(a) Notwithstanding Sec. Sec. 97.341, 97.342, and 97.353 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with Sec. 51.123(ee)(2) of this chapter providing for allocation of CAIR NOX Ozone Season 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. 97.341 and 97.342 for the CAIR NOX Ozone Season units in the State, and under Sec. 97.353, the Administrator will record allocations made under such approved State implementation plan revision instead of allocations under Sec. Sec. 97.341 and 97.342.
(b) In implementing paragraph (a) of this section and Sec. Sec. 97.341, 97.342, and 97.353, the Administrator will ensure that the total amount of CAIR NOX Ozone Season allowances allocated, under such provisions and under a State's State implementation plan revision approved in accordance with Sec. 51.123(ee)(2) of this chapter, for a control period for CAIR NOX Ozone Season 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.
Sec. Appendix A to Subpart EEEE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations
The following States have State Implementation Plan revisions under Sec. 51.123(ee)(2) of this chapter approved by the Administrator and providing for allocation of CAIR NOX Ozone Season allowances by the permitting authority under Sec. 97.343(a): IndianaLouisianaMichiganNew JerseyNorth CarolinaOhioSouth CarolinaTennesseeWest Virginia (for control periods 2009-2014)Wisconsin [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 46394, Aug. 20, 2007; 72 FR 52293, Sept. 13, 2007; 72 FR 55068, Sept. 28, 2007; 72 FR 55659, 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 72263, Dec. 20, 2007; 73 FR 6041, Feb. 1, 2008]
Subpart FFFF_CAIR NOX Ozone Season Allowance Tracking System Sec. 97.350 [Reserved]