Adjustments to nitrogen oxides emission allowances
 21. (1) On or before October 1 of the fifth year after the year in which the Director gives notice to the operator of the Registry in respect of a facility under subsection 20 (1) or (2), the Director shall determine in accordance with this section whether an adjustment to the amount of nitrogen oxides emission allowances set out in the notice is required.  O. Reg. 194/05, s. 21 (1). (2) If the notice given under subsection 20 (1) or (2) was given as a result of an application made under section 15, an adjustment shall be made if the Director determines that the quotient of the following calculation is less than .75: A ÷ B where, A =   the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 20 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 15 (6) in the application made under section 15 in respect of the facility. O. Reg. 194/05, s. 21 (2). (3) If the number determined in accordance with subsection (2) is less than .75, the Director shall determine the following: (1 – A ÷ B) × D where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 20 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 15 (6) in the application made under section 15 in respect of the facility, D = the amount of nitrogen oxides emission allowances set out in the notice given by the Director to the operator of the Registry in respect of the facility under subsection 20 (1) or (2), as the case may be. O. Reg. 194/05, s. 21 (3). (4) If the notice given under subsection 20 (1) or (2) was given as a result of an application made under section 16, an adjustment shall be made if the Director determines that the quotient of the following calculation is less than .75: (A – C) ÷ (B – C) where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 20 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 16 (4) in the application made under section 16 in respect of the facility, C = the value assigned to “C” in subsection 16 (4) in the application made under section 16 in respect of the facility. O. Reg. 194/05, s. 21 (4). (5) If the number determined in accordance with subsection (4) is less than .75, the Director shall determine the following: (1 – (A – C) ÷ (B – C)) × D where, A = the largest amount of regulated product that was produced by the facility in any one year of the four years immediately after the year in which notice was given in respect of the facility to the operator of the Registry under subsection 20 (1) or (2), as the case may be, B = the value assigned to “B” in subsection 16 (4) in the application made under section 16 in respect of the facility, C =   the value assigned to “C” in subsection 16 (4) in the application made under section 16 in respect of the facility, D = the amount of nitrogen oxides emission allowances set out in the notice given by the Director to the operator of the Registry in respect of the facility under subsection 20 (1) or (2), as the case may be. O. Reg. 194/05, s. 21 (5). (6) If an amount is determined under subsection (3) or (5), on or before October 1 of the year in which the determination is made the Director shall send written notice to, (a) the owner of the facility of the amount that was determined under subsection (3) or (5); and (b) to the operator of the Registry of the amount that was determined under subsection (3) or (5) and directing that nitrogen oxides emission allowances in an amount equal to the amount of the determination, (i) be added to the nitrogen oxides new source set aside as of January 1 of the year after the year in which the notice is given, and (ii) be removed from the facility’s sector budget if the facility is in the cement sector, flat glass sector, iron and steel sector or pulp and paper sector.  O. Reg. 194/05, s. 21 (6). (7) For the purpose of this section, if an owner of the facility does not provide the data on the total amount of regulated product that was produced by the facility in any one of the four years preceding the year in which the Director makes a determination under this section, either in accordance with subsection 6 (1) or in response to a request by the Director under this section for the data, the amount of regulated product produced by the facility for that year shall be deemed to be zero.  O. Reg. 194/05, s. 21 (7). Sulphur Dioxide Emission Allowances