42 U.S.C. § 7651h : US Code - Section 7651H: Repowered sources

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