Code of Federal Regulations Title 40. Protection of Environment § 40.97.88 NO X allowance allocations to opt-in units

(1) By April 1 immediately before the first control period for which the NO_X Budget opt-in permit is effective, the Administrator will determine by order the NO_X allowance allocations for the NO_X Budget opt-in unit for the control period in accordance with paragraph (b) of this section.

(2) By no later than April 1, after the first control period for which the NO_X Budget opt-in permit is in effect, and April 1 of each year thereafter, the Administrator will determine by order the NO_X allowance allocations for the NO_X Budget opt-in unit for the next control period, in accordance with paragraph (b) of this section.

(3) The Administrator will make available to the public each determination of NO_X allowance allocations under paragraph (a)(1) or (2) of this section and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with paragraph (b) of this section. Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with paragraph (b) of this section.

(1) The heat input (in mmBtu) used for calculating NO_X allowance allocations will be the lesser of:

(2) The Administrator will allocate NO_X allowances to the unit in an amount equaling the heat input determined under paragraph (b)(1) of this section multiplied by the lesser of the unit's baseline NO_X emissions rate determined under § 97.84(c) or the most stringent State or federal NO_X emissions limitation applicable to the unit during the control period, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO_X allowances as appropriate.