---
kind: "section"
citation: "40 C.F.R. § 97.41"
title: "40"
number: "97.41"
heading: "Timing requirements for NO X allowance allocations."
url: "https://uscodex.org/cfr/40/97.41"
---

# §97.41. Timing requirements for NO X allowance allocations.

- (a) The NOX allowance allocations, determined in accordance with [§§ 97.42(a) through (c)](/cfr/40/97.42.md?p=a..c), for the control periods in 2004 through 2007 are set forth in appendices A and B to this subpart.
- (b) By April 1, 2005, the Administrator will determine by order the NOX allowance allocations, in accordance with [§§ 97.42 (a) through (c)](/cfr/40/97.42.md?p=a..c), for the control periods in 2008 through 2012.
- (c) By April 1, 2010, by April 1 of 2015, and thereafter by April 1 of the year that is 5 years after the last year for which NOX allowances allocations are determined, the Administrator will determine by order the NOX allowance allocations, in accordance with [§§ 97.42(a) through (c)](/cfr/40/97.42.md?p=a..c), for the control periods in the years that are 3, 4, 5, 6, and 7 years after the applicable deadline under this [paragraph (c)](#c).
- (d) By April 1, 2004 and April 1 of each year thereafter, the Administrator will determine by order the NOX allowance allocations, in accordance with [§ 97.42(d)](/cfr/40/97.42.md?p=d), for the control period in the year of the applicable deadline under this [paragraph (d)](#d).
- (e) The Administrator will make available to the public each determination of NOX allowance allocations under paragraph [(b)](#b), [(c)](#c), or [(d)](#d) of this section and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with [§ 97.42](/cfr/40/97.42.md). Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with [§ 97.42](/cfr/40/97.42.md).

## Notes

### Amendments

[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 81 FR 74604, Oct. 26, 2016]

### Authority

Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and 7651, et seq.

### Source

Source: 65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006

### Amendments

[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 81 FR 74604, Oct. 26, 2016]