
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: 42USC7651k]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                SUBCHAPTER IV-A--ACID DEPOSITION CONTROL
 
Sec. 7651k. Monitoring, reporting, and recordkeeping 
        requirements
        

(a) Applicability

    The owner and operator of any source subject to this subchapter 
shall be required to install and operate CEMS on each affected unit at 
the source, and to quality assure the data for sulfur dioxide, nitrogen 
oxides, opacity and volumetric flow at each such unit. The Administrator 
shall, by regulations issued not later than eighteen months after 
November 15, 1990, specify the requirements for CEMS, for any 
alternative monitoring system that is demonstrated as providing 
information with the same precision, reliability, accessibility, and 
timeliness as that provided by CEMS, and for recordkeeping and reporting 
of information from such systems. Such regulations may include 
limitations or the use of alternative compliance methods by units 
equipped with an alternative monitoring system as may be necessary to 
preserve the orderly functioning of the allowance system, and which will 
ensure the emissions reductions contemplated by this subchapter. Where 2 
or more units utilize a single stack, a separate CEMS shall not be 
required for each unit, and for such units the regulations shall require 
that the owner or operator collect sufficient information to permit 
reliable compliance determinations for each such unit.

(b) First phase requirements

    Not later than thirty-six months after November 15, 1990, the owner 
or operator of each affected unit under section 7651c of this title, 
including, but not limited to, units that become affected units pursuant 
to subsections (b) and (c) of this section and eligible units under 
subsection (d) of this section, shall install and operate CEMS, quality 
assure the data, and keep records and reports in accordance with the 
regulations issued under subsection (a) of this section.

(c) Second phase requirements

    Not later than January 1, 1995, the owner or operator of each 
affected unit that has not previously met the requirements of 
subsections (a) and (b) of this section shall install and operate CEMS, 
quality assure the data, and keep records and reports in accordance with 
the regulations issued under subsection (a) of this section. Upon 
commencement of commercial operation of each new utility unit, the unit 
shall comply with the requirements of subsection (a) of this section.

(d) Unavailability of emissions data

    If CEMS data or data from an alternative monitoring system approved 
by the Administrator under subsection (a) of this section is not 
available for any affected unit during any period of a calendar year in 
which such data is required under this subchapter, and the owner or 
operator cannot provide information, satisfactory to the Administrator, 
on emissions during that period, the Administrator shall deem the unit 
to be operating in an uncontrolled manner during the entire period for 
which the data was not available and shall, by regulation which shall be 
issued not later than eighteen months after November 15, 1990, prescribe 
means to calculate emissions for that period. The owner or operator 
shall be liable for excess emissions fees and offsets under section 
7651j of this title in accordance with such regulations. Any fee due and 
payable under this subsection shall not diminish the liability of the 
unit's owner or operator for any fine, penalty, fee or assessment 
against the unit for the same violation under any other section of this 
chapter.

(e) Prohibition

    It shall be unlawful for the owner or operator of any source subject 
to this subchapter to operate a source without complying with the 
requirements of this section, and any regulations implementing this 
section.

(July 14, 1955, ch. 360, title IV, Sec. 412, as added Pub. L. 101-549, 
title IV, Sec. 401, Nov. 15, 1990, 104 Stat. 2624.)


Information Gathering on Greenhouse Gases Contributing to Global Climate 
                                 Change

    Section 821 of Pub. L. 101-549 provided that:
    ``(a) Monitoring.--The Administrator of the Environmental Protection 
Agency shall promulgate regulations within 18 months after the enactment 
of the Clean Air Act Amendments of 1990 [Nov. 15, 1990] to require that 
all affected sources subject to title V of the Clean Air Act [probably 
means title IV of the Clean Air Act as added by Pub. L. 101-549, which 
is classified to section 7651 et seq. of this title] shall also monitor 
carbon dioxide emissions according to the same timetable as in section 
511(b) and (c) [probably means section 412(b) and (c) of the Clean Air 
Act, which is classified to section 7651k(b) and (c) of this title]. The 
regulations shall require that such data be reported to the 
Administrator. The provisions of section 511(e) of title V of the Clean 
Air Act [probably means section 412(e) of title IV of the Clean Air Act, 
which is classified to section 7651k(e) of this title] shall apply for 
purposes of this section in the same manner and to the same extent as 
such provision applies to the monitoring and data referred to in section 
511 [probably means section 412 of the Clean Air Act, which is 
classified to section 7651k of this title].
    ``(b) Public Availability of Carbon Dioxide Information.--For each 
unit required to monitor and provide carbon dioxide data under 
subsection (a), the Administrator shall compute the unit's aggregate 
annual total carbon dioxide emissions, incorporate such data into a 
computer data base, and make such aggregate annual data available to the 
public.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7651a, 7651i of this title.
