Compliance supplement pool.

(a) In addition to the CAIR NO X allowances allocated under § 96.142, the permitting authority may allocate for the control period in 2009 up to the following amount of CAIR NO X allowances to CAIR NO X units in the respective State: State Compliance supplement pool 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 (b) For any CAIR NO X unit in the State that achieves NO X emission reductions in 2007 and 2008 that are not necessary to comply with any State or federal emissions limitation applicable during such years, the CAIR designated representative of the unit may request early reduction credits, and allocation of CAIR NO X 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 X unit shall monitor and report the NO X 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 X unit shall submit to the permitting authority by May 1, 2009 a request, in a format specified by the permitting authority, for allocation of an amount of CAIR NO X allowances from the compliance supplement pool not exceeding the sum of the amounts (in tons) of the unit's NO X emission reductions in 2007 and 2008 that are not necessary to comply with any State or federal emissions limitation applicable during such years, determined in accordance with subpart HH of this part. (c) For any CAIR NO X unit in the State whose compliance with the CAIR NO X 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 X 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 X unit shall submit to the permitting authority by May 1, 2009 a request, in a format specified by the permitting authority, for allocation of an amount of CAIR NO X allowances from the compliance supplement pool not exceeding the minimum amount of CAIR NO X 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 X unit shall demonstrate that, in the absence of allocation to the unit of the amount of CAIR NO X allowances requested, the unit's compliance with the CAIR NO X 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 X 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 X allowances to prevent such undue risk. (d) The permitting authority will review each request under paragraph (b) or (c) of this section submitted by May 1, 2009 and will allocate CAIR NO X allowances for the control period in 2009 to CAIR NO X units in the State and covered by such request as follows: (1) Upon receipt of each such request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the CAIR NO X 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 X allowances not less than the total amount of CAIR NO X allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the permitting authority will allocate to each CAIR NO X unit covered by such requests the amount of CAIR NO X 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 X allowances than the total amount of CAIR NO X allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the permitting authority will allocate CAIR NO X allowances to each CAIR NO X 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 X allowances allocated to the unit from the State's compliance supplement pool. Unit's adjusted allocation” is the amount of CAIR NO X 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 X 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 November 30, 2009, the permitting authority will determine, and submit to the Administrator, the allocations under paragraph (d)(2) or (3)of this section. (5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section. [70 FR 25339, May 12, 2005, as amended at 71 FR 25302, 25383, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]