(a) Notwithstanding Sec. Sec. 97.141, 97.142, and 97.153 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with Sec. 51.123(p)(1) of this chapter providing for allocation of CAIR NOX allowances by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under Sec. Sec. 97.141 and 97.142 for the CAIR NOX units in the State, and under Sec. 97.153, the Administrator will record the allocations made under such approved State implementation plan revision instead of allocations made under Sec. Sec. 97.141 and 97.142.
(b) Notwithstanding Sec. 97.143, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with Sec. 51.123(p)(2) of this chapter providing for allocation of the State's compliance supplement pool by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under Sec. 97.143(d)(4) for the CAIR NOX units in the State, and under Sec. 97.143(d)(5), the Administrator will record the allocations of the State's compliance supplement pool made under such approved State implementation plan revision instead of allocations made under Sec. 97.143(d)(4).
(c)(1) In implementing paragraph (a) of this section and Sec. Sec. 97.141, 97.142, and 97.153, the Administrator will ensure that the total amount of CAIR NOX allowances allocated, under such provisions and under a State's State implementation plan revision approved in accordance with Sec. 51.123(p)(1) of this chapter, for a control period for CAIR NOX sources in the State or for other entities specified by the permitting authority will not exceed the State's State trading budget for the year of the control period.
(1) In implementing paragraph (a) of this section and Sec. Sec. 97.141, 97.142, and 97.153, the Administrator will ensure that the total amount of CAIR NOX allowances allocated, under such provisions and under a State's State implementation plan revision approved in accordance with Sec. 51.123(p)(1) of this chapter, for a control period for CAIR NOX sources in the State or for other entities specified by the permitting authority will not exceed the State's State trading budget for the year of the control period.
(2) In implementing paragraph (b) of this section and Sec. 97.143, the Administrator will ensure that the total amount of CAIR NOX allowances allocated, under such provisions and under a State's State implementation plan revision approved in accordance with Sec. 51.123(p)(2), for CAIR NOX sources in the State will not exceed the State's compliance supplement pool. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006]
Sec. Appendix A to Subpart EE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
1. The following States have State Implementation Plan revisions under Sec. 51.123(p)(1) of this chapter approved by the Administrator and providing for allocation of CAIR NOX allowances by the permitting authority under Sec. 97.144(a): IndianaLouisianaMichiganNew JerseyNorth CarolinaOhioSouth CarolinaTennesseeTexas (for control periods 2009-2014)West Virginia (for control periods 2009-2014)Wisconsin
2. The following States have State Implementation Plan revisions under Sec. 51.123(p)(2) of this chapter approved by the Administrator and providing for allocation of the Compliance Supplement Pool by the permitting authority under Sec. 97.144(b): IndianaMichiganNew JerseyOhioSouth CarolinaTexas [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 41459, July 30, 2007; 72 FR 46394, Aug. 20, 2007; 72 FR 52293, Sept. 13, 2007; 72 FR 55068, Sept. 28, 2007; 72 FR 55672, Oct. 1, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 58546, Oct. 16, 2007; 72 FR 59487, Oct. 22, 2007; 72 FR 71579, Dec. 18, 2007; 72 FR 72262, Dec. 20, 2007; 73 FR 6040, Feb. 1, 2008]
Subpart FF_CAIR NOX Allowance Tracking System Sec. 97.150 [Reserved]