---
kind: "section"
citation: "40 C.F.R. § 97.88"
title: "40"
number: "97.88"
heading: "NO X allowance allocations to opt-in units."
url: "https://uscodex.org/cfr/40/97.88"
---

# §97.88. NO X allowance allocations to opt-in units.

- (a) **NO—** X allotment allocation. (1) By April 1 immediately before the first control period for which the NOX Budget opt-in permit is effective, the Administrator will determine by order the NOX allowance allocations for the NOX Budget opt-in unit for the control period in accordance with [paragraph (b)](#b) of this section.
  - (2) By no later than April 1, after the first control period for which the NOX Budget opt-in permit is in effect, and April 1 of each year thereafter, the Administrator will determine by order the NOX allowance allocations for the NOX Budget opt-in unit for the next control period, in accordance with [paragraph (b)](#b) of this section.
  - (3) The Administrator will make available to the public each determination of NOX allowance allocations under paragraph (a)(1) or [(2)](#a-2) 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 [paragraph (b)](#b) of this section. Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with [paragraph (b)](#b) of this section.
- (b) For each control period for which the NOX Budget opt-in unit has an approved NOX Budget opt-in permit, the NOX Budget opt-in unit will be allocated NOX allowances in accordance with the following procedures:
  - (1) The heat input (in mmBtu) used for calculating NOX allowance allocations will be the lesser of:
    - (i) The unit's baseline heat input determined pursuant to [§ 97.84(c)](/cfr/40/97.84.md?p=c); or
    - (ii) The unit's heat input, as determined in accordance with subpart H of this part, for the control period in the year prior to the year of the control period for which the NOX allocations are being calculated.
  - (2) The Administrator will allocate NOX allowances to the unit in an amount equaling the heat input determined under [paragraph (b)(1)](#b-1) of this section multiplied by the lesser of the unit's baseline NOX emissions rate determined under [§ 97.84(c)](/cfr/40/97.84.md?p=c) or the most stringent State or federal NOX emissions limitation applicable to the unit during the control period, divided by 2,000 lb/ton, and rounded to the nearest whole number of NOX allowances as appropriate.

## Notes

### 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