cfr_sections
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31 rows where part_number = 74 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:18.0.1.1.3.1.1.1 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | A | Subpart A—Background and Summary | § 74.1 Purpose and scope. | EPA | The purpose of this part is to establish the requirements and procedures for: (a) The election of a combustion or process source that emits sulfur dioxide to become an affected unit under the Acid Rain Program, pursuant to section 410 of title IV of the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 (November 15, 1990); and (b) Issuing and modifying operating permits; certifying monitors; and allocating, tracking, transferring, surrendering and deducting allowances for combustion or process sources electing to become affected units. | ||||
| 40:40:18.0.1.1.3.1.1.2 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | A | Subpart A—Background and Summary | § 74.2 Applicability. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 62 FR 55487, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001] | Combustion or process sources that are not affected units under § 72.6 of this chapter and that are operating and are located in the 48 contiguous States or the District of Columbia may submit an opt-in permit application to become opt-in sources upon issuance of an opt-in permit. Units for which an exemption under § 72.7 or § 72.8 of this chapter is in effect and combustion or process sources that are not operating are not eligible to submit an opt-in permit application to become opt-in sources. | |||
| 40:40:18.0.1.1.3.1.1.3 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | A | Subpart A—Background and Summary | § 74.3 Relationship to the Acid Rain program requirements. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) General. (1) For purposes of applying parts 72, 73, 75, 77 and 78, each opt-in source shall be treated as an affected unit. (2) Subpart A, B, G, and H of part 72 of this chapter, including §§ 72.2 (definitions), 72.3 (measurements, abbreviations, and acronyms), 72.4 (Federal authority), 72.5 (State authority), 72.6 (applicability), 72.7 (New units exemption), 72.8 (Retired units exemption), 72.9 (Standard Requirements), 72.10 (availability of information), and 72.11 (computation of time), shall apply to this part. (b) Permits. The permitting authority shall act in accordance with this part and parts 70, 71, and 72 of this chapter in issuing or denying an opt-in permit and incorporating it into a combustion or process source's operating permit. To the extent that any requirements of this part, part 72, and part 78 of this chapter are inconsistent with the requirements of parts 70 and 71 of this chapter, the requirements of this part, part 72, and part 78 of this chapter shall take precedence and shall govern the issuance, denials, revision, reopening, renewal, and appeal of the opt-in permit. (c) Appeals. The procedures for appeals of decisions of the Administrator under this part are contained in part 78 of this chapter. (d) Allowances. A combustion or process source that becomes an affected unit under this part shall be subject to all the requirements of subparts C and D of part 73 of this chapter, consistent with subpart E of this part. (e) Excess emissions. A combustion or process source that becomes an affected unit under this part shall be subject to the requirements of part 77 of this chapter applicable to excess emissions of sulfur dioxide and shall not be subject to the requirements of part 77 of this chapter applicable to excess emissions of nitrogen oxides. (f) Monitoring. A combustion or process source that becomes an affected unit under this part shall be subject to all the requirements of part 75, consistent with subparts F and G of this part. | |||
| 40:40:18.0.1.1.3.1.1.4 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | A | Subpart A—Background and Summary | § 74.4 Designated representative. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998; 71 FR 25379, Apr. 28, 2006] | (a) The provisions of subpart B of part 72 of this chapter shall apply to the designated representative of an opt-in source. (b) If a combustion or process source is located at the same source as one or more affected units, the combustion or process source shall have the same designated representative as the other affected units at the source. | |||
| 40:40:18.0.1.1.3.2.1.1 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.10 Roles—EPA and permitting authority. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) Administrator responsibilities. The Administrator shall be responsible for the following activities under the opt-in provisions of the Acid Rain Program: (1) Calculating the baseline or alternative baseline and allowance allocation, and allocating allowances for combustion or process sources that become affected units under this part; (2) Certifying or recertifying monitoring systems for combustion or process sources as provided under § 74.20 of this chapter; (3) Establishing allowance accounts, tracking allowances, assessing end-of-year compliance, determining reduced utilization, approving thermal energy transfer and accounting for the replacement of thermal energy, closing accounts for opt-in sources that shut down, are reconstructed, become affected under § 72.6 of this chapter, or fail to renew their opt-in permit, and deducting allowances as provided under subpart E of this part; and (4) Ensuring that the opt-in source meets all withdrawal conditions prior to withdrawal from the Acid Rain Program as provided under § 74.18; and (5) Approving and disapproving the request to withdraw from the Acid Rain Program. (b) Permitting authority responsibilities. The permitting authority shall be responsible for the following activities: (1) Issuing the draft and final opt-in permit; (2) Revising and renewing the opt-in permit; and (3) Terminating the opt-in permit for an opt-in source as provided in § 74.18 (withdrawal), § 74.46 (shutdown, reconstruction or change in affected status) and § 74.50 (deducting allowances). | |||
| 40:40:18.0.1.1.3.2.1.2 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.12 Opt-in permit contents. | EPA | (a) The opt-in permit shall be included in the Acid Rain permit. (b) Scope. The opt-in permit provisions shall apply only to the opt-in source and not to any other affected units. (c) Contents. Each opt-in permit, including any draft or proposed opt-in permit, shall contain the following elements in a format specified by the Administrator: (1) All elements required for a complete opt-in permit application as provided under § 74.16 for combustion sources or under § 74.17 for process sources or, if applicable, all elements required for a complete opt-in permit renewal application as provided in § 74.19 for combustion sources or under § 74.17 for process sources; (2) The allowance allocation for the opt-in source as determined by the Administrator under subpart C of this part for combustion sources or subpart D of this part for process sources; (3) The standard permit requirements as provided under § 72.9 of this chapter, except that the provisions in § 72.9(d) of this chapter shall not be included in the opt-in permit; and (4) Termination. The provision that participation of a combustion or process source in the Acid Rain Program may be terminated only in accordance with § 74.18 (withdrawal), § 74.46 (shutdown, reconstruction, or change in affected status), and § 74.50 (deducting allowances). (d) Each opt-in permit is deemed to incorporate the definitions of terms under § 72.2 of this chapter. (e) Permit shield. Each opt-in source operated in accordance with the opt-in permit that governs the opt-in source and that was issued in compliance with title IV of the Act, as provided in this part and parts 72, 73, 75, 77, and 78 of this chapter, shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in § 72.9(g)(6) of this chapter. (f) Term of opt-in permit. An opt-in permit shall be issued for a period of 5 years and may be renewed in accordance with § 74.19; provided (1) If an opt-in permit is issued prior to January 1, 2000, then the opt-in permit may, at the op… | ||||
| 40:40:18.0.1.1.3.2.1.3 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.14 Opt-in permit process. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) Submission. The designated representative of a combustion or process source may submit an opt-in permit application and a monitoring plan to the Administrator at any time for any combustion or process source that is operating. (b) Issuance or denial of opt-in permits. The permitting authority shall issue or deny opt-in permits or revisions of opt-in permits in accordance with the procedures in parts 70 and 71 of this chapter and subparts F and G of part 72 of this chapter, except as provided in this section. (1) Supplemental information. Regardless of whether the opt-in permit application is complete, the Administrator or the permitting authority may request submission of any additional information that the Administrator or the permitting authority determines to be necessary in order to review the opt-in permit application or to issue an opt-in permit. (2) Interim review of monitoring plan. The Administrator will determine, on an interim basis, the sufficiency of the monitoring plan, accompanying the opt-in permit application. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that all SO 2 emissions, NO X emissions, CO 2 emissions, and opacity of the combustion or process source are monitored and reported in accordance with part 75 of this chapter. This interim review of sufficiency shall not be construed as the approval or disapproval of the combustion or process source's monitoring system. (3) Issuance of draft opt-in permit. After the Administrator determines whether the combustion or process source's monitoring plan is sufficient under paragraph (b)(2) of this section, the permitting authority shall serve the draft opt-in permit or the denial of a draft permit or the draft opt-in permit revisions or the denial of draft opt-in permit revisions on the designated representative of the combustion or process source submitting an opt-in permit application. A draft permit or draft opt-in permit revision shall not be served o… | |||
| 40:40:18.0.1.1.3.2.1.4 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.16 Application requirements for combustion sources. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) Opt-in permit application. Each complete opt-in permit application for a combustion source shall contain the following elements in a format prescribed by the Administrator: (1) Identification of the combustion source, including company name, plant name, plant site address, mailing address, description of the combustion source, and information and diagrams on the combustion source's configuration; (2) Identification of the designated representative, including name, address, telephone number, and facsimile number; (3) The year and month the combustion source commenced operation; (4) The number of hours the combustion source operated in the six months preceding the opt-in permit application and supporting documentation; (5) The baseline or alternative baseline data under § 74.20; (6) The actual SO 2 emissions rate under § 74.22; (7) The allowable 1985 SO 2 emissions rate under § 74.23; (8) The current allowable SO 2 emissions rate under § 74.24; (9) The current promulgated SO 2 emissions rate under § 74.25; (10) If the combustion source seeks to qualify for a transfer of allowances from the replacement of thermal energy, a thermal energy plan as provided in § 74.47 for combustion sources; and (11) A statement whether the combustion source was previously an affected unit under this part; (12) A statement that the combustion source is not an affected unit under § 72.6 of this chapter and does not have an exemption under § 72.7, § 72.8, or § 72.14 of this chapter; (13) A complete compliance plan for SO 2 under § 72.40 of this chapter; and (14) The following statement signed by the designated representative of the combustion source: “I certify that the data submitted under subpart C of part 74 reflects actual operations of the combustion source and has not been adjusted in any way.” (b) Accompanying documents. The designated representative of the combustion source shall submit a monitoring plan in accordance with § 74.61. | |||
| 40:40:18.0.1.1.3.2.1.5 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.17 Application requirements for process sources. [Reserved] | EPA | |||||
| 40:40:18.0.1.1.3.2.1.6 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.18 Withdrawal. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998; 70 FR 25336, May 12, 2005] | (a) Withdrawal through administrative amendment. An opt-in source may request to withdraw from the Acid Rain Program by submitting an administrative amendment under § 72.83 of this chapter; provided that the amendment will be treated as received by the permitting authority upon issuance of the notification of the acceptance of the request to withdraw under paragraph (f)(1) of this section. (b) Requesting withdrawal. To withdraw from the Acid Rain Program, the designated representative of an opt-in source shall submit to the Administrator and the permitting authority a request to withdraw effective January 1 of the year after the year in which the submission is made. The submission shall be made no later than December 1 of the calendar year preceding the effective date of withdrawal. (c) Conditions for withdrawal. In order for an opt-in source to withdraw, the following conditions must be met: (1) By no later than January 30 of the first calendar year in which the withdrawal is to be effective, the designated representative must submit to the Administrator an annual compliance certification report pursuant to § 74.43. (2) If the opt-in source has excess emissions in the calendar year before the year for which the withdrawal is to be in effect, the designated representative must submit an offset plan for excess emissions, pursuant to part 77 of this chapter, that provides for immediate deduction of allowances. (d) Administrator's action on withdrawal. After the opt-in source meets the requirements for withdrawal under paragraphs (b) and (c) of this section, the Administrator will deduct allowances required to be deducted under § 73.35 of this chapter and part 77 of this chapter and allowances equal in number to and with the same or earlier compliance use date as those allocated under § 74.40 for the first year for which the withdrawal is to be effective and all subsequent years. (e) Opt-in source's prior violations. An opt-in source that withdraws from the Acid Rain Program shall comply with all req… | |||
| 40:40:18.0.1.1.3.2.1.7 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | B | Subpart B—Permitting Procedures | § 74.19 Revision and renewal of opt-in permit. | EPA | (a) The designated representative of an opt-in source may submit revisions to its opt-in permit in accordance with subpart H of part 72 of this chapter. (b) The designated representative of an opt-in source may renew its opt-in permit by meeting the following requirements: (1)(i) In order to renew an opt-in permit if the Administrator is the permitting authority for the renewed permit, the designated representative of an opt-in source must submit to the Administrator an opt-in permit application at least 6 months prior to the expiration of an existing opt-in permit. (ii) In order to renew an opt-in permit if the State is the permitting authority for the renewed permit, the designated representative of an opt-in source must submit to the permitting authority an opt-in permit application at least 18 months prior to the expiration of an existing opt-in permit or such shorter time as may be approved for operating permits under part 70 of this chapter. (2) Each complete opt-in permit application submitted to renew an opt-in permit shall contain the following elements in a format prescribed by the Administrator: (i) Elements contained in the opt-in source's initial opt-in permit application as specified under § 74.16(a)(1), (2), (10), (11), (12), and (13). (ii) An updated monitoring plan, if applicable under § 75.53(b) of this chapter. (c)(1) Upon receipt of an opt-in permit application submitted to renew an opt-in permit, the permitting authority shall issue or deny an opt-in permit in accordance with the requirements under subpart B of this part, except as provided in paragraph (c)(2) of this section. (2) When issuing a renewed opt-in permit, the permitting authority shall not alter an opt-in source's allowance allocation as established, under subpart B and subpart C of this part for combustion sources and under subpart B and subpart D of this part for process sources, in the opt-in permit that is being renewed. | ||||
| 40:40:18.0.1.1.3.3.1.1 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.20 Data for baseline and alternative baseline. | EPA | (a) Acceptable data. (1) The designated representative of a combustion source shall submit either the data specified in this paragraph or alternative data under paragraph (c) of this section. The designated representative shall also submit the calculations under this section based on such data. (2) The following data shall be submitted for the combustion source for the calendar year(s) under paragraph (a)(3) of this section: (i) Monthly or annual quantity of each type of fuel consumed, expressed in thousands of tons for coal, thousands of barrels for oil, and million standard cubic feet (scf) for natural gas. If other fuels are used, the combustion source must specify units of measure. (ii) Monthly or annual heat content of fuel consumed for each type of fuel consumed, expressed in British thermal units (Btu) per pound for coal, Btu per barrel for oil, and Btu per standard cubic foot (scf) for natural gas. If other fuels are used, the combustion source must specify units of measure. (iii) Monthly or annual sulfur content of fuel consumed for each type of fuel consumed, expressed as a percentage by weight. (3) Calendar Years. (i) For combustion sources that commenced operating prior to January 1, 1985, data under this section shall be submitted for 1985, 1986, and 1987. (ii) For combustion sources that commenced operation after January 1, 1985, the data under this section shall be submitted for the first three consecutive calendar years during which the combustion source operated after December 31, 1985. (b) Calculation of baseline and alternative baseline. (1) For combustion sources that commenced operation prior to January 1, 1985, the baseline is the average annual quantity of fuel consumed during 1985, 1986, and 1987, expressed in mmBtu. The baseline shall be calculated as follows: where, (i) for a combustion source submitting monthly data, and unit conversion = 2 for coal = 0.001 for oil = 1 for gas = 2 for coal = 0.001 for oil = 1 for gas For other fuels, the combustion source must… | ||||
| 40:40:18.0.1.1.3.3.1.2 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.22 Actual SO | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) Data requirements. The designated representative of a combustion source shall submit the calculations under this section based on data submitted under § 74.20 for the following calendar year: (1) For combustion sources that commenced operation prior to January 1, 1985, the calendar year for calculating the actual SO 2 emissions rate shall be 1985. (2) For combustion sources that commenced operation after January 1, 1985, the calendar year for calculating the actual SO 2 emissions rate shall be the first year of the three consecutive calendar years of the alternative baseline under § 74.20(b)(2). (3) For combustion sources meeting the requirements of § 74.20(c), the calendar year for calculating the actual SO 2 emissions rate shall be the first year of the three consecutive calendar years to be used as alternative data under § 74.20(c). (b) SO 2 emissions factor calculation. The SO 2 emissions factor for each type of fuel consumed during the specified year, expressed in pounds per thousand tons for coal, pounds per thousand barrels for oil and pounds per million cubic feet (scf) for gas, shall be calculated as follows: SO 2 Emissions Factor = (average percent of sulfur by weight) × (k), where, average percent of sulfur by weight = annual average, for a combustion source submitting annual data = monthly average, for a combustion source submitting monthly data k = 39,000 for bituminous coal or anthracite = 35,000 for subbituminous coal = 30,000 for lignite = 5,964 for distillate (light) oil = 6,594 for residual (heavy) oil = 0.6 for natural gas For other fuels, the combustion source must specify the SO 2 emissions factor. where, average percent of sulfur by weight k = 39,000 for bituminous coal or anthracite For other fuels, the combustion source must specify the SO 2 emissions factor. (c) Annual SO 2 emissions calculation. Annual SO 2 Emissions for the specified calendar year, expressed in pounds, shall be calculated as follows: (1) For a combustion so… | |||
| 40:40:18.0.1.1.3.3.1.3 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.23 1985 Allowable SO | EPA | (a) Data requirements. (1) The designated representative of the combustion source shall submit the following data and the calculations under paragraph (b) of this section based on the submitted data: (i) Allowable SO 2 emissions rate of the combustion source expressed in lbs/mmBtu as defined under § 72.2 of this chapter for the calendar year specified in paragraph (a)(2) of this section. If the allowable SO 2 emissions rate is not expressed in lbs/mmBtu, the allowable emissions rate shall be converted to lbs/mmBtu by multiplying the emissions rate by the appropriate factor as specified in Table 1 of this section. Table 1—Factors to Convert Emission Limits to Pounds of SO 2 /mmBtu 1 Annual fuel consumption as defined under § 74.20(b)(1) (i) or (ii); specified calendar year as defined under § 74.23(a)(2). (ii) Citation of statute, regulations, and any other authority under which the allowable emissions rate under paragraph (a)(1) of this section is established as applicable to the combustion source; (iii) Averaging time associated with the allowable emissions rate under paragraph (a)(1) of this section. (iv) The annualization factor for the combustion source, based on the type of combustion source and the associated averaging time of the allowable emissions rate of the combustion source, as set forth in the Table 2 of this section: Table 2—Annualization Factors for SO 2 Emission Rates (2) Calendar year. (i) For combustion sources that commenced operation prior to January 1, 1985, the calendar year for the allowable SO 2 emissions rate shall be 1985. (ii) For combustion sources that commenced operation after January 1, 1985, the calendar year for the allowable SO 2 emissions rate shall be the first year of the three consecutive calendar years of the alternative baseline under § 74.20(b)(2). (iii) For combustion sources meeting the requirements of § 74.20(c), the calendar year for calculating the allowable SO 2 emissions rate shall be the first year of the three consecutive calendar years to be u… | ||||
| 40:40:18.0.1.1.3.3.1.4 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.24 Current allowable SO | EPA | The designated representative shall submit the following data: (a) Current allowable SO 2 emissions rate of the combustion source, expressed in lbs/mmBtu, which shall be the most stringent federally enforceable emissions limit in effect as of the date of submission of the opt-in application. If the allowable SO 2 emissions rate is not expressed in lbs/mmBtu, the allowable emissions rate shall be converted to lbs/mmBtu by multiplying the allowable rate by the appropriate factor as specified in Table 1 in § 74.23(a)(1)(i). (b) Citations of statute, regulation, and any other authority under which the allowable emissions rate under paragraph (a) of this section is established as applicable to the combustion source; (c) Averaging time associated with the allowable emissions rate under paragraph (a) of this section. | ||||
| 40:40:18.0.1.1.3.3.1.5 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.25 Current promulgated SO | EPA | The designated representative shall submit the following data: (a) Current promulgated SO 2 emissions limit of the combustion source, expressed in lbs/mmBtu, which shall be the most stringent federally enforceable emissions limit that has been promulgated as of the date of submission of the opt-in permit application and that either is in effect on that date or will take effect after that date. If the promulgated SO 2 emissions limit is not expressed in lbs/mmBtu, the limit shall be converted to lbs/mmBtu by multiplying the limit by the appropriate factor as specified in Table 1 of § 74.23(a)(1)(i). (b) Citations of statute, regulation and any other authority under which the emissions limit under paragraph (a) of this section is established as applicable to the combustion source; (c) Averaging time associated with the emissions limit under paragraph (a) of this section. (d) Effective date of the emissions limit under paragraph (a) of this section. | ||||
| 40:40:18.0.1.1.3.3.1.6 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.26 Allocation formula. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] | (a) The Administrator will calculate the annual allowance allocation for a combustion source based on the data, corrected as necessary, under § 74.20 through § 74.25 as follows: (1) For combustion sources for which the current promulgated SO 2 emissions limit under § 74.25 is greater than or equal to the current allowable SO 2 emissions rate under § 74.24, the number of allowances allocated for each year equals: (2) For combustion sources for which the current promulgated SO 2 emissions limit under § 74.25 is less than the current allowable SO 2 emissions rate under § 74.24. (i) The number of allowances for each year ending prior to the effective date of the promulgated SO 2 emissions limit equals: (ii) The number of allowances for the year that includes the effective date of the promulgated SO 2 emissions limit and for each year thereafter equals: | |||
| 40:40:18.0.1.1.3.3.1.7 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | C | Subpart C—Allowance Calculations for Combustion Sources | § 74.28 Allowance allocation for combustion sources becoming opt-in sources on a date other than January 1. | EPA | (a) Dates of entry. (1) If an opt-in source provided monthly data under § 74.20, the opt-in source's opt-in permit may become effective at the beginning of a calendar quarter as of January 1, April 1, July 1, or October 1. (2) If an opt-in source provided annual data under § 74.20, the opt-in source's opt-in permit must become effective on January 1. (b) Prorating by Calendar Quarter. Where a combustion source's opt-in permit becomes effective on April 1, July 1, or October 1 of a given year, the Administrator will prorate the allowance allocation for that first year by the calendar quarters remaining in the year as follows: Allowances for the first year (1) For combustion sources that commenced operations before January 1, 1985, (2) For combustion sources that commenced operations after January 1, 1985, (3) Under paragraphs (b) (1) and (2) of this section, (i) “Remaining calendar quarters” shall be the calendar quarters in the first year for which the opt-in permit will be effective. (ii) Fuel consumption for remaining calendar quarters = where unit conversion = 2 for coal = 0.001 for oil = 1 for gas For other fuels, the combustion source must specify unit conversion; and where starting month = April, if effective date is April 1; = July, if effective date is July 1; and = October, if effective date is October 1. where unit conversion For other fuels, the combustion source must specify unit conversion; and where starting month | ||||
| 40:40:18.0.1.1.3.5.1.1 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.40 Establishment of opt-in source allowance accounts. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25336, May 12, 2005] | (a) Establishing accounts. Not earlier than the date on which a combustion or process source becomes an affected unit under this part and upon receipt of a request for a compliance account under paragraph (b) of this section, the Administrator will establish a compliance account (unless the source that includes the opt-in source already has a compliance account or the opt-in source has, under § 74.4(c), a different designated representative than the designated representative for the source) and allocate allowances in accordance with subpart C of this part for combustion sources or subpart D of this part for process sources. (b) Request for opt-in account. The designated representative of the opt-in source shall, on or after the effective date of the opt-in permit as specified in § 74.14(d), submit a letter requesting the opening of an compliance account (unless the source that includes the opt-in source already has a compliance account or the opt-in source has, under § 74.4(c), a different designated representative than the designated representative for the source)to the Administrator. | |||
| 40:40:18.0.1.1.3.5.1.10 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.49 Calculation for deducting allowances. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25337, May 12, 2005] | (a) Allowance deduction formula. The following formula shall be used to determine the total number of allowances to be deducted for the calendar year from the allowances held in the compliance account of a source that includes an opt-in source as of the allowance transfer deadline applicable to that year: Total allowances deducted = Tons emitted + Allowances deducted for reduced utilization where: (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, “Tons emitted” shall be the total tons of sulfur dioxide emitted by the opt-in source during the calendar year, as reported in accordance with subpart F of this part for combustion sources or subpart G of this part for process sources. (ii) If the effective date of the opt-in source's permit took effect on a date other than January 1, “Tons emitted” for the first calendar year shall be the total tons of sulfur dioxide emitted by the opt-in source during the calendar quarters for which the opt-in source's opt-in permit is effective, as reported in accordance with subpart F of this part for combustion sources or subpart G of this part for process sources. (2) “Allowances deducted for reduced utilization” shall be the total number of allowances deducted for reduced utilization as calculated in accordance with § 74.44 for combustion sources or § 74.45 for process sources. (b) [Reserved] | |||
| 40:40:18.0.1.1.3.5.1.11 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.50 Deducting opt-in source allowances from ATS accounts. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18842, Apr. 16, 1998; 70 FR 25337, May 12, 2005] | (a)(1) Deduction of allowances. The Administrator may deduct any allowances that were allocated to an opt-in source under § 74.40 by removing, from any Allowance Tracking System accounts in which they are held, the allowances in an amount specified in paragraph (d) of this section, under the following circumstances: (i) When the opt-in source has permanently shut down; or (ii) When the opt-in source has been reconstructed; or (iii) When the opt-in source becomes an affected unit under § 72.6 of this chapter; or (iv) When the opt-in source fails to renew its opt-in permit. (2) An opt-in allowance may not be deducted under paragraph (a)(1) of this section from any Allowance Tracking System Account other than the account of the source that includes opt-in source allocated such allowance: (i) After the Administrator has completed the process of recordation as set forth in § 73.34(a) of this chapter following the deduction of allowances from the compliance account of the source that includes the opt-in source for the year for which such allowance may first be used; or (ii) If the opt-in source includes in the annual compliance certification report estimates of any reduction in heat input resulting from improved efficiency under § 74.44(a)(1)(i), after the Administrator has completed action on the confirmation report concerning such estimated reduction pursuant to § 74.44(c)(2)(iii)(E)( 3 ), ( 4 ), and ( 5 ) for the year for which such allowance may first be used. (b) Method of deduction. The Administrator will deduct allowances beginning with those allowances with the latest recorded date of transfer out of the compliance account of the source that includes the opt-in source. (c) Notification of deduction. When allowances are deducted, the Administrator will send a written notification to the authorized account representative of each Allowance Tracking System account from which allowances were deducted. The notification will state: (1) The serial numbers of all allowances deducted from the account, (2… | |||
| 40:40:18.0.1.1.3.5.1.2 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.41 Identifying allowances. | EPA | (a) Identifying allowances. Allowances allocated to an opt-in source will be assigned a serial number that identifies them as being allocated under an opt-in permit. (b) Submittal of opt-in allowances for auction. (1) An authorized account representative may offer for sale in the spot auction under § 73.70 of this chapter allowances that are allocated to opt-in sources, if the allowances have a compliance use date earlier than the year in which the spot auction is to be held and if the Administrator has completed the deductions for compliance under § 73.35(b) for the compliance year corresponding to the compliance use date of the offered allowances. (2) Authorized account representatives may not offer for sale in the advance auctions under § 73.70 of this chapter allowances allocated to opt-in sources. | ||||
| 40:40:18.0.1.1.3.5.1.3 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.42 Limitation on transfers. | EPA | [70 FR 25336, May 12, 2005] | (a) With regard to a transfer request submitted for recordation during the period starting January 1 and ending with the allowance transfer deadline in the same year, the Administrator will not record a transfer of an opt-in allowance that is allocated to an opt-in source for the year in which the transfer request is submitted or a subsequent year. (b) With regard to a transfer request during the period starting with the day after an allowance transfer deadline and ending December 31 in the same year, the Administrator will not record a transfer of an opt-in allowance that is allocated to an opt-in source for a year after the year in which the transfer request is submitted. | |||
| 40:40:18.0.1.1.3.5.1.4 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.43 Annual compliance certification report. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25337, May 12, 2005] | (a) Applicability and deadline. For each calendar year in which an opt-in source is subject to the Acid Rain emissions limitations, the designated representative of the opt-in source shall submit to the Administrator, no later than 60 days after the end of the calendar year, an annual compliance certification report for the opt-in source. (b) Contents of report. The designated representative shall include in the annual compliance certification report the following elements, in a format prescribed by the Administrator, concerning the opt-in source and the calendar year covered by the report: (1) Identification of the opt-in source; (2) An opt-in utilization report in accordance with § 74.44 for combustion sources and § 74.45 for process sources; (3) A thermal energy compliance report in accordance with § 74.47 for combustion sources and § 74.48 for process sources, if applicable; (4) Shutdown or reconstruction information in accordance with § 74.46, if applicable; (5) A statement that the opt-in source has not become an affected unit under § 72.6 of this chapter; (6) At the designated representative's option, the total number of allowances to be deducted for the year, using the formula in § 74.49, and the serial numbers of the allowances that are to be deducted; and (7) In an annual compliance certification report for a year during 1995 through 2005, at the designated representative's option, for opt-in sources that share a common stack and whose emissions of sulfur dioxide are not monitored separately or apportioned in accordance with part 75 of this chapter, the percentage of the total number of allowances under paragraph (b)(6) of this section for all such affected units that is to be deducted from each affected unit's compliance subaccount; and (8) In an annual compliance certification report for a year during 1995 through 2005, the compliance certification under paragraph (c) of this section. (c) Annual compliance certification. In the annual compliance certification report under paragraph (a)… | |||
| 40:40:18.0.1.1.3.5.1.5 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.44 Reduced utilization for combustion sources. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998; 70 FR 25337, May 12, 2005] | (a) Calculation of utilization —(1) Annual utilization. (i) Except as provided in paragraph (a)(1)(ii) of this section, annual utilization for the calendar year shall be calculated as follows: Annual Utilization = Actual heat input + Reduction from improved efficiency where, (A) “Actual heat input” shall be the actual annual heat input (in mmBtu) of the opt-in source for the calendar year determined in accordance with appendix F of part 75 of this chapter. (B) “Reduction from improved efficiency” shall be the sum of the following four elements: Reduction from demand side measures that improve the efficiency of electricity consumption; reduction from demand side measures that improve the efficiency of steam consumption; reduction from improvements in the heat rate at the opt-in source; and reduction from improvement in the efficiency of steam production at the opt-in source. Qualified demand side measures applicable to the calculation of utilization for opt-in sources are listed in appendix A, section 1 of part 73 of this chapter. (C) “Reduction from demand side measures that improve the efficiency of electricity consumption” shall be a good faith estimate of the expected kilowatt hour savings during the calendar year for such measures and the corresponding reduction in heat input (in mmBtu) resulting from those measures. The demand side measures shall be implemented at the opt-in source, in the residence or facility to which the opt-in source delivers electricity for consumption or in the residence or facility of a customer to whom the opt-in source's utility system sells electricity. The verified amount of such reduction shall be submitted in accordance with paragraph (c)(2) of this section. (D) “Reduction from demand side measures that improve the efficiency of steam consumption” shall be a good faith estimate of the expected steam savings (in mmBtu) from such measures during the calendar year and the corresponding reduction in heat input (in mmBtu) at the opt-in source as a result of those measures. T… | |||
| 40:40:18.0.1.1.3.5.1.6 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.45 Reduced utilization for process sources. [Reserved] | EPA | |||||
| 40:40:18.0.1.1.3.5.1.7 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.46 Opt-in source permanent shutdown, reconstruction, or change in affected status. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25337, May 12, 2005] | (a) Notification. (1) When an opt-in source has permanently shutdown during the calendar year, the designated representative shall notify the Administrator of the date of shutdown, within 30 days of such shutdown. (2) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in § 60.15 of this chapter, the designated representative shall notify the Administrator of the date of completion of the reconstruction, within 30 days of such completion. (3) When an opt-in source becomes an affected unit under § 72.6 of this chapter, the designated representative shall notify the Administrator of such change in the opt-in source's affected status within 30 days of such change. (b) Administrator's action. (1) The Administrator will terminate the opt-in source's opt-in permit and deduct allowances as provided below in the following circumstances: (i) When an opt-in source has permanently shutdown. The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under § 74.40 for the calendar year in which the shut down occurs and for all future years following the year in which the shut down occurs; or (ii) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in § 60.15 of this chapter. The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under § 74.40 for the calendar year in which the reconstruction is completed and all future years following the year in which the reconstruction is completed; or (iii) When an opt-in source becomes an affected unit under § 72.6 of this chapter. The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under § 74.40 for the calendar year in which the opt-in source becomes affected under § 72.6 of this chapter and all future years f… | |||
| 40:40:18.0.1.1.3.5.1.8 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.47 Transfer of allowances from the replacement of thermal energy—combustion sources. | EPA | [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, 18842, Apr. 16, 1998; 70 FR 25337, May 12, 2005] | (a) Thermal energy plan —(1) General provisions. The designated representative of an opt-in source that seeks to qualify for the transfer of allowances based on the replacement of thermal energy by a replacement unit shall submit a thermal energy plan subject to the requirements of § 72.40(b) of this chapter for multi-unit compliance options and this section. The effective period of the thermal energy plan shall begin at the start of the calendar quarter (January 1, April 1, July 1, or October 1) for which the plan is approved and end December 31 of the last full calendar year for which the opt-in permit containing the plan is in effect. (2) Applicability. This section shall apply to any designated representative of an opt-in source and any designated representative of each replacement unit seeking to transfer allowances based on the replacement of thermal energy. (3) Contents. Each thermal energy plan shall contain the following elements in a format prescribed by the Administrator: (i) The calendar year and quarter that the thermal energy plan takes effect, which shall be the first year and quarter the replacement unit(s) will replace thermal energy of the opt-in source; (ii) The name, authorized account representative identification number, and telephone number of the designated representative of the opt-in source; (iii) The name, authorized account representative identification number, and telephone number of the designated representative of each replacement unit; (iv) The account identification number in the Allowance Tracking System of the source that includes the opt-in source; (v) The account identification number in the Allowance Tracking System of each source that includes a replacement unit; (vi) The type of fuel used by each replacement unit; (vii) The allowable SO 2 emissions rate, expressed in lbs/mmBtu, of each replacement unit for the calendar year for which the plan will take effect. When a thermal energy plan is renewed in accordance with paragraph (a)(9) of this section, the all… | |||
| 40:40:18.0.1.1.3.5.1.9 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | E | Subpart E—Allowance Tracking and Transfer and End of Year Compliance | § 74.48 Transfer of allowances from the replacement of thermal energy—process sources. [Reserved] | EPA | |||||
| 40:40:18.0.1.1.3.6.1.1 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | F | Subpart F—Monitoring Emissions: Combustion Sources | § 74.60 Monitoring requirements. | EPA | (a) Monitoring requirements for combustion sources. The owner or operator of each combustion source shall meet all of the requirements specified in part 75 of this chapter for the owners and operators of an affected unit to install, certify, operate, and maintain a continuous emission monitoring system, an excepted monitoring system, or an approved alternative monitoring system in accordance with part 75 of this chapter. (b) Monitoring requirements for opt-in sources. The owner or operator of each opt-in source shall install, certify, operate, and maintain a continuous emission monitoring system, an excepted monitoring system, an approved alternative monitoring system in accordance with part 75 of this chapter. | ||||
| 40:40:18.0.1.1.3.6.1.2 | 40 | Protection of Environment | I | C | 74 | PART 74—SULFUR DIOXIDE OPT-INS | F | Subpart F—Monitoring Emissions: Combustion Sources | § 74.61 Monitoring plan. | EPA | (a) Monitoring plan. The designated representative of a combustion source shall meet all of the requirements specified under part 75 of this chapter for a designated representative of an affected unit to submit to the Administrator a monitoring plan that includes the information required in a monitoring plan under § 75.53 of this chapter. This monitoring plan shall be submitted as part of the combustion source's opt-in permit application under § 74.14 of this part. (b) [Reserved] |
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