Subpart A—South Carolina CSAPR NO_X Annual Trading Program

1. 1. Except as provided in paragraphs 2. and 3. of this subpart, the provisions of the July 1, 2016, edition of 40 CFR 97.402 through 97.408, 97.411 through 97.418, 97.420 through 97.428, and 97.430 through 97.435, as subsequently amended upon publication in the Federal Register as listed below, are adopted and incorporated by reference as if fully repeated herein.

   40 CFR Part 97 Subpart AAAAA
   Federal Register Citation	Volume	Date	Notice
   Revision	Vol. 81	October 26, 2016	[81 FR 74504]
   Revision	Vol. 86	April 30, 2021	[86 FR 23054]
   Revision	Vol. 87	August 26, 2022	[87 FR 52473]
   Revision	Vol. 88	June 5, 2023	[88 FR 36654]

2. 2. The provisions of 40 CFR 97.411(b)(2) and (c)(5)(iii), 97.412(b), and 97.421(h) and (j) are not adopted or incorporated by reference.
3. 3. For purposes of this subpart, the provisions of 40 CFR 97.404(a)(1) and (b) that are otherwise adopted and incorporated by reference are modified by removing the phrase "The following units in a State (and Indian country within the borders of such State)" and adding in its place the phrase "The following units in South Carolina (but not in Indian country within South Carolina's borders)".

4. 4. For purposes of this subpart, for the control periods in 2017 and thereafter, the South Carolina NO_X Annual trading budget, new unit set-aside, and Indian country new unit-set aside for allocations of CSAPR NO_X Annual allowances, and the variability limit for the South Carolina NO_X Annual trading budget, are as follows:

   1. a. The NO_X Annual trading budget is 32,498 tons.
   2. b. The new unit set-aside is 620 tons.
   3. c. The Indian country new unit set-aside is 33 tons.
   4. d. The variability limit is 5,850 tons.

   5. e. The South Carolina NO_X Annual trading budget in this subpart includes any tons in the new unit set-aside or Indian country new unit set-aside but does not include any tons in the variability limit.

      Subpart B—South Carolina CSAPR SO₂ Group 2 Trading Program

   6. 1. Except as provided in paragraphs 2. and 3. of this subpart, the provisions of the July 1, 2016, edition of 40 CFR 97.702 through 97.708, 97.711 through 97.718, 97.720 through 97.728, and 97.730 through 97.735, as subsequently amended upon publication in the Federal Register as listed below, are adopted and incorporated by reference as if fully repeated herein.

      40 CFR Part 97 Subpart DDDDD
      Federal Register Citation	Volume	Date	Notice
      Revision	Vol. 81	October 26, 2016	[81 FR 74504]
      Revision	Vol. 86	April 30, 2021	[86 FR 23054]
      Revision	Vol. 87	August 26, 2022	[87 FR 52473]
      Revision	Vol. 88	June 5, 2023	[88 FR 36654]

5. 2. The provisions of 40 CFR 97.711(b)(2) and (c)(5)(iii), 97.712(b), and 97.721(h) and (j) are not adopted or incorporated by reference.
6. 3. For purposes of this subpart, the provisions of 40 CFR 97.704(a)(1) and (b) that are otherwise adopted and incorporated by reference are modified by removing the phrase "The following units in a State (and Indian country within the borders of such State)" and adding in its place the phrase "The following units in South Carolina (but not in Indian country within South Carolina's borders)".

7. 4. For purposes of this subpart, for the control periods in 2017 and thereafter, the South Carolina SO₂ Group 2 trading budget, new unit set-aside, and Indian country new unit-set aside for allocations of CSAPR SO₂ Group 2 allowances, and the variability limit for the South Carolina SO₂ Group 2 trading budget, are as follows:

   1. a. The SO₂ Group 2 trading budget is 96,633 tons.
   2. b. The new unit set-aside is 1,836 tons.
   3. c. The Indian country new unit set-aside is 97 tons.
   4. d. The variability limit is 17,394 tons.
   5. e. The South Carolina SO₂ Group 2 trading budget in this subpart includes any tons in the new unit set-aside or Indian country new unit set-aside but does not include any tons in the variability limit.

HISTORY: Added by State Register Volume 41, Issue No. 8, Doc. No. 4750, eff August 25, 2017; Amended by SCSR 47-8 Doc. No. 5188, eff August 25, 2023; SCSR 49-12 Doc. No. 5415, eff December 26, 2025.