§97.710. State SO 2 Group 2 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits. — Inbound Citations

(i) 2 Group 2 Trading Programs. A State listed in paragraph (c)(1) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (c)(1), (g), and (h) of this section with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR SO2 Group 2 Trading Program set forth in §§ 97.702 through 97.735 of this chapter, except that the SIP revision:

(2) The total amount of CSAPR SO2 Group 2 allowance allocations on the list must not exceed the amount, under § 97.710(a) of this chapter for the State and the control period in 2016, of the CSAPR SO2 Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

(iii) Total SO2 emissions from all CSAPR SO2 Group 2 units at CSAPR SO2 Group 2 sources in a State (and Indian country within the borders of such State) during a control period in a given year exceed the State assurance level if such total SO2 emissions exceed the sum, for such control period, of the State SO2 Group 2 trading budget under § 97.710(a) and the State's variability limit under § 97.710(b).

(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR SO2 Group 2 allowances in an amount equal to the applicable amount of tons of SO2 emissions as set forth in § 97.710(a) and will be allocated additional CSAPR SO2 Group 2 allowances (if any) in accordance with § 97.711(a)(2) and (c)(5) and paragraph (b)(10) of this section.

(c) At any time after the allowance transfer deadline for the last control period for which a State SO2 Group 2 trading budget is established under § 97.710(a) for a given State, the Administrator may record a transfer of any CSAPR SO2 Group 2 allowances held in the compliance account for a source in such State (and Indian country within the borders of such State) to a general account identified or established by the Administrator with the source's designated representative as the authorized account representative and with the owners and operators of the source (as indicated on the certificate of representation for the source) as the persons represented by the authorized account representative. The Administrator will notify the designated representative not less than 15 days before making such a transfer.

(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

(iii) Total SO2 emissions from all CSAPR SO2 Group 2 units at CSAPR SO2 Group 2 sources in a State (and Indian country within the borders of such State) during a control period in a given year exceed the State assurance level if such total SO2 emissions exceed the sum, for such control period, of the State SO2 Group 2 trading budget under § 97.710(a) and the State's variability limit under § 97.710(b).