189 first year partial baseline = fuel consumption for

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Environmental Protection Agency (ii) The number of allowances for the year that includes the effective date of § 74.28 the promulgated SO2 emissions limit and for each year thereafter equals: baseline     × the lesser of or alternative baseline   Allowances = the actual SO 2 emissions rate     or  the 1985 allowable SO emissions rate  2   or   the current promulgated SO 2 emissions rate  2000 [60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998] § 74.28 Allowance allocation for combustion sources becoming opt-in sources on a date other than January 1. (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 =  first year partial baseline  × annual allocation of allowances for the first year  baseline or alternative baseline  (1) For combustion sources that commenced operations before January 1, 1985, 1987 Year=1985 ∑ fuel consumption for remaining calendar quarters 3 first year partial baseline = (2) For combustion sources that commenced operations after January 1, 1985, first year partial baseline = First 3 consecutive years ∑ fuel consumption for the remaining calendar quarters 3 (3) Under paragraphs (b) (1) and (2) of this section, (i) ‘‘Remaining calendar quarters’’ shall be the calendar quarters in the 189 VerDate Aug<31>2005 00:10 Aug 15, 2006 Jkt 208156 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:\SGML\208156.XXX 208156 ER04AP95.009 ER04AP95.010 ER04AP95.011 ER04AP95.012 § 74.40 first year for which the opt-in permit will be effective. 40 CFR Ch. I (7–1–06 Edition) (ii) Fuel consumption for remaining calendar quarters = Dec months = Apr ., Jul., or Oct. ∑ ⋅ Fuel Types ∑ quantity of fuel consumed × heat content × unit conversion 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. resentative for the source)to the Administrator. [60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25336, May 12, 2005] § 74.41 Identifying allowances. Subpart D—Allowance Calculations for Process Sources [Reserved] Subpart E—Allowance Tracking and Transfer and End of Year Compliance § 74.40 Establishment of opt-in source allowance accounts. (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 rep- (a) Identifying allowances. Allowances allocated to an opt-in source will be assigned a serial number that identifies them as being allocated under an optin 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. § 74.42 Limitation on transfers. (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 190 ER04AP95.013 VerDate Aug<31>2005 00:10 Aug 15, 2006 Jkt 208156 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:\SGML\208156.XXX 208156

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