
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: 42USC7651g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651g. Permits and compliance plans


(a) Permit program

    The provisions of this subchapter shall be implemented, subject to 
section 7651b of this title, by permits issued to units subject to this 
subchapter (and enforced) in accordance with the provisions of 
subchapter V of this chapter, as modified by this subchapter. Any such 
permit issued by the Administrator, or by a State with an approved 
permit program, shall prohibit--
        (1) annual emissions of sulfur dioxide in excess of the number 
    of allowances to emit sulfur dioxide the owner or operator, or the 
    designated representative of the owners or operators, 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, notwithstanding subchapter V of this chapter. No permit 
shall be issued that is inconsistent with the requirements of this 
subchapter, and subchapter V of this chapter as applicable.

(b) Compliance plan

    Each initial permit application shall be accompanied by a compliance 
plan for the source to comply with its requirements under this 
subchapter. 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 considered a ``facility''. 
Nothing in this section regarding compliance plans or in subchapter V of 
this chapter shall be construed as affecting allowances. Except as 
provided under subsection (c)(1)(B) of this section, submission of a 
statement by the owner or operator, or the designated representative of 
the owners and operators, of a unit subject to the emissions limitation 
requirements of sections 7651c, 7651d, and 7651f of this title, that the 
unit will meet the applicable 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 approved compliance planning requirements of this section and 
subchapter V of this chapter, 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 section 7651i of this title, the proposed and approved 
compliance plan, permit application and permit shall include, pursuant 
to regulations promulgated by the Administrator, for each alternative 
method of compliance a comprehensive description of the schedule and 
means by which the unit will rely on one or more alternative methods of 
compliance in the manner and time authorized under this subchapter. 
Recordation by the Administrator of transfers of allowances shall amend 
automatically all applicable proposed or approved permit applications, 
compliance plans and permits. The Administrator may also require--
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    \1\ So in original. Probably should be followed by a comma.
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        (1) for a source, a demonstration of attainment of national 
    ambient air quality standards, and
        (2) from the owner or operator of two or more affected sources, 
    an integrated compliance plan providing an overall plan for 
    achieving compliance at the affected sources.

(c) First phase permits

    The Administrator shall issue permits to affected sources under 
sections 7651c and 7651f of this title.

             (1) Permit application and compliance plan

        (A) Not later than 27 months after November 15, 1990, the 
    designated representative of the owners or operators, or the owner 
    and operator, of each affected source under sections 7651c and 7651f 
    of this title shall submit a permit application and compliance plan 
    for that source in accordance with regulations issued by the 
    Administrator under paragraph (3). The permit application and the 
    compliance plan shall be binding on the owner or operator or the 
    designated representative of owners and operators for purposes of 
    this subchapter and section 7651a(a) \2\ of this title, and shall be 
    enforceable in lieu of a permit until a permit is issued by the 
    Administrator for the source.
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    \2\ So in original. Section 7651a of this title does not contain 
subsections.
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        (B) In the case of a compliance plan for an affected source 
    under sections 7651c and 7651f of this title for which the owner or 
    operator proposes to meet the requirements of that section by 
    reducing utilization of the unit as compared with its baseline or by 
    shutting down the unit, the owner or operator shall include in the 
    proposed compliance plan a specification of the unit or units that 
    will provide electrical generation to compensate for the reduced 
    output at the affected source, or a demonstration that such reduced 
    utilization will be accomplished through energy conservation or 
    improved unit efficiency. The unit to be used for such compensating 
    generation, which is not otherwise an affected unit under sections 
    7651c and 7651f of this title, shall be deemed an affected unit 
    under section 7651c of this title, subject to all of the 
    requirements for such units under this subchapter, except that 
    allowances shall be allocated to such compensating unit in the 
    amount of an annual limitation equal to the product of the unit's 
    baseline multiplied by the lesser of the unit's actual 1985 
    emissions rate or its allowable 1985 emissions rate, divided by 
    2,000.

                 (2) EPA action on compliance plans

        The Administrator shall review each proposed compliance plan to 
    determine whether it satisfies the requirements of this subchapter, 
    and shall approve or disapprove such plan within 6 months after 
    receipt of a complete submission. If a plan is disapproved, it may 
    be resubmitted for approval with such changes as the Administrator 
    shall require consistent with the requirements of this subchapter 
    and within such period as the Administrator prescribes as part of 
    such disapproval.

                (3) Regulations; issuance of permits

        Not later than 18 months after November 15, 1990, the 
    Administrator shall promulgate regulations, in accordance with 
    subchapter V of this chapter, to implement a Federal permit program 
    to issue permits for affected sources under this subchapter. 
    Following promulgation, the Administrator shall issue a permit to 
    implement the requirements of section 7651c of this title and the 
    allowances provided under section 7651b of this title to the owner 
    or operator of each affected source under section 7651c of this 
    title. Such a permit shall supersede any permit application and 
    compliance plan submitted under paragraph (1).

                              (4) Fees

        During the years 1995 through 1999 inclusive, no fee shall be 
    required to be paid under section 7661a(b)(3) of this title or under 
    section 7410(a)(2)(L) of this title with respect to emissions from 
    any unit which is an affected unit under section 7651c of this 
    title.

(d) Second phase permits

    (1) To provide for permits for (A) new electric utility steam 
generating units required under section 7651b(e) of this title to have 
allowances, (B) affected units or sources under section 7651d of this 
title, and (C) existing units subject to nitrogen oxide emission 
reductions under section 7651f of this title, each State in which one or 
more such units or sources are located shall submit in accordance with 
subchapter V of this chapter, a permit program for approval as provided 
by that subchapter. Upon approval of such program, for the units or 
sources subject to such approved program the Administrator shall suspend 
the issuance of permits as provided in subchapter V of this chapter.
    (2) The owner or operator or the designated representative of each 
affected source under section 7651d of this title shall submit a permit 
application and compliance plan for that source to the permitting 
authority, not later than January 1, 1996.
    (3) Not later than December 31, 1997, each State with an approved 
permit program shall issue permits to the owner or operator, or the 
designated representative of the owners and operators, of affected 
sources under section 7651d of this title that satisfy the requirements 
of subchapter V of this chapter and this subchapter and that submitted 
to such State a permit application and compliance plan pursuant to 
paragraph (2). In the case of a State without an approved permit program 
by July 1, 1996, the Administrator shall, not later than January 1, 
1998, issue a permit to the owner or operator or the designated 
representative of each such affected source. In the case of affected 
sources for which applications and plans are timely received under 
paragraph (2), the permit application and the compliance plan, including 
amendments thereto, shall be binding on the owner or operator or the 
designated representative of the owners or operators and shall be 
enforceable as a permit for purposes of this subchapter and subchapter V 
of this chapter until a permit is issued by the permitting authority for 
the affected source. The provisions of section 558(c) of title 5 
(relating to renewals) shall apply to permits issued by a permitting 
authority under this subchapter and subchapter V of this chapter.
    (4) The permit issued in accordance with this subsection for an 
affected source shall provide that the affected units at the affected 
source may not emit an annual tonnage of sulfur dioxide in excess of the 
number of allowances to emit sulfur dioxide the owner or operator or 
designated representative hold for the unit.

(e) New units

    The owner or operator of each source that includes a new electric 
utility steam generating unit shall submit a permit application and 
compliance plan to the permitting authority not later than 24 months 
before the later of (1) January 1, 2000, or (2) the date on which the 
unit commences operation. The permitting authority shall issue a permit 
to the owner or operator, or the designated representative thereof, of 
the unit that satisfies the requirements of subchapter V of this chapter 
and this subchapter.

(f) Units subject to certain other limits

    The owner or operator, or designated representative thereof, of any 
unit subject to an emission rate requirement under section 7651f of this 
title shall submit a permit application and compliance plan for such 
unit to the permitting authority, not later than January 1, 1998. The 
permitting authority shall issue a permit to the owner or operator that 
satisfies the requirements of subchapter V of this chapter and this 
subchapter, including any appropriate monitoring and reporting 
requirements.

(g) Amendment of application and compliance plan

    At any time after the submission of an application and compliance 
plan under this section, the applicant may submit a revised application 
and compliance plan, in accordance with the requirements of this 
section. In considering any permit application and compliance plan under 
this subchapter, the permitting authority shall ensure coordination with 
the applicable electric ratemaking authority, in the case of regulated 
utilities, and with unregulated public utilities.

(h) Prohibition

    (1) It shall be unlawful for an owner or operator, or designated 
representative, required to submit a permit application or compliance 
plan under this subchapter to fail to submit such application or plan in 
accordance with the deadlines specified in this section or to otherwise 
fail to comply with regulations implementing this section.
    (2) It shall be unlawful for any person to operate any source 
subject to this subchapter except in compliance with the terms and 
requirements of a permit application and compliance plan (including 
amendments thereto) or permit issued by the Administrator or a State 
with an approved permit program. For purposes of this subsection, 
compliance, as provided in section 7661c(f) of this title, with a permit 
issued under subchapter V of this chapter which complies with this 
subchapter for sources subject to this subchapter shall be deemed 
compliance with this subsection as well as section 7661a(a) of this 
title.
    (3) In order to ensure reliability of electric power, nothing in 
this subchapter or subchapter V of this chapter shall be construed as 
requiring termination of operations of an electric utility steam 
generating unit for failure to have an approved permit or compliance 
plan, except that any such unit may be subject to the applicable 
enforcement provisions of section 7413 of this title.

(i) Multiple owners

    No permit shall be issued under this section to an affected unit 
until the designated representative of the owners or operators has filed 
a certificate of representation with regard to matters under this 
subchapter, including the holding and distribution of allowances and the 
proceeds of transactions involving allowances. Where there are multiple 
holders of a legal or equitable title to, or a leasehold interest in, 
such a unit, or where a utility or industrial customer purchases power 
from an affected unit (or units) under life-of-the-unit, firm power 
contractual arrangements, the certificate shall state (1) that 
allowances and the proceeds of transactions involving allowances will be 
deemed to be held or distributed in proportion to each holder's legal, 
equitable, leasehold, or contractual reservation or entitlement, or (2) 
if such multiple holders have expressly provided for a different 
distribution of allowances by contract, that allowances and the proceeds 
of transactions involving allowances will be deemed to be held or 
distributed in accordance with the contract. A passive lessor, or a 
person who has an equitable interest through such lessor, whose rental 
payments are not based, either directly or indirectly, upon the revenues 
or income from the affected unit shall not be deemed to be a holder of a 
legal, equitable, leasehold, or contractual interest for the purpose of 
holding or distributing allowances as provided in this subsection, 
during either the term of such leasehold or thereafter, unless expressly 
provided for in the leasehold agreement. Except as otherwise provided in 
this subsection, where all legal or equitable title to or interest in an 
affected unit is held by a single person, the certification shall state 
that all allowances received by the unit are deemed to be held for that 
person.

(July 14, 1955, ch. 360, title IV, Sec. 408, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2616.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7651b, 7651c, 7651f, 7651h, 
7651i of this title.
