N.Y. Comp. Codes R. & Regs. Tit. 6 § 245.5 - CSAPR SO[2] Group 1 New Unit Set-aside Allocations
(a) For each control period, the department
will determine distributions of CSAPR SO2 Group 1
allowances to any CSAPR SO2 Group 1 unit in New York
State that did not receive an allocation for the control period pursuant to
section
245.3(b)(2)
of this part (including an allocation of zero allowances), in accordance with
the following procedures:
(1) The department
will establish a CSAPR SO2 Group 1 new unit set-aside
allocation for each control period not to exceed five percent of the CSAPR
SO2 Group 1 Budget set forth in section
245.3
of this part
(2) Only CSAPR
SO2 Group 1 units may receive CSAPR
SO2 Group 1 allowances from the CSAPR
SO2 Group 1 new unit set-aside allocations established
in paragraph (1) of this subdivision.
(3) CSAPR SO2 Group 1
new unit set-aside allowances may be transferred to CSAPR
SO2 Group 1 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 SO2 Group 1 unit
commenced, or is projected to commence, operation and ending with the control
period preceding the first control period for which the CSAPR
SO2 Group 1 unit will receive an allocation pursuant to
paragraph 245.3(b)(2) of this part.
(4) The designated representative of a CSAPR
SO2 Group 1 unit must submit a written request to the
department to reserve for the CSAPR SO2 Group 1 unit a
number of CSAPR SO2 Group 1 allowances in the relevant
CSAPR SO2 Group 1 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 SO2
Group 1 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 SO2 Group 1 unit. The reservation request
must include information detailing the potential to emit of the CSAPR
SO2 Group 1 unit.
(5) Subject to the number of CSAPR
SO2 Group 1 allowances allocated to each new unit
set-aside account, following department approval of the request for reservation
of CSAPR SO2 Group 1 allowances, the department will
reserve CSAPR SO2 Group 1 allowances in the CSAPR
SO2 Group 1 new unit set-aside account before the start
of the control period for which the CSAPR SO2 Group 1
unit will receive an allocation pursuant to subdivision (a) of this section in
an amount no greater than the CSAPR SO2 Group 1 unit's
potential to emit.
(6) If more than
one CSAPR SO2 Group 1 unit requests the reservation of
CSAPR SO2 Group 1 allowances and the number of requested
allowances exceeds the allocation to the relevant CSAPR
SO2 Group 1 new unit set-aside account, the department
will reserve CSAPR SO2 Group 1 allowances from the
account for the units in the order in which the CSAPR
SO2 Group 1 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
SO2 Group 1 new unit set-aside account be submitted in
the same calendar quarter by different CSAPR SO2 Group 1
units, the department will reserve CSAPR SO2 Group 1
allowances for those units on a basis proportional to the number of CSAPR
SO2 Group 1 allowances requested by each CSAPR
SO2 Group 1 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 SO2 Group 1
allowances to the compliance account of the CSAPR SO2
Group 1 source that includes the relevant CSAPR SO2
Group 1 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
97.624 (see Table 1, section
200.9 of this
title) for a control period, the department will determine whether any CSAPR
SO2 Group 1 allowances remain in the CSAPR
SO2 Group 1 new unit set-aside account for the control
period. By the July 1st following the control period, the department will
transfer any remaining CSAPR SO2 Group 1 allowances from
the CSAPR SO2 Group 1 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
245.6
of this part.
Notes
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