Title 42 — The Public Health and WelfareRelease 119-73

§7651e Allowances for States with emissions rates at or below 0.80 lbs/mmBtu

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER IV–A— - ACID DEPOSITION CONTROL › § 7651e

Last updated Apr 6, 2026|Official source

Summary

States whose 1985 statewide average sulfur dioxide emissions were 0.80 lbs/mmBtu or less can get extra Phase II allowances if their Governor chooses that option. From January 1, 2000 through 2009, the EPA will give each fossil-fuel steam unit in those States extra allowances from the reserve. Each unit gets 125,000 times its share of 1985 electricity generation among all eligible States. The Governor must tell the EPA about the choice. If the Governor does not notify the EPA, the EPA will use the regular allocation rules. After January 1, 2010, allocations follow the regular rules.

Full Legal Text

Title 42, §7651e

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In addition to basic Phase II allowance allocations, upon the election of the Governor of any State, with a 1985 state-wide annual sulfur dioxide emissions rate equal to or less than, 0.80 lbs/mmBtu, averaged over all fossil fuel-fired utility steam generating units, beginning January 1, 2000, and for each calendar year thereafter until and including 2009, the Administrator shall allocate, in lieu of other Phase II bonus allowance allocations, allowances from the reserve created pursuant to section 7651d(a)(2) of this title to all such units in the State in an amount equal to 125,000 multiplied by the unit’s pro rata share of electricity generated in calendar year 1985 at fossil fuel-fired utility steam units in all States eligible for the election.

(b)Pursuant to section 7651b(a)(1) of this title, each Governor of a State eligible to make an election under paragraph 11 So in original. Probably should be “subsection”. (a) shall notify the Administrator of such election. In the event that the Governor of any such State fails to notify the Administrator of the Governor’s elections, the Administrator shall allocate allowances pursuant to section 7651d of this title.

(c)After January 1, 2010, the Administrator shall allocate allowances to units subject to the provisions of this section pursuant to section 7651d of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7651e

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73