TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C - AIR PROGRAMS

PART 77 - EXCESS EMISSIONS

77.3 - Offset plans for excess emissions of sulfur dioxide.

Link to an amendment published at 70 FR 25337, May 12, 2005.

  (a) Applicability. The owners and operators of any affected unit that has excess emissions of sulfur dioxide in any calendar year shall be liable to offset the amount of such excess emissions by an equal amount of allowances from the unit's Allowance Tracking System account.

  (b) Deadline. Not later than 60 days after the end of any calendar year during which an affected unit had excess emissions of sulfur dioxide (except for any increase in excess emissions under 72.91(b) of this chapter), the designated representative for the unit shall submit to the Administrator a complete proposed offset plan to offset those emissions.

Each day after the 60-day deadline that the designated representative fails to submit a complete proposed offset plan shall be a separate violation of this part.

  (c) Number of Plans. The designated representative shall submit a proposed offset plan for each affected unit with excess emissions of sulfur dioxide.

  (d) Contents of Plan. A complete proposed offset plan shall include the following elements in a format prescribed by the Administrator for the unit and for the calendar year for which the plan is submitted: (1) Identification of the unit.

  (2) If the unit had excess emissions for the calendar year prior to the year for which the plan is submitted, an explanation of how and why the excess emissions occurred for the year for which the plan is submitted and a description of any measures that were or will be taken to prevent excess emissions in the future.

  (3) At the designated representative's option, the number of allowances to be deducted from the unit's Allowance Tracking System account to offset the excess emissions for the year for which the plan is submitted.

  (4) At the designated representative's option, the serial numbers of the allowances that are to be deducted from the unit's Allowance Tracking System account.

  (5) A statement either that allowances to offset the excess emissions are to be deducted immediately from the unit's compliance subaccount or that they are to be deducted on a specified date in a subsequent year.

  (6) If the proposed offset plan does not propose an immediate deduction of allowances under paragraph (d)(5) of this section, a demonstration that such a deduction will interfere with electric reliability.

[58 FR 3757, Jan. 11, 1993, as amended at 62 FR 55487, Oct. 24, 1997]