---
kind: "section"
citation: "42 U.S.C. § 7651h"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7651h"
heading: "Repowered sources"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7651h"
units:
  - "Chapter 85 — Air Pollution Prevention and Control"
  - "Subchapter IV–A — Acid Deposition Control"
---

# §7651h. Repowered sources

- (a) **Availability—** Not later than December 31, 1997, the [owner](/usc/42/13641.md?p=4) or operator of an [existing unit](/usc/42/7651a.md?p=8) subject to the emissions limitation requirements of [section 7651d(b)](/usc/42/7651d.md?p=b) and (c) of this title may demonstrate to the [permitting authority](/usc/42/7651a.md?p=11) that one or more [units](/usc/42/7651a.md?p=15) will be repowered with a qualifying clean coal technology to comply with the requirements under [section 7651d of this title](/usc/42/7651d.md). The [owner](/usc/42/13641.md?p=4) 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](/usc/42/7651a.md?p=12) and an executed and binding contract for the majority of the equipment to repower such [unit](/usc/42/7651a.md?p=15) and such other information as the [Administrator](/usc/42/7602.md?p=a) may require by regulation. The replacement of an existing [utility unit](/usc/42/7651a.md?p=17-A) with a new [utility unit](/usc/42/7651a.md?p=17-A) using a [repowering](/usc/42/7651a.md?p=12) technology referred to in [section 7651a(2)](/usc/42/7651a.md?p=2)[^1] of this title which is located at a different site, shall be treated as [repowering](/usc/42/7651a.md?p=12) of the [existing unit](/usc/42/7651a.md?p=8) for purposes of this subchapter, if—
  - (1) the replacement [unit](/usc/42/7651a.md?p=15) is designated by the [owner](/usc/42/13641.md?p=4) or operator to replace such [existing unit](/usc/42/7651a.md?p=8), and
  - (2) the [existing unit](/usc/42/7651a.md?p=8) is retired from service on or before the date on which the designated replacement [unit](/usc/42/7651a.md?p=15) enters commercial operation.
- (b) **Extension—**
  - (1) An [owner](/usc/42/13641.md?p=4) or operator satisfying the requirements of [subsection (a)](#a) shall be granted an extension of the [emission limitation](/usc/42/7602.md?p=k) requirement compliance date for that [unit](/usc/42/7651a.md?p=15) 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](/usc/42/7651g.md), together with any compliance schedule and other requirements necessary to meet second phase requirements by the extended date. Any [unit](/usc/42/7651a.md?p=15) that is granted an extension under this section shall not be eligible for a waiver under [section 7411(j) of this title](/usc/42/7411.md?p=j), and shall continue to be subject to requirements under this subchapter as if it were a [unit](/usc/42/7651a.md?p=15) subject to [section 7651d of this title](/usc/42/7651d.md).
  - (2) If (A) the [owner](/usc/42/13641.md?p=4) or operator of an [existing unit](/usc/42/7651a.md?p=8) has been granted an extension under [paragraph (1)](#b-1) in order to repower such [unit](/usc/42/7651a.md?p=15) with a clean coal [unit](/usc/42/7651a.md?p=15), and (B) such [owner](/usc/42/13641.md?p=4) or operator demonstrates to the satisfaction of the [Administrator](/usc/42/7602.md?p=a) that the [repowering](/usc/42/7651a.md?p=12) technology to be utilized by such [unit](/usc/42/7651a.md?p=15) has been properly constructed and tested on such [unit](/usc/42/7651a.md?p=15), but nevertheless has been unable to achieve the emission reduction limitations and is economically or technologically infeasible, such [existing unit](/usc/42/7651a.md?p=8) 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](/usc/42/7602.md?p=a) shall allocate to the [owner](/usc/42/13641.md?p=4) or operator of the [affected unit](/usc/42/7651a.md?p=2), annual [allowances](/usc/42/7651a.md?p=3) for sulfur dioxide equal to the [affected unit](/usc/42/7651a.md?p=2)’s [baseline](/usc/42/7651a.md?p=4) multiplied by the lesser of the [unit](/usc/42/7651a.md?p=15)’s federally approved [State](/usc/42/7651a.md?p=14) Implementation Plan emissions limitation or its actual emission rate for 1995 in lieu of any other [allocation](/usc/42/2021b.md?p=2). Such [allowances](/usc/42/7651a.md?p=3) may not be transferred or used by any other source to meet emission requirements under this subchapter. The source [owner](/usc/42/13641.md?p=4) or operator shall notify the [Administrator](/usc/42/7602.md?p=a) sixty days in advance of the date on which the [affected unit](/usc/42/7651a.md?p=2) for which the extension has been granted is to be removed from operation to install the [repowering](/usc/42/7651a.md?p=12) technology.
  - (2) Effective on that date, the [unit](/usc/42/7651a.md?p=15) shall be subject to the requirements of [section 7651d of this title](/usc/42/7651d.md). [Allowances](/usc/42/7651a.md?p=3) for the year in which the [unit](/usc/42/7651a.md?p=15) is removed from operation to install the [repowering](/usc/42/7651a.md?p=12) technology shall be calculated as the product of the [unit](/usc/42/7651a.md?p=15)’s [baseline](/usc/42/7651a.md?p=4) multiplied by 1.20 lbs/mmBtu, divided by 2,000, and prorated accordingly, and are transferable.
  - (3) [Allowances](/usc/42/7651a.md?p=3) for such existing [utility units](/usc/42/7651a.md?p=17-A) for calendar years after the year the [repowering](/usc/42/7651a.md?p=12) is complete shall be calculated as the product of the [existing unit](/usc/42/7651a.md?p=8)’s [baseline](/usc/42/7651a.md?p=4) multiplied by 1.20 lbs/mmBtu, divided by 2,000.
  - (4) Notwithstanding the provisions of [section 7651b(a)](/usc/42/7651b.md?p=a) and (e) of this title, [allowances](/usc/42/7651a.md?p=3) shall be allocated under this section for a designated replacement [unit](/usc/42/7651a.md?p=15) which replaces an [existing unit](/usc/42/7651a.md?p=8) (as provided in the last sentence of [subsection (a)](#a)) in lieu of any further [allocations](/usc/42/2021b.md?p=2) of [allowances](/usc/42/7651a.md?p=3) for the [existing unit](/usc/42/7651a.md?p=8).
  - (5) For the purpose of meeting the aggregate emissions limitation requirement set forth in [section 7651b(a)(1) of this title](/usc/42/7651b.md?p=a-1), the [units](/usc/42/7651a.md?p=15) with an extension under this subsection shall be treated in each calendar year during the extension period as holding [allowances](/usc/42/7651a.md?p=3) allocated under [paragraph (3)](#c-3).
- (d) **Control requirements—** Any [unit](/usc/42/7651a.md?p=15) 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](/usc/42/7602.md?p=l) under [section 7411 of this title](/usc/42/7411.md). Notwithstanding the provisions of this subsection, no [new unit](/usc/42/7651a.md?p=10) (1) designated as a replacement for an [existing unit](/usc/42/7651a.md?p=8), (2) qualifying for the extension under subsection [(b)](#b), and (3) located at a different site than the [existing unit](/usc/42/7651a.md?p=8) shall receive an exemption from the requirements imposed under [section 7411 of this title](/usc/42/7411.md).
- (e) **Expedited permitting—** [State](/usc/42/7651a.md?p=14) [permitting authorities](/usc/42/7651a.md?p=11) and, where applicable, the [Administrator](/usc/42/7602.md?p=a), 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](/usc/42/13641.md?p=4) 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](/usc/42/7651a.md?p=3) held.

## Footnotes

[^1]: So in original. Probably should be section “7651a(12)”.
[^2]: So in original. Probably should be “this”.

## Source credit

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