[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: 40CFR77.3]

[Page 464]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 77--EXCESS EMISSIONS--Table of Contents
 
Sec. 77.3  Offset plans for excess emissions of sulfur dioxide.

    (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 Sec. 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]