PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2605 "(1) OPTIONAL BASELINE FOR UNITS IN CERTAIN SYSTEMS. —In the case of a unit subject to the emissions Hmitation requirements of this section which (as of the date of the enactment of the Clean Air Act Amendments of 1990)— "(A) has an emission rate below 1.0 Ibs/mmBtu, "(B) has decreased its sulfur dioxide emissions rate by 60 percent or greater since 1980, and "(C) is part of a utility system which has a weighted average sulfur dioxide emissions rate for all fossil fueledfired units below 1.0 Ibs/mmBtu, at the election of the owner or operator of such unit, the unit's baseline may be calculated (i) as provided under section 402(d), or (ii) by utilizing the unit's average annual fuel consumption at a 60 percent capacity factor. Such election shall be made no later than March 1, 1991. "(2) ALLOWANCE ALLOCATION. — Whenever a unit referred to in paragraph (1) elects to calculate its baseline as provided in clause (ii) of paragraph (1), the Administrator shall allocate allowances for the unit pursuant to section 403(a)(1), this section, and section 405 (as basic Phase II allowance allocations) in an amount equal to the beiseline selected multiplied by the lower of the average annual emission rate for such unit in 1989, or 1.0 Ibs./mmBtu. Such allowance allocation shall be in lieu of any allocation of allowances under this section and section 405. "SEC. 405. PHASE II SULFUR DIOXIDE REQUIREMENTS. 42 USC 7651d. "(a) APPLICABILITY. —(1) After January 1, 2000, each existing utility unit as provided below is subject to the limitations or requirements of this section. Each utility unit subject to an annual sulfur dioxide tonnage emission limitation under this section is an affected unit under this title. Each source that includes one or more affected units is an affected source. In the case of an existing unit that was not in operation during calendar year 1985, the emission rate for a calendar year after 1985, as determined by the Administrator, shall be used in lieu of the 1985 rate. The owner or operator of any unit operated in violation of this section shall be fully liable under this Act for fulfilling the obligations specified in section 411 of this title. "(2) In addition to basic Phase II allowance allocations, in each year beginning in calendar year 2000 and ending in calendar year 2009, inclusive, the Administrator shall allocate up to 530,000 Phase II bonus allowances pursuant to subsections (b)(2), (c)(4), (d)(3)(A) and (B), and (h)(2) of this section and section 406. Not later than June 1, 1998, the Administrator shall calculate, for each unit granted an extension pursuant to section 409 the difference between (A) the number of allowances allocated for the unit in calendar year 2000, and (B) the product of the unit's baseline multiplied by 1.20 lbs/ mmBtu, divided by 2000, and sum the computations. In each year, beginning in calendar year 2000 and ending in calendar year 2009, inclusive, the Administrator shall deduct from each unit's basic Phase II allowance allocation its pro rata share of 10 percent of the sum calculated pursuant to the preceding sentence. "(3) In addition to basic Phase II allowance allocations and Phase State listing. II bonus allowance allocations, beginning January 1, 2000, the Administrator shall allocate for each unit listed on Table A in section 404 (other than units at Kyger Creek, Clifty Creek, and Joppa Steam) and located in the States of Illinois, Indiana, Ohio, Georgia, Alabama, Missouri, Pennsylvania, West Virginia, Ken- 39-194O-91-10:QL3Part4
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