--- kind: "section" citation: "42 U.S.C. § 7651i" title: "42" title_heading: "The Public Health and Welfare" number: "7651i" heading: "Election for additional sources" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7651i" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter IV–A — Acid Deposition Control" --- # §7651i. Election for additional sources - (a) **Applicability—** The [owner](/usc/42/13641.md?p=4) or operator of any [unit](/usc/42/7651a.md?p=15) that is not, nor will become, an [affected unit](/usc/42/7651a.md?p=2) under section [7651b(e)](/usc/42/7651b.md?p=e), [7651c](/usc/42/7651c.md), or [7651d](/usc/42/7651d.md) of this title, or that is a process source under [subsection (d)](#d), that emits sulfur dioxide, may elect to designate that [unit](/usc/42/7651a.md?p=15) or source to become an [affected unit](/usc/42/7651a.md?p=2) and to receive [allowances](/usc/42/7651a.md?p=3) under this subchapter. An election shall be submitted to the [Administrator](/usc/42/7602.md?p=a) for approval, along with a permit application and proposed [compliance plan](/usc/42/7651a.md?p=6) in accordance with [section 7651g of this title](/usc/42/7651g.md). The [Administrator](/usc/42/7602.md?p=a) shall approve a designation that meets the requirements of this section, and such designated [unit](/usc/42/7651a.md?p=15), or source, shall be allocated [allowances](/usc/42/7651a.md?p=3), and be an [affected unit](/usc/42/7651a.md?p=2) for purposes of this subchapter. - (b) **Establishment of baseline—** The [baseline](/usc/42/7651a.md?p=4) for a [unit](/usc/42/7651a.md?p=15) designated under this section shall be established by the [Administrator](/usc/42/7602.md?p=a) by regulation, based on fuel consumption and operating data for the [unit](/usc/42/7651a.md?p=15) for calendar years 1985, 1986, and 1987, or if such data is not available, the [Administrator](/usc/42/7602.md?p=a) may prescribe a [baseline](/usc/42/7651a.md?p=4) based on alternative representative data. - (c) **Emission limitations—** Annual emissions limitations for sulfur dioxide shall be equal to the product of the [baseline](/usc/42/7651a.md?p=4) multiplied by the lesser of the [unit](/usc/42/7651a.md?p=15)’s 1985 actual or allowable emission rate in lbs/mmBtu, or, if the [unit](/usc/42/7651a.md?p=15) did not operate in 1985, by the lesser of the [unit](/usc/42/7651a.md?p=15)’s actual or allowable emission rate for a calendar year after 1985 (as determined by the [Administrator](/usc/42/7602.md?p=a)), divided by 2,000. - (d) **Process sources—** Not later than 18 months after November 15, 1990, the [Administrator](/usc/42/7602.md?p=a) shall establish a program under which the [owner](/usc/42/13641.md?p=4) or operator of a process source that emits sulfur dioxide may elect to designate that source as an [affected unit](/usc/42/7651a.md?p=2) for the purpose of receiving [allowances](/usc/42/7651a.md?p=3) under this subchapter. The [Administrator](/usc/42/7602.md?p=a) shall, by regulation, define the sources that may be designated; specify the emissions limitation; specify the operating, emission [baseline](/usc/42/7651a.md?p=4), and other data requirements; prescribe CEMS or other monitoring requirements; and promulgate permit, reporting, and any other requirements necessary to implement such a program. - (e) **Allowances and permits—** The [Administrator](/usc/42/7602.md?p=a) shall issue [allowances](/usc/42/7651a.md?p=3) to an [affected unit](/usc/42/7651a.md?p=2) under this section in an amount equal to the emissions limitation calculated under subsection [(c)](#c) or [(d)](#d), in accordance with [section 7651b of this title](/usc/42/7651b.md). Such [allowance](/usc/42/7651a.md?p=3) may be used in accordance with, and shall be subject to, the provisions of [section 7651b of this title](/usc/42/7651b.md). [Affected sources](/usc/42/7651a.md?p=1) under this section shall be subject to the requirements of sections [7651b](/usc/42/7651b.md), [7651g](/usc/42/7651g.md), [7651j](/usc/42/7651j.md), [7651k](/usc/42/7651k.md), [7651l](/usc/42/7651l.md), and [7651m](/usc/42/7651m.md) of this title. - (f) **Limitation—** Any [unit](/usc/42/7651a.md?p=15) designated under this section shall not transfer or bank [allowances](/usc/42/7651a.md?p=3) produced as a result of reduced utilization or shutdown, except that, such [allowances](/usc/42/7651a.md?p=3) may be transferred or carried forward for use in subsequent years to the extent that the reduced utilization or shutdown results from the replacement of thermal energy from the [unit](/usc/42/7651a.md?p=15) designated under this section, with thermal energy generated by any other [unit](/usc/42/7651a.md?p=15) or [units](/usc/42/7651a.md?p=15) subject to the requirements of this subchapter, and the designated [unit](/usc/42/7651a.md?p=15)’s [allowances](/usc/42/7651a.md?p=3) are transferred or carried forward for use at such other replacement [unit](/usc/42/7651a.md?p=15) or [units](/usc/42/7651a.md?p=15). In no case may the [Administrator](/usc/42/7602.md?p=a) allocate to a source designated under this section [allowances](/usc/42/7651a.md?p=3) in an amount greater than the emissions resulting from operation of the source in full compliance with the requirements of this chapter. No such [allowances](/usc/42/7651a.md?p=3) shall authorize operation of a [unit](/usc/42/7651a.md?p=15) in [violation](/usc/42/2000e–16a.md?p=c) of any other requirements of this chapter. - (g) **Implementation—** The [Administrator](/usc/42/7602.md?p=a) shall issue regulations to implement this section not later than eighteen months after November 15, 1990. - (h) **Small diesel refineries—** The [Administrator](/usc/42/7602.md?p=a) shall issue [allowances](/usc/42/7651a.md?p=3) to [owners](/usc/42/13641.md?p=4) or operators of small diesel refineries who produce diesel fuel after October 1, 1993, meeting the requirements of subsection[^1] [7545(i)](/usc/42/7545.md?p=i) of this title. - (1) **Allowance period—** [Allowances](/usc/42/7651a.md?p=3) may be allocated under this subsection only for the period from October 1, 1993, through December 31, 1999. - (2) **Allowance determination—** The number of [allowances](/usc/42/7651a.md?p=3) allocated pursuant to this paragraph shall equal the annual number of pounds of sulfur dioxide reduction attributable to desulfurization by a small refinery divided by 2,000. For the purposes of this calculation, the concentration of sulfur removed from diesel fuel shall be the difference between 0.274 percent (by weight) and 0.050 percent (by weight). - (3) **Refinery eligibility—** As used in this subsection, the term “small refinery” shall mean a refinery or portion of a refinery— - (A) which, as of November 15, 1990, has bona fide crude oil throughput of less than 18,250,000 barrels per year, as reported to the Department of Energy, and - (B) which, as of November 15, 1990, is owned or controlled by a refiner with a total combined bona fide crude oil throughput of less than 50,187,500 barrels per year, as reported to the Department of Energy. - (4) **Limitation per refinery—** The maximum number of [allowances](/usc/42/7651a.md?p=3) that can be annually allocated to a small refinery pursuant to this subsection is one thousand and five hundred. - (5) **Limitation on total—** In any given year, the total number of [allowances](/usc/42/7651a.md?p=3) allocated pursuant to this subsection shall not exceed thirty-five thousand. - (6) **Required certification—** The [Administrator](/usc/42/7602.md?p=a) shall not allocate any [allowances](/usc/42/7651a.md?p=3) pursuant to this subsection unless the [owner](/usc/42/13641.md?p=4) or operator of a small diesel refinery shall have certified, at a time and in a manner prescribed by the [Administrator](/usc/42/7602.md?p=a), that all motor diesel fuel produced by the refinery for which [allowances](/usc/42/7651a.md?p=3) are claimed, including motor diesel fuel for off-highway use, shall have met the requirements of subsection[^1] [7545(i)](/usc/42/7545.md?p=i) of this title. ## Footnotes [^1]: So in original. Probably should be “section”. ## Source credit (July 14, 1955, ch. 360, title IV, § 410, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2621.)