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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 → §97.911


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


§97.911   Texas SO2 Trading Program allowance allocations.

(a)(1) Except as provided in paragraph (a)(2) of this section, Texas SO2 Trading Program allowances from the Texas SO2 Trading Program budget will be allocated, for the control periods in 2019 and each year thereafter, as provided in the following table:

Texas SO2 trading program unitsORIS codeTexas SO2
trading
program
allocation
Big Brown Unit 134978,473
Big Brown Unit 234978,559
Coleto Creek Unit 161789,057
Fayette/Sam Seymour Unit 161797,979
Fayette/Sam Seymour Unit 261798,019
Graham Unit 23490226
H W Pirkey Power Plant Unit 179028,882
Harrington Unit 061B61935,361
Harrington Unit 062B61935,255
Harrington Unit 063B61935,055
JT Deely Unit 161816,170
JT Deely Unit 261816,082
Limestone Unit 129812,081
Limestone Unit 229812,293
Martin Lake Unit 1614612,024
Martin Lake Unit 2614611,580
Martin Lake Unit 3614612,236
Monticello Unit 161478,598
Monticello Unit 261478,795
Monticello Unit 3614712,216
Newman Unit 234561
Newman Unit 334561
Newman Unit 434562
Sandow Unit 466488,370
Sommers Unit 1361155
Sommers Unit 236117
Stryker Unit ST23504145
Tolk Station Unit 171B61946,900
Tolk Station Unit 172B61947,062
WA Parish Unit WAP434703
WA Parish Unit WAP534709,580
WA Parish Unit WAP634708,900
WA Parish Unit WAP734707,653
Welsh Power Plant Unit 161396,496
Welsh Power Plant Unit 261397,050
Welsh Power Plant Unit 361397,208
Wilkes Unit 1347814
Wilkes Unit 234782
Wilkes Unit 334783

(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation pursuant to the table in paragraph (a)(1) of this section does not operate, starting after 2018, during the control period in two consecutive years, such unit will not be allocated the Texas SO2 Trading Program allowances provided in paragraph (a)(1) of this section for the unit for the control periods in the fifth year after the first such year and in each year after that fifth year. All Texas SO2 Trading Program allowances that would otherwise have been allocated to such unit will be allocated under the Texas Supplemental Allowance Pool under 40 CFR 97.912.

(b)(1) A unit that becomes a Texas SO2 Trading Program unit pursuant to §97.904(b) will receive an allocation of Texas SO2 Trading Program allowances equal to the SO2 allocation shown for the unit in the table referenced in §97.904(b)(1) (ignoring the years shown in the column headings in the table) for the control period in each year while the unit is a Texas SO2 Trading Program unit, provided that the unit has operated during the calendar year immediately preceding the year of each such control period.

(2) If a unit that becomes a Texas SO2 Trading Program unit pursuant to §97.904(b) does not operate during a given calendar year, no Texas SO2 Trading Program allowances will be allocated to that unit for the control period in the following year or any subsequent year, nor will any allowances that would otherwise have been allocated to such unit under paragraph (b)(1) of this section be made available for use by any other unit under the Texas Supplemental Allowance Pool or otherwise.

(c) Units incorrectly allocated Texas SO2 Trading Program allowances. (1) For each control period in 2019 and thereafter, if the Administrator determines that Texas SO2 Trading Program allowances were incorrectly allocated under paragraph (a) or (b) of this section, or under a provision of a SIP revision approved by the Administrator, then the Administrator will notify the designated representative of the recipient and will act in accordance with the procedures set forth in paragraphs (c)(2) through (5) of this section:

(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such Texas SO2 Trading Program allowances under §97.921.

(3) If the Administrator already recorded such Texas SO2 Trading Program allowances under §97.921 and if the Administrator makes the determination under paragraph (c)(1) of this section before making deductions for the source that includes such recipient under §97.924(b) for such control period, then the Administrator will deduct from the account in which such Texas SO2 Trading Program allowances were recorded an amount of Texas SO2 Trading Program allowances allocated for the same or a prior control period equal to the amount of such already recorded Texas SO2 Trading Program allowances. The authorized account representative shall ensure that there are sufficient Texas SO2 Trading Program allowances in such account for completion of the deduction.

(4) If the Administrator already recorded such Texas SO2 Trading Program allowances under §97.921 and if the Administrator makes the determination under paragraph (c)(1) of this section after making deductions for the source that includes such recipient under §97.924(b) for such control period, then the Administrator will not make any deduction to take account of such already recorded Texas SO2 Trading Program allowances.

(5) With regard to the Texas SO2 Trading Program allowances that are not recorded, or that are deducted as an incorrect allocation, in accordance with paragraphs (c)(2) and (3) of this section for a recipient under paragraph (a) of this section, the Administrator will transfer such Texas SO2 Trading Program allowances to the Texas Supplemental Allowance Pool under 40 CFR 97.912. With regard to the Texas SO2 Trading Program allowances that are not recorded, or that are deducted as an incorrect allocation, in accordance with paragraphs (c)(2) and (3) of this section for a recipient under paragraph (b) of this section, the Administrator will retire such Texas SO2 Trading Program allowances.

[82 FR 48364, Oct. 17, 2017, as amended at 82 FR 50580, Nov. 1, 2017]

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