
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: 42USC7651f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651f. Nitrogen oxides emission reduction program


(a) Applicability

    On the date that a coal-fired utility unit becomes 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 SO<INF>2</INF> reduction requirements, each 
such unit shall become an affected unit for purposes of this section and 
shall be subject to the emission limitations for nitrogen oxides set 
forth herein.
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    \1\ So in original. Probably should be followed by ``or''.
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(b) Emission limitations

    (1) Not later than eighteen months after November 15, 1990, the 
Administrator shall by regulation establish annual allowable emission 
limitations for nitrogen oxides for the types of utility 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 
NO<INF>x</INF> 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 Administrator shall, by 
regulation, establish allowable emission limitations on a lb/mmBtu, 
annual average 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 retrofit application of the best system of 
continuous emission reduction, taking into account available technology, 
costs and energy and environmental impacts; and which is comparable to 
the costs of nitrogen oxides controls set pursuant to subsection (b)(1) 
of this section. Not later than January 1, 1997, the Administrator may 
revise the applicable emission limitations for tangentially fired and 
dry bottom, wall-fired boilers (other than cell burners) to be more 
stringent if the Administrator determines that more effective low 
NO<INF>x</INF> burner technology is available: Provided, That, no unit 
that is an affected unit pursuant to section 7651c of this title and 
that is subject to the requirements of subsection (b)(1) of this 
section, shall be subject to the revised emission limitations, if any.

(c) Revised performance standards

    (1) Not later than January 1, 1993, the Administrator shall propose 
revised standards of performance to section 7411 of this title for 
nitrogen 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 improvements 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 established under subsection 
(b)(1) or (b)(2) of this section upon a determination that--
        (1) a unit subject to subsection (b)(1) of this section cannot 
    meet the applicable limitation using low NO<INF>x</INF> burner 
    technology; or
        (2) a unit subject to subsection (b)(2) of this section cannot 
    meet the applicable rate using the technology on which the 
    Administrator based the applicable emission limitation.

The permitting authority shall base such determination upon a showing 
satisfactory to the permitting authority, in accordance with regulations 
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 period of time as the Administrator determines 
    through the regulations), and provides operating 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 operating permit for the unit in 
question, in accordance with section 7651g of this title and part B \2\ 
of title III--
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    \2\ See References in Text note below.
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        (i) that permits the unit during the demonstration period 
    referred to in subparagraph (2) above, to emit at a rate in excess 
    of the applicable emission rate;
        (ii) at the conclusion of the demonstration period to revise the 
    operating permit to reflect the alternative emission rate 
    demonstrated in paragraphs (2) and (3) above.

Units subject to subsection (b)(1) of this section for which an 
alternative emission limitation is established shall not be required to 
install any additional control technology beyond low NO<INF>x</INF> 
burners. Nothing in this section shall preclude an owner or operator 
from installing and operating an alternative NO<INF>x</INF> 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) of this section demonstrates to the 
satisfaction of the Administrator that the technology necessary to meet 
such requirements is not in adequate supply to enable its installation 
and operation at the unit, consistent with system reliability, by 
January 1, 1995, then the Administrator shall extend the deadline for 
compliance for the unit by a period of 15 months. Any owner or operator 
may petition the Administrator to make a determination 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 emission limitations under 
subsection (b)(1), (2), or (d) of this section, the owner or operator of 
two or more units subject to one or more of the applicable emission 
limitations set pursuant to these sections, may petition the permitting 
authority for alternative contemporaneous annual emission limitations 
for such units that ensure that (1) the actual annual emission rate in 
pounds of nitrogen 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 accordance with the applicable emission rates set pursuant to 
subsections (b)(1) and (2) of this section.
    If the permitting authority determines, in accordance with 
regulations issued by the Administrator not later than eighteen months 
after November 15, 1990; \3\ that the conditions in the paragraph above 
can be met, the permitting authority shall issue operating permits for 
such units, in accordance with section 7651g of this title and part B 
\2\ of title III, that allow alternative contemporaneous annual emission 
limitations. Such emission limitations shall only remain in effect while 
both units continue operation under the conditions specified in their 
respective operating permits.
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    \3\ So in original. The semicolon probably should be a comma.
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(July 14, 1955, ch. 360, title IV, Sec. 407, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2613.)

                       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 (Sec. 7661 et seq.) of this chapter.

                  Section Referred to in Other Sections

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