PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2631 "(e) CHANGES IN SALES, AUCTIONS, AND WITHHOLDING. —Pursuant to rulemaking after public notice and comment the Administrator may at any time after the year 1998 (in the case of advance sales or advance auctions) and 2005 (in the case of spot sales or spot auctions) decrease the number of allowances withheld and sold under this section. " (f) TERMINATION OF AUCTIONS.— The Administrator may terminate the withholding of allowances and the auction sales under this section if the Administrator determines that, during any period of 3 consecutive calendar years after 2002, less than 20 percent of the allowances available in the auction subaccount have been purchased. Pursuant to regulations under this section, the Administrator may by delegation or contract provide for the conduct of sales or auctions under the Administrator s supervision by other departments or agencies of the United States Government or by nongovernmental agencies, groups, or organizations.". SEC. 402. FOSSIL FUEL USE. 42 USC 7651b (a) CONTRACTS FOR HYDROELECTRIC ENERGY.— Any person who, "° ' after the date of the enactment of the Clean Air Act Amendments of 1990, enters into a contract under which such person receives hydroelectric energy in return for the provision of electric energy by such person shall use allowances held by such person as necessary to satisfy such person's obligations under such contract. (b) FEDERAL POWER MARKETING ADMINISTRATION. — A Federal Power Marketing Administration shall not be subject to the provisions and requirements of this title with respect to electric energy generated by hydroelectric facilities and marketed by such Power Marketing Administration. Any person who sells or provides electric energy to a Federal Power Marketing Administration shall comply with the provisions and requirements of this title. SEC. 403. REPEAL OF PERCENT REDUCTION. (a) REPEAL.— Section 111(a)(1) of the Clean Air Act is amended to 42 USC 7411. read as follows: "(1) The term 'standard of performance' means a standard for emissions of air pollutants which reflects the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.". (b) REVISED REGULATIONS. —Not later than three years after the 42 USC 7411 date of enactment of the Clean Air Act Amendments of 1990, the "ote. Administrator shall promulgate revised regulations for standards of performance for new fossil fuel fired electric utility units commencing construction after the date on which such regulations are proposed that, at a minimum, require any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section prior to such revision. (c) APPLICABILITY.—The provisions of subsections (a) and (b) apply 42 USC 7411 only so long as the provisions of section 403(e) of the Clean Air Act "o*^- remain in effect. (d) BACT DETERMINATIONS. — Section 169(3) of the Clean Air Act is 42 USC 7479. amended by inserting: ", clean fuels," after "including fuel cleaning," and by adding the following at the end thereof: "Emissions
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