
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: 42USC7651i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651i. Election for additional sources


(a) Applicability

    The owner or operator of any unit that is not, nor will become, an 
affected unit under section 7651b(e), 7651c, or 7651d of this title, or 
that is a process source under subsection (d) of this section, that 
emits sulfur dioxide, may elect to designate that unit or source to 
become an affected unit and to receive allowances under this subchapter. 
An election shall be submitted to the Administrator for approval, along 
with a permit application and proposed compliance plan in accordance 
with section 7651g of this title. The Administrator shall approve a 
designation that meets the requirements of this section, and such 
designated unit, or source, shall be allocated allowances, and be an 
affected unit for purposes of this subchapter.

(b) Establishment of baseline

    The baseline for a unit designated under this section shall be 
established by the Administrator by regulation, based on fuel 
consumption and operating data for the unit for calendar years 1985, 
1986, and 1987, or if such data is not available, the Administrator may 
prescribe a baseline based on alternative representative data.

(c) Emission limitations

    Annual emissions limitations for sulfur dioxide shall be equal to 
the product of the baseline multiplied by the lesser of the unit's 1985 
actual or allowable emission rate in lbs/mmBtu, or, if the unit did not 
operate in 1985, by the lesser of the unit's actual or allowable 
emission rate for a calendar year after 1985 (as determined by the 
Administrator), divided by 2,000.

(d) Process sources

    Not later than 18 months after November 15, 1990, the Administrator 
shall establish a program under which the owner or operator of a process 
source that emits sulfur dioxide may elect to designate that source as 
an affected unit for the purpose of receiving allowances under this 
subchapter. The Administrator shall, by regulation, define the sources 
that may be designated; specify the emissions limitation; specify the 
operating, emission baseline, and other data requirements; prescribe 
CEMS or other monitoring requirements; and promulgate permit, reporting, 
and any other requirements necessary to implement such a program.

(e) Allowances and permits

    The Administrator shall issue allowances to an affected unit under 
this section in an amount equal to the emissions limitation calculated 
under subsection (c) or (d) of this section, in accordance with section 
7651b of this title. Such allowance may be used in accordance with, and 
shall be subject to, the provisions of section 7651b of this title. 
Affected sources under this section shall be subject to the requirements 
of sections 7651b, 7651g, 7651j, 7651k, 7651l, and 7651m of this title.

(f) Limitation

    Any unit designated under this section shall not transfer or bank 
allowances produced as a result of reduced utilization or shutdown, 
except that, such allowances may be transferred or carried forward for 
use in subsequent years to the extent that the reduced utilization or 
shutdown results from the replacement of thermal energy from the unit 
designated under this section, with thermal energy generated by any 
other unit or units subject to the requirements of this subchapter, and 
the designated unit's allowances are transferred or carried forward for 
use at such other replacement unit or units. In no case may the 
Administrator allocate to a source designated under this section 
allowances in an amount greater than the emissions resulting from 
operation of the source in full compliance with the requirements of this 
chapter. No such allowances shall authorize operation of a unit in 
violation of any other requirements of this chapter.

(g) Implementation

    The Administrator shall issue regulations to implement this section 
not later than eighteen months after November 15, 1990.

(h) Small diesel refineries

    The Administrator shall issue allowances to owners or operators of 
small diesel refineries who produce diesel fuel after October 1, 1993, 
meeting the requirements of subsection \1\ 7545(i) of this title.
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    \1\ So in original. Probably should be ``section''.
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                        (1) Allowance period

        Allowances may be allocated under this subsection only for the 
    period from October 1, 1993, through December 31, 1999.

                     (2) Allowance determination

        The number of allowances allocated pursuant to this paragraph 
    shall equal the annual number of pounds of sulfur dioxide reduction 
    attributable to desulfurization by a small refinery divided by 
    2,000. For the purposes of this calculation, the concentration of 
    sulfur removed from diesel fuel shall be the difference between 
    0.274 percent (by weight) and 0.050 percent (by weight).

                      (3) Refinery eligibility

        As used in this subsection, the term ``small refinery'' shall 
    mean a refinery or portion of a refinery--
            (A) which, as of November 15, 1990, has bona fide crude oil 
        throughput of less than 18,250,000 barrels per year, as reported 
        to the Department of Energy, and
            (B) which, as of November 15, 1990, is owned or controlled 
        by a refiner with a total combined bona fide crude oil 
        throughput of less than 50,187,500 barrels per year, as reported 
        to the Department of Energy.

                     (4) Limitation per refinery

        The maximum number of allowances that can be annually allocated 
    to a small refinery pursuant to this subsection is one thousand and 
    five hundred.

                       (5) Limitation on total

        In any given year, the total number of allowances allocated 
    pursuant to this subsection shall not exceed thirty-five thousand.

                     (6) Required certification

        The Administrator shall not allocate any allowances pursuant to 
    this subsection unless the owner or operator of a small diesel 
    refinery shall have certified, at a time and in a manner prescribed 
    by the Administrator, that all motor diesel fuel produced by the 
    refinery for which allowances are claimed, including motor diesel 
    fuel for off-highway use, shall have met the requirements of 
    subsection \1\ 1545(i) of this title.

(July 14, 1955, ch. 360, title IV, Sec. 410, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2621.)

                  Section Referred to in Other Sections

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