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Electronic Code of Federal Regulations

e-CFR data is current as of December 5, 2019

Title 40Chapter ISubchapter CPart 97Subpart FFFFF → §97.904


Title 40: Protection of Environment
PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM
Subpart FFFFF—Texas SO2 Trading Program


§97.904   Applicability.

(a) Each of the units in Texas listed in the table in §97.911(a)(1) shall be a Texas SO2 Trading Program unit, and each source that includes one or more such units shall be a Texas SO2 Trading Program source, subject to the requirements of this subpart.

(b) Opt-in provisions. (1) The provisions of paragraph (b) of this section apply to each unit in Texas that:

(i) Is listed in the table entitled “Unit Level Allocations under the CSAPR FIPs after Tolling,” EPA-HQ-OAR-2009-0491-5028, available at www.regulations.gov;

(ii) Is not a Texas SO2 Trading Program unit under paragraph (a) of this section; and

(iii) Has not received a determination of non-applicability under 40 CFR 97.404(c), 97.504(c), 97.704(c), or 97.804(c).

(2) The designated representative of a unit described in paragraph (b)(1) of this section may submit an opt-in application seeking authorization for the unit to participate in the Texas SO2 Trading Program, provided that the unit has operated in the calendar year preceding submission of the opt-in application. Opt-in applications must be submitted in a format specified by the Administrator no later than October 1 of the year preceding the first control period for which authorization to participate in the Texas SO2 Trading Program is sought.

(3) The Administrator shall review applications for opt-in units and respond in writing to the designated representative within 30 business days. The Administrator will authorize the unit to participate in the Texas SO2 Trading Program if the provisions of paragraphs (b)(1) and (2) of this section are satisfied.

(4) Following submission of an opt-in application and authorization in accordance with paragraphs (b)(2) and (3) of this section, the unit shall be a Texas SO2 Trading Program unit, and the source that includes the unit shall be a Texas SO2 Trading Program source, subject to the requirements of this subpart starting on the next January 1. The unit shall remain subject to the requirements of this subpart for the life of the source, with the exception for retired units under §97.905.

(5) Opt-in units shall receive allowance allocations as provided in §97.911(b). These allocations shall be recorded into a source's compliance account per the recordation schedule in §97.921.

(6) The Administrator will maintain a publicly accessible record of all units that become Texas SO2 Trading Program units under paragraph (b) of this section and of all allocations of allowances to such units. Such public access may be provided through posting of information on a Web site.

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