(a)(1) The TR NOX Annual Trading Program provisions set forth in subpart AAAAA of part 97 of this chapter constitute the TR Federal Implementation Plan provisions that relate to annual emissions of nitrogen oxides (NOX).
(1) The TR NOX Annual Trading Program provisions set forth in subpart AAAAA of part 97 of this chapter constitute the TR Federal Implementation Plan provisions that relate to annual emissions of nitrogen oxides (NOX).
(2) The provisions of subpart AAAAA of part 97 of this chapter apply to the sources in the following States and Indian country located within the borders of such States: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
(3) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as TR NOX Annual allowance allocation provisions replacing the provisions in Sec. 97.411(a) of this chapter with regard to the State and the control period in 2016, a list of TR NOX Annual units and the amount of TR NOX Annual allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:
(i) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;
(ii) The total amount of TR NOX Annual allowance allocations on the list must not exceed the amount, under Sec. 97.410(a) of this chapter for the State and the control period in 2016, of TR NOX Annual trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;
(iii) The list must be submitted electronically in a format specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;
(v) Provided that:
(A) By October 17, 2011, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraph (a)(3)(i) through (iv) of this section by April 1, 2015; and
(B) The State must submit to the Administrator a complete SIP revision described in paragraph (a)(3)(v)(A) of this section by April 1, 2015.
(4) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart AAAAA of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:
(i) The State may adopt, as TR NOX Annual allowance allocation or auction provisions replacing the provisions in Sec. Sec. 97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions TR NOX Annual allowances, and may adopt, in addition to the definitions in Sec. 97.402 of this chapter, one or more definitions that shall apply only to terms as used in the adopted TR NOX Annual allowance allocation or auction provisions, if such methodology--
(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of TR NOX Annual allowances for any such control period not exceeding the amount, under Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such control period, of the TR NOX Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any TR NOX Annual allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Annual allowances for any such control period to any TR NOX Annual units covered by Sec. 97.411(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of TR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates: ------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX annual allowances are allocated or allocations or auction
auctioned results to administrator------------------------------------------------------------------------2017...................................... June 1, 2016.2018...................................... June 1, 2016.2019...................................... June 1, 2017.2020...................................... June 1, 2017.2021...................................... June 1, 2018.2022...................................... June 1, 2018.2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Annual allowances for any such control period to any TR NOX Annual units covered by Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of TR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;
(ii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (a)(4)(i) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (a)(4)(i)(B) and (C) of this section for the first control period for which the State wants to make allocations or hold an auction under paragraph (a)(4)(i) of this section.
(5) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting in whole or in part, as appropriate, the deficiency in the SIP that is the basis for the TR Federal Implementation Plan set forth in paragraphs (a)(1) through (4) of this section, regulations that are substantively identical to the provisions of the TR NOX Annual Trading Program set forth in Sec. Sec. 97.402 through 97.435 of this chapter, except that the SIP revision:
(i) May adopt, as TR NOX Annual allowance allocation or auction provisions replacing the provisions in Sec. Sec. 97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions TR NOX Annual allowances and that--
(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of TR NOX Annual allowances for any such control period not exceeding the amount, under Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such control period, of the TR NOX Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any TR NOX Annual allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Annual allowances for any such control period to any TR NOX Annual units covered by Sec. 97.411(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of TR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates: ------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX annual allowances are allocated or allocations or auction
auctioned results to administrator------------------------------------------------------------------------2017...................................... June 1, 2016.2018...................................... June 1, 2016.2019...................................... June 1, 2017.2020...................................... June 1, 2017.2021...................................... June 1, 2018.2022...................................... June 1, 2018.2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Annual allowances for any such control period to any TR NOX Annual units covered by Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of TR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;
(ii) May adopt, in addition to the definitions in Sec. 97.402 of this chapter, one or more definitions that shall apply only to terms as used in the TR NOX Annual allowance allocation or auction provisions adopted under paragraph (a)(5)(i) of this section;
(iii) May substitute the name of the State for the term ``State'' as used in subpart AAAAA of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in Sec. Sec. 97.402 through 97.435 of this chapter; and
(iv) Must not include any of the references to, or requirements imposed on, any unit in Indian country within the borders of the State in the provisions in Sec. Sec. 97.402 through 97.435 of this chapter and must not include the provisions in Sec. Sec. 97.411(b)(2) and 97.412(b), all of which provisions will continue to apply under the portion of the TR Federal Implementation Plan that is not replaced by the SIP revision;
(v) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in Sec. Sec. 97.402 (definitions of ``common designated representative'', ``common designated representative's assurance level'', and ``common designated representative's share''), 97.406(c)(2), 97.425, and the portions of other provisions referencing these sections and may modify the portion of the TR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;
(vi) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (a)(5)(i) through (iv) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (a)(5)(i)(B) and (C) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraphs (a)(5)(i) and (ii) of this section.
(6) Following promulgation of an approval by the Administrator of a State's SIP revision as correcting in whole or in part, as appropriate, the SIP's deficiency that is the basis for the TR Federal Implementation Plan described in paragraphs (a)(1) through (5) of this section, the provisions of paragraph (a)(2) of this section will no longer apply to the sources in the State, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in any Indian country within the borders of the State.
(7) Notwithstanding the provisions of paragraph (a)(6) of this section, if, at the time of such approval of the State's SIP revision, the Administrator has already started recording any allocations of TR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in a State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.
(b)(1) The TR NOX Ozone Season Trading Program provisions set forth in part 97 of this chapter constitute the TR Federal Implementation Plan provisions that relate to emissions of NOX during the ozone season, defined as May 1 through September 30 of a calendar year.
(1) The TR NOX Ozone Season Trading Program provisions set forth in part 97 of this chapter constitute the TR Federal Implementation Plan provisions that relate to emissions of NOX during the ozone season, defined as May 1 through September 30 of a calendar year.
(2) The provisions of subpart BBBBB of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
(3) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as TR NOX Ozone Season allowance allocation provisions replacing the provisions in Sec. 97.511(a) of this chapter with regard to the State and the control period in 2016, a list of TR NOX Ozone Season units and the amount of TR NOX Ozone Season allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:
(i) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;
(ii) The total amount of TR NOX Ozone Season allowance allocations on the list must not exceed the amount, under Sec. 97.510(a) of this chapter for the State and the control period in 2016, of TR NOX Ozone Season trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;
(iii) The list must be submitted electronically in a format specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;
(v) Provided that:
(A) By October 17, 2011 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 6, 2015, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraph (b)(3)(i) through (iv) of this section by April 1, 2015 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015; and
(B) The State must submit to the Administrator a complete SIP revision described in paragraph (b)(3)(v)(A) of this section by April 1, 2015 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015.
(4) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart BBBBB of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:
(i) The State may adopt, as applicability provisions replacing the provisions in Sec. Sec. 97.504(a)(1) and (2) of this chapter, provisions substantively identical to those provisions, except that the words ``more than 25 MWe'' are replaced, whenever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words ``more than 25 MWe'' and is not less than the amount specified by the words ``15 MWe or more''; or
(ii) The State may adopt, as TR NOX Ozone Season allowance allocation or auction provisions replacing the provisions in Sec. Sec. 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions TR NOX Ozone Season allowances, and may adopt, in addition to the definitions in Sec. 97.502 of this chapter, one or more definitions that shall apply only to terms as used in the adopted TR NOX Ozone Season allowance allocation or auction provisions, if such methodology--
(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of TR NOX Ozone Season allowances for any such control period not exceeding the amount, under Sec. Sec. 97.510(a) and 97.521 of this chapter for the State and such control period, of the TR NOX Ozone Season trading budget minus the sum of the Indian country new unit set-aside and the amount of any TR NOX Ozone Season allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Ozone Season allowances for any such control period to any TR NOX Ozone Season units covered by Sec. 97.511(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of TR NOX Ozone Season allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates: ------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX Ozone Season allowances are allocated allocations or auction
or auctioned results to administrator------------------------------------------------------------------------2017...................................... June 1, 2016.2018...................................... June 1, 2016.2019...................................... June 1, 2017.2020...................................... June 1, 2017.2021...................................... June 1, 2018.2022...................................... June 1, 2018.2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Ozone Season allowances for any such control period to any TR NOX Ozone Season units covered by Sec. Sec. 97.511(b)(1) and 97.512(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of TR NOX Ozone Season allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;
(iii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(4)(i) or (ii) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (b)(4)(ii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraph (b)(4)(i) or (ii) of this section.
(5) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting in whole or in part, as appropriate, the deficiency in the SIP that is the basis for the TR Federal Implementation Plan set forth in paragraphs (b)(1) through (4) of this section, regulations that are substantively identical to the provisions of the TR NOX Ozone Season Trading Program set forth in Sec. Sec. 97.502 through 97.535 of this chapter, except that the SIP revision:
(i) May adopt, as applicability provisions replacing the provisions in Sec. Sec. 97.504(a)(1) and (2) of this chapter, provisions substantively identical to those provisions, except that the words ``more than 25 MWe'' are replaced, whenever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words ``more than 25 MWe'' and is not less than the amount specified by the words ``15 MWe or more''; or
(ii) May adopt, as TR NOX Ozone Season allowance allocation provisions replacing the provisions in Sec. Sec. 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the control period in 2017 and any subsequent year, any methodology under which the State or the permitting authority allocates auctions TR NOX Ozone Season allowances and that--
(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of TR NOX Ozone Season allowances for any such control period not exceeding the amount, under Sec. Sec. 97.510(a) and 97.521 of this chapter for the State and such control period, of the TR NOX Ozone Season trading budget minus the sum of the Indian country new unit set-aside and the amount of any TR NOX Ozone Season allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for allocations or auction of TR NOX Ozone Season allowances for any such control period to any TR NOX Ozone Season units covered by Sec. 97.511(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of TR NOX Ozone Season allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates: ------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX Ozone Season allowances are allocated allocations or auction
or auctioned results to administrator------------------------------------------------------------------------2017...................................... June 1, 2016.2018...................................... June 1, 2016.2019...................................... June 1, 2017.2020...................................... June 1, 2017.2021...................................... June 1, 2018.2022...................................... June 1, 2018.2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for allocations or auctions of TR NOX Ozone Season allowances for any control period to any TR NOX Ozone Season units covered by Sec. Sec. 97.511(b)(1) and 97.512(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of TR NOX Ozone Season allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;
(iii) May adopt in addition to the definitions in Sec. 97.502 of this chapter, one or more definitions that shall apply only to terms as used in the TR NOX Ozone Season allowance allocation or auction provisions adopted under paragraph (b)(5)(ii) of this section;
(iv) May substitute the name of the State for the term ``State'' as used in subpart BBBBB of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in Sec. Sec. 97.502 through 97.535 of this chapter; and
(v) Must not include any of the references to, or requirements imposed on, any unit in Indian country within the borders of the State in the provisions in Sec. Sec. 97.502 through 97.535 of this chapter and must not include the provisions in Sec. Sec. 97.511(b)(2) and 97.512(b), all of which provisions will continue to apply under the portion of the TR Federal Implementation Plan that is not replaced by the SIP revision;
(vi) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in Sec. Sec. 97.502 (definitions of ``common designated representative'', ``common designated representative's assurance level'', and ``common designated representative's share''), 97.506(c)(2), 97.525, and the portions of other provisions referencing these sections and may modify the portion of the TR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;
(vii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(5)(i) through (v) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (5)(ii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraphs (b)(5)(ii) and (iii) of this section.
(6) Following promulgation of an approval by the Administrator of a State's SIP revision as correcting in whole or in part, as appropriate, the SIP's deficiency that is the basis for the TR Federal Implementation Plan set forth in paragraphs (b)(1) through (5) of this section, the provisions of paragraph (b)(2) of this section will no longer apply to sources in the State, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in any Indian country within the borders of the State.
(7) Notwithstanding the provisions of paragraph (b)(6) of this section, if, at the time of such approval of the State's SIP revision, the Administrator has already started recording any allocations of TR NOX Ozone Season allowances under subpart BBBBB of part 97 of this chapter to units in a State for a control period in any year, the provisions of subpart BBBBB of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Ozone Season allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision. [76 FR 48354, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011; 79 FR 71671, Dec. 3, 2014]