40 CFR § 73.19 - Certain units with declining SO rates.

---
identifier: "/us/cfr/t40/s73.19"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 73.19 - Certain units with declining SO rates."
title_number: 40
title_name: "Protection of Environment"
section_number: "73.19"
section_name: "Certain units with declining SO rates."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "73"
part_name: "SULFUR DIOXIDE ALLOWANCE SYSTEM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7601 and 7651"
cfr_part: "73"
---


# 73.19 Certain units with declining SO rates.

(a) *Eligibility.* A unit is eligible for allowance allocations under this section if it meets the following requirements:

(1) It is an existing unit that is a utility unit;

(2) It serves a generator with nameplate capacity equal to or greater than 75 MWe;

(3) Its 1985 actual SO<sub>2</sub> emissions rate was equal to or greater than 1.2 lb/mmBtu;

(4) Its 1990 actual SO<sub>2</sub> emissions rate is at least 50 percent less than the lesser of its 1980 actual or allowable SO<sub>2</sub> emissions rate;

(5) Its actual SO<sub>2</sub> emission rate is less than 1.2 lb/mmBtu in any one calendar year from 1996 through 1999, as reported under part 75 of this chapter;

(6) It commenced commercial operation after January 1, 1970;

(7) It is part of a utility system whose combined commercial and industrial kilowatt-hour sales increased more than 20 percent between calendar years 1980 and 1990; and

(8) It is part of a utility system whose company-wide fossil-fuel SO<sub>2</sub> emissions rate declined 40 percent or more from 1980 to 1988.

(b) [Reserved]

[58 FR 15710, Mar. 23, 1993, as amended at 63 FR 51765, Sept. 28, 1998]