42 USC 7651e – Allowances for States with emissions rates at or below 0.80 lbs/mmBtu
(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
Terms Used In 42 USC 7651e
- Administrator: means the Administrator of the Environmental Protection Agency. See 42 USC 7602
- allowance: means an authorization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide. See 42 USC 7651a
- Phase II bonus allowance allocations: means , for calendar year 2000 through 2009, inclusive, and only for such years, allocations made by the Administrator pursuant to section 7651b of this title, subsections (a)(2), (b)(2), (c)(4), (d)(3) (except as otherwise provided therein), and (h)(2) of section 7651d of this title, and section 7651e of this title. See 42 USC 7651a
- reserve: means any bank of allowances established by the Administrator under this subchapter. See 42 USC 7651a
- State: means one of the 48 contiguous States and the District of Columbia. See 42 USC 7651a
- unit: means a fossil fuel-fired combustion device. See 42 USC 7651a
Pursuant to section 7651b(a)(1) of this title, each Governor of a State eligible to make an election under paragraph 1 (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.