464 
(b) NO PRODUCTION MANDATE.—The Administrator shall have no au-
thority under this chapter to mandate the production of clean-fuel vehicles 
except as provided in the California pilot test program or to specify as appli-
cable the models, lines, or types of, or marketing or price practices, policies, 
or strategies for, vehicles subject to this chapter. Nothing in this chapter 
shall be construed to give the Administrator authority to mandate mar-
keting or pricing practices, policies, or strategies for fuels. 
(c) TANK AND FUEL SYSTEM SAFETY.—The Secretary of Transportation 
shall, in accordance with chapter 301 of title 49, promulgate regulations re-
garding the safety and use of fuel storage cylinders and fuel systems, in-
cluding appropriate testing and retesting, in conversions of motor vehicles. 
(d) COORDINATION WITH SECRETARY OF ENERGY AND SECRETARY OF 
TRANSPORTATION.—The Administrator shall coordinate with the Secretary 
of Energy and the Secretary of Transportation in carrying out the Adminis-
trator’s duties under this chapter. 
Subdivision 4—Noise Pollution 
Chapter 231—Noise Pollution 
Sec. 
231101. Abatement of noise from Federal activities. 
§ 231101. Abatement of noise from Federal activities 
In any case where a Federal department or agency is carrying out or 
sponsoring an activity resulting in noise that the Administrator determines 
amounts to a public nuisance or is otherwise objectionable, the department 
or agency shall consult with the Administrator to determine possible means 
of abating the noise. 
Subdivision 5—Acid Deposition Control 
Chapter 233—Acid Deposition Control 
Sec. 
233101. Findings and purposes. 
233102. Definitions. 
233103. Sulfur dioxide allowance program for existing units and new units. 
233104. Conservation and renewable energy reserve; alternative allowance allocation for units 
in certain utility systems with optional baseline. 
233105. Phase II sulfur dioxide requirements. 
233106. Allowances for States with emission rates at or below 0.80 pound per million British 
thermal units. 
233107. Nitrogen oxide emission reduction program. 
233108. Permits and compliance plans. 
233109. Election for additional sources. 
233110. Excess emission penalty; excess emission offset. 
233111. Monitoring, reporting, and recordkeeping requirements. 
233112. General compliance with other provisions. 
233113. Enforcement. 
233114. Clean coal technology regulatory incentives. 
233115. Contingency guarantee; auctions; reserve. 
§ 233101. Findings and purposes 
(a) FINDINGS.—Congress finds that— 
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(1) the presence of acidic compounds and their precursors in the at-
mosphere and in deposition from the atmosphere represents a threat 
to natural resources, ecosystems, materials, visibility, and public health; 
(2) the principal sources of the acidic compounds and their precur-
sors in the atmosphere are emissions of sulfur and nitrogen oxides from 
the combustion of fossil fuels; 
(3) the problem of acid deposition is of national and international 
significance; 
(4) there exist strategies and technologies for the control of precur-
sors to acid deposition that are economically feasible; 
(5) current and future generations of Americans would be adversely 
affected by delaying measures to remedy the problem; 
(6) reduction of total atmospheric loading of sulfur dioxide and ni-
trogen oxides will enhance protection of the public health and welfare 
and the environment; and 
(7) steam-electric generating units should use control measures to re-
duce precursor emissions. 
(b) PURPOSES.— 
(1) EMISSION REDUCTIONS.— 
(A) IN GENERAL.—A purpose of this subdivision is to reduce 
the adverse effects of acid deposition through reductions in annual 
emissions of sulfur dioxide of 10,000,000 tons from 1980 emission 
levels, and, in combination with other provisions of this division, 
of nitrogen oxides emissions of approximately 2,000,000 tons from 
1980 emission levels, in the 48 contiguous States and the District 
of Columbia. 
(B) INTENT.—It is the intent of this subdivision to effectuate 
the reductions described in subparagraph (A) by requiring compli-
ance by affected sources with prescribed emission limitations by 
specified deadlines, which limitations may be met through alter-
native methods of compliance provided by an emission allocation 
and transfer system. 
(2) ENERGY CONSERVATION, USE OF RENEWABLE AND CLEAN AL-
TERNATIVE TECHNOLOGIES, AND POLLUTION PREVENTION.—A purpose 
of this subdivision is to encourage energy conservation, use of renew-
able and clean alternative technologies, and pollution prevention as a 
long-range strategy, consistent with this subdivision, for reducing air 
pollution and other adverse impacts of energy production and use. 
§ 233102. Definitions 
In this subdivision: 
(1) ACTUAL 1985 SULFUR DIOXIDE EMISSION RATE.— 
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(A) UTILITY UNITS.—The term ‘‘actual 1985 sulfur dioxide 
emission rate’’, with respect to a utility unit, means the 1985 sul-
fur dioxide emission rate in pounds per million British thermal 
units as reported for the utility unit in the NAPAP Emissions In-
ventory, Version 2, National Utility Reference File. 
(B) NONUTILITY UNITS.—The term ‘‘actual 1985 sulfur dioxide 
emission rate’’, with respect to a nonutility unit, means the 1985 
sulfur dioxide emission rate in pounds per million British thermal 
units as reported for the nonutility unit in the NAPAP Emissions 
Inventory, Version 2. 
(2) AFFECTED
SOURCE.—The term ‘‘affected source’’ means a 
source that includes 1 or more affected units. 
(3) AFFECTED UNIT.—The term ‘‘affected unit’’ means a unit that 
is subject to emission reduction requirements or limitations under this 
subdivision. 
(4) ALLOWABLE 1985 SULFUR DIOXIDE EMISSION RATE.— 
(A) IN GENERAL.—The term ‘‘allowable 1985 sulfur dioxide 
emission rate’’, with respect to a unit, means— 
(i) a federally enforceable emission limitation for sulfur di-
oxide applicable to the unit in 1985; or 
(ii) the limitation applicable in such year after 1985 as the 
Administrator may determine if a limitation described in 
clause (i) for 1985 does not exist. 
(B) EMISSION
LIMITATION
NOT
EXPRESSED
IN
POUNDS
OF 
EMISSIONS PER MILLION BRITISH THERMAL UNITS OR AVERAGING 
PERIOD NOT EXPRESSED ON AN ANNUAL BASIS.—If the emission 
limitation for a unit is not expressed in pounds of emissions per 
million British thermal units or the averaging period of the emis-
sion limitation is not expressed on an annual basis, the Adminis-
trator shall calculate the annual equivalent of that emission limita-
tion in pounds per million British thermal units to establish the 
allowable 1985 sulfur dioxide emission rate. 
(5) ALLOWANCE.—The term ‘‘allowance’’ means an authorization, 
allocated to an affected unit by the Administrator under this subdivi-
sion, to emit, during or after a specified calendar year, 1 ton of sulfur 
dioxide. 
(6) BASELINE.—The term ‘‘baseline’’ means the annual quantity of 
fossil fuel consumed by an affected unit, measured in millions of Brit-
ish thermal units, calculated as follows: 
(A) UTILITY UNITS.— 
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(i) IN GENERAL.—For a utility unit that was in commercial 
operation prior to January 1, 1985, the baseline is the annual 
average quantity of million British thermal units consumed in 
fuel during calendar years 1985, 1986, and 1987, as recorded 
by the Department of Energy pursuant to Form EIA–767. 
(ii) FORM
EIA–767
NOT
FILED.—For a utility unit for 
which a Form EIA–767 was not filed, the baseline is the level 
specified for the unit in— 
(I) the 1985 NAPAP Emissions Inventory, Version 2, 
National Utility Reference File; or 
(II) a corrected database established by the Adminis-
trator pursuant to subparagraph (E). 
(B) NONUTILITY UNITS.— 
(i) IN GENERAL.—For nonutility units, the baseline is the 
NAPAP Emissions Inventory, Version 2. 
(ii) NONUTILITY
UNITS
NOT
INCLUDED
IN
THE
NAPAP 
EMISSIONS INVENTORY, VERSION 2, OR A CORRECTED DATA-
BASE.—For a nonutility unit that is not included in the 
NAPAP Emissions Inventory, Version 2, or a corrected data-
base established by the Administrator pursuant to subpara-
graph (E), the baseline is the annual average quantity, in mil-
lion British thermal units consumed in fuel by the unit, as 
calculated pursuant to a method that the Administrator shall 
prescribe by regulation. 
(C) EXCLUSION
OF
SHUTDOWN
PERIODS
OF
MONTHS
OR 
LONGER.—The Administrator may exclude periods during which a 
unit is shut down for a continuous period of 4 calendar months 
or longer and make appropriate adjustments under this para-
graph. 
(D) ADJUSTMENT FOR ACCIDENTS.—On petition of the owner 
or operator of a unit, the Administrator may make appropriate 
baseline adjustments for accidents that caused prolonged outages. 
(E) DATABASE.—The Administrator shall, on application or on 
the Administrator’s own motion, supplement data needed in sup-
port of this subdivision and correct any factual errors in data from 
which affected Phase II units’ baselines or actual 1985 sulfur di-
oxide emission rates have been calculated. Corrected data shall be 
used for purposes of issuing allowances under this subdivision. 
The corrections shall not be subject to judicial review, nor shall 
the failure of the Administrator to correct an alleged factual error 
in the reports be subject to judicial review. 
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