U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 85Subchapter IV-A
§ 7651b.
Sulfur dioxide allowance program for existing and new units
(a)
Allocations of annual allowances for existing and new units
(1)
 1
1
For the emission limitation programs under this subchapter, the Administrator shall allocate annual allowances for the unit, to be held or distributed by the designated representative of the owner or operator of each affected unit at an affected source in accordance with this subchapter, in an amount equal to the annual tonnage emission limitation calculated under section 7651c, 7651d, 7651e, 7651h, or 7651i of this title except as otherwise specifically provided elsewhere in this subchapter. Except as provided in sections 7651d(a)(2), 7651d(a)(3), 7651h and 7651i of this title, beginning
(b)
Allowance transfer system
(c)
Interpollutant trading
(d)
Allowance tracking system
(1)
The Administrator shall promulgate, not later than 18 months after November 15, 1990, a system for issuing, recording, and tracking allowances, which shall specify all necessary procedures and requirements for an orderly and competitive functioning of the allowance system. All allowance allocations and transfers shall, upon recordation by the Administrator, be deemed a part of each unit’s permit requirements pursuant to section 7651g of this title, without any further permit review and revision.
(2)
In order to insure electric reliability, such regulations shall not prohibit or affect temporary increases and decreases in emissions within utility systems, power pools, or utilities entering into allowance pool agreements, that result from their operations, including emergencies and central dispatch, and such temporary emissions increases and decreases shall not require transfer of allowances among units nor shall it require recordation. The owners or operators of such units shall act through a designated representative. Notwithstanding the preceding sentence, the total tonnage of emissions in any calendar year (calculated at the end thereof) from all units in such a utility system, power pool, or allowance pool agreements shall not exceed the total allowances for such units for the calendar year concerned.
(e)
New utility units
(f)
Nature of allowances
(g)
Prohibition
(h)
Competitive bidding for power supply
(i)
Applicability of antitrust laws
(1)
Nothing in this section affects—
(A)
the applicability of the antitrust laws to the transfer, use, or sale of allowances, or
(B)
the authority of the Federal Energy Regulatory Commission under any provision of law respecting unfair methods of competition or anticompetitive acts or practices.
(2)
As used in this section, “antitrust laws” means those Acts set forth in section 12 of title 15.
(j)
Public Utility Holding Company Act
(July 14, 1955, ch. 360, title IV, § 403, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2589.)
cite as: 42 USC 7651b
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