Starting in 2008 for sulfur dioxide and nitrogen oxides and in 2010 for mercury , the owner or operator of a facility that fails to hold allowances covering the annual emissions of its affected units is treated as having excess emissions .
If the owner or operator of a facility , starting in 2008 for sulfur dioxide and nitrogen oxides and in 2010 for mercury , fails to hold allowances covering the annual emissions of its affected units , then he is treated as having excess emissions .