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Code of Federal Regulations Title 40. Protection of Environment § 40.77.3 Offset plans for excess emissions of sulfur dioxide

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Applicability. The owners and operators of any affected source 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 source's compliance account.

(b) Deadline. Not later than 60 days after the end of any calendar year during which an affected source 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 source 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 source 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 source and for the calendar year for which the plan is submitted:

(1) Identification of the source.

(2) If the source 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 source's compliance account's 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 source's compliance account's.

(5) A statement either that allowances to offset the excess emissions are to be deducted immediately from the source's compliance account 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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.77.3 Offset plans for excess emissions of sulfur dioxide - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-77-3/

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