NO X allowance allocations to opt-in units.

(a) NO X allotment allocation. (1) By April 1 immediately before the first control period for which the NO X Budget opt-in permit is effective, the Administrator will determine by order the NO X allowance allocations for the NO X Budget opt-in unit for the control period in accordance with paragraph (b) of this section. (2) By no later than April 1, after the first control period for which the NO X Budget opt-in permit is in effect, and April 1 of each year thereafter, the Administrator will determine by order the NO X allowance allocations for the NO X Budget opt-in unit for the next control period, in accordance with paragraph (b) of this section. (3) The Administrator will make available to the public each determination of NO X allowance allocations under paragraph (a)(1) or (2) of this section 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) of this section. Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with paragraph (b) of this section. (b) For each control period for which the NO X Budget opt-in unit has an approved NO X Budget opt-in permit, the NO X Budget opt-in unit will be allocated NO X allowances in accordance with the following procedures: (1) The heat input (in mmBtu) used for calculating NO X allowance allocations will be the lesser of: (i) The unit's baseline heat input determined pursuant to § 97.84(c); or (ii) The unit's heat input, as determined in accordance with subpart H of this part, for the control period in the year prior to the year of the control period for which the NO X allocations are being calculated. (2) The Administrator will allocate NO X allowances to the unit in an amount equaling the heat input determined under paragraph (b)(1) of this section multiplied by the lesser of the unit's baseline NO X emissions rate determined under § 97.84(c) or the most stringent State or federal NO X emissions limitation applicable to the unit during the control period, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO X allowances as appropriate.