Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter III - AIR RESOURCESSubchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
Part 243 - Transport Rule No[x] Ozone Season Trading Program
Section 243.3 - CSAPR NO[x] Ozone Season Group 2 Trading Program budgets

N.Y. Comp. Codes R. & Regs. tit. 6 § 243.3

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 243.3 - CSAPR NO[x] Ozone Season Group 2 Trading Program budgets
(a) The CSAPR NOx Ozone Season Group 2 Trading Program budget for the 2017 control period and beyond is defined in 40 CFR 97.810(a)(15) (see Table 1, section 200.9 of this title).
(b) The department will allocate allowances in whole ton increments from the CSAPR NOx Ozone Season Group 2 Trading Program budgets for the 2021 control period and beyond in the following manner:
(1) Five percent of the CSAPR NOx Ozone Season Group 2 Trading Program budget will be allocated to the new unit set-aside account.
(2) Allowances totaling the average emissions for the three most recent calendar years of all CSAPR NOx Ozone Season Group 2 units in New York State for which at least three full calendar years of emissions data are available before the allocation submission deadline for the control periods under section 243.4 of this part will be proportionally allocated to each of such individual CSAPR NOx Ozone Season Group 2 units. For purposes of this paragraph, emissions data indicating zero emissions will be deemed available for a unit for any reporting period for which the unit either reports zero emissions or does not report emissions data after being required to report emissions data for that reporting period or a previous reporting period.
(3) After the department allocates based on paragraphs (1) and (2) of this subdivision, the EERET account will receive the remainder of allowances from the CSAPR NOx Ozone Season Group 2 budget except any allowances reserved for an Indian country new unit set-aside under 40 CFR 97.810(a) (15)(iii) (see Table 1, section 200.9 of this title).
(i) The EERET account will be allocated a minimum of 10 percent of the CSAPR NOx Ozone Season Group 2 Trading Program budget.
(ii) If paragraphs (1)-(3) of this subdivision result in an EERET account allocation of less than 10 percent of the CSAPR NOx Ozone Season Group 2 Trading Program budget, the allowances allocated under paragraph (2) of this subdivision will be reduced proportionally by the amounts necessary to ensure that 10 percent of the CSAPR NOx Ozone Season Group 2 Trading Program budget is allocated to the EERET account.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 243.3

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/12/2015
Adopted New York State Register December 19, 2018/Volume XL, Issue 51, eff. 1/2/2019