42 U.S.C. § 7651g : US Code - Section 7651G: Permits and compliance plans

Search 42 U.S.C. § 7651g : US Code - Section 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 -
(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.
(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.