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 Code of Federal Regulations (Last Updated: October 10, 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 AAAAA - CSAPR NOX Annual Trading Program

  § 97.410 - State NOX Annual trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.  

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  • § 97.410 State NOX Annual trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.

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

    (1) Alabama.

    (i) The NOX Annual trading budget for 2015 and 2016 is 72,691 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,454 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 71,962 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,441 tons.

    (vi) [Reserved]

    (2) Georgia.

    (i) The NOX Annual trading budget for 2015 and 2016 is 62,010 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,240 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 53,738 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,074 tons.

    (vi) [Reserved]

    (3) Illinois.

    (i) The NOX Annual trading budget for 2015 and 2016 is 47,872 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 3,830 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 47,872 tons.

    (v) The new unit set-aside for 2017 and thereafter is 3,831 tons.

    (vi) [Reserved]

    (4) Indiana.

    (i) The NOX Annual trading budget for 2015 and 2016 is 109,726 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 3,292 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 108,424 tons.

    (v) The new unit set-aside for 2017 and thereafter is 3,256 tons.

    (vi) [Reserved]

    (5) Iowa.

    (i) The NOX Annual trading budget for 2015 and 2016 is 38,335 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 729 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 38 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 37,498 tons.

    (v) The new unit set-aside for 2017 and thereafter is 715 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 38 tons.

    (6) Kansas.

    (i) The NOX Annual trading budget for 2015 and 2016 is 31,354 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 596 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 31 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 31,354 tons.

    (v) The new unit set-aside for 2017 and thereafter is 596 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 31 tons.

    (7) Kentucky.

    (i) The NOX Annual trading budget for 2015 and 2016 is 85,086 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 3,403 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 77,238 tons.

    (v) The new unit set-aside for 2017 and thereafter is 3,090 tons.

    (vi) [Reserved]

    (8) Maryland.

    (i) The NOX Annual trading budget for 2015 and 2016 is 16,633 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 333 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 16,574 tons.

    (v) The new unit set-aside for 2017 and thereafter is 333 tons.

    (vi) [Reserved]

    (9) Michigan.

    (i) The NOX Annual trading budget for 2015 and 2016 is 65,421 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,243 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 65 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 63,040 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,201 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 63 tons.

    (10) Minnesota.

    (i) The NOX Annual trading budget for 2015 and 2016 is 29,572 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 561 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 29,572 tons.

    (v) The new unit set-aside for 2017 and thereafter is 565 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons.

    (11) Missouri.

    (i) The NOX Annual trading budget for 2015 and 2016 is 52,400 tons.

    (ii) The new unit set-aside for 2015 is 1,572 tons and for 2016 is 3,144 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 48,743 tons.

    (v) The new unit set-aside for 2017 and thereafter is 2,929 tons.

    (vi) [Reserved]

    (12) Nebraska.

    (i) The NOX Annual trading budget for 2015 and 2016 is 30,039 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,772 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 30,039 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,771 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons.

    (13) New Jersey.

    (i) The NOX Annual trading budget for 2015 and 2016 is 8,218 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 164 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 7,945 tons.

    (v) The new unit set-aside for 2017 and thereafter is 155 tons.

    (vi) [Reserved]

    (14) New York.

    (i) The NOX Annual trading budget for 2015 and 2016 is 21,722 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 412 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 22 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 21,722 tons.

    (v) The new unit set-aside for 2017 and thereafter is 410 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 22 tons.

    (15) North Carolina.

    (i) The NOX Annual trading budget for 2015 and 2016 is 50,587 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 2,984 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 51 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 41,553 tons.

    (v) The new unit set-aside for 2017 and thereafter is 2,451 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons.

    (16) Ohio.

    (i) The NOX Annual trading budget for 2015 and 2016 is 95,468 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,909 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 90,258 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,805 tons.

    (vi) [Reserved]

    (17) Pennsylvania.

    (i) The NOX Annual trading budget for 2015 and 2016 is 119,986 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 2,400 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 119,194 tons.

    (v) The new unit set-aside for 2017 and thereafter is 2,383 tons.

    (vi) [Reserved]

    (18) South Carolina.

    (i) The NOX Annual trading budget for 2015 and 2016 is 32,498 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 617 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 33 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 32,498 tons.

    (v) The new unit set-aside for 2017 and thereafter is 620 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons.

    (19) Tennessee.

    (i) The NOX Annual trading budget for 2015 and 2016 is 35,703 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 714 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 19,337 tons.

    (v) The new unit set-aside for 2017 and thereafter is 381 tons.

    (vi) [Reserved]

    (20) Texas.

    (i) The NOX Annual trading budget for 2015 and 2016 is 137,701 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 5,370 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 138 tons.

    (iv)-(vi) [Reserved]

    (21) Virginia.

    (i) The NOX Annual trading budget for 2015 and 2016 is 33,242 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 1,662 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 33,242 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,663 tons.

    (vi) [Reserved]

    (22) West Virginia.

    (i) The NOX Annual trading budget for 2015 and 2016 is 59,472 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 2,974 tons.

    (iii) [Reserved]

    (iv) The NOX Annual trading budget for 2017 and thereafter is 54,582 tons.

    (v) The new unit set-aside for 2017 and thereafter is 2,730 tons.

    (vi) [Reserved]

    (23) Wisconsin.

    (i) The NOX Annual trading budget for 2015 and 2016 is 34,101 tons.

    (ii) The new unit set-aside for 2015 and 2016 is 2,012 tons.

    (iii) The Indian country new unit set-aside for 2015 and 2016 is 34 tons.

    (iv) The NOX Annual trading budget for 2017 and thereafter is 32,871 tons.

    (v) The new unit set-aside for 2017 and thereafter is 1,939 tons.

    (vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons.

    (b) The States' variability limits for the State NOX Annual trading budgets for the control periods in 2017 and thereafter are as follows:

    (1) The variability limit for Alabama is 12,953 tons.

    (2) The variability limit for Georgia is 9,673 tons.

    (3) The variability limit for Illinois is 8,617 tons.

    (4) The variability limit for Indiana is 19,516 tons.

    (5) The variability limit for Iowa is 6,750 tons.

    (6) The variability limit for Kansas is 5,644 tons.

    (7) The variability limit for Kentucky is 13,903 tons.

    (8) The variability limit for Maryland is 2,983 tons.

    (9) The variability limit for Michigan is 11,347 tons.

    (10) The variability limit for Minnesota is 5,323 tons.

    (11) The variability limit for Missouri is 8,774 tons.

    (12) The variability limit for Nebraska is 5,407 tons.

    (13) The variability limit for New Jersey is 1,430 tons.

    (14) The variability limit for New York is 3,910 tons.

    (15) The variability limit for North Carolina is 7,480 tons.

    (16) The variability limit for Ohio is 16,246 tons.

    (17) The variability limit for Pennsylvania is 21,455 tons.

    (18) The variability limit for South Carolina is 5,850 tons.

    (19) The variability limit for Tennessee is 3,481 tons.

    (20) [Reserved]

    (21) The variability limit for Virginia is 5,984 tons.

    (22) The variability limit for West Virginia is 9,825 tons.

    (23) The variability limit for Wisconsin is 5,917 tons.

    (c) Each State NOX Annual 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.

    [77 FR 10334, Feb. 21, 2012, as amended at 77 FR 10347, Feb. 21, 2012; 77 FR 34844, June 12, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23182, Apr. 30, 2021]