42 U.S. Code § 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.


[1]  So in original. Probably should be section “7651a(12)”.

[2]  So in original. Probably should be “this”.

Source

(July 14, 1955, ch. 360, title IV, § 409, as added Pub. L. 101–549, title IV, § 401,Nov. 15, 1990, 104 Stat. 2619.)

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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18 CFR - Conservation of Power and Water Resources

18 CFR Part 101 - UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR PUBLIC UTILITIES AND LICENSEES SUBJECT TO THE PROVISIONS OF THE FEDERAL POWER ACT

18 CFR Part 201 - UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR NATURAL GAS COMPANIES SUBJECT TO THE PROVISIONS OF THE NATURAL GAS ACT

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 6 - PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA ACTIONS

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS

40 CFR Part 62 - APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

40 CFR Part 74 - SULFUR DIOXIDE OPT-INS

40 CFR Part 76 - ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM

40 CFR Part 78 - APPEAL PROCEDURES

40 CFR Part 81 - DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

40 CFR Part 85 - CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

40 CFR Part 86 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

40 CFR Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 90 - CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS

40 CFR Part 91 - CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

40 CFR Part 92 - CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES

40 CFR Part 93 - DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS

40 CFR Part 94 - CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES

40 CFR Part 96 - NO X BUDGET TRADING PROGRAM AND CAIR NO X AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

40 CFR Part 1027 - FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

40 CFR Part 1036 - CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES

40 CFR Part 1037 - CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

40 CFR Part 1039 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES

40 CFR Part 1045 - CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS

40 CFR Part 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION ENGINES

40 CFR Part 1051 - CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

40 CFR Part 1054 - CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT

40 CFR Part 1060 - CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE NONROAD AND STATIONARY EQUIPMENT

40 CFR Part 1065 - ENGINE-TESTING PROCEDURES

40 CFR Part 1066 - VEHICLE-TESTING PROCEDURES

40 CFR Part 1068 - GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS

40 CFR Part 1074 - PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

 

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