sources under this section shall be subject to the requirements of
sections 403, 408, 411, 412, 413, and 414.
"(f) Limitation.-Any unit designated under this section shall not
transfer or bank allowances produced as a result of reduced
utilization or shutdown, except that, such allowances may be
transferred or carried forward for use in subsequent years to the
extent that the reduced utilization or shutdown results from the
replacement of thermal energy from the unit designated under this
section, with thermal energy generated by any other unit or units
subject to the requirements of this title, and the designated unit's
allowances are transferred or carried forward for use at such other
replacement unit or units. In no case may the Administrator allocate
to a source designated under this section allowances in an amount
the emissions resulting from operation of the source in full
compliance with the requirements of this Act. No such allowances shall
authorize operation of a unit in violation of any other requirements
of this Act.
"(g) Implementation.-The Administrator shall issue regulations to
implement this section not later than eighteen months after enactment
of the Clean Air Act Amendments of 1990.
"(h) Small Diesel Refineries.-The Administrator shall issue
allowances to owners or operators of small diesel refineries who
produce diesel fuel after October 1, 1993, meeting the requirements of
subsection 211(i) of this Act.
"(1) Allowance period.-Allowances may be allocated under this
subsection only for the period from October 1, 1993, through
December 31, 1999.
"(2) Allowance determination.-The number of allowances
allocated pursuant to this paragraph shall equal the annual
number of pounds of sulfur dioxide reduction attributable to
desulfurization by a small refinery divided by 2,000. For the
purposes of this calculation, the concentration of sulfur removed
from diesel fuel shall be the difference between 0.274 percent
(by weight) and 0.050 percent (by weight).
"(3) Refinery eligibility.-As used in this subsection, the term
`small refinery' shall mean a refinery or portion of a refinery-
"(A) which, as of the date of enactment of the Clean Air Act
Amendments of 1990, has bona fide crude oil throughput of less
than 18,250,000 barrels per year, as reported to the Department
of Energy, and
"(B) which, as of the date of enactment of the Clean Air Act
Amendments of 1990, is owned or controlled by a refiner with a
total combined bona fide crude oil throughput of less than
50,187,500 barrels per year, as reported to the Department of
"(4) Limitation per refinery.-The maximum number of allowances
that can be annually allocated to a small refinery pursuant to
this subsection is one thousand and five hundred.
"(5) Limitation on total.-In any given year, the total number
of allowances allocated pursuant to this subsection shall not
exceed thirty-five thousand.
"(6) Required certification.-The Administrator shall not
allocate any allowances pursuant to this subsection unless the
owner or operator of a small diesel refinery shall have
certified, at a time and in a manner prescribed by the