ances required to be held in reserve for new 
units for the following 5-calendar year period. 
‘‘(3) ALLOCATION.—
‘‘(A) REGULATIONS.—The Administrator 
shall promulgate regulations to establish a 
methodology for allocating allowances to new 
units. 
‘‘(B) NO JUDICIAL REVIEW.—An allocation 
of allowances by the Administrator under this 
subsection shall not be subject to judicial re-
view. 
‘‘(d) EXISTING UNITS.—
‘‘(1) ALLOCATION.—
‘‘(A) REGULATIONS.—Subject to the an-
nual tonnage limitation for emissions of sulfur 
dioxide from affected units specified in section 
702(a), and subject to the reserve of allowances 
for new units under subsection (c), the Admin-
istrator shall promulgate regulations to govern 
the allocation of allowances to affected units 
that are not new units. 
‘‘(B) REQUIRED ELEMENTS.—The regula-
tions shall provide for—
‘‘(i) the allocation of allowances on a 
fair and equitable basis between affected
units that received allowances under sec-
tion 405 and affected units that are not 
new units and that did not receive allow-
ances under that section, using for both 
categories of units the same or similar allo-
cation methodology as was used under sec-
tion 405; and 
‘‘(ii) the pro-rata distribution of allow-
ances to all units described in clause (i), 
subject to the annual tonnage limitation 
for emissions of sulfur dioxide from af-
fected units specified in section 702(a). 
‘‘(2) TIMING OF ALLOCATIONS.—The Adminis-
trator shall allocate allowances to affected units—
‘‘(A) not later than December 31, 2005, 
for calendar year 2009; and 
‘‘(B) not later than December 31 of cal-
endar year 2006 and each calendar year there-
after, for the fourth calendar year that begins 
after that December 31. 
‘‘(3) NO JUDICIAL REVIEW.—An allocation of 
allowances by the Administrator under this sub-
section shall not be subject to judicial review. 
‘‘(e) WESTERN REGIONAL AIR PARTNERSHIP.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) COVERED STATE.—The term ‘covered 
State’ means each of the States of Arizona, 
California, Colorado, Idaho, Nevada, New Mex-
ico, Oregon, Utah, and Wyoming. 
‘‘(B) COVERED YEAR.—The term ‘covered 
year’ means—
‘‘(i)(I)(aa) the third calendar year 
after the first calendar year in which the 
Administrator determines by regulation 
that the total of the annual emissions of 
sulfur dioxide from all affected units in the 
covered States is projected to exceed 
271,000 tons in calendar year 2018 or any 
calendar year thereafter; but 
‘‘(bb) not earlier than calendar year 
2016; or 
‘‘(II) if the Administrator does not 
make the determination described in sub-
clause (I)(aa)—
‘‘(aa) the third calendar year 
after the first calendar year with re-
spect to which the total of the annual 
emissions of sulfur dioxide from all af-
fected units in the covered States first 
exceeds 271,000 tons; but
‘‘(bb) not earlier than calendar 
year 2021; and 
‘‘(ii) each calendar year after the cal-
endar year determined under clause (i). 
‘‘(2) MAXIMUM EMISSIONS OF SULFUR DIOXIDE 
FROM EACH AFFECTED UNIT.—In each covered year, 
the emissions of sulfur dioxide from each affected 
unit in a covered State shall not exceed the number 
of allowances that are allocated under paragraph (3) 
and held by the affected unit for the covered year. 
‘‘(3) ALLOCATION OF ALLOWANCES.—
‘‘(A) IN GENERAL.—Not later than Janu-
ary 1, 2013, the Administrator shall promul-
gate regulations to establish—
‘‘(i) a methodology for allocating al-
lowances to affected units in covered 
States under this subsection; and 
‘‘(ii) the timing of the allocations. 
‘‘(B) NO JUDICIAL REVIEW.—An allocation 
of allowances by the Administrator under this 
paragraph shall not be subject to judicial re-
view.’’. 
(b) DEFINITION OF ALLOWANCE.—Section 402 of 
the Clean Air Act (relating to acid deposition control) (42
U.S.C. 7651a) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) 
ALLOWANCE.—The 
term 
‘allowance’ 
means an authorization, allocated by the Adminis-
trator to an affected unit under this title, to emit, 
during or after a specified calendar year, a quantity 
of sulfur dioxide determined by the Administrator 
and specified in the regulations promulgated under 
section 417(b).’’. 
(c) TECHNICAL AMENDMENTS.—
(1) Title IV of the Clean Air Act (relating to 
noise pollution) (42 U.S.C. 7641 et seq.)—
(A) is amended by redesignating sections 
401 through 403 as sections 801 through 803, 
respectively; and 
(B) is redesignated as title VIII and moved 
to appear at the end of that Act. 
(2) The table of contents for title IV of the 
Clean Air Act (relating to acid deposition control) 
(42 U.S.C. prec. 7651) is amended by adding at the 
end the following:
‘‘417. Revisions to sulfur dioxide allowance program.’’.
SEC. 6. RELATIONSHIP TO OTHER LAW. 
(a) EXEMPTION FROM HAZARDOUS AIR POLLUTANT 
REQUIREMENTS RELATING TO MERCURY.—Section 112 
of the Clean Air Act (42 U.S.C. 7412) is amended—