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e-CFR data is current as of September 24, 2020

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 Table 1 to this paragraph (a)(1):

Table 1 to Paragraph (a)(1)—Texas SO2 Trading Program Allocations

Texas SO2 trading program unitsORIS codeTexas SO2
trading
program
allocation
(tons)
Affiliated
ownership group
Big Brown Unit 134978,473Vistra Energy..
Big Brown Unit 234978,559Vistra Energy.
Coleto Creek Unit 161789,057Vistra Energy.
Fayette (Sam Seymour) Unit 161797,979Lower Colorado River Authority/City of Austin.
Fayette (Sam Seymour) Unit 261798,019Lower Colorado River Authority/City of Austin.
Graham Unit 23490226Vistra Energy.
HW Pirkey Unit 179028,882American Electric Power.
Harrington Unit 061B61935,361Xcel Energy.
Harrington Unit 062B61935,255Xcel Energy.
Harrington Unit 063B61935,055Xcel Energy.
JT Deely Unit 161816,170City of San Antonio.
JT Deely Unit 261816,082City of San Antonio.
Limestone Unit 129812,081NRG Energy.
Limestone Unit 229812,293NRG Energy.
Martin Lake Unit 1614612,024Vistra Energy.
Martin Lake Unit 2614611,580Vistra Energy.
Martin Lake Unit 3614612,236Vistra Energy.
Monticello Unit 161478,598Vistra Energy.
Monticello Unit 261478,795Vistra Energy.
Monticello Unit 3614712,216Vistra Energy.
Newman Unit 234561El Paso Electric.
Newman Unit 334561El Paso Electric.
Newman Unit **434562El Paso Electric.
Newman Unit **534562El Paso Electric.
Sandow Unit 466488,370Vistra Energy.
Sommers Unit 1361155City of San Antonio.
Sommers Unit 236117City of San Antonio.
Stryker Unit ST23504145Vistra Energy.
Tolk Unit 171B61946,900Xcel Energy.
Tolk Unit 172B61947,062Xcel Energy.
WA Parish Unit WAP434703NRG Energy.
WA Parish Unit WAP534709,580NRG Energy.
WA Parish Unit WAP634708,900NRG Energy.
WA Parish Unit WAP734707,653NRG Energy.
Welsh Unit 161396,496American Electric Power.
Welsh Unit 261397,050American Electric Power.
Welsh Unit 361397,208American Electric Power.
Wilkes Unit 1347814American Electric Power.
Wilkes Unit 234782American Electric Power.
Wilkes Unit 334783American Electric Power.

(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 transferred to the Supplemental Allowance Pool for potential allocation in accordance with §97.912.

(b) [Reserved]

(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) 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, the Administrator will transfer such Texas SO2 Trading Program allowances to the Supplemental Allowance Pool for potential allocation in accordance with §97.912.

[82 FR 48364, Oct. 17, 2017, as amended at 82 FR 50580, Nov. 1, 2017; 85 FR 49216, Aug. 12, 2020]

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