
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: 42USC7651h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651h. Repowered sources


(a) Availability

    Not later than December 31, 1997, the owner or operator of an 
existing unit subject to the emissions limitation requirements of 
section 7651d(b) and (c) of this title may demonstrate to the permitting 
authority that one or more units will be repowered with a qualifying 
clean coal technology to comply with the requirements under section 
7651d of this title. The owner or operator shall, as part of any such 
demonstration, provide, not later than January 1, 2000, satisfactory 
documentation of a preliminary design and engineering effort for such 
repowering and an executed and binding contract for the majority of the 
equipment to repower such unit and such other information as the 
Administrator may require by regulation. The replacement of an existing 
utility unit with a new utility unit using a repowering technology 
referred to in section 7651a(2) \1\ of this title which is located at a 
different site, shall be treated as repowering of the existing unit for 
purposes of this subchapter, if--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``7651a(12)''.
---------------------------------------------------------------------------
        (1) the replacement unit is designated by the owner or operator 
    to replace such existing unit, and
        (2) the existing unit is retired from service on or before the 
    date on which the designated replacement unit enters commercial 
    operation.

(b) Extension

    (1) An owner or operator satisfying the requirements of subsection 
(a) of this section shall be granted an extension of the emission 
limitation requirement compliance date for that unit from January 1, 
2000, to December 31, 2003. The extension shall be specified in the 
permit issued to the source under section 7651g of this title, together 
with any compliance schedule and other requirements necessary to meet 
second phase requirements by the extended date. Any unit that is granted 
an extension under this section shall not be eligible for a waiver under 
section 7411(j) of this title, and shall continue to be subject to 
requirements under this subchapter as if it were a unit subject to 
section 7651d of this title.
    (2) If (A) the owner or operator of an existing unit has been 
granted an extension under paragraph (1) in order to repower such unit 
with a clean coal unit, and (B) such owner or operator demonstrates to 
the satisfaction of the Administrator that the repowering technology to 
be utilized by such unit has been properly constructed and tested on 
such unit, but nevertheless has been unable to achieve the emission 
reduction limitations and is economically or technologically infeasible, 
such existing unit may be retrofitted or repowered with equipment or 
facilities utilizing another clean coal technology or other available 
control technology.

(c) Allowances

    (1) For the period of the extension under this section, the 
Administrator shall allocate to the owner or operator of the affected 
unit, annual allowances for sulfur dioxide equal to the affected unit's 
baseline multiplied by the lesser of the unit's federally approved State 
Implementation Plan emissions limitation or its actual emission rate for 
1995 in lieu of any other allocation. Such allowances may not be 
transferred or used by any other source to meet emission requirements 
under this subchapter. The source owner or operator shall notify the 
Administrator sixty days in advance of the date on which the affected 
unit for which the extension has been granted is to be removed from 
operation to install the repowering technology.
    (2) Effective on that date, the unit shall be subject to the 
requirements of section 7651d of this title. Allowances for the year in 
which the unit is removed from operation to install the repowering 
technology shall be calculated as the product of the unit's baseline 
multiplied by 1.20 lbs/mmBtu, divided by 2,000, and prorated 
accordingly, and are transferable.
    (3) Allowances for such existing utility units for calendar years 
after the year the repowering is complete shall be calculated as the 
product of the existing unit's baseline multiplied by 1.20 lbs/mmBtu, 
divided by 2,000.
    (4) Notwithstanding the provisions of section 7651b(a) and (e) of 
this title, allowances shall be allocated under this section for a 
designated replacement unit which replaces an existing unit (as provided 
in the last sentence of subsection (a) of this section) in lieu of any 
further allocations of allowances for the existing unit.
    (5) For the purpose of meeting the aggregate emissions limitation 
requirement set forth in section 7651b(a)(1) of this title, the units 
with an extension under this subsection shall be treated in each 
calendar year during the extension period as holding allowances 
allocated under paragraph (3).

(d) Control requirements

    Any unit qualifying for an extension under this section that does 
not increase actual hourly emissions for any pollutant regulated under 
the \2\ chapter shall not be subject to any standard of performance 
under section 7411 of this title. Notwithstanding the provisions of this 
subsection, no new unit (1) designated as a replacement for an existing 
unit, (2) qualifying for the extension under subsection (b) of this 
section, and (3) located at a different site than the existing unit 
shall receive an exemption from the requirements imposed under section 
7411 of this title.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``this''.
---------------------------------------------------------------------------

(e) Expedited permitting

    State permitting authorities and, where applicable, the 
Administrator, are encouraged to give expedited consideration to permit 
applications under parts C and D of subchapter I of this chapter for any 
source qualifying for an extension under this section.

(f) Prohibition

    It shall be unlawful for the owner or operator of a repowered source 
to fail to comply with the requirement of this section, or any 
regulations of permit requirements to implement this section, including 
the prohibition against emitting sulfur dioxide in excess of allowances 
held.

(July 14, 1955, ch. 360, title IV, Sec. 409, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2619.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7651a, 7651b, 7651d, 7651f, 
7651g, 7651j of this title.
