---
kind: "section"
citation: "40 C.F.R. § 76.1"
title: "40"
number: "76.1"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/76.1"
---

# §76.1. Applicability.

- (a) Except as provided in [paragraphs (b) through (d)](#b..d) of this section, the provisions apply to each coal-fired utility unit that is subject to an Acid Rain emissions limitation or reduction requirement for SO2 under Phase I or Phase II pursuant to sections [404](/cfr/40/404.md), [405](/cfr/40/405.md), or [409](/cfr/40/409.md) of the Act.
- (b) The emission limitations for NOX under this part apply to each affected coal-fired utility unit subject to section 404(d) or 409(b) of the Act on the date the unit is required to meet the Acid Rain emissions reduction requirement for SO2.
- (c) The provisions of this part apply to each coal-fired substitution unit or compensating unit, designated and approved as a Phase I unit pursuant to [§ 72.41](/cfr/40/72.41.md) or [§ 72.43](/cfr/40/72.43.md) of this chapter as follows:
  - (1) A coal-fired substitution unit that is designated in a substitution plan that is approved and active as of January 1, 1995 shall be treated as a Phase I coal-fired utility unit for purposes of this part. In the event the designation of such unit as a substitution unit is terminated after December 31, 1995, pursuant to [§ 72.41](/cfr/40/72.41.md) of this chapter and the unit is no longer required to meet Phase I SO2 emissions limitations, the provisions of this part (including those applicable in Phase I) will continue to apply.
  - (2) A coal-fired substitution unit that is designated in a substitution plan that is not approved or not active as of January 1, 1995, or a coal-fired compensating unit, shall be treated as a Phase II coal-fired utility unit for purposes of this part.
- (d) The provisions of this part for Phase I units apply to each coal-fired transfer unit governed by a Phase I extension plan, approved pursuant to [§ 72.42](/cfr/40/72.42.md) of this chapter, on January 1, 1997. Notwithstanding the preceding sentence, a coal-fired transfer unit shall be subject to the Acid Rain emissions limitations for nitrogen oxides beginning on January 1, 1996 if, for that year, a transfer unit is allocated fewer Phase I extension reserve allowances than the maximum amount that the designated representative could have requested in accordance with [§ 72.42(c)(5)](/cfr/40/72.42.md?p=c-5) of this chapter (as adjusted under [§ 72.42(d)](/cfr/40/72.42.md?p=d) of this chapter) unless the transfer unit is the last unit allocated Phase I extension reserve allowances under the plan.

## Notes

### Authority

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

### Source

Source: 60 FR 18761, Apr. 13, 1995, unless otherwise noted.