[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR76.1]

[Page 439]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 76--ACID RAIN NITROGEN OXIDES EMISSION REDUCTION PROGRAM--Table of Contents
 
Sec. 76.1  Applicability.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, the provisions apply to each coal-fired utility unit that is 
subject to an Acid Rain emissions limitation or reduction requirement 
for SO2 under Phase I or Phase II pursuant to sections 404, 
405, or 409 of the Act.
    (b) The emission limitations for NOX under this part 
apply to each affected coal-fired utility unit subject to section 404(d) 
or 409(b) of the Act on the date the unit is required to meet the Acid 
Rain emissions reduction requirement for SO2.
    (c) The provisions of this part apply to each coal-fired 
substitution unit or compensating unit, designated and approved as a 
Phase I unit pursuant to Sec. 72.41 or Sec. 72.43 of this chapter as 
follows:
    (1) A coal-fired substitution unit that is designated in a 
substitution plan that is approved and active as of January 1, 1995 
shall be treated as a Phase I coal-fired utility unit for purposes of 
this part. In the event the designation of such unit as a substitution 
unit is terminated after December 31, 1995, pursuant to Sec. 72.41 of 
this chapter and the unit is no longer required to meet Phase I 
SO2 emissions limitations, the provisions of this part 
(including those applicable in Phase I) will continue to apply.
    (2) A coal-fired substitution unit that is designated in a 
substitution plan that is not approved or not active as of January 1, 
1995, or a coal-fired compensating unit, shall be treated as a Phase II 
coal-fired utility unit for purposes of this part.
    (d) The provisions of this part for Phase I units apply to each 
coal-fired transfer unit governed by a Phase I extension plan, approved 
pursuant to Sec. 72.42 of this chapter, on January 1, 1997. 
Notwithstanding the preceding sentence, a coal-fired transfer unit shall 
be subject to the Acid Rain emissions limitations for nitrogen oxides 
beginning on January 1, 1996 if, for that year, a transfer unit is 
allocated fewer Phase I extension reserve allowances than the maximum 
amount that the designated representative could have requested in 
accordance with Sec. 72.42(c)(5) of this chapter (as adjusted under 
Sec. 72.42(d) of this chapter) unless the transfer unit is the last unit 
allocated Phase I extension reserve allowances under the plan.