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 Code of Federal Regulations (Last Updated: April 5, 2024)
 Title 40 - Protection of Environment
 Chapter I - Environmental Protection Agency
 SubChapter C - Air Programs
 Part 97 - Federal NOX Budget Trading Program, CAIR NOX and SO2 Trading Programs, and CSAPR NOX and SO2 Trading Programs
 Subpart EEEEE - CSAPR NOX Ozone Season Group 2 Trading Program

  § 97.810 - State NOX Ozone Season Group 2 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.  

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  • § 97.810 State NOX Ozone Season Group 2 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.

    (a) The State NOX Ozone Season Group 2 trading budgets, new unit set-asides, and Indian country new unit set-asides for allocations of CSAPR NOX Ozone Season Group 2 allowances for the control periods in the years indicated are as follows:

    (1) Alabama.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2022 and thereafter is 13,211 tons.

    (ii) The new unit set-aside for 2017 through 2022 and thereafter is 255 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2022 and thereafter is 13 tons.

    (2) Arkansas.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 is 12,048 tons and for 2018 and thereafter is 9,210 tons.

    (ii) The new unit set-aside for 2017 is 240 tons and for 2018 and thereafter is 185 tons.

    (iii) [Reserved]

    (3) [Reserved]

    (4) Illinois.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 14,601 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 302 tons.

    (iii) [Reserved]

    (5) Indiana.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 23,303 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 468 tons.

    (iii) [Reserved]

    (6) Iowa.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 11,272 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 324 tons.

    (iii) The Indian country new unit set-aside for 2017 and thereafter is 11 tons.

    (7) Kansas.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 8,027 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 148 tons.

    (iii) The Indian country new unit set-aside for 2017 and thereafter is 8 tons.

    (8) Kentucky.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 21,115 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 426 tons.

    (iii) [Reserved]

    (iv) The NOX Ozone Season Group 2 trading budget for 2023 and thereafter is 14,051 tons.

    (v) The new unit set-aside for 2023 and thereafter is 283 tons.

    (vi) [Reserved]

    (9) Louisiana.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 18,639 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 352 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2020 is 19 tons.

    (iv) The NOX Ozone Season Group 2 trading budget for 2023 and thereafter is 14,818 tons.

    (v) The new unit set-aside for 2023 and thereafter is 430 tons.

    (vi) The Indian country new unit set-aside for 2023 and thereafter is 15 tons.

    (10) Maryland.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 3,828 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 152 tons.

    (iii) [Reserved]

    (11) Michigan.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 17,023 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 665 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2020 is 17 tons.

    (12) Mississippi.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 6,315 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 120 tons.

    (iii) The Indian country new unit set-aside for 2017 and thereafter is 6 tons.

    (13) Missouri.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 15,780 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 324 tons.

    (iii) [Reserved]

    (14) New Jersey.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 2,062 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 192 tons.

    (iii) [Reserved]

    (15) New York.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 5,135 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 252 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2020 is 5 tons.

    (16) Ohio.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 19,522 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 401 tons.

    (iii) [Reserved]

    (17) Oklahoma.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2022 and thereafter is 11,641 tons.

    (ii) The new unit set-aside for 2017 through 2022 and thereafter is 221 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2022 and thereafter is 12 tons.

    (18) Pennsylvania.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 17,952 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 541 tons.

    (iii) [Reserved]

    (19) Tennessee.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 7,736 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 156 tons.

    (iii) [Reserved]

    (20) Texas.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 and thereafter is 52,301 tons.

    (ii) The new unit set-aside for 2017 and thereafter is 998 tons.

    (iii) The Indian country new unit set-aside for 2017 and thereafter is 52 tons.

    (21) Virginia.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 9,223 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 562 tons.

    (iii) [Reserved]

    (22) West Virginia.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2020 is 17,815 tons.

    (ii) The new unit set-aside for 2017 through 2020 is 356 tons.

    (iii) [Reserved]

    (iv) The NOX Ozone Season Group 2 trading budget for 2023 and thereafter is 12,884 tons.

    (v) The new unit set-aside for 2023 and thereafter is 261 tons.

    (vi) [Reserved]

    (23) Wisconsin.

    (i) The NOX Ozone Season Group 2 trading budget for 2017 through 2022 is 7,915 tons.

    (ii) The new unit set-aside for 2017 through 2022 is 151 tons.

    (iii) The Indian country new unit set-aside for 2017 through 2022 is 8 tons.

    (b) The States' variability limits for the State NOX Ozone Season Group 2 trading budgets for the control periods in the years indicated are as follows:

    (1) The variability limit for Alabama for 2017 through 2022 and thereafter is 2,774 tons.

    (2) The variability limit for Arkansas for 2017 is 2,530 tons and for 2018 and thereafter is 1,934 tons.

    (3) [Reserved]

    (4) The variability limit for Illinois for 2017 through 2020 is 3,066 tons.

    (5) The variability limit for Indiana for 2017 through 2020 is 4,894 tons.

    (6) The variability limit for Iowa for 2017 and thereafter is 2,367 tons.

    (7) The variability limit for Kansas for 2017 and thereafter is 1,686 tons.

    (8)

    (i) The variability limit for Kentucky for 2017 through 2020 is 4,434 tons.

    (ii) The variability limit for Kentucky for 2023 and thereafter is 2,951 tons.

    (9)

    (i) The variability limit for Louisiana for 2017 through 2020 is 3,914 tons.

    (ii) The variability limit for Louisiana for 2023 and thereafter is 3,112 tons.

    (10) The variability limit for Maryland for 2017 through 2020 is 804 tons.

    (11) The variability limit for Michigan for 2017 through 2020 is 3,575 tons.

    (12) The variability limit for Mississippi for 2017 and thereafter is 1,326 tons.

    (13) The variability limit for Missouri for 2017 and thereafter is 3,314 tons.

    (14) The variability limit for New Jersey for 2017 through 2020 is 433 tons.

    (15) The variability limit for New York for 2017 through 2020 is 1,078 tons.

    (16) The variability limit for Ohio for 2017 through 2020 is 4,100 tons.

    (17) The variability limit for Oklahoma for 2017 through 2022 and thereafter is 2,445 tons.

    (18) The variability limit for Pennsylvania for 2017 through 2020 is 3,770 tons.

    (19) The variability limit for Tennessee for 2017 and thereafter is 1,625 tons.

    (20) The variability limit for Texas for 2017 and thereafter is 10,983 tons.

    (21) The variability limit for Virginia for 2017 through 2020 is 1,937 tons.

    (22)

    (i) The variability limit for West Virginia for 2017 through 2020 is 3,741 tons.

    (ii) The variability limit for West Virginia for 2023 and thereafter is 2,706 tons.

    (23) The variability limit for Wisconsin for 2017 through 2022 is 1,662 tons.

    (c) Each State NOX Ozone Season Group 2 trading budget in this section includes any tons in a new unit set-aside or Indian country new unit set-aside but does not include any tons in a variability limit.

    [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23200, Apr. 30, 2021; 88 FR 36901, June 5, 2023; 88 FR 49305, July 31, 2023; 88 FR 67108, Sept. 29, 2023]