498 
the costs of which are comparable to the costs of nitrogen oxides 
controls set pursuant to subsection (b)(1). 
(C) REVISION OF APPLICABLE EMISSION LIMITATIONS FOR TAN-
GENTIALLY
FIRED
AND
DRY
BOTTOM, WALL-FIRED
BOILERS 
(OTHER THAN CELL BURNERS).— 
(i) IN GENERAL.—Not later than January 1, 1997, the Ad-
ministrator may revise the applicable emission limitations for 
tangentially fired and dry bottom wall-fired boilers (other 
than cell burners) to be more stringent if the Administrator 
determines that more effective low nitrogen oxide burner tech-
nology is available. 
(ii) LIMITATION.—No unit that was an affected unit pursu-
ant to section 404 of the Clean Air Act (42 U.S.C. 7651c) 
(as in effect before the repeal of that section) and that is sub-
ject to subsection (b)(1) shall be subject to the revised emis-
sion limitations under clause (i), if any. 
(c) REVISED PERFORMANCE STANDARDS.—The Administrator shall pro-
mulgate revised standards of performance under section 211111 of this title 
for nitrogen oxides emissions from fossil fuel-fired steam generating units, 
including utility units and nonutility units. The revised standards of per-
formance shall reflect improvements in methods for the reduction of emis-
sions of nitrogen oxides. 
(d) ALTERNATIVE EMISSION LIMITATIONS.— 
(1) IN GENERAL.—A permitting authority shall, on request of an 
owner or operator of a unit subject to this section, authorize an emis-
sion limitation less stringent than the applicable limitation established 
under subsection (b) on a determination that— 
(A) a unit subject to subsection (b)(1) cannot meet the applica-
ble limitation using low nitrogen oxide burner technology; or 
(B) a unit subject to subsection (b)(2) cannot meet the applica-
ble rate using the technology on which the Administrator based 
the applicable emission limitation. 
(2) BASIS.—The permitting authority shall base a determination 
under paragraph (1) on a showing satisfactory to the permitting au-
thority, in accordance with regulations established by the Adminis-
trator, that the owner or operator— 
(A) has properly installed appropriate control equipment de-
signed to meet the applicable emission rate; 
(B) has properly operated the equipment for a period of 15 
months (or such other period of time as the Administrator deter-
mines through the regulations), and provides operating and moni-
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toring data for that period demonstrating that the unit cannot 
meet the applicable emission rate; and 
(C) has specified an emission rate that the unit can meet on an 
annual average basis. 
(3) OPERATING PERMIT.—The permitting authority— 
(A) shall issue an operating permit for the unit in accordance 
with section 233108 of this title and subdivision 6 that permits 
the unit, during the demonstration period described in paragraph 
(2)(B), to emit at a rate in excess of the applicable emission rate; 
and 
(B) at the conclusion of the demonstration period, shall revise 
the operating permit to reflect the alternative emission rate dem-
onstrated under subparagraphs (B) and (C) of paragraph (2). 
(4) NO ADDITIONAL CONTROL TECHNOLOGY.—A unit subject to sub-
section (b)(1) for which an alternative emission limitation is established 
shall not be required to install any control technology except low nitro-
gen oxide burners. 
(5) ALTERNATIVE NITROGEN OXIDE CONTROL TECHNOLOGY.—Noth-
ing in this section shall preclude an owner or operator from installing 
and operating an alternative nitrogen oxide control technology capable 
of achieving the applicable emission limitation. 
(e) EMISSIONS AVERAGING.— 
(1) IN GENERAL.—In lieu of complying with the applicable emission 
limitations under paragraph (1) or (2) of subsection (b) or under sub-
section (d), the owner or operator of 2 or more units subject to 1 or 
more of the applicable emission limitations set pursuant to those provi-
sions may petition the permitting authority for alternative contempora-
neous annual emission limitations for the units that ensure that the ac-
tual annual emission rate in pounds of nitrogen oxides per million Brit-
ish thermal units averaged over the units in question is a rate that is 
less than or equal to the British thermal unit-weighted average annual 
emission rate for the same units if they had been operated, during the 
same period of time, in compliance with limitations set in accordance 
with the applicable emission rates set pursuant to paragraphs (1) and 
(2) of subsection (b). 
(2) OPERATING PERMITS.—If the permitting authority determines, 
in accordance with regulations issued by the Administrator, that the 
conditions in paragraph (1) can be met, the permitting authority shall 
issue operating permits for the units in accordance with section 233108 
of this title and subdivision 6 that allow alternative contemporaneous 
annual emission limitations. Such emission limitations shall remain in 
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effect only while both units continue operation under the conditions 
specified in their respective operating permits. 
§ 233108. Permits and compliance plans 
(a) PERMIT PROGRAM.— 
(1) IN GENERAL.—This subdivision shall be implemented, subject to 
section 233103 of this title, by permits issued to units subject to this 
subdivision in accordance with subdivision 6 and enforced in accordance 
with that subdivision, as modified by this subdivision. 
(2) PROHIBITIONS.—Any such permit issued by the Administrator, 
or by a State with an approved permit program, shall prohibit— 
(A) annual emissions of sulfur dioxide in excess of the number 
of allowances to emit sulfur dioxide that the owner or operator, 
or the designated representative of the owner or operator, of the 
unit holds for the unit; 
(B) exceedances of applicable emission rates; 
(C) the use of any allowance prior to the year for which it was 
allocated; and 
(D) contravention of any other provision of the permit. 
(3) DURATION.—A permit issued to implement this subdivision shall 
be issued for a period of 5 years, notwithstanding subdivision 6. 
(4) INCONSISTENCY
WITH
REQUIREMENTS.—No permit shall be 
issued that is inconsistent with the requirements of this subdivision or 
of subdivision 6 as applicable. 
(b) COMPLIANCE PLAN.— 
(1) IN GENERAL.—Each initial permit application shall be accom-
panied by a compliance plan for the source to comply with its require-
ments under this subdivision. 
(2) MULTIPLE AFFECTED UNITS.—Where an affected source consists 
of more than 1 affected unit— 
(A) the plan shall cover all such units; and 
(B) for purposes of section 235102(c) of this title, the source 
shall be considered to be a facility. 
(3) ALLOWANCES.—Nothing in this section regarding compliance 
plans or in subdivision 6 shall be construed as affecting allowances. 
(4) STATEMENT
DEEMED
TO
MEET
COMPLIANCE
PLANNING
RE-
QUIREMENTS.—Except as provided under subsection (c)(1)(B), submis-
sion of a statement by the owner or operator (or the designated rep-
resentative of the owners and operators) of a unit subject to the emis-
sion limitation requirements of sections 233105 and 233107 of this 
title that the unit will meet the applicable emission limitation require-
ments of those sections in a timely manner or, in the case of the emis-
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sion limitation requirements of section 233105 of this title, that the 
owner or operator will hold allowances to emit not less than the total 
annual emissions of the unit, shall be deemed to meet the proposed and 
approved compliance planning requirements of this section and subdivi-
sion 6. 
(5) TRANSFERS
OF
ALLOWANCES.—Recordation by the Adminis-
trator of the transfer of an allowance shall amend automatically all ap-
plicable proposed or approved permit applications, compliance plans, 
and permits. 
(6) ADDITIONAL
REQUIREMENTS.—The Administrator may re-
quire— 
(A) for a source, a demonstration of attainment of NAAQSes; 
and 
(B) from the owner or operator of 2 or more affected sources, 
an integrated compliance plan providing an overall plan for achiev-
ing compliance at the affected sources. 
(c) NITROGEN OXIDE EMISSION PERMITS.— 
(1) IN GENERAL.—The Administrator shall issue permits to affected 
sources under section 233107 of this title. 
(2) PERMIT APPLICATION AND COMPLIANCE PLAN.— 
(A) IN GENERAL.—The owner or operator, or the designated 
representative of the owner or operator, of each affected source 
under section 233107 of this title shall submit a permit applica-
tion and compliance plan for that source in accordance with regu-
lations issued by the Administrator under paragraph (4). The per-
mit application and the compliance plan shall be binding on the 
owner or operator and the designated representative of the owner 
or operator for purposes of this subdivision and shall be enforce-
able in lieu of a permit until a permit is issued by the Adminis-
trator for the source. 
(B) REDUCTION OF UTILIZATION OR SHUTDOWN.—In the case 
of a compliance plan for an affected source under section 233107 
of this title for which the owner or operator proposes to meet the 
requirements of that section by reducing utilization of the unit as 
compared with its baseline or by shutting down the unit, the 
owner or operator shall include in the proposed compliance plan 
a specification of the unit or units that will provide electrical gen-
eration to compensate for the reduced output at the affected 
source, or a demonstration that the reduced utilization will be ac-
complished through energy conservation or improved unit effi-
ciency. 
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