Cross-State Air Pollution Rule NOx Annual Trading Program

PURPOSE: The purpose of this rule is to have Missouri responsible for the Cross-State Air Pollution Rule (CSAPR) Nitrogen Oxide (NOx) Annual Trading Program rather than the U.S. Environmental Protection Agency. This rule also provides the process to allocate allowances to affected units in Missouri for compliance with the CSAPR NOx Annual Trading Program. The evidence supporting the need for this rule, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014, March 24, 2015, and February 8, 2018 affected industry meeting summaries. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. (A) Unless otherwise noted in subsection (1)(B) of this rule, the provisions of 40 CFR 97.402 through 40 CFR 97.435 promulgated as of July 1, 2018 are hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions. (B) Exceptions to subsection (1)(A) of this rule are as follows: 1. The following provisions are not adopted by reference in subsection (1)(A) of this rule, and instead are replaced by section (3) of this rule: A. 40 CFR 97.411(a); B. 40 CFR 97.411(b)(1); and C. 40 CFR 97.412(a). 2. The following provisions are not adopted by reference in subsection (1)(A) of this rule, nor are they replaced by any provisions in this rule: A. Any of the requirements imposed on any unit in Indian country within the borders of any state in the provisions of 40 CFR 97.402 through 40 CFR 97.435; B. 40 CFR 97.411(b)(2); C. 40 CFR 97.411(c)(5)(iii); D. 40 CFR 97.412(b); E. 40 CFR 97.421(h); and F. 40 CFR 97.421(j). (2) Definitions. (A) Definitions for key words and phrases used in this rule may be found in 40 CFR 97.402 and 40 CFR 97.403, as incorporated by reference in subsection (1)(A) of this rule. (B) Notification—Any action by the director to convey information to affected sources and interested parties. This includes, but is not limited to, public web postings with email alerts. (C) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10-6.020. (3) General Provisions. The general provisions for the CrossState Air Pollution Rule (CSAPR) Nitrogen Oxide (NOx) Annual Trading Program may be found in 40 CFR 97.404 through 40 CFR 97.428, which, unless listed in subsection (1)(B) of this rule, are incorporated by reference in subsection (1)(A) of this rule. Subsections (3)(A) and (3)(B) of this rule replace the provisions of 40 CFR 97.411(a), 40 CFR 97.411(b)(1) and 40 CFR 97.412(a) as incorporated by reference in subsection (1)(A) of this rule. (A) Existing Units. 1. Annual Submittal. The director must submit to the U.S. Environmental Protection Agency (EPA), in a format prescribed by the administrator, the CSAPR NOx Annual allowances listed in Table I taking into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet the following schedule: A. By June 1, 2016, the director will submit to EPA allowances for CSAPR NOx Annual units for the control periods in 2017 and 2018; B. By June 1, 2017, the director will submit to EPA allowances for CSAPR NOx Annual units for the control periods in 2019 and 2020; C. By June 1, 2018, the director will submit to EPA allowances for CSAPR NOx Annual units for the control periods in 2021 and 2022; and D. By June 1, 2019, and June 1 of each year thereafter, the director will submit to EPA allowances for CSAPR NOx Annual units for the control periods in the fourth year after the year in which the submission is made. 2. Non-Operating Units. If a unit in Table I of this rule does not operate during two (2) consecutive control periods after 2014, the submittal made under paragraph (3)(A)1. of this rule will show zero (0) CSAPR NOx Annual allowances for such unit for the control period in the fifth year after these two (2) such years and in each year after that fifth year. All CSAPR NOx Annual allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the state for the respective years involved. If this subsection is applicable, any resulting changes to the submittal under paragraph (3)(A)1. of this rule will be determined in accordance with the following: A. Every year, the director will review the operation of each unit listed in Table I and issue a notification that lists any unit in Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this rule; B. For each notification in subparagraph (3)(A)2.A. of this rule, the director will provide an opportunity for submission of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be considered; and C. If there are objections, the director will review them and issue a notification responding to objections received along with any adjustments made to the list. RESOURCES Table I Source Name Source ID Unit ID CSAPR NOx Annual unit allowances (tons) for 2017 and thereafter Asbury 2076 1 884 Audrain Power Plant 55234 CT1 2 Audrain Power Plant 55234 CT2 2 Audrain Power Plant 55234 CT3 2 Audrain Power Plant 55234 CT4 2 Audrain Power Plant 55234 CT5 1 Audrain Power Plant 55234 CT6 1 Audrain Power Plant 55234 CT7 1 Audrain Power Plant 55234 CT8 1 Blue Valley 2132 3 126 Chamois Power Plant 2169 2 248 Chillicothe 2122 GT1A 2 Chillicothe 2122 GT1B 0 Chillicothe 2122 GT2A 0 Chillicothe 2122 GT2B 0 Columbia 2123 6 22 Columbia 2123 7 60 Columbia 2123 8 0 Columbia Energy Center (MO) 55447 CT01 1 Columbia Energy Center (MO) 55447 CT02 2 Columbia Energy Center (MO) 55447 CT03 1 Columbia Energy Center (MO) 55447 CT04 1 Dogwood Energy Facility 55178 CT-1 33 Dogwood Energy Facility 55178 CT-2 30 Empire District Elec Co Energy Ctr 6223 1 1 Empire District Elec Co Energy Ctr 6223 2 2 Empire District Elec Co Energy Ctr 6223 3A 11 Empire District Elec Co Energy Ctr 6223 3B 11 Empire District Elec Co Energy Ctr 6223 4A 12 Empire District Elec Co Energy Ctr 6223 4B 12 Essex Power Plant 7749 1 8 Fairgrounds 2082 CT01 0 Greenwood Energy Center 6074 1 6 Greenwood Energy Center 6074 2 4 Greenwood Energy Center 6074 3 6 Greenwood Energy Center 6074 4 8 Hawthorn 2079 5A 2,445 Hawthorn 2079 6 1 Hawthorn 2079 7 7 Hawthorn 2079 8 8 Hawthorn 2079 9 21 Higginsville Municipal Power Plant 2131 4A 2 Higginsville Municipal Power Plant 2131 4B 0 Holden Power Plant 7848 1 5 Holden Power Plant 7848 2 6 Holden Power Plant 7848 3 5 Howard Bend 2102 CT1A 0 Howard Bend 2102 CT1B 0 Iatan 6065 1 3,094 James River 2161 GT1 7 James River 2161 GT2 13 James River 2161 3 207 James River 2161 4 235 James River 2161 5 435 John Twitty Energy Center 6195 1 801 John Twitty Energy Center 6195 CT1A 1 John Twitty Energy Center 6195 CT1B 1 John Twitty Energy Center 6195 CT2A 1 John Twitty Energy Center 6195 CT2B 1 Labadie 2103 1 2,321 Labadie 2103 2 2,495 Labadie 2103 3 2,677 Labadie 2103 4 2,613 Lake Road 2098 6 414 Lake Road 2098 GT5 2 McCartney Generating Station 7903 MGS1A 10 McCartney Generating Station 7903 MGS1B 10 McCartney Generating Station 7903 MGS2A 10 McCartney Generating Station 7903 MGS2B 10 Meramec 2104 1 646 Meramec 2104 2 609 Meramec 2104 3 1,075 Meramec 2104 4 1,499 Meramec 2104 CT01 0 Meramec 2104 CT2A 0 Meramec 2104 CT2B 0 Mexico 6650 CT01 0 Moberly 6651 CT01 0 Montrose 2080 1 725 Montrose 2080 2 710 Montrose 2080 3 746 Moreau 6652 CT01 0 New Madrid Power Plant 2167 1 2,276 New Madrid Power Plant 2167 2 2,172 Nodaway Power Plant 7754 1 4 Nodaway Power Plant 7754 2 5 Northeast Generating Station 2081 11 0 Northeast Generating Station 2081 12 0 Northeast Generating Station 2081 13 0 Northeast Generating Station 2081 14 0 Northeast Generating Station 2081 15 0 Northeast Generating Station 2081 16 0 Northeast Generating Station 2081 17 1 Northeast Generating Station 2081 18 1 Peno Creek Energy Center 7964 CT1A 11 Peno Creek Energy Center 7964 CT1B 10 Peno Creek Energy Center 7964 CT2A 10 Peno Creek Energy Center 7964 CT2B 9 Peno Creek Energy Center 7964 CT3A 11 Peno Creek Energy Center 7964 CT3B 11 Peno Creek Energy Center 7964 CT4A 10 Peno Creek Energy Center 7964 CT4B 10 Ralph Green Station 2092 3 1 Rush Island 6155 1 2,086 RESOURCES Rush Island 6155 2 2,106 Sibley 2094 1 222 Sibley 2094 2 219 Sibley 2094 3 1,400 Sikeston 6768 1 1,268 Sioux 2107 1 1,874 Sioux 2107 2 1,690 South Harper Peaking Facility 56151 1 15 South Harper Peaking Facility 56151 2 19 South Harper Peaking Facility 56151 3 23 St. Francis Power Plant 7604 1 31 St. Francis Power Plant 7604 2 29 State Line (MO) 7296 1 8 State Line (MO) 7296 2-1 57 State Line (MO) 7296 2-2 59 Thomas Hill Energy Center 2168 MB1 829 Thomas Hill Energy Center 2168 MB2 1,296 Thomas Hill Energy Center 2168 MB3 2,674 Viaduct 2096 CT01 0 Total 45,818 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is not a CSAPR NOx Annual unit. The determination of applicability for CSAPR NOx Annual units is in 40 CFR 97.404 as incorporated by reference in subsection (1)(A) of this rule. EEHHHCCCCCoooodddkkMMM (B) New Units. 1. Annual Submittal. For the CSAPR NOx Annual control period in 2017 and each control period thereafter, the director must submit to EPA, in a format prescribed by the administrator, the CSAPR NOx Annual allowances as determined under this subsection by July 1 of the applicable control period. 2. New Unit Set-Asides. A. Allowance Calculation. Every year, the director will calculate the CSAPR NOx Annual allowance allocation to each CSAPR NOx Annual unit in a state, in accordance with subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule. Once the calculations are complete, the director will contact all facilities that will receive allocations under subparagraphs (3) (B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule to confirm that the calculations were performed in accordance with this rule, and make adjustments to the calculations, if necessary. B. Excess Allowances. If the new unit set-aside for the control period has any CSAPR NOx Annual allowances remaining after the calculations performed under subparagraphs (3) (B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then allowances will be calculated in accordance with subparagraph (3)(B)3.I. of this rule. C. Industry Requests for Excess Allowances. If a facility owner, operator, or designated representative wishes to receive allowances in accordance with subparagraph (3)(B)3.I. of this rule, for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must submit information to the director confirming that a CSAPR NOx Annual unit commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal must also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each CSAPR NOx Annual unit that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. (I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissions made in accordance with this paragraph to confirm that units identified in the submissions are CSAPR NOx Annual units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The director will also confirm that the submission includes the correct calculations for eligible allowances in accordance with part (3) (B)3.I.(III) of this rule. If, during the review, the director identifies any discrepancies with the identified units or the calculations in a submission made in accordance with this paragraph, the director may request additional information from the facility owner, operator, or designated representative that made the submission. If additional information is requested, the facility owner, operator, or designated representative must provide the requested information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for allowances in accordance with subparagraph (3)(B)3.I. of this rule for the applicable control period. D. Public Notification. The director will determine the CSAPR NOx Annual allowance allocation to each CSAPR NOx Annual unit in accordance with subparagraphs (3)(B)3.I., (3) (B)3.J., and (3)(B)3.L. of this rule and 40 CFR 97.406(b)(2) and 40 CFR 97.430 through 40 CFR 97.435 as incorporated by reference in subsection (1)(A) of this rule. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations from the new unit set-aside for the control period in which the notification is made. (I) For each notification in part (3)(B)2.D. of this rule, the director will provide an opportunity for submission of objections to the calculations referenced in such notice. (II) If there are objections, the director will review them and provide notification stating the outcome. E. Allowance Changes. If any CSAPR NOx Annual allowances are added to the new unit set-aside after submittals per subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such CSAPR NOx Annual allowances in accordance with subparagraph (3)(B)3.J. of this rule. 3. New Unit Annual Allowance Allocation Methodology. For each control period in 2017 and thereafter and for the CSAPR NOx Annual units in Missouri, the director will allocate CSAPR NOx Annual allowances to the CSAPR NOx Annual units as follows: A. Units Eligible to Receive Allowances. The CSAPR NOx Annual allowances will be allocated to the following CSAPR NOx Annual units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) CSAPR NOx Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) CSAPR NOx Annual units whose allocation of an amount of CSAPR NOx Annual allowances for such control period listed in Table I in paragraph (3)(A)2. of this rule is covered by 40 CFR 97.411(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule; (III) CSAPR NOx Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph (3)(A)2. of this rule, and that operate during the control period immediately preceding such control period; or (IV) For purposes of subparagraph (3)(B)3.I. of this rule, CSAPR NOx Annual units under 40 CFR 97.411(c)(1)(ii) as incorporated by reference in subsection (1)(A) of this rule whose allocation of an amount of CSAPR NOx Annual allowances for such control period under paragraph (3)(B)2. of this rule is covered by 40 CFR 97.411(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule; B. Total Allowances Available. The director will establish a separate new unit set-aside for the state for each such control period. Each such new unit set-aside will be allocated CSAPR NOx Annual allowances in an amount equal to the difference between the Missouri CSAPR NOx Annual trading budget for 2017 and thereafter, as set forth in 40 CFR 97.410(a), as incorporated by reference in subsection (1)(A) of this rule and the total number of allowances allocated in accordance with paragraph (3)(A)1. of this rule for such control period. The new unit set-aside will be allocated additional CSAPR NOx Annual allowances (if any) in accordance with paragraph (3)(A)2. of this rule and 40 CFR 97.411(c)(5) as incorporated by reference in subsection (1)(A) of this rule; C. Eligible Control Periods. The director will determine, for each CSAPR NOx Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of CSAPR NOx Annual allowances for the later of the following control periods and for RESOURCES each subsequent control period: (I) The control period in 2017; (II) The first control period after the control period in which the CSAPR NOx Annual unit commences commercial operation; (III) For a unit described in part (3)(B)3.A.(II) of this rule, the first control period in which the CSAPR NOx Annual unit operates in the state after operating in another jurisdiction and for which the unit is not already allocated one (1) or more CSAPR NOx Annual allowances; and (IV) For a unit described in part (3)(B)3.A.(III) of this rule, the first control period after the control period in which the unit resumes operation, or the first control period in which the allocation for such unit listed in Table I in paragraph (3) (A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is later; D. Allocations. The allocation to each CSAPR NOx Annual unit described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this rule and for each control period described in subparagraph (3)(B)3.C. of this rule will be an amount equal to the unit’s total tons of NOx emissions during the immediately preceding control period. The director will adjust the allocation amount in this subparagraph in accordance with subparagraphs (3) (B)3.E. through (3)(B)3.G. and (3)(B)3.L. of this rule; E. Sum of Allowances. The director will calculate the sum of the CSAPR NOx Annual allowances determined for all such CSAPR NOx Annual units under subparagraph (3)(B)3.D. of this rule in the state for such control period; F. Extra Allowance Allocation. If the amount of CSAPR NOx Annual allowances in the new unit set-aside for the state for such control period is greater than or equal to the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate the amount of CSAPR NOx Annual allowances determined for each such CSAPR NOx Annual unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of CSAPR NOx Annual allowances in the new unit set-aside for the state for such control period is less than the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate to each such CSAPR NOx Annual unit the amount of the CSAPR NOx Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of CSAPR NOx Annual allowances in the new unit set-aside for such control period, divided by the sum under subparagraph (3)(B)3.E. of this rule, and rounded to the nearest allowance; H. Confirmation of Allowances. The director will contact facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of CSAPR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for such control period to each CSAPR NOx Annual unit eligible for such allocation; I. Allowance Calculation for Units That Recently Began Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control period, any unallocated CSAPR NOx Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate such CSAPR NOx Annual allowances as follows: (I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator, or designated representative may include the calculation of eligible allowances for such control period as specified in part (3)(B)3.I.(III) of this rule. If such submission is not made or fails to include the calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative fails to provide additional information requested in accordance with part (3)(B)2.C.(II) of this rule by the applicable deadline, then no allowances will be awarded to such unit in accordance with this subparagraph for such control period; (II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part (3)(B)2.C.(II) of this rule and may adjust the units identified in such submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible allowances included in such submission to ensure they are in accordance with part (3) (B)3.I.(III) of this rule; (III) The calculation of eligible CSAPR NOx Annual allowances for a specific control period for CSAPR NOx Annual units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period must be as follows; Where: EA = eligible CSAPR NOx Annual Allowances ER = the unit’s permitted emission rate from the unit’s construction permit approved under 10 CSR 10-6.060 (lb/mmBTU) HR = the heat rate efficiency for the generator that the unit serves (BTU/KW-hr) NPCap = nameplate capacity of the generator that the unit serves (MWe) CPTot = number of days in the control period CF = the unit’s default capacity factor from Table II below (IV) The director will determine, for each unit described in subparagraph (3)(B)3.A. of this rule that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible CSAPR NOx Annual allowances as calculated under part (3)(B)3.I.(III) of this rule; (V) The director will determine the sum of the positive EEܣൌ ሺEEEEሻሺHHHHሻ൫ܰCC஼௔௣൯ሺCCCC்௢௧ሻሺCCCCሻሺ24 hoooooooodddddd ൗ ሻቀ1,000 kkkkMMMM௘ ൗ ቁ ቀ2,000 lllltttttt ൗ ቁ൫1,000,000 BBBBBBmmmmmmmmmm ൗ ൯ tttt Table II – Default Capacity Factors for New Units Unit Types Annual SO2 & NOx Programs Coal-Fired Steam Boiler 0.85 IGCC (Coal Gasification) 0.74 Oil-Fired Steam Boiler 0.30 Natural Gas-Fired Steam Boiler 0.44 Simple Cycle Combustion Turbine 0.24 Combined Cycle Combustion Turbine 0.66 differences determined under part (3)(B)3.I.(IV) of this rule; (VI) If the amount of unallocated CSAPR NOx Annual allowances remaining in the new unit set-aside for the state for such control period is greater than or equal to the sum determined under part (3)(B)3.I.(V) of this rule, then the director will allocate the amount of CSAPR NOx Annual allowances determined for each such CSAPR NOx Annual unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated CSAPR NOx Annual allowances remaining in the new unit set-aside for the state for such control period is less than the sum under part (3) (B)3.I.(V) of this rule, then the director will allocate to each such CSAPR NOx Annual unit the amount of the CSAPR NOx Annual allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated CSAPR NOx Annual allowances remaining in the new unit set-aside for such control period, divided by the sum under part (3)(B)3.I.(V) of this rule, and rounded to the nearest allowance; J. Distribution of Remaining Allocations. If, after completion of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of this rule for such control period, any unallocated CSAPR NOx Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each CSAPR NOx Annual unit that is in the state, is allocated an amount of CSAPR NOx Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated CSAPR NOx Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of CSAPR NOx Annual allowances equal to the following: the total amount of such remaining unallocated CSAPR NOx Annual allowances in such new unit set-aside, multiplied by the unit’s allocation listed in Table I in paragraph (3)(A)2. of this rule for such control period, divided by the remainder of the amount of tons in the applicable state NOx Annual trading budget minus the amount of tons in such new unit set-aside for the state for such control period, and rounded to the nearest allowance; K. Public Notification. The director will issue notifications as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule, of the amount of CSAPR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3) (B)3.J., and (3)(B)3.L. of this rule for such control period to each CSAPR NOx Annual unit eligible for such allocation; and L. Allocation Tabulations That Exceed or Are Less Than the New Unit Set-Aside. (I) Notwithstanding the requirements of subpara graphs (3)(B)3.B. through (3)(B)3.K. of this rule, if the calcula tions of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F. and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3) (B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.G., part (3) (B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, as follows. The director will list the CSAPR NOx Annual units in descending order based on the amount of such units’ alloca tions under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or sub paragraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s iden tification number, and will reduce each unit’s allocation under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3) (B)3.J. of this rule, as applicable, by one (1) CSAPR NOx Annual al lowance (but not below zero (0)) in the order in which the units are listed and will repeat this reduction process as necessary, until the total allocations of such new unit set-aside equal the total amount of such new unit set-aside. (II) Notwithstanding the requirements of subpara graphs (3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in a total allocations of such new unit set-aside less than the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.J. of this rule, as follows. The director will list the CSAPR NOx Annual units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.J. of this rule and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1) CSAPR NOx Annual allowance in the order in which the units are listed and will repeat this increase process as necessary, until the total allocations of such new unit set-aside equal the total amount of such new unit set-aside. (4) Reporting and Record Keeping. (A) The monitoring, reporting, and record keeping provisions of the CSAPR NOx Annual Trading Program may be found in 40 CFR 97.430 through 40 CFR 97.435 as incorporated by reference in subsection (1)(A) of this rule. (B) The director will maintain CSAPR NOx Annual unit allowance records submitted to EPA for each CSAPR NOx Annual control period for a minimum of five (5) years. (5) Test Methods. (Not Applicable). AUTHORITY: section 643.050, RSMo 2016.* Original rule filed May 15, 2015, effective Dec. 30, 2015. Amended: Filed June 21, 2018, effective March 30, 2019. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.