[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR73.90]

[Page 175-176]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 73_SULFUR DIOXIDE ALLOWANCE SYSTEM--Table of Contents
 
                    Subpart G_Small Diesel Refineries
 
Sec. 73.90  Allowance allocations for small diesel refineries.


    (a) Initial certification of eligibility. The certifying official of 
a refinery that seeks allowances under this section shall apply for 
certification of its facility eligibility prior to or accompanying a 
request for allowances under paragraph (d) of this section. A completed 
application for certification, submitted to the address in Sec. 73.13 
of this chapter, shall include the following:
    (1) Photocopies of Form EIA-810 for each month of calendar years 
1988 through 1990 for the refinery;
    (2) Photocopies of Form EIA-810 for each month of calendar years 
1988 through 1990 for each refinery owned or controlled by the refiner 
that owns or controls the refinery seeking certification; and
    (3) A letter certified by the certifying official that the submitted 
photocopies are exact duplicates of those forms filed with the 
Department of Energy for 1988 through 1990.
    (b) Request for allowances. (1) In addition to the application for 
certification, prior to, or accompanying, the request for allowances, 
the certifying official for the refinery shall submit an Allowance 
Tracking System New Account/New Authorized Account Representative Form.
    (2) The request for allowances shall be submitted to the address in 
Sec. 72.13 and shall include the following information:
    (i) Certification that all motor fuel produced by the refinery for 
which allowances are claimed meets the requirements of subsection 211(i) 
of the Clean Air Act;
    (ii) For calendar year 1993 desulfurized diesel fuel, photocopies of

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Form 810 for October, November and December 1993;
    (iii) For calendar years 1994 through 1999, inclusive, photocopies 
of Form 810 for each month in the respective calendar year.
    (3) For joint ventures, each eligible refinery shall submit a 
separate application under paragraph (b)(2) of this section. Each 
application must include the diesel fuel throughput applicable to the 
joint agreement and the requested distribution of allowances that would 
be allocated to the joint agreement. If the applications for refineries 
involved in the joint agreement are inconsistent as to the throughput of 
diesel fuel applicable to the joint agreement or as to the distribution 
of the allowances, all involved applications will be considered void for 
purposes of the joint agreement.
    (4) The certifying official shall submit all requests for allowances 
by April 1 of the calendar year following the year in which the diesel 
fuel was desulfurized to the Director, Acid Rain Division, under the 
procedures set forth in Sec. 73.13 of this part.
    (c) Allowance allocation. The Administrator will allocate allowances 
to the eligible refinery upon satisfactory submittal of information 
under paragraphs (a) and (b) of this section in the amount calculated 
according to the following equations. Such allowances will be allocated 
to the refinery's non-unit subaccount for the calendar year in which the 
application is made.
    (1) Allowances allocated under this section to any eligible refinery 
will be limited to the tons of SO2 attributable to the 
desulfurization of diesel fuel at the refinery. (2) The refinery will be 
allocated allowances for a calendar year and, in the case of 1993, for 
the period October 1 through December 31, calculated according to the 
following equation, but not to exceed 1500 for any calendar year:
[GRAPHIC] [TIFF OMITTED] TC01SE92.092

where:

a = diesel fuel in barrels for the year (or for October 1 through 
December 31 for 1993)
b = lbs per barrel of diesel
c = lbs of sulfur per lbs of diesel
d = lbs of SO2 per lbs of sulfur
e = lbs per short ton

    (3) If applications for a given year request, in the aggregate, more 
than 35,000 allowances, the Administrator will allocate allowances to 
each refinery in the amount equal to the lesser of 1500 or:
[GRAPHIC] [TIFF OMITTED] TR24OC97.000


[58 FR 15716, Mar. 23, 1993; 58 FR 33770, June 21, 1993; 62 FR 55486, 
Oct. 24, 1997]

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