Nitrogen oxides allowances for 2008 and later years
 11. (1) The owner of a generation facility may apply to the Director for nitrogen oxides emission allowances for 2008 or a later year in respect of the facility.  O. Reg. 193/05, s. 7 (1). (2) An application under this section must be made not later than June 1 in the year preceding the year for which the allowances are applied for.  O. Reg. 397/01, s. 11 (2). (3) An application may be made under this section by the owner of a facility that has not yet begun to generate electricity.  O. Reg. 397/01, s. 11 (3). (4) For each facility for which an application for nitrogen oxides emission allowances is made in accordance with this section, the Director shall determine the following amount: (A ÷ B) × 41.3 kilotonnes where, A = the deemed electricity production of the facility, determined in accordance with section 2, B = the total deemed electricity production of all the facilities for which applications were made in accordance with this section, determined in accordance with section 2. O. Reg. 397/01, s. 11 (4); O. Reg. 193/05, s. 7 (2). (5) If the total of all the amounts determined under subsection (4) for facilities located in the Pollution Emission Management Area is less than or equal to 37.6 kilotonnes, (a) the Director shall send written notice of the amount determined for each facility under subsection (4) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which the emission allowances are applied for; and (b) on January 1 of the year for which the emission allowances are applied for, the owner of a facility shall be deemed to have acquired nitrogen oxides emission allowances in respect of the facility in the amount determined for the facility under subsection (4).  O. Reg. 397/01, s. 11 (5); O. Reg. 193/05, s. 7 (3). (6) If the total of all the amounts determined under subsection (4) for facilities located in the Pollution Emission Management Area is more than 37.6 kilotonnes, (a) the Director shall determine adjusted amounts under subsections (7) and (8) for each facility for which an amount was determined under subsection (4); (b) the Director shall send written notice of the adjusted amount determined for a facility under clause (a) to the owner of the facility and to the operator of the Registry not later than October 1 in the year preceding the year for which the emission allowances are applied for; and (c) on January 1 of the year for which the emission allowances are applied for, the owner of a facility shall be deemed to have acquired nitrogen oxides emission allowances in respect of the facility in the adjusted amount determined for the facility under clause (a).  O. Reg. 397/01, s. 11 (6); O. Reg. 193/05, s. 7 (4). (7) For the purpose of subsection (6), the adjusted amount for a facility located in the Pollution Emission Management Area shall be determined in accordance with the following formula: A × (37.6 kilotonnes ÷ B) where, A = the amount determined for the facility under subsection (4), B = the total of all the amounts determined under subsection (4) for all the facilities located in the Pollution Emission Management Area. O. Reg. 397/01, s. 11 (7); O. Reg. 193/05, s. 7 (5). (8) For the purpose of subsection (6), the adjusted amount for a facility that is not located in the Pollution Emission Management Area shall be determined in accordance with the following formula: A × (3.7 kilotonnes ÷ B) where, A = the amount determined for the facility under subsection (4), B = the total of all the amounts determined under subsection (4) for all the facilities that are not located in the Pollution Emission Management Area. O. Reg. 397/01, s. 11 (8); O. Reg. 193/05, s. 7 (6).