Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER IV–A — ACID DEPOSITION CONTROL › § 7651o
Creates a special pool of pollution allowances and sets rules for selling them by direct sale and auction. The agency must set up the pool within 36 months after November 15, 1990. It withholds 2.8 percent of annual allowance allocations for each year 1995–1999, and 2.8 percent of the basic Phase II allocation each year starting in 2000, and puts those withheld allowances into the Special Allowance Reserve. The Direct Sale Subaccount holds 50,000 tons per year starting in 2000 and offers certain allowances at $1,500 each (adjusted by the Consumer Price Index from 1990); some direct-sale amounts in 1993–1999 and 2000+ are set at 25,000 tons for spot and/or advance sales as shown in the law. The agency must let independent power producers who meet narrow conditions get a written guarantee to buy required allowances at the guaranteed $1,500 (CPI-adjusted) price; buyers pay 50 percent within 6 months and the rest before transfer. If too few direct-sale allowances sell (less than 20 percent in two straight years) those allowances move to the auction account. The Auction Subaccount holds 150,000 tons per year for 1995–1999 and 250,000 per year starting in 2000, with earlier yearly auction amounts set for 1993–1999 and 2000+ (spot and advance amounts are detailed in the law). Annual auctions start in 1993 with sealed bids and highest bids winning; no minimum reserve price is allowed. Auction and direct-sale proceeds must be transferred within 90 days, pro rata, to the owners or operators whose allowances were withheld, and may not be kept as U.S. government revenue. Unsold allowances are returned or moved as the law says. The agency must publish auction results, may reduce withheld amounts after certain years (advance after 1998, spot after 2005), and may stop auctions if purchases fall below 20 percent over any three consecutive years after 2002. Definitions: independent power producer = person who owns or runs one or more new independent power plants; new independent power production facility = a new plant that sells at least 80% wholesale, is project-financed, doesn’t sell to an affiliate, and must hold allowances; required allowances = allowances needed to operate the unit for its life after January 1, 2000.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 7651o
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110