40 C.F.R. § 97.911

Current through September 30, 2024

Section 97.911 - Texas SO[2] Trading Program allowance allocations

(a)Allocations from the Texas SO₂Trading Program budget.

(1) Except as provided in paragraph (a)(2) of this section, Texas SO₂ Trading Program allowances from the Texas SO₂ Trading Program budget will be allocated, for the control periods in 2019 and each year thereafter, as provided in Table 1 to this paragraph (a)(1):

Table 1 to Paragraph (a)(1)-Texas SO₂ Trading Program Allocations

Texas SO2 Trading Program units	ORIS code	Texas SO2 Trading Program allocation (tons)	Affiliated ownership group
Big Brown Unit 1	3497	8,473	Vistra.
Big Brown Unit 2	3497	8,559	Vistra.
Coleto Creek Unit 1	6178	9,057	Vistra.
Fayette (Sam Seymour) Unit 1	6179	7,979	Lower Colorado River Authority/City of Austin.
Fayette (Sam Seymour) Unit 2	6179	8,019	Lower Colorado River Authority/City of Austin.
Graham Unit 2	3490	226	Vistra.
HW Pirkey Unit 1	7902	8,882	American Electric Power.
Harrington Unit 061B	6193	5,361	Xcel Energy.
Harrington Unit 062B	6193	5,255	Xcel Energy.
Harrington Unit 063B	6193	5,055	Xcel Energy.
JT Deely Unit 1	6181	6,170	City of San Antonio.
JT Deely Unit 2	6181	6,082	City of San Antonio.
Limestone Unit 1	298	12,081	NRG Energy.
Limestone Unit 2	298	12,293	NRG Energy.
Martin Lake Unit 1	6146	12,024	Vistra.
Martin Lake Unit 2	6146	11,580	Vistra.
Martin Lake Unit 3	6146	12,236	Vistra.
Monticello Unit 1	6147	8,598	Vistra.
Monticello Unit 2	6147	8,795	Vistra.
Monticello Unit 3	6147	12,216	Vistra.
Newman Unit 2	3456	1	El Paso Electric.
Newman Unit 3	3456	1	El Paso Electric.
Newman Unit **4	3456	2	El Paso Electric.
Newman Unit **5	3456	2	El Paso Electric.
Sandow Unit 4	6648	8,370	Vistra.
Sommers Unit 1	3611	55	City of San Antonio.
Sommers Unit 2	3611	7	City of San Antonio.
Stryker Unit ST2	3504	145	Vistra.
Tolk Unit 171B	6194	6,900	Xcel Energy.
Tolk Unit 172B	6194	7,062	Xcel Energy.
WA Parish Unit WAP4	3470	3	NRG Energy.
WA Parish Unit WAP5	3470	9,580	NRG Energy.
WA Parish Unit WAP6	3470	8,900	NRG Energy.
WA Parish Unit WAP7	3470	7,653	NRG Energy.
Welsh Unit 1	6139	6,496	American Electric Power.
Welsh Unit 2	6139	7,050	American Electric Power.
Welsh Unit 3	6139	7,208	American Electric Power.
Wilkes Unit 1	3478	14	American Electric Power.
Wilkes Unit 2	3478	2	American Electric Power.
Wilkes Unit 3	3478	3	American Electric Power.

(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation pursuant to the table in paragraph (a)(1) of this section does not operate, starting after 2018, during the control period in two consecutive years, such unit will not be allocated the Texas SO₂ Trading Program allowances provided in paragraph (a)(1) of this section for the unit for the control periods in the fifth year after the first such year and in each year after that fifth year. All Texas SO₂ Trading Program allowances that would otherwise have been allocated to such unit will be transferred to the Supplemental Allowance Pool for potential allocation in accordance with § 97.912 .

(b) [Reserved]

(c)Units incorrectly allocated Texas SO₂Trading Program allowances.

(1) For each control period in 2019 and thereafter, if the Administrator determines that Texas SO₂ Trading Program allowances were incorrectly allocated under paragraph (a) of this section, or under a provision of a SIP revision approved by the Administrator, then the Administrator will notify the designated representative of the recipient and will act in accordance with the procedures set forth in paragraphs (c)(2) through (5) of this section:

(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such Texas SO₂ Trading Program allowances under § 97.921 .

(3) If the Administrator already recorded such Texas SO₂ Trading Program allowances under § 97.921 and if the Administrator makes the determination under paragraph (c)(1) of this section before making deductions for the source that includes such recipient under § 97.924(b) for such control period, then the Administrator will deduct from the account in which such Texas SO₂ Trading Program allowances were recorded an amount of Texas SO₂ Trading Program allowances allocated for the same or a prior control period equal to the amount of such already recorded Texas SO₂ Trading Program allowances. The authorized account representative shall ensure that there are sufficient Texas SO₂ Trading Program allowances in such account for completion of the deduction.

(4) If the Administrator already recorded such Texas SO₂ Trading Program allowances under § 97.921 and if the Administrator makes the determination under paragraph (c)(1) of this section after making deductions for the source that includes such recipient under § 97.924(b) for such control period, then the Administrator will not make any deduction to take account of such already recorded Texas SO₂ Trading Program allowances.

(5) With regard to the Texas SO₂ Trading Program allowances that are not recorded, or that are deducted as an incorrect allocation, in accordance with paragraphs (c)(2) and (3) of this section, the Administrator will transfer such Texas SO₂ Trading Program allowances to the Supplemental Allowance Pool for potential allocation in accordance with § 97.912 .

40 C.F.R. §97.911

82 FR 48364, Oct. 17, 2017, as amended at 82 FR 50580, Nov. 1, 2017; 85 FR 49216, Aug. 12, 2020; 86 FR 23207, Apr. 30, 2021

82 FR 48364, 11/16/2017; 85 FR 49216, 9/11/2020; 86 FR 23207, 6/29/2021