40 CFR § 97.53 - Recordation of NO allowance allocations.

---
identifier: "/us/cfr/t40/s97.53"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 97.53 - Recordation of NO allowance allocations."
title_number: 40
title_name: "Protection of Environment"
section_number: "97.53"
section_name: "Recordation of NO allowance allocations."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "97"
part_name: "FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and 7651,"
regulatory_source: "65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006"
cfr_part: "97"
---


# 97.53 Recordation of NO allowance allocations.

(a) The Administrator will record the NO<sub>X</sub> allowances for 2004 for a NO<sub>X</sub> Budget unit allocated under subpart E of this part in the unit's compliance account, except for NO<sub>X</sub> allowances under § 97.4(b)(4)(ii) or § 97.5(c)(2), which will be recorded in the general account specified by the owners and operators of the unit. The Administrator will record NO<sub>X</sub> allowances for 2004 for a NO<sub>X</sub> Budget opt-in unit in the unit's compliance account as allocated under § 97.88(a).

(b) By May 1, 2003, the Administrator will record the NO<sub>X</sub> allowances for 2005 for a NO<sub>X</sub> Budget unit allocated under subpart E of this part in the unit's compliance account, except for NO<sub>X</sub> allowances under § 97.4(b)(4)(ii) or § 97.5(c)(2), which will be recorded in the general account specified by the owners and operators of the unit. The Administrator will record NO<sub>X</sub> allowances for 2005 for a NO<sub>X</sub> Budget opt-in unit in the unit's compliance account as allocated under § 97.88(a).

(c) By May 1, 2003, the Administrator will record the NO<sub>X</sub> allowances for 2006 for a NO<sub>X</sub> Budget unit allocated under subpart E of this part in the unit's compliance account, except for NO<sub>X</sub> allowances under § 97.4(b)(4)(ii) or § 97.5(c)(2), which will be recorded in the general account specified by the owners and operators of the unit. The Administrator will record NO<sub>X</sub> allowances for 2006 for a NO<sub>X</sub> Budget opt-in unit in the unit's compliance account as allocated under § 97.88(a).

(d) By May 1, 2004, the Administrator will record the NO<sub>X</sub> allowances for 2007 for a NO<sub>X</sub> Budget unit allocated under subpart E of this part in the unit's compliance account, except for NO<sub>X</sub> allowances under § 97.4(b)(4)(ii) or § 97.5(c)(2), which will be recorded in the general account specified by the owners and operators of the unit. The Administrator will record NO<sub>X</sub> allowances for 2007 for a NO<sub>X</sub> Budget opt-in unit in the unit's compliance account as allocated under § 97.88(a).

(e) Each year starting with 2005, after the Administrator has made all deductions from a NO<sub>X</sub> Budget unit's compliance account and the overdraft account pursuant to § 97.54 (except deductions pursuant to § 97.54(d)(2)), the Administrator will record:

(1) NO<sub>X</sub> allowances, in the compliance account, as allocated to the unit under subpart E of this part for the third year after the year of the control period for which such deductions were or could have been made;

(2) NO<sub>X</sub> allowances, in the general account specified by the owners and operators of the unit, as allocated under § 97.4(b)(4)(ii) or § 97.5(c)(2) for the third year after the year of the control period for which such deductions are or could have been made; and

(3) NO<sub>X</sub> allowances, in the compliance account, as allocated to the unit under § 97.88(a).

(f) *Serial numbers for allocated NO*<sub>X</sub> *allowances.* When allocating NO<sub>X</sub> allowances to a NO<sub>X</sub> Budget unit and recording them in an account, the Administrator will assign each NO<sub>X</sub> allowance a unique identification number that will include digits identifying the year for which the NO<sub>X</sub> allowance is allocated.

[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002]