(a) Notification. If a CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, then the CAIR designated representative shall notify in writing the permitting authority and the Administrator of such change in the CAIR NOX opt-in unit's regulatory status, within 30 days of such change.
(b) Permitting authority's and Administrator's actions. (1) If a CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, the permitting authority will revise the CAIR NOX opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit under Sec. 96.123, and remove the CAIR opt-in permit provisions, as of the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104.
(1) If a CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, the permitting authority will revise the CAIR NOX opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit under Sec. 96.123, and remove the CAIR opt-in permit provisions, as of the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104.
(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NOX opt-in unit that becomes a CAIR NOX unit under Sec. 96.104, CAIR NOX allowances equal in amount to and allocated for the same or a prior control period as:
(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NOX opt-in unit that becomes a CAIR NOX unit under Sec. 96.104, CAIR NOX allowances equal in amount to and allocated for the same or a prior control period as:
(A) Any CAIR NOX allowances allocated to the CAIR NOX opt-in unit under Sec. 96.188 for any control period after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104; and
(B) If the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104 is not December 31, the CAIR NOX allowances allocated to the CAIR NOX opt-in unit under Sec. 96.188 for the control period that includes the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104 divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate.
(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NOX opt-in unit that becomes a CAIR NOX unit under Sec. 96.104 contains the CAIR NOX allowances necessary for completion of the deduction under paragraph (b)(2)(i) of this section.
(3)(i) For every control period after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, the CAIR NOX opt-in unit will be allocated CAIR NOX allowances under Sec. 96.142.
(i) For every control period after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, the CAIR NOX opt-in unit will be allocated CAIR NOX allowances under Sec. 96.142.
(ii) If the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104 is not December 31, the following amount of CAIR NOX allowances will be allocated to the CAIR NOX opt-in unit (as a CAIR NOX unit) under Sec. 96.142 for the control period that includes the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104:
(A) The amount of CAIR NOX allowances otherwise allocated to the CAIR NOX opt-in unit (as a CAIR NOX unit) under Sec. 96.142 for the control period multiplied by;
(B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under Sec. 96.104, divided by the total number of days in the control period; and
(C) Rounded to the nearest whole allowance as appropriate. [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]