§ 97.1011 CSAPR NOX Ozone Season Group 3 allowance allocations to existing units.
(a) Allocations to existing units in general. (1) For the control periods in 2021 and each year thereafter, CSAPR NOX Ozone Season Group 3 allowances will be allocated to units in each State and areas of Indian country within the borders of the State subject to the State's SIP authority as provided in notices of data availability issued by the Administrator. Starting with the control period in 2026, the notices of data availability will be the notices issued under paragraph (b)(11)(iii) of this section.
(2) For the control periods in 2023 and each year thereafter, CSAPR NOX Ozone Season Group 3 allowances will be allocated to units in areas of Indian country within the borders of each State not subject to the State's SIP authority as provided in notices of data availability issued by the Administrator. Starting with the control period in 2026, the notices of data availability will be the notices issued under paragraph (b)(11)(iii) of this section.
(3) Providing an allocation to a unit in a notice of data availability does not constitute a determination that the unit is a CSAPR NOX Ozone Season Group 3 unit, and not providing an allocation to a unit in such notice does not constitute a determination that the unit is not a CSAPR NOX Ozone Season Group 3 unit.
(b) Calculation of default allocations to existing units for control periods in 2026 and thereafter. For each control period in 2026 and thereafter, and for the CSAPR NOX Ozone Season Group 3 units in each State and areas of Indian country within the borders of the State, the Administrator will calculate default allocations of CSAPR NOX Ozone Season Group 3 allowances to the CSAPR NOX Ozone Season Group 3 units as follows:
(1) For each State and control period, the total amount of CSAPR NOX Ozone Season Group 3 allowances for which the Administrator will calculate default allocations shall be the remainder of the State NOX Ozone Season Group 3 trading budget for the control period under § 97.1010(a) minus the new unit set-aside for the control period under § 97.1010(c).
(2) The Administrator will calculate a default allocation of CSAPR NOX Ozone Season Group 3 allowances for each CSAPR NOX Ozone Season Group 3 unit in the State and Indian country within the borders of the State meeting the following criteria:
(i) To the best of the Administrator's knowledge, the unit qualifies as a CSAPR NOX Ozone Season Group 3 unit under § 97.1004, without regard to whether the unit has permanently retired;
(ii) The unit's deadline for certification of monitoring systems under § 97.1030(b) is on or before May 1 of the year two years before the year of the control period for which the allowances are being allocated; and
(iii) The owner or operator reported heat input greater than zero for the unit in accordance with part 75 of this chapter for the historical control period in the year two years before the year of the control period for which the allowances are being allocated.
(3) For each CSAPR NOX Ozone Season Group 3 unit for which a default allocation is being calculated for a control period, the Administrator will calculate an average heat input amount to be used in the allocation calculations as follows:
(i) The Administrator will identify the total heat input amounts reported for the unit in accordance with part 75 of this chapter for the historical control periods in the years two, three, four, five, and six years before the year of the control period for which the allowances are being allocated, except any historical control period that commenced before the unit's first deadline under any regulatory program to begin recording and reporting heat input in accordance with part 75 of this chapter.
(ii) The average heat input amount used in the allocation calculations shall be the average of the three highest total heat input amounts identified for the unit under paragraph (b)(3)(i) of this section or, if fewer than three non-zero amounts are identified for the unit, the average of all such non-zero total heat input amounts.
(4) For each CSAPR NOX Ozone Season Group 3 unit for which a default allocation is being calculated for a control period, the Administrator will calculate a tentative maximum allocation amount to be used in the allocation calculations as follows: