U.S. Code » Title 42 » Chapter CHAPTER 85— AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER IV–A— ACID DEPOSITION CONTROL

42 U.S.C. § 7651e

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

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(a) Election of Governor

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) Notification of Administrator

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) Allowances after January 1, 2010

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.

(July 14, 1955, ch. 360, title IV, § 406, as added Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2613.)
Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Indianapolis Power & Light Co. v. United States Env't Prot. Agency, Env't Def. Fund, Intervenors, 58 F.3d 643 (D.C. Cir. 1995).
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Indianapolis Power & Light Co. v. United States Env't Prot. Agency, Env't Def. Fund, Intervenors, 58 F.3d 643 (D.C. Cir. 1995). “Accordingly, the language cannot be read, as IPL argues, to compel EPA to adjust emissions data.”
— 42 U.S.C. § 7651e(d)(4)(A) — 1 case
Indianapolis Power & Light Co. v. United States Env't Prot. Agency, Env't Def. Fund, Intervenors, 58 F.3d 643 (D.C. Cir. 1995). “Accordingly, the language cannot be read, as IPL argues, to compel EPA to adjust emissions data.”
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