| (E) The executive director shall notify each CAIR designated representative who submitted a CAIR NOX allowance allocation request of the amount of CAIR NOX allowances, if any, allocated for the control period to the CAIR NOX unit covered under the request. (e) If, after completion of the procedures under subsection (d) of this section for a control period, any unallocated CAIR NOX allowances remain in the new unit set-aside for the control period, the executive director shall allocate to each CAIR NOX unit receiving an allocation under subsection (c) of this section an amount of CAIR NOX allowances equal to the total amount of such remaining unallocated CAIR NOX allowances, multiplied by the unit's allocation under subsection (c) of this section, divided by 90.5% of the NOX trading budget identified in §101.503(a) of this title, and rounded to the nearest whole allowance as appropriate. (f) A unit's control period heat input, and a unit's status as coal-fired or natural gas-fired, for a calendar year under subsection (a) of this section, and a unit's total tons of NOX emissions during a calendar year under subsection (d) of this section, must be determined in accordance with 40 Code of Federal Regulations (CFR) Part 75, to the extent the unit was otherwise subject to the requirements of 40 CFR Part 75 for the year, or must be based on the best available data reported to the executive director for the unit, to the extent the unit was not otherwise subject to the requirements of 40 CFR Part 75 for the year. (g) On or before the latter of May 1, 2011, or May 1 of the control period immediately following a unit's fifth consecutive year of commercial operation, the CAIR designated representative of a unit establishing a baseline heat input in accordance with subsection (b)(2) or (3) of this section shall submit, on a form specified by the executive director, written certification of the gross electrical output of the generator or generators served by the unit and the total heat energy of any steam produced by the unit during the first five years of commercial operation. |
