TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C - AIR PROGRAMS

PART 96 - NOX BUDGET TRADING PROGRAM FOR STATE IMPLEMENTATION PLANS

subpart ii - CAIR NO OPT - IN UNITS

96.187 - Change in regulatory status.

  (a) Notification. If a CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104, then the CAIR designated representative shall notify in writing the permitting authority and the Administrator of such change in the CAIR NOX opt-in unit's regulatory status, within 30 days of such change.

  (b) Permitting authority's and Administrator's actions.

  (1) If a CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104, the permitting authority will revise the CAIR NOX opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit under 96.123 as of the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104.

  (2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NOX opt-in unit that becomes a CAIR NOX unit under 96.104, CAIR NOX allowances equal in number to and allocated for the same or a prior control period as: (A) Any CAIR NOX allowances allocated to the CAIR NOX opt-in unit under 96.188 for any control period after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104; and (B) If the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104 is not December 31, the CAIR NOX allowances allocated to the CAIR NOX opt-in unit under 96.188 for the control period that includes the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104, multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104 divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate.

  (ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NOX unit that becomes a CAIR NOX unit under 96.104 contains the CAIR NOX allowances necessary for completion of the deduction under paragraph (b)(2)(i) of this section.

  (3)(i) For every control period after the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104, the CAIR NOX opt-in unit will be treated, solely for purposes of CAIR NOX allowance allocations under 96.142, as a unit that commences operation on the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104 and will be allocated CAIR NOX allowances under 96.142.

  (ii) Notwithstanding paragraph (b)(3)(i) of this section, if the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104 is not January 1, the following number of CAIR NOX allowances will be allocated to the CAIR NOX opt-in unit (as a CAIR NOX unit) under 96.142 for the control period that includes the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104: (A) The number of CAIR NOX allowances otherwise allocated to the CAIR NOX opt-in unit (as a CAIR NOX unit) under 96.142 for the control period multiplied by; (B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NOX opt-in unit becomes a CAIR NOX unit under 96.104, divided by the total number of days in the control period; and (C) Rounded to the nearest whole allowance as appropriate.