---
kind: "section"
citation: "40 C.F.R. § 73.19"
title: "40"
number: "73.19"
heading: "Certain units with declining SO 2 rates."
url: "https://uscodex.org/cfr/40/73.19"
---

# §73.19. Certain units with declining SO 2 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 SO2 emissions rate was equal to or greater than 1.2 lb/mmBtu;
  - (4) Its 1990 actual SO2 emissions rate is at least 50 percent less than the lesser of its 1980 actual or allowable SO2 emissions rate;
  - (5) Its actual SO2 emission rate is less than 1.2 lb/mmBtu in any one calendar year from 1996 through 1999, as reported under [part 75](/cfr/40/part75.md) 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 SO2 emissions rate declined 40 percent or more from 1980 to 1988.
- (b) [Reserved]

## Notes

### Amendments

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

### Source

Source: 58 FR 3687, Jan. 11, 1993, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7601 and 7651 et seq.

### Amendments

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