52.2140—Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a) (1) The owner and operator of each source located within the State of South Carolina and for which requirements are set forth under the Federal CAIR NO[=E T=8142]X Annual Trading Program in subparts AA through II of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the South Carolina State Implementation Plan (SIP) as meeting the requirements of CAIR for PM[=E T=8142]2.5 relating to NO[=E T=8142]X under § 51.123 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under § 51.123(p) of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this section, if, at the time of such approval of the State's SIP, the Administrator has already allocated CAIR NO[=E T=8142]X allowances to sources in the State for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NO[=E T=8142]X allowances for those years shall continue to apply, unless the Administrator approves a SIP provision that provides for the allocation of the remaining CAIR NO[=E T=8142]X allowances for those years.
(b) (1) The owner and operator of each NO[=E T=8142]X source located within the State of South Carolina and for which requirements are set forth under the Federal CAIR NO[=E T=8142]X Ozone Season Trading Program in subparts AAAA through IIII of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the South Carolina State Implementation Plan (SIP) as meeting the requirements of CAIR for ozone relating to NO[=E T=8142]X under § 51.123 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under § 51.123(ee) of this chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this section, if, at the time of such approval of the State's SIP, the Administrator has already allocated CAIR NO[=E T=8142]X Ozone Season allowances to sources in the State for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NO[=E T=8142]X Ozone Season allowances for those years shall continue to apply, unless the Administrator approves a SIP provision that provides for the allocation of the remaining CAIR NO[=E T=8142]X Ozone Season allowances for those years.

Code of Federal Regulations

[72 FR 62354, Nov. 2, 2007]