---
kind: "section"
citation: "40 C.F.R. § 52.441"
title: "40"
number: "52.441"
heading: "Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?"
url: "https://uscodex.org/cfr/40/52.441"
---

# §52.441. Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

- (a) The owner and operator of each SO2 source located within the State of Delaware and for which requirements are set forth under the Federal CAIR SO2 Trading Program in subparts [AAA](/cfr/40/part97-subpartAAA.md) through [III](/cfr/40/part97-subpartIII.md) of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in [part 97](/cfr/40/part97.md) of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the Delaware State Implementation Plan as meeting the requirements of CAIR for PM2.5 relating to SO2 under [§ 51.124](/cfr/40/51.124.md) of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under [§ 51.124(r)](/cfr/40/51.124.md?p=r) of this chapter.
- (b) Notwithstanding any provisions of [paragraph (a)](#a) of this section and subparts [AAA](/cfr/40/part97-subpartAAA.md) through [III](/cfr/40/part97-subpartIII.md) of part 97 of this chapter and any State's SIP to the contrary:
  - (1) With regard to any control period that begins after December 31, 2014,
    - (i) The provisions of [paragraph (a)](#a) of this section relating to SO2 emissions shall not be applicable; and
    - (ii) The Administrator will not carry out any of the functions set forth for the Administrator in subparts [AAA](/cfr/40/part97-subpartAAA.md) through [III](/cfr/40/part97-subpartIII.md) of part 97 of this chapter; and
  - (2) The Administrator will not deduct for excess emissions any CAIR SO2 allowances allocated for 2015 or any year thereafter.

## Notes

### Amendments

[72 FR 62345, Nov. 2, 2007, as amended at 76 FR 48362, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014]

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Amendments

[40 FR 5521, Feb. 6, 1975]

### Amendments

[72 FR 62345, Nov. 2, 2007, as amended at 76 FR 48362, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014]