Title 42, The Public Health and WelfareRelease 119-110

§7651e Allowances for States with Emissions Rates at or Below 0.80 Lbs/mmbtu

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

Last updated Sep 23, 2026|Official source

Summary

If a Governor chooses it and the State’s 1985 sulfur dioxide rate was 0.80 lbs/mmBtu or less (averaged across its fossil fuel-fired utility steam units), then from January 1, 2000 through 2009 the Administrator must allocate allowances from the reserve instead of other Phase II bonus allowances. Each unit gets 125,000 times its 1985 share of electricity generation among all eligible States. Each eligible Governor must tell the Administrator about the choice. If a Governor does not notify, the Administrator will allocate under section 7651d. After January 1, 2010, allocations for these units follow section 7651d.

Full Legal Text

Title 42, §7651e

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

(a)Election of Governor (b) Notification of Administrator (c) Allowances after January 1, 2010

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7651e

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110