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   "(a) Applicability.-The owner  and operator of any  source subject

to this  title shall be required  to install and operate  CEMS on each

affected unit at the source, and to quality assure the data for sulfur

dioxide, nitrogen  oxides, opacity  and volumetric  flow at  each such

unit. The Administrator shall, by regulations issued not later

than eighteen months after  enactment of the Clean Air  Act Amendments

of 1990,  specify  the  requirements  for CEMS,  for  any  alternative

monitoring system  that is demonstrated as  providing information with

the same precision, reliability, accessibility, and timeliness as that

provided by CEMS,  and for recordkeeping and  reporting of information

from such systems. Such regulations may include limitations or the use

of  alternative   compliance  methods   by  units  equipped   with  an

alternative monitoring  system as  may be  necessary  to preserve  the

orderly functioning of the allowance system, and which will ensure the

emissions reductions contemplated by this title. Where 2 or more units

utilize a single stack, a separate CEMS shall not be required for each

unit, and for such units the regulations shall require that  the owner

or   operator  collect  sufficient   information  to  permit  reliable

compliance determinations for each such unit.

   "(b) First Phase  Requirements.-Not later  than thirty-six  months

after enactment of the Clean Air Act Amendments of 1990,  the owner or

operator of each affected  unit under section 404, including,  but not

limited to, units  that become affected units  pursuant to subsections

(b) and (c) and eligible units under subsection (d), shall install and

operate CEMS, quality assure the data, and keep records and reports in

accordance with the regulations issued under subsection (a).

   "(c) Second  Phase Requirements.-Not later  than January 1,  1995,

the owner or  operator of each  affected unit that has  not previously

met  the requirements  of subsections  (a) and  (b) shall  install and

operate CEMS, quality assure the data, and keep records and reports in

accordance  with the  regulations  issued under  subsection (a).  Upon

commencement of  commercial operation  of each  new utility  unit, the

unit shall comply with the requirements of subsection (a).

   "(d) Unavailability  of Emissions Data.-If CEMS  data or data from

an alternative  monitoring system approved by  the Administrator under

subsection  (a)  is not  available for  any  affected unit  during any

period of  a calendar year in  which such data is  required under this

title,  and   the  owner  or  operator   cannot  provide  information,

satisfactory to  the Administrator,  on emissions during  that period,

the   Administrator  shall  deem  the  unit  to  be  operating  in  an

uncontrolled  manner during the entire  period for which  the data was

not available and shall, by regulation which shall be issued not later

than eighteen months after  enactment of the Clean Air  Act Amendments

of 1990, prescribe means  to calculate emissions for that  period. The

owner  or operator  shall  be liable  for  excess emissions  fees  and

offsets under section 411 in accordance with such regulations. Any fee

due and payable under this subsection shall not diminish the liability

of  the  unit's owner  or  operator  for  any  fine, penalty,  fee  or

assessment against the  unit for  the same violation  under any  other

section of this Act.

   "(e) Prohibition.-It shall be  unlawful for the owner or  operator

of  any source  subject to  this  title to  operate  a source  without

complying with the  requirements of this section, and  any regulations

implementing this section.

"SEC. 413. GENERAL COMPLIANCE WITH OTHER PROVISIONS.

   "Except as  expressly provided,  compliance with the  requirements

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