans for the unit.
        (27) The term ``life-of-the-unit, firm power contractual 
    arrangement'' means a unit participation power sales agreement under 
    which a utility or industrial customer reserves, or is entitled to 
    receive, a specified amount or percentage of capacity and associated 
    energy generated by a specified generating unit (or units) and pays 
    its proportional amount of such unit's total costs, pursuant to a 
    contract either--
            (A) for the life of the unit;
            (B) for a cumulative term of no less than 30 years, 
        including contracts that permit an election for early 
        termination; or
            (C) for a period equal to or greater than 25 years or 70 
        percent of the economic useful life of the unit determined as of 
        the time the unit was built, with option rights to purchase or 
        re-lease some portion of the capacity and associated energy 
        generated by the unit (or units) at the end of the period.

        (28) The term ``basic Phase II allowance allocations'' means:
            (A) For calendar years 2000 through 2009 inclusive, 
        allocations of allowances made by the Administrator pursuant to 
        section 7651b of this title and subsections (b)(1), (3), and 
        (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e); 
        (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i) and (j) of 
        section 7651d of this title.
            (B) For each calendar year beginning in 2010, allocations of 
        allowances made by the Administrator pursuant to section 7651b 
        of this title and subsections (b)(1), (3), and (4); (c)(1), (2), 
        (3), and (5); (d)(1), (2), (4) and (5); (e); (f); (g)(1), (2), 
        (3), (4), and (5); (h)(1) and (3); (i) and (j) of section 7651d 
        of this title.

        (29) The term ``Phase II bonus allowance allocations'' means, 
    for calendar year 2000 through 2009, inclusive, and only for such 
    years, allocations made by the Administrator pursuant to section 
    7651b of this title, subsections (a)(2), (b)(2), (c)(4), (d)(3) 
    (except as otherwise provided therein), and (h)(2) of section 7651d 
    of this title, and section 7651e of this title.

(July 14, 1955, ch. 360, title IV, Sec. 402, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2585.)

                       References in Text

    Part B of title III of the Act, referred to in par. (11), 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 (Sec. 7661 et seq.) of this chapter.

                          Codification

    Another section 402 of act July 14, 1955, as added by Pub. L. 91-
604, Sec. 14, Dec. 31, 1970, 84 Stat. 1709, is classified to section 
7641 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7651c, 7651g, 7651h of this 
title.
