New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 243 - Transport Rule No[x] Ozone Season Trading Program › Section 243.5 - CSAPR NO[x] Ozone Season Group 2 New Unit Set-Aside allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For each control period, the department
				  will determine distributions of CSAPR NOx Ozone Season
				  Group 2 allowances to any CSAPR NOx Ozone Season Group 2
				  unit in New York State that did not receive an allocation for the control
				  period pursuant to section
				  243.3(b)(2) 
				  of this part (including an allocation of zero allowances), in accordance with
				  the following procedures:
(1) The department
				  will establish a CSAPR NOx Ozone Season Group 2 new unit
				  set-aside allocation for each control period not to exceed five percent of the
				  CSAPR NOx Ozone Season Group 2 Budget set forth in
				  section
				  243.3 
				  of this part.
(2) Only CSAPR
				  NOx Ozone Season Group 2 units may receive CSAPR
				  NOx Ozone Season Group 2 allowances from the CSAPR
				  NOx Ozone Season Group 2 new unit set-aside allocations
				  established in paragraph (1) of this subdivision.
(3) CSAPR NOx Ozone
				  Season Group 2 new unit set-aside allowances may be transferred to CSAPR
				  NOx Ozone Season Group 2 units for no more than eight
				  consecutive control periods, starting with the latter of the 2021 control
				  period or the control period during which the CSAPR NOx
				  Ozone Season Group 2 unit commenced, or is projected to commence, operation and
				  ending with the control period preceding the first control period for which the
				  CSAPR NOx Ozone Season Group 2 unit will receive an
				  allocation pursuant to paragraph 243.3(b)(2) of this part.
(4) The designated representative of a CSAPR
				  NOx Ozone Season Group 2 unit must submit a written
				  request to the department to reserve for the CSAPR NOx
				  Ozone Season Group 2 unit a number of CSAPR NOx Ozone
				  Season Group 2 allowances in the relevant CSAPR NOx
				  Ozone Season Group 2 new unit set-aside account in an amount no greater than
				  the number representing the unit's potential to emit. The reservation request
				  must be submitted prior to January 1st of the control period to which the
				  reservation request pertains. The department will not consider any request for
				  the reservation of CSAPR NOx Ozone Season Group 2 new
				  unit set-aside allowances submitted prior to the issuance of all permits and
				  authorizations by the department that are necessary for operation of the CSAPR
				  NOx Ozone Season Group 2 unit. The reservation request
				  must include information detailing the potential to emit of the CSAPR
				  NOx Ozone Season Group 2 unit.
(5) Subject to the number of CSAPR
				  NOx Ozone Season Group 2 allowances allocated to each
				  new unit set-aside account, following department approval of the request for
				  reservation of CSAPR NOx Ozone Season Group 2
				  allowances, the department will reserve CSAPR NOx Ozone
				  Season Group 2 allowances in the CSAPR NOx Ozone Season
				  Group 2 new unit set-aside account before the start of the control period for
				  which the CSAPR NOx Ozone Season Group 2 unit will
				  receive an allocation pursuant to subdivision (a) of this section in an amount
				  no greater than the CSAPR NOx Ozone Season Group 2
				  unit's potential to emit.
(6) If
				  more than one CSAPR NOx Ozone Season Group 2 unit
				  requests the reservation of CSAPR NOx Ozone Season Group
				  2 allowances and the number of requested allowances exceeds the allocation to
				  the relevant CSAPR NOx Ozone Season Group 2 new unit
				  set-aside account, the department will reserve CSAPR NOx
				  Ozone Season Group 2 allowances from the account for the units in the order in
				  which the CSAPR NOx Ozone Season Group 2 units submitted
				  approvable reservation requests. For the purposes of this paragraph, requests
				  will be considered simultaneous if they are made in the same calendar quarter.
				  Should approvable reservation requests in excess of the allocation to the
				  relevant CSAPR NOx Ozone Season Group 2 new unit
				  set-aside account be submitted in the same calendar quarter by different CSAPR
				  NOx Ozone Season Group 2 units, the department will
				  reserve CSAPR NOx Ozone Season Group 2 allowances for
				  those units on a basis proportional to the number of CSAPR
				  NOx Ozone Season Group 2 allowances requested by each
				  CSAPR NOx Ozone Season Group 2 unit.
(7) By July 1st of each year, the department
				  will submit a request to the Administrator, in a format prescribed by the
				  Administrator, to transfer reserved CSAPR NOx Ozone
				  Season Group 2 allowances to the compliance account of the CSAPR
				  NOx Ozone Season Group 2 source that includes the
				  relevant CSAPR NOx Ozone Season Group 2 unit in an
				  amount no greater than the number representing the unit's potential to
				  emit.
(8) After the Administrator
				  makes the deductions for compliance under  40 CFR 97.824  (see Table 1, section
				  200.9  of this
				  title) for a control period, the department will determine whether any CSAPR
				  NOx Ozone Season Group 2 allowances remain in the CSAPR
				  NOx Ozone Season Group 2 new unit set-aside account for
				  the control period. By July 1st following the control period, the department
				  will transfer any remaining CSAPR NOx Ozone Season Group
				  2 allowances from the CSAPR NOx Ozone Season Group 2 new
				  unit set-aside account to the EERET account. Allowances transferred to the
				  EERET account will be available for sale or other disposition in accordance
				  with section
				  243.6 
				  of this part.