cording by the Administrator, be considered to be 
part of the federally enforceable permit of the cov-
ered unit under this Act, without a requirement for 
any further review or revision of the permit. 
‘‘(f) COMPLIANCE AND ENFORCEMENT.— 
‘‘(1) IN
GENERAL.—For calendar year 2010 
and each calendar year thereafter— 
‘‘(A) the operator of each affected unit and 
each renewable energy unit shall surrender to 
the Administrator a quantity of carbon dioxide 
allowances that is equal to the total tons of car-
bon dioxide emitted by the affected unit or re-
newable energy unit during the calendar year; 
and 
‘‘(B) the operator of each nuclear gener-
ating unit that has incremental nuclear genera-
tion shall surrender to the Administrator a 
quantity of carbon dioxide allowances that is 
equal to the total tons of carbon dioxide emitted 
by the nuclear generating unit during the cal-
endar year from incremental nuclear genera-
tion. 
‘‘(2) MONITORING SYSTEM.—The Administrator 
shall promulgate regulations requiring the accurate
monitoring of the quantity of carbon dioxide that is 
emitted at each covered unit. 
‘‘(3) REPORTING.— 
‘‘(A) IN GENERAL.—Not less often than 
quarterly, the owner or operator of a covered 
unit, or a person that carries out a project cer-
tified under subsection (d) on behalf of a cov-
ered unit, shall submit to the Administrator a 
report on the monitoring of carbon dioxide 
emissions carried out at the covered unit in ac-
cordance with the regulations promulgated 
under paragraph (2). 
‘‘(B) AUTHORIZATION.—Each report sub-
mitted under subparagraph (A) shall be author-
ized by a responsible official of the covered unit, 
who shall certify the accuracy of the report. 
‘‘(C) PUBLIC REPORTING.—The Adminis-
trator shall make available to the public, 
through 1 or more published reports and 1 or 
more forms of electronic media, data concerning 
the emissions of carbon dioxide from each cov-
ered unit. 
‘‘(4) EXCESS EMISSIONS.— 
‘‘(A) IN GENERAL.—The owner or operator 
of a covered unit that emits carbon dioxide in
excess of the carbon dioxide allowances that the 
owner or operator holds for use for the covered 
unit for the calendar year shall— 
‘‘(i) pay an excess emissions penalty 
determined under subparagraph (B); and 
‘‘(ii) offset the excess emissions by an 
equal quantity in the following calendar 
year or such other period as the Adminis-
trator shall prescribe. 
‘‘(B) DETERMINATION
OF
EXCESS
EMIS-
SIONS PENALTY.—The excess emissions penalty 
shall be equal to the product obtained by multi-
plying— 
‘‘(i) the number of tons of carbon di-
oxide emitted in excess of the total quan-
tity of carbon dioxide allowances held; and 
‘‘(ii) $100, adjusted (in accordance 
with regulations promulgated by the Ad-
ministrator) for changes in the Consumer 
Price Index for All-Urban Consumers pub-
lished by the Department of Labor. 
‘‘(g) ALLOWANCE NOT A PROPERTY RIGHT.—A car-
bon dioxide allowance— 
‘‘(1) is not a property right; and
‘‘(2) may be terminated or limited by the Ad-
ministrator. 
‘‘(h) NO JUDICIAL REVIEW.—An allocation of carbon 
dioxide allowances by the Administrator under subsection 
(c) or (d) shall not be subject to judicial review.’’. 
SEC. 4. NEW SOURCE REVIEW PROGRAM. 
Section 165 of the Clean Air Act (42 U.S.C. 7475) 
is amended by adding at the end the following: 
‘‘(f) REVISIONS
TO NEW SOURCE REVIEW PRO-
GRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED UNIT.—The term ‘covered 
unit’ has the meaning given the term in section 
701. 
‘‘(B) NEW SOURCE REVIEW PROGRAM.— 
The term ‘new source review program’ means 
the program to carry out section 111 and this 
part. 
‘‘(2) REGULATIONS.—In accordance with this 
subsection, the Administrator shall promulgate revi-
sions to the new source review program. 
‘‘(3) 
APPLICABILITY
CRITERIA.—Beginning 
January 1, 2009, the new source review program 
shall apply only to—
‘‘(A) construction of a new covered unit, 
which shall include the replacement of an exist-
ing boiler; and 
‘‘(B) activities that result in any increase 
in the maximum hourly rate of emissions from 
a covered unit of air pollutants regulated under 
the new source review program (measured in 
pounds per megawatt hour), after netting 
among covered units at a source. 
‘‘(4) PERFORMANCE
STANDARDS.—Beginning 
in 2020, all affected units, as that term is defined 
under section 701 for nitrogen oxides and carbon di-
oxide, on which construction commenced before Au-
gust 17, 1971, shall meet the following performance 
standards: 
‘‘(A) 4.5 lbs/MWh for sulfur dioxide; and 
‘‘(B) 2.5 lbs/MWh for nitrogen oxides. 
‘‘(5) BI-ANNUAL DEFINITION OF BEST AVAIL-
ABLE CONTROL TECHNOLOGY AND LOWEST ACHIEV-
ABLE
EMISSION
RATE.—The definitions of ‘best 
available control technology’ under section 169 and 
of ‘lowest achievable emission rate’ under section 
171 shall be revised to require the Administrator to 
define on a bi-annual basis best available control