# 97.143 Compliance supplement pool.
(a) In addition to the CAIR NO<sub>X</sub> allowances allocated under § 97.142, the Administrator may allocate for the control period in 2009 up to the following amount of CAIR NO<sub>X</sub> allowances to CAIR NO<sub>X</sub> units in the respective State:
| State | Compliancesupplementpool |
| --- | --- |
| Alabama | 10,166 |
| Delaware | 843 |
| District of Columbia | 0 |
| Florida | 8,335 |
| Georgia | 12,397 |
| Illinois | 11,299 |
| Indiana | 20,155 |
| Iowa | 6,978 |
| Kentucky | 14,935 |
| Louisiana | 2,251 |
| Maryland | 4,670 |
| Michigan | 8,347 |
| Minnesota | 6,528 |
| Mississippi | 3,066 |
| Missouri | 9,044 |
| New Jersey | 660 |
| New York | 0 |
| North Carolina | 0 |
| Ohio | 25,037 |
| Pennsylvania | 16,009 |
| South Carolina | 2,600 |
| Tennessee | 8,944 |
| Texas | 772 |
| Virginia | 5,134 |
| West Virginia | 16,929 |
| Wisconsin | 4,898 |
| Total | 199,997 |
(b) For any CAIR NO<sub>X</sub> unit in a State, if the unit's average annual NO<sub>X</sub> emission rate for 2007 or 2008 is less than 0.25 lb/mmBtu and, where such unit is included in a NO<sub>X</sub> averaging plan under § 76.11 of this chapter under the Acid Rain Program for such year, the unit's NO<sub>X</sub> averaging plan has an actual weighted average NO<sub>X</sub> emission rate for such year equal to or less than the actual weighted average NO<sub>X</sub> emission rate for the year before such year and if the unit achieves NO<sub>X</sub> emission reductions in 2007 and 2008, the CAIR designated representative of the unit may request early reduction credits, and allocation of CAIR NO<sub>X</sub> allowances from the compliance supplement pool under paragraph (a) of this section for such early reduction credits, in accordance with the following:
(1) The owners and operators of such CAIR NO<sub>X</sub> unit shall monitor and report the NO<sub>X</sub> emissions rate and the heat input of the unit in accordance with subpart HH of this part in each control period for which early reduction credit is requested.
(2) The CAIR designated representative of such CAIR NO<sub>X</sub> unit shall submit to the Administrator by May 1, 2009 a request, in a format specified by the Administrator, for allocation of an amount of CAIR NO<sub>X</sub> allowances from the compliance supplement pool not exceeding the sum of the unit's heat input for the control period in 2007 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the unit's NO<sub>X</sub> emission rate for the control period in 2007 plus the unit's heat input for the control period in 2008 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the unit's NO<sub>X</sub> emission rate for the control period in 2008, determined in accordance with subpart HH of this part and with the sum divided by 2,000 lb/ton and rounded to the nearest whole number of tons as appropriate.
(c) For any CAIR NO<sub>X</sub> unit in a State whose compliance with the CAIR NO<sub>X</sub> emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period, the CAIR designated representative of the unit may request the allocation of CAIR NO<sub>X</sub> allowances from the compliance supplement pool under paragraph (a) of this section, in accordance with the following:
(1) The CAIR designated representative of such CAIR NO<sub>X</sub> unit shall submit to the Administrator by May 1, 2009 a request, in a format specified by the Administrator, for allocation of an amount of CAIR NO<sub>X</sub> allowances from the compliance supplement pool not exceeding the minimum amount of CAIR NO<sub>X</sub> allowances necessary to remove such undue risk to the reliability of electricity supply.
(2) In the request under paragraph (c)(1) of this section, the CAIR designated representative of such CAIR NO<sub>X</sub> unit shall demonstrate that, in the absence of allocation to the unit of the amount of CAIR NO<sub>X</sub> allowances requested, the unit's compliance with the CAIR NO<sub>X</sub> emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period. This demonstration must include a showing that it would not be feasible for the owners and operators of the unit to:
(i) Obtain a sufficient amount of electricity from other electricity generation facilities, during the installation of control technology at the unit for compliance with the CAIR NO<sub>X</sub> emissions limitation, to prevent such undue risk; or
(ii) Obtain under paragraphs (b) and (d) of this section, or otherwise obtain, a sufficient amount of CAIR NO<sub>X</sub> allowances to prevent such undue risk.
(d) The Administrator will review each request under paragraph (b) or (c) of this section submitted by May 1, 2009 and will allocate CAIR NO<sub>X</sub> allowances for the control period in 2009 to CAIR NO<sub>X</sub> units in a State and covered by such request as follows:
(1) Upon receipt of each such request, the Administrator will make any necessary adjustments to the request to ensure that the amount of the CAIR NO<sub>X</sub> allowances requested meets the requirements of paragraph (b) or (c) of this section.
(2) If the State's compliance supplement pool under paragraph (a) of this section has an amount of CAIR NO<sub>X</sub> allowances not less than the total amount of CAIR NO<sub>X</sub> allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the Administrator will allocate to each CAIR NO<sub>X</sub> unit covered by such requests the amount of CAIR NO<sub>X</sub> allowances requested (as adjusted under paragraph (d)(1) of this section).
(3) If the State's compliance supplement pool under paragraph (a) of this section has a smaller amount of CAIR NO<sub>X</sub> allowances than the total amount of CAIR NO<sub>X</sub> allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the Administrator will allocate CAIR NO<sub>X</sub> allowances to each CAIR NO<sub>X</sub> unit covered by such requests according to the following formula and rounding to the nearest whole allowance as appropriate:
Unit's allocation = Unit's adjusted allocation × (State's compliance supplement pool ÷ Total adjusted allocations for all units)
Where:
“Unit's allocation” is the amount of CAIR NO<sub>X</sub> allowances allocated to the unit from the State's compliance supplement pool.
“Unit's adjusted allocation” is the amount of CAIR NO<sub>X</sub> allowances requested for the unit under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section.
“State's compliance supplement pool” is the amount of CAIR NO<sub>X</sub> allowances in the State's compliance supplement pool.
“Total adjusted allocations for all units” is the sum of the amounts of allocations requested for all units under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section.
(4) By July 31, 2009, the Administrator will determine by order the allocations under paragraph (d)(2) or (3) of this section. The Administrator will make available to the public each determination of CAIR NO<sub>X</sub> allowances under such paragraph and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with paragraph (b) or (c) of this section and paragraph (d)(2) or (3) of this section, as appropriate. Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with such paragraphs.
(5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section.
[65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006]