---
kind: "section"
citation: "40 C.F.R. § 74.40"
title: "40"
number: "74.40"
heading: "Establishment of opt-in source allowance accounts."
url: "https://uscodex.org/cfr/40/74.40"
---

# §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)](#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)](/cfr/40/74.4.md?p=c), a different designated representative than the designated representative for the source) and allocate allowances in accordance with [subpart C](/cfr/40/subpartC.md) of this part for combustion sources or [subpart D](/cfr/40/subpartD.md) 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)](/cfr/40/74.14.md?p=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)](/cfr/40/74.4.md?p=c), a different designated representative than the designated representative for the source)to the Administrator.

## Notes

### Amendments

[60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25336, May 12, 2005]

### Authority

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

### Source

Source: 60 FR 17115, Apr. 4, 1995, unless otherwise noted.

### Amendments

[60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25336, May 12, 2005]