42 U.S.C. § 7651i : US Code - Section 7651I: Election for additional sources

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