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 244 - Transport Rule No[x] Annual Trading Program › Section 244.5 - CSAPR NO[x] Annual 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 Annual
				  allowances to any CSAPR NOx Annual unit in New York
				  State that did not receive an allocation for the control period pursuant to
				  section
				  244.3(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 Annual new unit set-aside
				  allocation for each control period not to exceed five percent of the CSAPR
				  NOx Annual Budget set forth in section
				  244.3 
				  of this part
(2) Only CSAPR
				  NOx Annual units may receive CSAPR
				  NOx Annual allowances from the CSAPR NOx
				  Annual new unit set-aside allocations established in paragraph (1)
				  of this subdivision.
(3) CSAPR
				  NOx Annual new unit set-aside allowances may be
				  transferred to CSAPR NOx Annual units for no more than
				  eight consecutive control periods, starting with the latter of the 2017 control
				  period or the control period during which the CSAPR NOx
				  Annual unit commenced, or is projected to commence, operation and ending with
				  the control period preceding the first control period for which the CSAPR
				  NOx Annual unit will receive an allocation pursuant to
				  paragraph 244.3(b)(2) of this part.
(4) The designated representative of a CSAPR
				  NOx Annual unit must submit a written request to the
				  department to reserve for the CSAPR NOx Annual unit a
				  number of CSAPR NOx Annual allowances in the relevant
				  CSAPR NOx Annual 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
				  Annual 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 Annual unit. The reservation request
				  must include information detailing the potential to emit of the CSAPR
				  NOx Annual unit.
(5) Subject to the number of CSAPR
				  NOx Annual allowances allocated to each new unit
				  set-aside account, following department approval of the request for reservation
				  of CSAPR NOx Annual allowances, the department will
				  reserve CSAPR NOx Annual allowances in the CSAPR
				  NOx Annual new unit set-aside account before the start
				  of the control period for which the CSAPR NOx Annual
				  unit will receive an allocation pursuant to subdivision (a) of this section in
				  an amount no greater than the CSAPR NOx Annual unit's
				  potential to emit.
(6) If more than
				  one CSAPR NOx Annual unit requests the reservation of
				  CSAPR NOx Annual allowances and the number of requested
				  allowances exceeds the allocation to the relevant CSAPR NOx
				  Annual new unit set-aside account, the department will reserve
				  CSAPR NOx Annual allowances from the account for the
				  units in the order in which the CSAPR NOx Annual 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 Annual new unit set-aside account
				  be submitted in the same calendar quarter by different CSAPR
				  NOx Annual units, the department will reserve CSAPR
				  NOx Annual allowances for those units on a basis
				  proportional to the number of CSAPR NOx Annual
				  allowances requested by each CSAPR NOx Annual
				  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 Annual allowances to the compliance account of the
				  CSAPR NOx Annual source that includes the relevant CSAPR
				  NOx Annual 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
				  97.424 (see Table 1, section
				  200.9 of this
				  title) for a control period, the department will determine whether any CSAPR
				  NOx Annual allowances remain in the CSAPR
				  NOx Annual new unit set-aside account for the control
				  period. By the July 1st following the control period, the department will
				  transfer any remaining CSAPR NOx Annual allowances from
				  the CSAPR NOx Annual 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
				  244.6 
				  of this part.