40 CFR Part 96 — NOX Budget Trading Program and CAIR NOX and SO2 Trading Programs for State Implementation Plans

PART 96—NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS Authority: 42 U.S.C. 7401, 7403, 7410, 7601, and 7651, et seq. Source: 63 FR 57514, Oct. 27, 1998, unless otherwise noted. Subpart A—NO X § 96.1 Purpose. This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the NO X X § 96.2 Definitions. The terms used in this part shall have the meanings set forth in this section as follows: Account certificate of representation X X X X X Account number X Acid Rain emissions limitation Administrator Allocate allocation X X Automated data acquisition and handling system DAHS Boiler CAA et seq., Combined cycle system Combustion turbine Commence commercial operation X X X Commence operation X X X Common stack Compliance account X X X X X Compliance certification X X X Continuous emission monitoring system CEMS (1) Flow monitor; (2) Nitrogen oxides pollutant concentration monitors; (3) Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by subpart H of this part; (4) A continuous moisture monitor when such monitoring is required by subpart H of this part; and (5) An automated data acquisition and handling system. Control period Emissions X Energy Information Administration Excess emissions X X Fossil fuel Fossil fuel-fired (1) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year starting in 1995 or, if a unit had no heat input starting in 1995, during the last year of operation of the unit prior to 1995; or (2) The combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year; provided that the unit shall be “fossil fuel-fired” as of the date, during such year, on which the unit begins combusting fossil fuel. General account X Generator Heat input X Life-of-the-unit, firm power contractual arrangement (1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. Maximum design heat input Maximum potential hourly heat input 2 2 Maximum potential NO X emission rate 2 2 Maximum rated hourly heat input Monitoring system Most stringent State or Federal NO X emissions limitation X X Nameplate capacity Non-title V permit NO X allowance X NO X allowance deduction deduct NO X allowances X X X X NO X allowances held hold NO X allowances X X NO X Allowance Tracking System X X NO X Allowance Tracking System account X X NO X allowance transfer deadline X X X NO X authorized account representative X X X X X NO X Budget emissions limitation X X X X X NO X Budget opt-in permit X X NO X Budget opt-in source X X X NO X Budget permit X X X X X X X NO X Budget source X NO X Budget Trading Program NO X Budget unit X Operating X Operator X X X Opt-in X X X Overdraft account X X X Owner (1) Any holder of any portion of the legal or equitable title in a NO X X (2) Any holder of a leasehold interest in a NO X X (3) Any purchaser of power from a NO X X X X (4) With respect to any general account, any person who has an ownership interest with respect to the NO X X X Permitting authority X Receive or receipt of Recordation, record, or recorded X X X Reference method Serial number X X Source State X State trading program budget X X X Submit or serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery. Compliance with any “submission,” “service,” or “mailing” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Title V operating permit Title V operating permit regulations Ton or tonnage X Unit Unit load (1) The total electrical generation (MWe) produced by the unit, including generation for use within the plant; or (2) In the case of a unit that uses heat input for purposes other than electrical generation, the total steam pressure (psia) produced by the unit, including steam for use by the unit. Unit operating day Unit operating hour hour of unit operation Utilization X § 96.3 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this part are defined as follows: Btu—British thermal unit. hr—hour. Kwh—kilowatt hour. lb—pounds. mmBtu—million Btu. MWe—megawatt electrical. ton—2000 pounds. CO 2 NO X O 2 § 96.4 Applicability. (a) The following units in a State shall be NO X X (1) Any unit that, any time on or after January 1, 1995, serves a generator with a nameplate capacity greater than 25 MWe and sells any amount of electricity; or (2) Any unit that is not a unit under paragraph (a) of this section and that has a maximum design heat input greater than 250 mmBtu/hr. (b) Notwithstanding paragraph (a) of this section, a unit under paragraph (a) of this section shall be subject only to the requirements of this paragraph (b) if the unit has a federally enforceable permit that meets the requirements of paragraph (b)(1) of this section and restricts the unit to burning only natural gas or fuel oil during a control period in 2003 or later and each control period thereafter and restricts the unit's operating hours during each such control period to the number of hours (determined in accordance with paragraph (b)(1)(ii) and (iii) of this section) that limits the unit's potential NO X X (1) For each control period under paragraph (b) of this section, the federally enforceable permit must: (i) Restrict the unit to burning only natural gas or fuel oil. (ii) Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NO X X (iii) Require that the unit's potential NO X (A) Select the default NO X X (B) Multiply the default NO X (iv) Require that the owner or operator of the unit shall retain at the source that includes the unit, for 5 years, records demonstrating that the operating hours restriction, the fuel use restriction, and the other requirements of the permit related to these restrictions were met. (v) Require that the owner or operator of the unit shall report the unit's hours of operation (treating any partial hour of operation as a whole hour of operation) during each control period to the permitting authority by November 1 of each year for which the unit is subject to the federally enforceable permit. (2) The permitting authority that issues the federally enforceable permit with the fuel use restriction under paragraph (b)(1)(i) and the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section will notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority includes such restrictions. The permitting authority will also notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority is revised to remove any such restriction, whose federally enforceable permit issued by the permitting authority includes any such restriction that is no longer applicable, or which does not comply with any such restriction. (3) If, for any control period under paragraph (b) of this section, the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section is removed from the unit's federally enforceable permit or otherwise becomes no longer applicable or if, for any such control period, the unit does not comply with the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section, the unit shall be a NO X § 96.5 Retired unit exemption. (a) This section applies to any NO X X (b)(1) Any NO X X X (2) The exemption under paragraph (b)(1) of this section shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NO X X (3) After receipt of the notice under paragraph (b)(2) of this section, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (b)(1) and (c) of this section. (c) Special provisions. (2)(i) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the NO X X (ii) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a non-title V permit shall not resume operation unless the NO X X (3) The owners and operators and, to the extent applicable, the NO X X (4) A unit that is exempt under this section is not eligible to be a NO X (5) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired. (6) Loss of exemption. (A) The date on which the NO X X (B) The date on which the NO X X (ii) For the purpose of applying monitoring requirements under subpart H of this part, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation. § 96.6 Standard requirements. (a) Permit Requirements. X X X (i) Submit to the permitting authority a complete NO X (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NO X X (2) The owners and operators of each NO X X X X (3) The owners and operators of a NO X X X X (b) Monitoring requirements. X X X (2) The emissions measurements recorded and reported in accordance with subpart H of this part shall be used to determine compliance by the unit with the NO X (c) Nitrogen oxides requirements. X X X X X (2) Each ton of nitrogen oxides emitted in excess of the NO X (3) A NO X (4) NO X X (5) A NO X X (6) A NO X X X X X X (7) A NO X X (8) Upon recordation by the Administrator under subpart F, G, or I of this part, every allocation, transfer, or deduction of a NO X X X X (d) Excess emissions requirements. X (i) Surrender the NO X (ii) Pay any fine, penalty, or assessment or comply with any other remedy imposed under § 96.54(d)(3). (e) Recordkeeping and Reporting requirements. X X (i) The account certificate of representation for the NO X X X (ii) All emissions monitoring information, in accordance with subpart H of this part; provided that to the extent that subpart H of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NO X (iv) Copies of all documents used to complete a NO X X X (2) The NO X X X X (f) Liability. X X (2) Any person who knowingly makes a false material statement in any record, submission, or report under the NO X (3) No permit revision shall excuse any violation of the requirements of the NO X (4) Each NO X X X (5) Any provision of the NO X X X X X (6) Any provision of the NO X X X X X X X X X (g) Effect on other authorities. X X X X X X § 96.7 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the NO X (b) Unless otherwise stated, any time period scheduled, under the NO X (c) Unless otherwise stated, if the final day of any time period, under the NO X Subpart B—NO X X § 96.10 Authorization and responsibilities of the NO X (a) Except as provided under § 96.11, each NO X X X X X (b) The NO X X X (c) Upon receipt by the Administrator of a complete account certificate of representation under § 96.13, the NO X X X X X X (d) No NO X X X X X (e)(1) Each submission under the NO X X X X X X (2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a NO X X § 96.11 Alternate NO X (a) An account certificate of representation may designate one and only one alternate NO X X X X X (b) Upon receipt by the Administrator of a complete account certificate of representation under § 96.13, any representation, action, inaction, or submission by the alternate NO X X (c) Except in this section and §§ 96.10(a), 96.12, 96.13, and 96.51, whenever the term “NO X X § 96.12 Changing the NO X X (a) Changing the NO X authorized account representative. X X X X X (b) Changing the alternate NO X X X X X X (c) Changes in the owners and operators. X X X X (2) Within 30 days following any change in the owners and operators of a NO X X X X § 96.13 Account certificate of representation. (a) A complete account certificate of representation for a NO X X (1) Identification of the NO X X (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO X X (3) A list of the owners and operators of the NO X X (4) The following certification statement by the NO X X X X X X X X X (5) The signature of the NO X X (b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. § 96.14 Objections concerning the NO X (a) Once a complete account certificate of representation under § 96.13 has been submitted and received, the permitting authority and the Administrator will rely on the account certificate of representation unless and until a superseding complete account certificate of representation under § 96.13 is received by the Administrator. (b) Except as provided in § 96.12(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NO X X X (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any NO X X Subpart C—Permits § 96.20 General NO X (a) For each NO X X (1) For NO X X (2) For NO X X (b) Each NO X X X § 96.21 Submission of NO X (a) Duty to apply. X X X (b)(1) For NO X (i) For any source, with one or more NO X X X X (ii) For any source, with any NO X X X X X (2) For NO X (i) For any source, with one or more NO X X X X (ii) For any source, with any NO X X X X X (c) Duty to reapply. X X X X X (2) For a NO X X X X X § 96.22 Information requirements for NO X A complete NO X X (a) Identification of the NO X (b) Identification of each NO X X X (c) The standard requirements under § 96.6; and (d) For each NO X X X (1) “I certify that each unit for which this permit application is submitted under subpart I of this part is not a NO X (2) If the application is for an initial NO X § 96.23 NO X (a) Each NO X X X (b) Each NO X X X X § 96.24 Effective date of initial NO X The initial NO X X X (a) May 1, 2003; (b) May 1 of the year in which the NO X (c) The date on which the NO X (d) May 1 of the year following the year in which the NO X § 96.25 NO X (a) For a NO X X (b) For a NO X X Subpart D—Compliance Certification § 96.30 Compliance certification report. (a) Applicability and deadline. X X X (b) Contents of report. X X (1) Identification of each NO X (2) At the NO X X (3) At the NO X X (4) The compliance certification under paragraph (c) of this section. (c) Compliance certification. X X X X X (1) Whether the unit was operated in compliance with the NO X (2) Whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit, and contains all information necessary to attribute NO X (3) Whether all the NO X (4) Whether the facts that form the basis for certification under subpart H of this part of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under subpart H of this part, if any, has changed; and (5) If a change is required to be reported under paragraph (c)(4) of this section, specify the nature of the change, the reason for the change, when the change occurred, and how the unit's compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification. § 96.31 Permitting authority's and Administrator's action on compliance certifications. (a) The permitting authority or the Administrator may review and conduct independent audits concerning any compliance certification or any other submission under the NO X (b) The Administrator may deduct NO X X Subpart E—NO X § 96.40 State trading program budget. The State trading program budget allocated by the permitting authority under § 96.42 for a control period will equal the total number of tons of NO X X § 96.41 Timing requirements for NO X (a) By September 30, 1999, the permitting authority will submit to the Administrator the NO X (b) By April 1, 2003 and April 1 of each year thereafter, the permitting authority will submit to the Administrator the NO X X X (c) By April 1, 2004 and April 1 of each year thereafter, the permitting authority will submit to the Administrator the NO X X § 96.42 NO X (a)(1) The heat input (in mmBtu) used for calculating NO X X (i) For a NO X (ii) For a NO X X (2) The unit's total heat input for the control period in each year specified under paragraph (a)(1) of this section will be determined in accordance with part 75 of this chapter if the NO X (b) For each control period under § 96.41, the permitting authority will allocate to all NO X X X (1) The permitting authority will allocate NO X X X (2) If the initial total number of NO X X X X X X X X X X (c) For each control period under § 96.41, the permitting authority will allocate to all NO X X X (1) The permitting authority will allocate NO X X X (2) If the initial total number of NO X X X X X X X X X X (d) For each control period under § 96.41, the permitting authority will allocate NO X X (1) The permitting authority will establish one allocation set-aside for each control period. Each allocation set-aside will be allocated NO X X X (2) The NO X X X X X X X (3) In a NO X X X X (4) In a NO X X X X (5) The permitting authority will review, and allocate NO X X (i) Upon receipt of the NO X (ii) If the allocation set-aside for the control period for which NO X X X X (iii) If the allocation set-aside for the control period for which NO X X X X (iv) Once an allocation set-aside for a control period has been depleted of all NO X X X X (6) Within 60 days of receipt of a NO X X X X (e) For a NO X X X X X X NO X X NO X X Where: “Unit's NO X X “Unit's actual control period utilization” is the utilization (in mmBtu), as defined in § 96.2, of the unit during the control period. (f) After making the deductions for compliance under § 96.54(b) or (e) for a control period, the Administrator will notify the permitting authority whether any NO X X X X Unit's share of NO X X X Where: “Total NO X X “Unit's NO X X “State trading program budget excluding allocation set-aside” is the State trading program budget under § 96.40 for the control period to which the allocation set-aside applies multiplied by 95 percent if the control period is in 2003, 2004, or 2005 or 98 percent if the control period is in any year thereafter, rounded to the nearest whole NO X [63 FR 57514, Oct. 27, 1998, as amended at 63 FR 71225, Dec. 24, 1998] Subpart F—NO X § 96.50 NO X (a) Nature and function of compliance accounts and overdraft accounts. X X X X (b) Nature and function of general accounts. § 96.51 Establishment of accounts. (a) Compliance accounts and overdraft accounts. (1) A compliance account for each NO X (2) An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NO X (b) General accounts. (i) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO X X (ii) At the option of the NO X (iii) A list of all persons subject to a binding agreement for the NO X X (iv) The following certification statement by the NO X X X X X (v) The signature of the NO X X (vi) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the account certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (2) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section: (i) The Administrator will establish a general account for the person or persons for whom the application is submitted. (ii) The NO X X X X X X X X (iii) Each submission concerning the general account shall be submitted, signed, and certified by the NO X X X X X X (iv) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(iii) of this section. (3)(i) An application for a general account may designate one and only one NO X X X X X X (ii) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section, any representation, action, inaction, or submission by any alternate NO X X (4)(i) The NO X X X (ii) The alternate NO X X X (iii)(A) In the event a new person having an ownership interest with respect to NO X X X (B) Within 30 days following any change in the persons having an ownership interest with respect to NO X X X X (5)(i) Once a complete application for a general account under paragraph (b)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (b)(1) of this section is received by the Administrator. (ii) Except as provided in paragraph (b)(4) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NO X X X X X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NO X X X (c) Account identification. § 96.52 NO X X (a) Following the establishment of a NO X X X (b) Authorized account representative identification. X § 96.53 Recordation of NO X (a) The Administrator will record the NO X X X X (b) Each year, after the Administrator has made all deductions from a NO X X X (c) Serial numbers for allocated NO X allowances. X X X § 96.54 Compliance. (a) NO X allowance transfer deadline. X X X (1) Were allocated for a control period in a prior year or the same year; and (2) Are held in the unit's compliance account, or the overdraft account of the source where the unit is located, as of the NO X X X (b) Deductions for compliance. X X X X (i) From the compliance account; and (ii) Only if no more NO X X X (2) The Administrator will deduct NO X (i) Until the number of NO X X X (ii) Until no more NO X (c)(1) Identification of NO X allowances by serial number. X X (2) First-in, first-out. X X (i) Those NO X (ii) Those NO X (iii) Those NO X (iv) Those NO X (d) Deductions for excess emissions. X (2) If the compliance account or overdraft account does not contain sufficient NO X X X (3) Any allowance deduction required under paragraph (d) of this section shall not affect the liability of the owners and operators of the NO X (i) For purposes of determining the number of days of violation, if a NO X (ii) Each ton of excess emissions is a separate violation. (e) Deductions for units sharing a common stack. (1) The NO X X X (2) Notwithstanding paragraph (b)(2)(i) of this section, the Administrator will deduct NO X X X (f) The Administrator will record in the appropriate compliance account or overdraft account all deductions from such an account pursuant to paragraphs (b), (d), or (e) of this section. § 96.55 Banking. (a) NO X (1) Any NO X X (2) The Administrator will designate, as a “banked” NO X X (b) Each year starting in 2004, after the Administrator has completed the designation of banked NO X X (1) The Administrator will determine the total number of banked NO X (2) If the total number of banked NO X X X (3) If the total number of banked NO X X (i) The Administrator will determine the following ratio: 0.10 multiplied by the sum of the State trading program budgets for the control period for the States in which NO X X (ii) The Administrator will multiply the number of banked NO X X X X X X (c) Any NO X X X (1) Each NO X X (2) NO X (3) Each NO X X X (4) The NO X X X (i) In the early reduction credit request, the NO X X (ii) The early reduction credit request must be submitted, in a format specified by the permitting authority, by October 31 of the year in which the NO X (5) The permitting authority will allocate NO X X (i) Upon receipt of each early reduction credit request, the permitting authority will accept the request only if the requirements of paragraphs (c)(1), (c)(3), and (c)(4)(ii) of this section are met and, if the request is accepted, will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirement of paragraphs (c)(2) and (4) of this section. (ii) If the State's compliance supplement pool has an amount of NO X X (iii) If the State's compliance supplement pool has a smaller amount of NO X X X Unit's allocated early reduction credits = [(Unit's adjusted early reduction credits) / (Total adjusted early reduction credits requested by all units)] × (Available NO X where: “Unit's adjusted early reduction credits” is the number of early reduction credits for the unit for 2001 and 2002 in accepted early reduction credit requests, as adjusted under paragraph (c)(5)(i) of this section. “Total adjusted early reduction credits requested by all units” is the number of early reduction credits for all units for 2001 and 2002 in accepted early reduction credit requests, as adjusted under paragraph (c)(5)(i) of this section. “Available NO X X (6) By May 1, 2003, the permitting authority will submit to the Administrator the allocations of NO X (7) NO X X (8) NO X § 96.56 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any NO X X § 96.57 Closing of general accounts. (a) The NO X X X X (b) If a general account shows no activity for a period of a year or more and does not contain any NO X X X X X Subpart G—NO X § 96.60 Submission of NO X The NO X X X (a) The numbers identifying both the transferor and transferee accounts; (b) A specification by serial number of each NO X (c) The printed name and signature of the NO X § 96.61 EPA recordation. (a) Within 5 business days of receiving a NO X X X (1) The transfer is correctly submitted under § 96.60; (2) The transferor account includes each NO X (3) The transfer meets all other requirements of this part. (b) A NO X X X X X (c) Where a NO X § 96.62 Notification. (a) Notification of recordation. X X (b) Notification of non-recordation. X X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a NO X Subpart H—Monitoring and Reporting § 96.70 General requirements. The owners and operators, and to the extent applicable, the NO X X X X (a) Requirements for installation, certification, and data accounting. X X (1) Install all monitoring systems required under this subpart for monitoring NO X X X (2) Install all monitoring systems for monitoring heat input, if required under § 96.76 for developing NO X (3) Successfully complete all certification tests required under § 96.71 and meet all other provisions of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraphs (a)(1) and (2) of this section. (4) Record, and report data from the monitoring systems under paragraphs (a)(1) and (2) of this section. (b) Compliance dates. (1) NO X (2) Except for NO X X (3) NO X (i) May 1, 2002; or (ii) The earlier of: (A) 180 days after the date on which the unit commences operation or, (B) For units under § 96.4(a)(1), 90 days after the date on which the unit commences commercial operation. (4) NO X (i) The earlier of: (A) 180 days after the date on which the unit commences operation or, (B) For units under § 96.4(a)(1), 90 days after the date on which the unit commences commercial operation. (ii) However, if the applicable deadline under paragraph (b)(4)(i) section does not occur during a control period, May 1; immediately following the date determined in accordance with paragraph (b)(4)(i) of this section. (5) For a NO X (i) 90 days after the date on which emissions first exit to the atmosphere through the new stack or flue; (ii) However, if the unit reports on a control season basis under § 96.74(d) and the applicable deadline under paragraph (b)(5)(i) of this section does not occur during the control period, May 1 immediately following the applicable deadline in paragraph (b)(5)(i) of this section. (6) For a unit for which an application for a NO X (c) Reporting data prior to initial certification. X (2) The owner or operator of a NO X X X X X (d) Prohibitions. X X (2) No owner or operator of a NO X X X (3) No owner or operator of a NO X X X (4) No owner or operator of a NO X X (i) During the period that the unit is covered by a retired unit exemption under § 96.5 that is in effect; (ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or (iii) The NO X § 96.71 Initial certification and recertification procedures. (a) The owner or operator of a NO X (1) If, prior to January 1, 1998, the Administrator approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO X X X (2) For any additional CEMS required under the common stack provisions in § 75.72 of this chapter, or for any NO X (b) The owner or operator of a NO X X X (1) Requirements for initial certification. (2) Requirements for recertification. X (3) Certification approval process for initial certifications and recertification Notification of certification. X (ii) Certification application. X (iii) Except for units using the low mass emission excepted methodology under § 75.19 of this chapter, the provisional certification date for a monitor shall be determined using the procedures set forth in § 75.20(a)(3) of this chapter. A provisionally certified monitor may be used under the NO X (iv) Certification application formal approval process. X (A) Approval notice. (B) Incomplete application notice. X X (C) Disapproval notice. (D) Audit decertification. (v) Procedures for loss of certification. (A) The owner or operator shall substitute the following values, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under § 75.20(a)(5)(i) of this chapter: ( 1 X X ( 2 X X X (B) The NO X (C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (c) Initial certification and recertification procedures for low mass emission units using the excepted methodologies under § 75.19 of this chapter. X (1) For units that are reporting on an annual basis under § 96.74(d); (i) For a unit that has commences operation before its compliance deadline under § 96.71(b), from January 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or (ii) For a unit that commences operation after its compliance deadline under § 96.71(b), the date of submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for permitting authority review, or (2) For units that are reporting on a control period basis under § 96.74(b)(3)(ii) of this part: (i) For a unit that commenced operation before its compliance deadline under § 96.71(b), where the certification application is submitted before May 1, from May 1 of the year of the submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or (ii) For a unit that commenced operation before its compliance deadline under § 96.71(b), where the certification application is submitted after May 1, from May 1 of the year following submission of the certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority review; or (iii) For a unit that commences operation after its compliance deadline under § 96.71(b), where the unit commences operation before May 1, from May 1 of the year that the unit commenced operation, until the completion of the period for the permitting authority's review. (iv) For a unit that has not operated after its compliance deadline under § 96.71(b), where the certification application is submitted after May 1, but before October 1st, from the date of submission of a certification application for approval to use the low mass emissions excepted methodology under § 75.19 of this chapter until the completion of the period for the permitting authority's review. (d) Certification/recertification procedures for alternative monitoring systems. X X X § 96.72 Out of control periods. (a) Whenever any monitoring system fails to meet the quality assurance requirements of appendix B of part 75 of this chapter, data shall be substituted using the applicable procedures in subpart D, appendix D, or appendix E of part 75 of this chapter. (b) Audit decertification. § 96.73 Notifications. The NO X X § 96.74 Recordkeeping and reporting. (a) General provisions. X (2) If the NO X X (b) Monitoring plans. (2) The owner or operator of a unit that is not subject to an Acid Rain emissions limitation shall comply with requirements of § 75.62 of this chapter, except that the monitoring plan is only required to include the information required by subpart H of part 75 of this chapter. (c) Certification applications. X (d) Quarterly reports. X (1) If a unit is subject to an Acid Rain emission limitation or if the owner or operator of the NO X X (i) For units that elect to comply with the early reduction credit provisions under § 96.55 of this part, the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii). Data shall be reported from the date and hour corresponding to the date and hour of provisional certification; or (ii) For units commencing operation prior to May 1, 2002 that are not required to certify monitors by May 1, 2000 under § 96.70(b)(1), the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1, 2002, the partial CALENDER quarter from May 1, 2002 through June 30, 2002. Data shall be recorded and reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour on May 1, 2002; or (iii) For a unit that commences operation after May 1, 2002, the calendar quarter in which the unit commences operation, Data shall be reported from the date and hour corresponding to when the unit commenced operation. (2) If a NO X X (i) Meet all of the requirements of part 75 related to monitoring and reporting NO X (ii) Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under § 75.74(d)(3) through September 30 of each year in accordance with the provisions of § 75.74(b) of this chapter. The NO X ( A ( B ( C ( D ( E (3) The NO X (i) For units subject to an Acid Rain Emissions limitation, quarterly reports shall include all of the data and information required in subpart H of part 75 of this chapter for each NO X (ii) For units not subject to an Acid Rain Emissions limitation, quarterly reports are only required to include all of the data and information required in subpart H of part 75 of this chapter for each NO X (4) Compliance certification. X (i) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and (ii) For a unit with add-on NO X X (iii) For a unit that is reporting on a control period basis under § 96.74(d) the NO X X X § 96.75 Petitions. (a) The NO X X (1) Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved by the Administrator, in consultation with the permitting authority. (2) Notwithstanding paragraph (a)(1) of this section, if the petition requests approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of § 75.72 of this chapter, the petition is governed by paragraph (b) of this section. (b) The NO X X (1) The NO X X X (2) Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent the petition under paragraph (b) of this section is approved by both the permitting authority and the Administrator. § 96.76 Additional requirements to provide heat input data for allocations purposes. (a) The owner or operator of a unit that elects to monitor and report NO X X (b) The owner or operator of a unit that monitor and report NO X X Subpart I—Individual Unit Opt-ins § 96.80 Applicability. A unit that is in the State, is not a NO X X X X § 96.81 General. Except otherwise as provided in this part, a NO X X § 96.82 NO X A unit for which an application for a NO X X X X X § 96.83 Applying for NO X (a) Applying for initial NO X X X (1) A complete NO X (2) A monitoring plan submitted in accordance with subpart H of this part; and (3) A complete account certificate of representation under § 96.13, if no NO X (b) Duty to reapply. X X X X § 96.84 Opt-in process. The permitting authority will issue or deny a NO X X (a) Interim review of monitoring plan. X X (b) If the permitting authority determines that the unit's monitoring plan is sufficient under paragraph (a) of this section and after completion of monitoring system certification under subpart H of this part, the NO X X X (c) Based on the information monitored and reported under paragraph (b) of this section, the unit's baseline heat rate shall be calculated as the unit's total heat input (in mmBtu) for the control period and the unit's baseline NO X X (d) After calculating the baseline heat input and the baseline NO X X X (e) Confirmation of intention to opt-in. X X X X (f) Issuance of draft NO X Budget opt-in permit. X X (g) Notwithstanding paragraphs (a) through (f) of this section, if at any time before issuance of a draft NO X X X (h) Withdrawal of application for NO X Budget opt-in permit. X X X X X X (i) Effective date. X X X X X § 96.85 NO X (a) Each NO X X X (b) Each NO X X X X X X § 96.86 Withdrawal from NO X (a) Requesting withdrawal. X X X (b) Conditions for withdrawal. X X X (1) For the control period immediately before the withdrawal is to be effective, the NO X (2) If the NO X X X X (3) After the requirements for withdrawal under paragraphs (b)(1) and (2) of this section are met, the Administrator will deduct from the NO X X X X X X X X X X (c) A NO X X X X X (d) Notification. X X X X (2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the permitting authority will issue a notification to the NO X X X X X X (e) Permit amendment. X X X X X (f) Reapplication upon failure to meet conditions of withdrawal. X X (g) Ability to return to the NO X X X X X X X § 96.87 Change in regulatory status. (a) Notification. X X X X (b) Permitting authority's and Administrator's action. X X X X X X X (ii)(A) The Administrator will deduct from the compliance account for the NO X X X ( 1 X X X X ( 2 X X X X (B) The NO X X X X X X X (iii)(A) For every control period during which the NO X X X X X (B) Notwithstanding paragraph (b)(1)(iii)(A) of this section, if the effective date of the NO X X X X X (2)(i) When the NO X X X X X X X X X X X X X X X X X X (ii) After the deduction under paragraph (b)(2)(i) of this section is completed, the Administrator will close the NO X X X X X X X § 96.88 NO X (a) NO X allowance allocation. X X X (2) By no later than December 31, after the first control period for which the NO X X X (b) For each control period for which the NO X X X X (1) The heat input (in mmBtu) used for calculating NO X (i) The NO X (ii) The NO X X (2) The permitting authority will allocate NO X X (i) The NO X X (ii) The most stringent State or Federal NO X X Subpart J—Mobile and Area Sources [Reserved] Subparts K-Z [Reserved] Subpart AA—CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.101 Purpose. This subpart and subparts BB through II establish the model rule comprising general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the State Clean Air Interstate Rule (CAIR) NO X X § 96.102 Definitions. The terms used in this subpart and subparts BB through II shall have the meanings set forth in this section as follows: Account number X Acid Rain emissions limitation Acid Rain Program Administrator Allocate allocation X X X Allowance transfer deadline X X X Alternate CAIR designated representative X X X X 2 2 X X X X X Automated data acquisition and handling system DAHS Biomass (1) Any organic material grown for the purpose of being converted to energy; (2) Any organic byproduct of agriculture that can be converted into energy; or (3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is; (i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or (ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings. Boiler Bottoming-cycle cogeneration unit CAIR authorized account representative X CAIR designated representative X X X X 2 2 X X X X X CAIR NO X allowance X X CAIR NO X allowance deduction deduct CAIR NO X allowances X e.g., X X CAIR NO X Allowance Tracking System X X CAIR NO X Allowance Tracking System account X X CAIR NO X allowances held hold CAIR NO X allowances X X CAIR NO X Annual Trading Program CAIR NO X emissions limitation X X X CAIR NO X Ozone Season source X CAIR NO X Ozone Season Trading Program CAIR NO X source X CAIR NO X unit X X CAIR permit X X X CAIR SO 2 source 2 CAIR SO 2 Trading Program Clean Air Act CAA et seq. Coal Coal-derived fuel Coal-fired means: (1) Except for purposes of subpart EE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year; or (2) For purposes of subpart EE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during a specified year. Cogeneration unit (1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and (2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity— (i) For a topping-cycle cogeneration unit, (A) Useful thermal energy not less than 5 percent of total energy output; and (B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output. (ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input; (3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit's total energy input from all fuel except biomass if the unit is a boiler. Combustion turbine (1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and (2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine. Commence commercial operation means (1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 96.105 and § 96.184(h). (i) For a unit that is a CAIR NO X (ii) For a unit that is a CAIR NO X e.g., (2) Notwithstanding paragraph (1) of this definition and except as provided in § 96.105, for a unit that is not a CAIR NO X X (i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. (ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source ( e.g., Commence operation means: (1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber, except as provided in § 96.184(h). (2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit. (3) For a unit that is replaced by a unit at the same source ( e.g., Compliance account X X X X X X Continuous emission monitoring system CEMS (1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh); (2) A nitrogen oxides concentration monitoring system, consisting of a NO X X (3) A nitrogen oxides emission rate (or NO X X 2 2 X 2 2 X (4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 (5) A carbon dioxide monitoring system, consisting of a CO 2 2 2 2 (6) An oxygen monitoring system, consisting of an O 2 2 2 Control period Emissions Excess emissions X X X Fossil fuel Fossil-fuel-fired Fuel oil General account X Generator Gross electrical output Heat input Heat input rate Hg Budget Trading Program Life-of-the-unit, firm power contractual arrangement (1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. Maximum design heat input Monitoring system Most stringent State or Federal NO X emissions limitation X Nameplate capacity Oil-fired Operator X X Owner (1) With regard to a CAIR NO X X (i) Any holder of any portion of the legal or equitable title in a CAIR NO X X (ii) Any holder of a leasehold interest in a CAIR NO X X (iii) Any purchaser of power from a CAIR NO X X X (2) With regard to any general account, any person who has an ownership interest with respect to the CAIR NO X X Permitting authority X Potential electrical output capacity Receive or receipt of Recordation record recorded X X X Reference method Replacement replace replaced Repowered (1) Atmospheric or pressurized fluidized bed combustion; (2) Integrated gasification combined cycle; (3) Magnetohydrodynamics; (4) Direct and indirect coal-fired turbines; (5) Integrated gasification fuel cells; or (6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005. Serial number X X Sequential use of energy (1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or (2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production. Solid waste incineration unit Source State X Submit or serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Title V operating permit Title V operating permit regulations Ton X Topping-cycle cogeneration unit Total energy input LHV = HHV − 10.55(W + 9H) Where: LHV = lower heating value of fuel in Btu/lb, HHV = higher heating value of fuel in Btu/lb, W = Weight % of moisture in fuel, and H = Weight % of hydrogen in fuel. Total energy output Unit Unit operating day Unit operating hour hour of unit operation Useful power Useful thermal energy (1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water; (2) Used in a heating application ( e.g. (3) Used in a space cooling application ( i.e., Utility power distribution system [70 FR 25339, May 12, 2005, as amended at 71 FR 25380, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006; 72 FR 59205, Oct. 19, 2007] § 96.103 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart and subparts BB through II are defined as follows: Btu—British thermal unit. CO 2 H 2 Hg—mercury hr—hour kW—kilowatt electrical kWh—kilowatt hour lb—pound mmBtu—million Btu MWe—megawatt electrical MWh—megawatt hour NO X O2—oxygen ppm—parts per million scfh—standard cubic feet per hour SO 2 yr—year [71 FR 25381, Apr. 28, 2006] § 96.104 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State shall be CAIR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR NO X X (b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR NO X (1)(i) Any unit that is a CAIR NO X (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and (B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO X (2)(i) Any unit that is a CAIR NO X (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (ii) Any unit that is a CAIR NO X (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO X [71 FR 25382, Apr. 28, 2006] § 96.105 Retired unit exemption. (a)(1) Any CAIR NO X X X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR NO X (3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section. (b) Special provisions. (2) The permitting authority will allocate CAIR NO X (3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired. (4) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR NO X (5) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 96.122 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the unit resumes operation. (6) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption: (i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(5) of this section; (ii) The date on which the CAIR designated representative is required under paragraph (b)(5) of this section to submit a CAIR permit application for the unit; or (iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit. (7) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation. [70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.106 Standard requirements. (a) Permit requirements. X X (i) Submit to the permitting authority a complete CAIR permit application under § 96.122 in accordance with the deadlines specified in § 96.121; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit. (2) The owners and operators of each CAIR NO X X (3) Except as provided in subpart II of this part, the owners and operators of a CAIR NO X X X X (b) Monitoring, reporting, and recordkeeping requirements. X X (2) The emissions measurements recorded and reported in accordance with subpart HH of this part shall be used to determine compliance by each CAIR NO X X (c) Nitrogen oxides emission requirements. X X X X (2) A CAIR NO X (3) A CAIR NO X X (4) CAIR NO X X (5) A CAIR NO X X X (6) A CAIR NO X (7) Upon recordation by the Administrator under subpart EE, FF, GG, or II of this part, every allocation, transfer, or deduction of a CAIR NO X X (d) Excess emissions requirements. X X (1) The owners and operators of the source and each CAIR NO X X (2) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart, the Clean Air Act, and applicable State law. (e) Recordkeeping and reporting requirements. X X (i) The certificate of representation under § 96.113 for the CAIR designated representative for the source and each CAIR NO X (ii) All emissions monitoring information, in accordance with subpart HH of this part, provided that to the extent that subpart HH of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR NO X (iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO X X (2) The CAIR designated representative of a CAIR NO X X X (f) Liability. X X X (2) Any provision of the CAIR NO X X X X (3) Any provision of the CAIR NO X X X (g) Effect on other authorities. X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006] § 96.107 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CAIR NO X (b) Unless otherwise stated, any time period scheduled, under the CAIR NO X (c) Unless otherwise stated, if the final day of any time period, under the CAIR NO X § 96.108 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR NO X Subpart BB—CAIR Designated Representative for CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.110 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 96.111, each CAIR NO X X X X (b) The CAIR designated representative of the CAIR NO X X (c) Upon receipt by the Administrator of a complete certificate of representation under § 96.113, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NO X X X (d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NO X X X (e)(1) Each submission under the CAIR NO X X (2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR NO X X § 96.111 Alternate CAIR designated representative. (a) A certificate of representation under § 96.113 may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation under § 96.113, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative. (c) Except in this section and §§ 96.102, 96.110(a) and (d), 96.112, 96.113, 96.115, 96.151, and 96.182, whenever the term “CAIR designated representative” is used in subparts AA through II of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative. [70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006] § 96.112 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators. (a) Changing CAIR designated representative. X X (b) Changing alternate CAIR designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days following any change in the owners and operators of a CAIR NO X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006] § 96.113 Certificate of representation. (a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CAIR NO X X (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative. (3) A list of the owners and operators of the CAIR NO X X (4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative— (i) “I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO X X (iii) “I certify that the owners and operators of the source and of each CAIR NO X (iv) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NO X X X X X X X X (5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed. (b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. [70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006] § 96.114 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 96.113 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 96.113 is received by the Administrator. (b) Except as provided in § 96.112(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR NO X (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR NO X § 96.115 Delegation by CAIR designated representative and alternate CAIR designated representative. (a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.115(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.115(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.115 is terminated.” (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. [71 FR 25382, Apr. 28, 2006, as amended at 71 FR 74794, Dec. 13, 2006] Subpart CC—Permits Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.120 General CAIR NO X (a) For each CAIR NO X (b) Each CAIR permit shall contain, with regard to the CAIR NO X X X X 2 [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006] § 96.121 Submission of CAIR permit applications. (a) Duty to apply. X X X (b) Duty to Reapply. X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006] § 96.122 Information requirements for CAIR permit applications. A complete CAIR permit application shall include the following elements concerning the CAIR NO X (a) Identification of the CAIR NO X (b) Identification of each CAIR NO X X (c) The standard requirements under § 96.106. § 96.123 CAIR permit contents and term. (a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under § 96.122. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 96.102 and, upon recordation by the Administrator under subpart EE, FF, GG, or II of this part, every allocation, transfer, or deduction of a CAIR NO X X (c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NO X [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006] § 96.124 CAIR permit revisions. Except as provided in § 96.123(b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions. Subpart DD [Reserved] Subpart EE—CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.140 State trading budgets. The State trading budgets for annual allocations of CAIR NO X State State trading budget for 2009-2014 (tons) State trading budget for 2015 and thereafter (tons) Alabama 69,020 57,517 Delaware 4,166 3,472 District of Columbia 144 120 Florida 99,445 82,871 Georgia 66,321 55,268 Illinois 76,230 63,525 Indiana 108,935 90,779 Iowa 32,692 27,243 Kentucky 83,205 69,337 Louisiana 35,512 29,593 Maryland 27,724 23,104 Michigan 65,304 54,420 Minnesota 31,443 26,203 Mississippi 17,807 14,839 Missouri 59,871 49,892 New Jersey 12,670 10,558 New York 45,617 38,014 North Carolina 62,183 51,819 Ohio 108,667 90,556 Pennsylvania 99,049 82,541 South Carolina 32,662 27,219 Tennessee 50,973 42,478 Texas 181,014 150,845 Virginia 36,074 30,062 West Virginia 74,220 61,850 Wisconsin 40,759 33,966 [70 FR 25339, May 12, 2005, as amended at 71 FR 25302, Apr. 28, 2006] § 96.141 Timing requirements for CAIR NO X (a) By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NO X (b) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X (c) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006] § 96.142 CAIR NO X (a)(1) The baseline heat input (in mmBtu) used with respect to CAIR NO X X (i) For units commencing operation before January 1, 2001 the average of the 3 highest amounts of the unit's adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as follows: (A) If the unit is coal-fired during the year, the unit's control period heat input for such year is multiplied by 100 percent; (B) If the unit is oil-fired during the year, the unit's control period heat input for such year is multiplied by 60 percent; and (C) If the unit is not subject to paragraph (a)(1)(i)(A) or (B) of this section, the unit's control period heat input for such year is multiplied by 40 percent. (ii) For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's total converted control period heat input over the first such 5 years. (2)(i) A unit's control period heat input, and a unit's status as coal-fired or oil-fired, for a calendar year under paragraph (a)(1)(i) of this section, and a unit's total tons of NO X (ii) A unit's converted control period heat input for a calendar year specified under paragraph (a)(1)(ii) of this section equals: (A) Except as provided in paragraph (a)(2)(ii)(B) or (C) of this section, the control period gross electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/kWh, if the unit is coal-fired for the year, or 6,675 Btu/kWh, if the unit is not coal-fired for the year, and divided by 1,000,000 Btu/mmBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the generator will be attributed to each unit in proportion to the unit's share of the total control period heat input of such units for the year; (B) For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy (in Btu) of the steam produced by the boiler during the control period, divided by 0.8 and by 1,000,000 Btu/mmBtu; or (C) For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor, combustor, and turbine multiplied by 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/mmBtu. (b)(1) For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NO X X X (2) The permitting authority will allocate CAIR NO X X X X X (c) For each control period in 2009 and thereafter, the permitting authority will allocate CAIR NO X X X X (1) The permitting authority will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO X X (2) The CAIR designated representative of such a CAIR NO X X X X X X X (3) In a CAIR NO X X X X (4) The permitting authority will review each CAIR NO X X (i) The permitting authority will accept an allowance allocation request only if the request meets, or is adjusted by the permitting authority as necessary to meet, the requirements of paragraphs (c)(2) and (3) of this section. (ii) On or after May 1 of the control period, the permitting authority will determine the sum of the CAIR NO X (iii) If the amount of CAIR NO X X X (iv) If the amount of CAIR NO X X X X (v) The permitting authority will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO X X (d) If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any unallocated CAIR NO X X X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006] § 96.143 Compliance supplement pool. (a) In addition to the CAIR NO X X X State Compliance Alabama 10,166 Delaware 843 District Of Columbia 0 Florida 8,335 Georgia 12,397 Illinois 11,299 Indiana 20,155 Iowa 6,978 Kentucky 14,935 Louisiana 2,251 Maryland 4,670 Michigan 8,347 Minnesota 6,528 Mississippi 3,066 Missouri 9,044 New Jersey 660 New York 0 North Carolina 0 Ohio 25,037 Pennsylvania 16,009 South Carolina 2,600 Tennessee 8,944 Texas 772 Virginia 5,134 West Virginia 16,929 Wisconsin 4,898 (b) For any CAIR NO X X X (1) The owners and operators of such CAIR NO X X (2) The CAIR designated representative of such CAIR NO X X X (c) For any CAIR NO X X X (1) The CAIR designated representative of such CAIR NO X X X (2) In the request under paragraph (c)(1) of this section, the CAIR designated representative of such CAIR NO X X X (i) Obtain a sufficient amount of electricity from other electricity generation facilities, during the installation of control technology at the unit for compliance with the CAIR NO X (ii) Obtain under paragraphs (b) and (d) of this section, or otherwise obtain, a sufficient amount of CAIR NO X (d) The permitting authority will review each request under paragraph (b) or (c) of this section submitted by May 1, 2009 and will allocate CAIR NO X X (1) Upon receipt of each such request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the CAIR NO X (2) If the State's compliance supplement pool under paragraph (a) of this section has an amount of CAIR NO X X X X (3) If the State's compliance supplement pool under paragraph (a) of this section has a smaller amount of CAIR NO X X X X Unit's allocation = Unit's adjusted allocation × (State's compliance supplement pool ÷ Total adjusted allocations for all units) Where: ‘Unit's allocation’ is the amount of CAIR NO X X X (4) By November 30, 2009, the permitting authority will determine, and submit to the Administrator, the allocations under paragraph (d)(2) or (3)of this section. (5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section. [70 FR 25339, May 12, 2005, as amended at 71 FR 25302, 25383, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] Subpart FF—CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.150 [Reserved] § 96.151 Establishment of accounts. (a) Compliance accounts. X (b) General accounts Application for general account. X (ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative; (B) Organization name and type of organization, if applicable; (C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR NO X (D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: “I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CAIR NO X X (E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed. (iii) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (2) Authorization of CAIR authorized account representative and alternate CAIR authorized account representative. (A) The Administrator will establish a general account for the person or persons for whom the application is submitted. (B) The CAIR authorized account representative and any alternate CAIR authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CAIR NO X X (C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be deemed to be a representation, action, inaction, or submission by the CAIR authorized account representative. (ii) Each submission concerning the general account shall be submitted, signed, and certified by the CAIR authorized account representative or any alternate CAIR authorized account representative for the persons having an ownership interest with respect to CAIR NO X X (iii) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(ii) of this section. (3) Changing CAIR authorized account representative and alternate CAIR authorized account representative; changes in persons with ownership interest. X (ii) The alternate CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR NO X (iii)(A) In the event a person having an ownership interest with respect to CAIR NO X (B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NO X X (4) Objections concerning CAIR authorized account representative and alternate CAIR authorized account representative. (ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR NO X (5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FF and GG of this part. (iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative; (B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.151(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.151 (b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.151 (b)(5) is terminated.” (iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. (c) Account identification. [70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.152 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR NO X X § 96.153 Recordation of CAIR NO X (a) By September 30, 2007, the Administrator will record in the CAIR NO X X X (b) By December 1, 2009, the Administrator will record in the CAIR NO X X X (c) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (d) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (e) Serial numbers for allocated CAIR NO X allowances. X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006] § 96.154 Compliance with CAIR NO X (a) Allowance transfer deadline. X X X (1) Were allocated for the control period in the year or a prior year; and (2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR NO X (b) Deductions for compliance. X X X (1) Until the amount of CAIR NO X X (2) If there are insufficient CAIR NO X X (c)(1) Identification of CAIR NO X allowances by serial number. X X (2) First-in, first-out. X X (i) Any CAIR NO X (ii) Any CAIR NO X (d) Deductions for excess emissions. X X (2) Any allowance deduction required under paragraph (d)(1) of this section shall not affect the liability of the owners and operators of the CAIR NO X X (e) Recordation of deductions. (f) Administrator's action on submissions. X (2) The Administrator may deduct CAIR NO X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006] § 96.155 Banking. (a) CAIR NO X (b) Any CAIR NO X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006] § 96.156 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR NO X § 96.157 Closing of general accounts. (a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under §§ 96.160 and 96.161 for any CAIR NO X X (b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR NO X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006] Subpart GG—CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.160 Submission of CAIR NO X A CAIR authorized account representative seeking recordation of a CAIR NO X X (a) The account numbers for both the transferor and transferee accounts; (b) The serial number of each CAIR NO X (c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed. § 96.161 EPA recordation. (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CAIR NO X X X (1) The transfer is correctly submitted under § 96.160; and (2) The transferor account includes each CAIR NO X (b) A CAIR NO X X (c) Where a CAIR NO X § 96.162 Notification. (a) Notification of recordation. X (b) Notification of non-recordation. X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a CAIR NO X Subpart HH—Monitoring and Reporting Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.170 General requirements. The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NO X X X X (a) Requirements for installation, certification, and data accounting. X (1) Install all monitoring systems required under this subpart for monitoring NO X X X 2 2 (2) Successfully complete all certification tests required under § 96.171 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and (3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section. (b) Compliance deadlines. (1) For the owner or operator of a CAIR NO X (2) For the owner or operator of a CAIR NO X (i) January 1, 2008; or (ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation. (3) For the owner or operator of a CAIR NO X X X (4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, by the date specified in § 96.184(b). (5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR NO X X X (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CAIR NO X X (3) No owner or operator of a CAIR NO X X (4) No owner or operator of a CAIR NO X (i) During the period that the unit is covered by an exemption under § 96.105 that is in effect; (ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or (iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 96.171(d)(3)(i). (e) Long-term cold storage. X [70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006] § 96.171 Initial certification and recertification procedures. (a) The owner or operator of a CAIR NO X (1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and (2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendix B, appendix D, and appendix E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section. (b) The recertification provisions of this section shall apply to a monitoring system under § 96.170(a)(1) exempt from initial certification requirements under paragraph (a) of this section. (c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO X X (d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR NO X i.e. (1) Requirements for initial certification. (2) Requirements for recertification. X X (3) Approval process for initial certification and recertification. (i) Notification of certification. (ii) Certification application. (iii) Provisional certification date. X (iv) Certification application approval process. X (A) Approval notice. (B) Incomplete application notice. (C) Disapproval notice. (D) Audit decertification. X (v) Procedures for loss of certification. (A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter: ( 1 X i.e. X X ( 2 X X ( 3 2 2 ( 4 ( 5 X X (B) The CAIR designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section. (C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) Initial certification and recertification procedures for units using the low mass emission excepted methodology under § 75.19 of this chapter. (f) Certification/recertification procedures for alternative monitoring systems. [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.172 Out of control periods. (a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter. (b) Audit decertification. X § 96.173 Notifications. The CAIR designated representative for a CAIR NO X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.174 Recordkeeping and reporting. (a) General provisions. (b) Monitoring Plans. X (c) Certification Applications. (d) Quarterly reports. (1) The CAIR designated representative shall report the NO X X (i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering January 1, 2008 through March 31, 2008; (ii) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.170(b), unless that quarter is the third or fourth quarter of 2007, in which case reporting shall commence in the quarter covering January 1, 2008 through March 31, 2008; (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, the calendar quarter corresponding to the date specified in § 96.184(b); and (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR NO X X X (2) The CAIR designated representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter. (3) For CAIR NO X X 2 X (e) Compliance certification. (1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and (2) For a unit with add-on NO X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.175 Petitions. (a) Except as provided in paragraph (b)(2) of this section, the CAIR designated representative of a CAIR NO X (b)(1) The CAIR designated representative of a CAIR NO X (2) The CAIR designated representative of a CAIR NO X Subpart II—CAIR NO X Source: 70 FR 25339, May 12, 2005, unless otherwise noted. § 96.180 Applicability. A CAIR NO X (a) Is located in the State; (b) Is not a CAIR NO X (c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HH of this part. § 96.181 General. (a) Except as otherwise provided in §§ 96.101 through 96.104, §§ 96.106 through 96.108, and subparts BB and CC and subparts FF through HH of this part, a CAIR NO X X (b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HH of this part to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR NO X § 96.182 CAIR designated representative. Any CAIR NO X X X § 96.183 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. X (1) A complete CAIR permit application under § 96.122; (2) A certification, in a format specified by the permitting authority, that the unit: (i) Is not a CAIR NO X (ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (iii) Vents all of its emissions to a stack, and (iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 96.122; (3) A monitoring plan in accordance with subpart HH of this part; (4) A complete certificate of representation under § 96.113 consistent with § 96.182, if no CAIR designated representative has been previously designated for the source that includes the unit; and (5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NO X (b) Duty to reapply. X (2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO X X X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.184 Opt-in process. The permitting authority will issue or deny a CAIR opt-in permit for a unit for which an initial application for a CAIR opt-in permit under § 96.183 is submitted in accordance with the following: (a) Interim review of monitoring plan. X (b) Monitoring and reporting. X X (ii) The monitoring and reporting under paragraph (b)(1)(i) of this section shall include the entire control period immediately before the date on which the unit enters the CAIR NO X (2) To the extent the NO X X (c) Baseline heat input. (1) If the unit's NO X (2) If the unit's NO X (d) Baseline NO X emission rate. X (1) If the unit's NO X X (2) If the unit's NO X X X (3) If the unit's NO X X X X (e) Issuance of CAIR opt-in permit. X X X (f) Issuance of denial of CAIR opt-in permit. X (g) Date of entry into CAIR NO X Annual Trading Program. X X (h) Repowered CAIR NO X opt-in unit. X X X X X (2) Notwithstanding paragraphs (c) and (d) of this section, as of the date of start-up under paragraph (h)(1) of this section, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline NO X X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.185 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 96.122; (2) The certification in § 96.183(a)(2); (3) The unit's baseline heat input under § 96.184(c); (4) The unit's baseline NO X (5) A statement whether the unit is to be allocated CAIR NO X (6) A statement that the unit may withdraw from the CAIR NO X (7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 96.187. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 96.102 and, upon recordation by the Administrator under subpart FF or GG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO X X (c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NO X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.186 Withdrawal from CAIR NO X Except as provided under paragraph (g) of this section, a CAIR NO X X X X (a) Requesting withdrawal. X X X X (b) Conditions for withdrawal. X X (1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO X X (2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR NO X X X X X X X X X (c) Notification. X X X (2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the permitting authority will issue a notification to the CAIR designated representative of the CAIR NO X X X X (d) Permit amendment. X X X X (e) Reapplication upon failure to meet conditions of withdrawal. X (f) Ability to reapply to the CAIR NO X Annual Trading Program. X X X (g) Inability to withdraw. X X X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] § 96.187 Change in regulatory status. (a) Notification. X X X (b) Permitting authority's and Administrator's actions. X X X X X (2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO X X X (A) Any CAIR NO X X X X (B) If the date on which the CAIR NO X X X X X X X X (ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO X X X (3)(i) For every control period after the date on which the CAIR NO X X X X (ii) If the date on which the CAIR NO X X X X X X X (A) The amount of CAIR NO X X X (B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO X X (C) Rounded to the nearest whole allowance as appropriate. [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.188 CAIR NO X X (a) Timing requirements. X X X X (2) By no later than October 31 of the control period after the control period in which a CAIR NO X X X X X (b) Calculation of allocation. X X (1) The heat input (in mmBtu) used for calculating the CAIR NO X (i) The CAIR NO X (ii) The CAIR NO X X X (2) The NO X X (i) The CAIR NO X X (ii) The most stringent State or Federal NO X X X (3) The permitting authority will allocate CAIR NO X X X (c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under § 96.183(a)(5)) providing for, allocation to a CAIR NO X X X (1) For each control period in 2009 through 2014 for which the CAIR NO X X (i) The heat input (in mmBtu) used for calculating CAIR NO X (ii) The NO X X (A) The CAIR NO X X (B) The most stringent State or Federal NO X X X X (iii) The permitting authority will allocate CAIR NO X X X (2) For each control period in 2015 and thereafter for which the CAIR NO X X (i) The heat input (in mmBtu) used for calculating the CAIR NO X (ii) The NO X X (A) 0.15 lb/mmBtu; (B) The CAIR NO X X (C) The most stringent State or Federal NO X X X (iii) The permitting authority will allocate CAIR NO X X X (d) Recordation. X X X (2) By December 1 of the control period in which a CAIR NO X X X X X [70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006] Subparts JJ-ZZ [Reserved] Subpart AAA—CAIR SO 2 Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.201 Purpose. This subpart and subparts BBB through III establish the model rule comprising general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the State Clean Air Interstate Rule (CAIR) SO 2 2 § 96.202 Definitions. The terms used in this subpart and subparts BBB through III shall have the meanings set forth in this section as follows: Account number 2 Acid Rain emissions limitation Acid Rain Program Administrator Allocate allocation 2 2 2 2 2 2 Allowance transfer deadline 2 2 2 Alternate CAIR designated representative 2 2 2 2 X X 2 X X 2 2 Automated data acquisition and handling system DAHS Biomass (1) Any organic material grown for the purpose of being converted to energy; (2) Any organic byproduct of agriculture that can be converted into energy; or (3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is; (i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or (ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings. Boiler Bottoming-cycle cogeneration unit CAIR authorized account representative 2 CAIR designated representative 2 2 2 2 X X 2 X X 2 2 CAIR NO X Annual Trading Program CAIR NO X Ozone Season source X CAIR NO X Ozone Season Trading Program CAIR NO X source X CAIR permit 2 2 2 CAIR SO 2 allowance 2 (1) For one CAIR SO 2 (2) For one CAIR SO 2 (3) For one CAIR SO 2 An authorization to emit sulfur dioxide that is not issued under the Acid Rain Program or under the provisions of a State implementation plan that is approved under § 51.124(o)(1) or (2) of this chapter shall not be a CAIR SO 2 CAIR SO 2 allowance deduction deduct CAIR SO 2 allowances 2 e.g., 2 2 CAIR SO 2 Allowance Tracking System 2 2 2 CAIR SO 2 Allowance Tracking System account 2 2 CAIR SO 2 allowances held hold CAIR SO 2 allowances 2 2 CAIR SO 2 emissions limitation 2 2 2 CAIR SO 2 source 2 CAIR SO 2 Trading Program CAIR SO 2 unit 2 2 Clean Air Act CAA et seq. Coal Coal-derived fuel Coal-fired Cogeneration unit (1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and (2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity— (i) For a topping-cycle cogeneration unit, (A) Useful thermal energy not less than 5 percent of total energy output; and (B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output. (ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input; (3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit's total energy input from all fuel except biomass if the unit is a boiler. Combustion turbine means: (1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and (2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine. Commence commercial operation (1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 96.205 and § 96.284(h). (i) For a unit that is a CAIR SO 2 (ii) For a unit that is a CAIR SO 2 e.g., (2) Notwithstanding paragraph (1) of this definition and except as provided in § 96.205, for a unit that is not a CAIR SO 2 2 (i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. (ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source ( e.g., Commence operation (1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber, except as provided in § 96.284(h). (2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit. (3) For a unit that is replaced by a unit at the same source ( e.g., Compliance account 2 2 2 2 2 2 2 Continuous emission monitoring system CEMS (1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh); (2) A sulfur dioxide monitoring system, consisting of a SO 2 2 (3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 (4) A carbon dioxide monitoring system, consisting of a CO 2 2 2 2 (5) An oxygen monitoring system, consisting of an O 2 2 2 Control period Emissions Excess emissions 2 2 2 Fossil fuel Fossil-fuel-fired General account 2 Generator Heat input Heat input rate Hg Budget Trading Program Life-of-the-unit, firm power contractual arrangement (1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. Maximum design heat input Monitoring system Most stringent State or Federal SO 2 emissions limitation 2 Nameplate capacity Operator 2 2 Owner (1) With regard to a CAIR SO 2 2 (i) Any holder of any portion of the legal or equitable title in a CAIR SO 2 2 (ii) Any holder of a leasehold interest in a CAIR SO 2 2 (iii) Any purchaser of power from a CAIR SO 2 2 2 (2) With regard to any general account, any person who has an ownership interest with respect to the CAIR SO 2 2 Permitting authority 2 Potential electrical output capacity Receive or receipt of Recordation, record, recorded 2 2 2 Reference method Replacement, replace, replaced Repowered (1) Atmospheric or pressurized fluidized bed combustion; (2) Integrated gasification combined cycle; (3) Magnetohydrodynamics; (4) Direct and indirect coal-fired turbines; (5) Integrated gasification fuel cells; or (6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005. Serial number 2 2 Sequential use of energy (1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or (2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production. Solid waste incineration unit Source State 2 Submit or serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Title V operating permit Title V operating permit regulations Ton 2 Topping-cycle cogeneration unit Total energy input LHV = HHV−10.55(W + 9H) Where: LHV = lower heating value of fuel in Btu/lb, HHV = higher heating value of fuel in Btu/lb, W = Weight % of moisture in fuel, and H = Weight % of hydrogen in fuel. Total energy output Unit Unit operating day Unit operating hour hour of unit operation Useful power Useful thermal energy (1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water; (2) Used in a heating application ( e.g. (3) Used in a space cooling application ( i.e. Utility power distribution system [70 FR 25362, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006; 72 FR 59206, Oct. 19, 2007] § 96.203 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart and subparts BBB through III are defined as follows: Btu—British thermal unit CO 2 H 2 Hg—mercury hr—hour kW—kilowatt electrical kWh—kilowatt hour lb—pound mmBtu—million Btu MWe—megawatt electrical MWh—megawatt hour NO X O 2 ppm—parts per million scfh—standard cubic feet per hour SO 2 yr—year [71 FR 25387, Apr. 28, 2006] § 96.204 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State shall be CAIR SO 2 2 (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR SO 2 2 (b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR SO 2 (1)(i) Any unit that is a CAIR SO 2 (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and (B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR SO 2 (2)(i) Any unit that is a CAIR SO 2 (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (ii) Any unit that is a CAIR SO 2 (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR SO 2 [71 FR 25387, Apr. 28, 2006] § 96.205 Retired unit exemption. (a)(1) Any CAIR SO 2 2 2 (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR SO 2 (3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CCC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section. (b) Special provisions. (2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired. (3) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR SO 2 (4) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 96.222 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2010 or the date on which the unit resumes operation. (5) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption: (i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(4) of this section; (ii) The date on which the CAIR designated representative is required under paragraph (b)(4) of this section to submit a CAIR permit application for the unit; or (iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit. (6) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HHH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation. [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.206 Standard requirements. (a) Permit requirements. 2 2 (i) Submit to the permitting authority a complete CAIR permit application under § 96.222 in accordance with the deadlines specified in § 96.221; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit. (2) The owners and operators of each CAIR SO 2 2 (3) Except as provided in subpart III of this part, the owners and operators of a CAIR SO 2 2 2 2 (b) Monitoring, reporting, and recordkeeping requirements. 2 2 (2) The emissions measurements recorded and reported in accordance with subpart HHH of this part shall be used to determine compliance by each CAIR SO 2 2 (c) Sulfur dioxide emission requirements. 2 2 2 2 (2) A CAIR SO 2 (3) A CAIR SO 2 2 (4) CAIR SO 2 2 (5) A CAIR SO 2 2 2 (6) A CAIR SO 2 (7) Upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO 2 2 (d) Excess emissions requirements 2 2 (1) The owners and operators of the source and each CAIR SO 2 2 (2) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart, the Clean Air Act, and applicable State law. (e) Recordkeeping and reporting requirements. 2 2 (i) The certificate of representation under § 96.213 for the CAIR designated representative for the source and each CAIR SO 2 (ii) All emissions monitoring information, in accordance with subpart HHH of this part, provided that to the extent that subpart HHH of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR SO 2 (iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR SO 2 2 (2) The CAIR designated representative of a CAIR SO 2 2 2 (f) Liability. 2 2 2 (2) Any provision of the CAIR SO 2 2 2 2 (3) Any provision of the CAIR SO 2 2 2 (g) Effect on other authorities. 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.207 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CAIR SO 2 (b) Unless otherwise stated, any time period scheduled, under the CAIR SO 2 (c) Unless otherwise stated, if the final day of any time period, under the CAIR SO 2 § 96.208 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR SO 2 Subpart BBB—CAIR Designated Representative for CAIR SO 2 Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.210 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 96.211, each CAIR SO 2 2 2 2 (b) The CAIR designated representative of the CAIR SO 2 2 (c) Upon receipt by the Administrator of a complete certificate of representation under § 96.213, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO 2 2 2 (d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR SO 2 2 2 (e)(1) Each submission under the CAIR SO 2 2 (2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR SO 2 2 § 96.211 Alternate CAIR designated representative. (a) A certificate of representation under § 96.213 may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation under § 96.213, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative. (c) Except in this section and §§ 96.202, 96.210(a) and (d), 96.212, 96.213, 96.215, 96.251, and 96.282, whenever the term “CAIR designated representative” is used in subparts AAA through III of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative. [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.212 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators. (a) Changing CAIR designated representative. 2 2 (b) Changing alternate CAIR designated representative. 2 2 (c) Changes in owners and operators. 2 2 (2) Within 30 days following any change in the owners and operators of a CAIR SO 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.213 Certificate of representation. (a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CAIR SO 2 2 (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative. (3) A list of the owners and operators of the CAIR SO 2 2 (4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative— (i) “I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR SO 2 (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR SO 2 2 (iii) “I certify that the owners and operators of the source and of each CAIR SO 2 (iv) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR SO 2 2 2 2 2 2 2 2 (5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed. (b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.214 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 96.213 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 96.213 is received by the Administrator. (b) Except as provided in § 96.212(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR SO 2 (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR SO 2 § 96.215 Delegation by CAIR designated representative and alternate CAIR designated representative. (a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person “referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.215(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.215(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.215 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. [71 FR 25388, Apr. 28, 2006, as amended at 71 FR 74794, Dec. 13, 2006] Subpart CCC—Permits Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.220 General CAIR SO 2 (a) For each CAIR SO 2 (b) Each CAIR permit shall contain, with regard to the CAIR SO 2 2 2 X X [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.221 Submission of CAIR permit applications. (a) Duty to apply. 2 2 2 (b) Duty to Reapply. 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006] § 96.222 Information requirements for CAIR permit applications. A complete CAIR permit application shall include the following elements concerning the CAIR SO 2 (a) Identification of the CAIR SO 2 (b) Identification of each CAIR SO 2 2 (c) The standard requirements under § 96.206. § 96.223 CAIR permit contents and term. (a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under § 96.222. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 96.202 and, upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO 2 2 (c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR SO 2 § 96.224 CAIR permit revisions. Except as provided in § 96.223(b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions. Subparts DDD-EEE [Reserved] Subpart FFF—CAIR SO 2 Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.250 [Reserved] § 96.251 Establishment of accounts. (a) Compliance accounts. 2 (b) General accounts Application for general account. 2 (ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative; (B) Organization name and type of organization, if applicable; (C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR SO 2 (D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: “I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CAIR SO 2 2 (E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed. (iii) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (2) Authorization of CAIR authorized account representative and alternate CAIR authorized account representative. (A) The Administrator will establish a general account for the person or persons for whom the application is submitted. (B) The CAIR authorized account representative and any alternate CAIR authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CAIR SO 2 2 (C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be deemed to be a representation, action, inaction, or submission by the CAIR authorized account representative. (ii) Each submission concerning the general account shall be submitted, signed, and certified by the CAIR authorized account representative or any alternate CAIR authorized account representative for the persons having an ownership interest with respect to CAIR SO 2 2 (iii) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(ii) of this section. (3) Changing CAIR authorized account representative and alternate CAIR authorized account representative; changes in persons with ownership interest. 2 (ii) The alternate CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR SO 2 (iii)(A) In the event a person having an ownership interest with respect to CAIR SO 2 (B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR SO 2 2 (4) Objections concerning CAIR authorized account representative and alternate CAIR authorized account representative. (ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR SO 2 (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR SO 2 (5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFF and GGG of this part. (iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative; (B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.251(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.251 (b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.251 (b)(5) is terminated.” (iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. (c) Account identification. [70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.252 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR SO 2 2 § 96.253 Recordation of CAIR SO 2 (a)(1) After a compliance account is established under § 96.251(a) or § 73.31(a) or (b) of this chapter, the Administrator will record in the compliance account any CAIR SO 2 2 2 (2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 96.254(b), the Administrator will record in the compliance account any CAIR SO 2 2 i.e. 2 (b)(1) After a general account is established under § 96.251(b) or § 73.31(c) of this chapter, the Administrator will record in the general account any CAIR SO 2 (2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 96.254(b), the Administrator will record in the general account any CAIR SO 2 i.e. (c) Serial numbers for allocated CAIR SO 2 allowances. 2 2 2 § 96.254 Compliance with CAIR SO 2 (a) Allowance transfer deadline. 2 2 2 (1) Were allocated for the control period in the year or a prior year; and (2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR SO 2 (b) Deductions for compliance. 2 2 2 (1) For a CAIR SO 2 (i) Deduct the amount of CAIR SO 2 2 (ii) Deduct the amount of CAIR SO 2 2 (iii) Treating the CAIR SO 2 2 2 (A) Until the tonnage equivalent of the CAIR SO 2 2 (B) If there are insufficient CAIR SO 2 2 (2) For a CAIR SO 2 2 2 (i) Until the tonnage equivalent of the CAIR SO 2 2 (ii) If there are insufficient CAIR SO 2 2 (c)(1) Identification of CAIR SO 2 allowances by serial number. 2 2 (2) First-in, first-out. 2 2 (i) Any CAIR SO 2 (ii) Any CAIR SO 2 (iii) Any CAIR SO 2 (iv) Any CAIR SO 2 (v) Any CAIR SO 2 (vi) Any CAIR SO 2 (d) Deductions for excess emissions. 2 2 2 (2) Any allowance deduction required under paragraph (d)(1) of this section shall not affect the liability of the owners and operators of the CAIR SO 2 2 (e) Recordation of deductions. (f) Administrator's action on submissions. 2 (2) The Administrator may deduct CAIR SO 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.255 Banking. (a) CAIR SO 2 (b) Any CAIR SO 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006] § 96.256 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR SO 2 § 96.257 Closing of general accounts. (a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under §§ 96.260 and 96.261 for any CAIR SO 2 2 (b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR SO 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006] Subpart GGG—CAIR SO 2 Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.260 Submission of CAIR SO 2 (a) A CAIR authorized account representative seeking recordation of a CAIR SO 2 2 (1) The account numbers of both the transferor and transferee accounts; (2) The serial number of each CAIR SO 2 (3) The name and signature of the CAIR authorized account representatives of the transferor and transferee accounts and the dates signed. (b)(1) The CAIR authorized account representative for the transferee account can meet the requirements in paragraph (a)(3) of this section by submitting, in a format prescribed by the Administrator, a statement signed by the CAIR authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the Administrator receives such statement, is authorized. Such authorization shall be binding on any CAIR authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the Administrator receives a statement signed by the CAIR authorized account representative retracting the authorization for the account. (2) The statement under paragraph (b)(1) of this section shall include the following: “By this signature I authorize any transfer of allowances into each account listed herein, except that I do not waive any remedies under State or Federal law to obtain correction of any erroneous transfers into such accounts. This authorization shall be binding on any CAIR authorized account representative for such account unless and until a statement signed by the CAIR authorized account representative retracting this authorization for the account is received by the Administrator.” § 96.261 EPA recordation. (a) Within 5 business days (except as necessary to perform a transfer in perpetuity of CAIR SO 2 2 2 2 2 (1) The transfer is correctly submitted under § 96.260; (2) The transferor account includes each CAIR SO 2 (3) The transfer is in accordance with the limitation on transfer under § 74.42 of this chapter and § 74.47(c) of this chapter, as applicable. (b) A CAIR SO 2 2 (c) Where a CAIR SO 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006] § 96.262 Notification. (a) Notification of recordation. 2 (b) Notification of non-recordation. 2 (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a CAIR SO 2 Subpart HHH—Monitoring and Reporting Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.270 General requirements. The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR SO 2 2 2 2 (a) Requirements for installation, certification, and data accounting. 2 (1) Install all monitoring systems required under this subpart for monitoring SO 2 2 2 2 (2) Successfully complete all certification tests required under § 96.271 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and (3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section. (b) Compliance deadlines. (1) For the owner or operator of a CAIR SO 2 (2) For the owner or operator of a CAIR SO 2 (i) January 1, 2009; or (ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation. (3) For the owner or operator of a CAIR SO 2 2 2 (4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, by the date specified in § 96.284(b). (5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR SO 2 2 2 (c) Reporting data. 2 2 2 (d) Prohibitions. 2 (2) No owner or operator of a CAIR SO 2 2 (3) No owner or operator of a CAIR SO 2 2 (4) No owner or operator of a CAIR SO 2 (i) During the period that the unit is covered by an exemption under § 96.205 that is in effect; (ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or (iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 96.271(d)(3)(i). (e) Long-term cold storage. 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006] § 96.271 Initial certification and recertification procedures. (a) The owner or operator of a CAIR SO 2 (1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and (2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendix B and appendix D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section. (b) The recertification provisions of this section shall apply to a monitoring system under § 96.270(a)(1) exempt from initial certification requirements under paragraph (a) of this section. (c) [Reserved] (d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR SO 2 i.e. (1) Requirements for initial certification. (2) Requirements for recertification. 2 (3) Approval process for initial certification and recertification. (i) Notification of certification. (ii) Certification application. (iii) Provisional certification date. 2 (iv) Certification application approval process. 2 (A) Approval notice. (B) Incomplete application notice. (C) Disapproval notice. (D) Audit decertification. 2 (v) Procedures for loss of certification. (A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter: ( 1 2 2 ( 2 2 2 ( 3 (B) The CAIR designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section. (C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) Initial certification and recertification procedures for units using the low mass emission excepted methodology under § 75.19 of this chapter. (f) Certification/recertification procedures for alternative monitoring systems. [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.272 Out of control periods. (a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of or appendix D to part 75 of this chapter. (b) Audit decertification. 2 § 96.273 Notifications. The CAIR designated representative for a CAIR SO 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] § 96.274 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. 2 (c) Certification applications. (d) Quarterly reports. (1) The CAIR designated representative shall report the SO 2 2 (i) For a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009; (ii) For a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.270(b), unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31, 2009; (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, the calendar quarter corresponding to the date specified in § 96.284(b); and (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR SO 2 2 2 (2) The CAIR designated representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter. (3) For CAIR SO 2 X X 2 (e) Compliance certification. (1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and (2) For a unit with add-on SO 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] § 96.275 Petitions. (a) The CAIR designated representative of a CAIR SO 2 (b) The CAIR designated representative of a CAIR SO 2 Subpart III—CAIR SO 2 Source: 70 FR 25362, May 12, 2005, unless otherwise noted. § 96.280 Applicability. A CAIR SO 2 (a) Is located in the State; (b) Is not a CAIR SO 2 (c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect and is not an opt-in source under part 74 of this chapter; (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHH of this part. § 96.281 General. (a) Except as otherwise provided in §§ 96.201 through 96.204, §§ 96.206 through 96.208, and subparts BBB and CCC and subparts FFF through HHH of this part, a CAIR SO 2 2 (b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHH of this part to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR SO 2 § 96.282 CAIR designated representative. Any CAIR SO 2 2 2 § 96.283 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. 2 (1) A complete CAIR permit application under § 96.222; (2) A certification, in a format specified by the permitting authority, that the unit: (i) Is not a CAIR SO 2 (ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (iii) Is not and, so long as the unit is a CAIR SO 2 (iv) Vents all of its emissions to a stack; and (v) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 96.222; (3) A monitoring plan in accordance with subpart HHH of this part; (4) A complete certificate of representation under § 96.213 consistent with § 96.282, if no CAIR designated representative has been previously designated for the source that includes the unit; and (5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR SO 2 (b) Duty to reapply. 2 (2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR SO 2 2 2 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] § 96.284 Opt-in process. The permitting authority will issue or deny a CAIR opt-in permit for a unit for which an initial application for a CAIR opt-in permit under § 96.283 is submitted in accordance with the following: (a) Interim review of monitoring plan. 2 (b) Monitoring and reporting. 2 2 (ii) The monitoring and reporting under paragraph (b)(1)(i) of this section shall include the entire control period immediately before the date on which the unit enters the CAIR SO 2 (2) To the extent the SO 2 2 (c) Baseline heat input. (1) If the unit's SO 2 (2) If the unit's SO 2 (d) Baseline SO 2 2 (1) If the unit's SO 2 2 (2) If the unit's SO 2 2 2 (3) If the unit's SO 2 2 2 2 (e) Issuance of CAIR opt-in permit. 2 2 2 (f) Issuance of denial of CAIR opt-in permit. 2 (g) Date of entry into CAIR SO 2 Trading Program. 2 2 (h) Repowered CAIR SO 2 opt-in unit. 2 2 2 2 2 (2) Notwithstanding paragraphs (c) and (d) of this section, as of the date of start-up under paragraph (h)(1) of this section, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline SO 2 2 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.285 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 96.222; (2) The certification in § 96.283(a)(2); (3) The unit's baseline heat input under § 96.284(c); (4) The unit's baseline SO 2 (5) A statement whether the unit is to be allocated CAIR SO 2 (6) A statement that the unit may withdraw from the CAIR SO 2 (7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 96.287. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 96.202 and, upon recordation by the Administrator under subpart FFF or GGG of this part or this subpart, every allocation, transfer, or deduction of CAIR SO 2 2 (c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR SO 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] § 96.286 Withdrawal from CAIR SO 2 Except as provided under paragraph (g) of this section, a CAIR SO 2 2 2 2 (a) Requesting withdrawal. 2 2 2 2 (b) Conditions for withdrawal. 2 2 (1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR SO 2 2 (2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR SO 2 2 2 2 2 2 2 2 2 (c) Notification. 2 2 2 (2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the permitting authority will issue a notification to the CAIR designated representative of the CAIR SO 2 2 2 2 (d) Permit amendment. 2 2 2 2 (e) Reapplication upon failure to meet conditions of withdrawal. 2 (f) Ability to reapply to the CAIR SO 2 Trading Program. 2 2 2 (g) Inability to withdraw. 2 2 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] § 96.287 Change in regulatory status. (a) Notification. 2 2 2 (b) Permitting authority's and Administrator's actions. 2 2 2 2 2 (2)(i) The Administrator will deduct from the compliance account of the source that includes a CAIR SO 2 2 2 (A) Any CAIR SO 2 2 2 2 (B) If the date on which the CAIR SO 2 2 2 2 2 2 2 2 (ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR SO 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.288 CAIR SO 2 2 (a) Timing requirements. 2 2 2 2 (2) By no later than October 31 of the control period after the control period in which a CAIR SO 2 2 2 2 2 (b) Calculation of allocation. 2 2 (1) The heat input (in mmBtu) used for calculating the CAIR SO 2 (i) The CAIR SO 2 (ii) The CAIR SO 2 2 2 (2) The SO 2 2 (i) The CAIR SO 2 2 (ii) The most stringent State or Federal SO 2 2 2 (3) The permitting authority will allocate CAIR SO 2 2 2 (c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under § 96.283(a)(5)) providing for, allocation to a CAIR SO 2 2 2 (1) For each control period in 2010 through 2014 for which the CAIR SO 2 2 (i) The heat input (in mmBtu) used for calculating CAIR SO 2 (ii) The SO 2 2 (A) The CAIR SO 2 2 (B) The most stringent State or Federal SO 2 2 2 2 (iii) The permitting authority will allocate CAIR SO 2 2 2 (2) For each control period in 2015 and thereafter for which the CAIR SO 2 2 (i) The heat input (in mmBtu) used for calculating the CAIR SO 2 (ii) The SO 2 2 (A) The CAIR SO 2 2 (B) The most stringent State or Federal SO 2 2 2 (iii) The permitting authority will allocate CAIR SO 2 2 2 (d) Recordation. 2 2 2 (2) By December 1 of the control period in which a CAIR SO 2 2 2 2 2 [70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006] Subparts JJJ-ZZZ [Reserved] Subpart AAAA—CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.301 Purpose. This subpart and subparts BBBB through IIII establish the model rule comprising general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the State Clean Air Interstate Rule (CAIR) NO X X § 96.302 Definitions. The terms used in this subpart and subparts BBBB through IIII shall have the meanings set forth in this section as follows: Account number X Acid Rain emissions limitation Acid Rain Program Administrator Allocate allocation means X X X Allowance transfer deadline X X X Alternate CAIR designated representative X X X X X X X 2 2 X X Automated data acquisition and handling system DAHS Biomass (1) Any organic material grown for the purpose of being converted to energy; (2) Any organic byproduct of agriculture that can be converted into energy; or (3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is; (i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or (ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings. Boiler Bottoming-cycle cogeneration unit CAIR authorized account representative X CAIR designated representative X X X X X X X 2 2 X X CAIR NO X Annual Trading Program CAIR NO X Ozone Season allowance X X X X X CAIR NO X Ozone Season allowance deduction deduct CAIR NO X Ozone Season allowances X , e.g., X X CAIR NO X Ozone Season Allowance Tracking System X X CAIR NO X Ozone Season Allowance Tracking System account X X CAIR NO X Ozone Season allowances held hold CAIR NO X Ozone Season allowances X X CAIR NO X Ozone Season emissions limitation X X X CAIR NO X Ozone Season Trading Program CAIR NO X Ozone Season source X CAIR NO X Ozone Season unit X X CAIR NO X source X CAIR permit X X X CAIR SO 2 source 2 CAIR SO 2 Trading Program Clean Air Act CAA et seq. Coal Coal-derived fuel Coal-fired (1) Except for purposes of subpart EEEE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year; or (2) For purposes of subpart EEEE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during a specified year. Cogeneration unit (1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and (2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity— (i) For a topping-cycle cogeneration unit, (A) Useful thermal energy not less than 5 percent of total energy output; and (B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output. (ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input; (3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit's total energy input from all fuel except biomass if the unit is a boiler. Combustion turbine (1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and (2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine. Commence commercial operation (1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 96.305 and § 96.384(h). (i) For a unit that is a CAIR NO X (ii) For a unit that is a CAIR NO X e.g., (2) Notwithstanding paragraph (1) of this definition and except as provided in § 96.305, for a unit that is not a CAIR NO X X (i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit. (ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source ( e.g., Commence operation (1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber, except as provided in § 96.384(h). (2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit. (3) For a unit that is replaced by a unit at the same source ( e.g., Common stack Compliance account X X X X X X Continuous emission monitoring system CEMS (1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh); (2) A nitrogen oxides concentration monitoring system, consisting of a NO X X (3) A nitrogen oxides emission rate (or NO X X 2 2 X 2 2 X (4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 (5) A carbon dioxide monitoring system, consisting of a CO 2 2 2 2 (6) An oxygen monitoring system, consisting of an O 2 2 2 Control period ozone season Emissions Excess emissions X X X Fossil fuel Fossil-fuel-fired Fuel oil General account X Generator Gross electrical output Heat input Heat input rate Life-of-the-unit, firm power contractual arrangement (1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. Maximum design heat input Monitoring system Most stringent State or Federal NO X emissions limitation X Nameplate capacity Oil-fired Operator X X Owner (1) With regard to a CAIR NO X X (i) Any holder of any portion of the legal or equitable title in a CAIR NO X X (ii) Any holder of a leasehold interest in a CAIR NO X X (iii) Any purchaser of power from a CAIR NO X X X (2) With regard to any general account, any person who has an ownership interest with respect to the CAIR NO X X Permitting authority X Potential electrical output capacity Receive or receipt of Recordation, record, recorded X X X Reference method Replacement replace replaced Repowered (1) Atmospheric or pressurized fluidized bed combustion; (2) Integrated gasification combined cycle; (3) Magnetohydrodynamics; (4) Direct and indirect coal-fired turbines; (5) Integrated gasification fuel cells; or (6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005. Serial number X X Sequential use of energy (1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or (2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production. Solid waste incineration unit Source State X Submit or serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Title V operating permit Title V operating permit regulations Ton X Topping-cycle cogeneration unit Total energy input LHV = HHV−10.55(W + 9H) Where: LHV = lower heating value of fuel in Btu/lb, HHV = higher heating value of fuel in Btu/lb, W = Weight % of moisture in fuel, and H = Weight % of hydrogen in fuel. Total energy output Unit Unit operating day Unit operating hour hour of unit operation Useful power Useful thermal energy (1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water; (2) Used in a heating application (e.g., space heating or domestic hot water heating); or (3) Used in a space cooling application (i.e., thermal energy used by an absorption chiller). Utility power distribution system [70 FR 25382, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006; 72 FR 59206, Oct. 19, 2007] § 96.303 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart and subparts BBBB through IIII are defined as follows: Btu—British thermal unit CO 2 H 2 Hg—mercury hr—hour kW—kilowatt electrical kWh—kilowatt hour lb—pound mmBtu—million Btu MWe—megawatt electrical MWh—megawatt hour NO X O 2 ppm—parts per million scfh—standard cubic feet per hour SO 2 yr—year [71 FR 25392, Apr. 28, 2006] § 96.304 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State shall be CAIR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR NO X X (b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR NO X (1)(i) Any unit that is a CAIR NO X (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and (B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO X (2)(i) Any unit that is a CAIR NO X (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (ii) Any unit that is a CAIR NO X (A) Qualifying as a solid waste incineration unit; and (B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis). (iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO X [71 FR 25392, Apr. 28, 2006, as amended at 71 FR 74794, Dec. 13, 2006] § 96.305 Retired unit exemption. (a)(1) Any CAIR NO X X X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR NO X (3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CCCC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section. (b) Special provisions. (2) The permitting authority will allocate CAIR NO X (3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired. (4) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR NO X (5) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 96.322 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the unit resumes operation. (6) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption: (i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(5) of this section; (ii) The date on which the CAIR designated representative is required under paragraph (b)(5) of this section to submit a CAIR permit application for the unit; or (iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit. (7) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HHHH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation. [70 FR 25382, May 12, 2005, as amended at 71 FR 25393, Apr. 28, 2006] § 96.306 Standard requirements. (a) Permit requirements. X X (i) Submit to the permitting authority a complete CAIR permit application under § 96.322 in accordance with the deadlines specified in § 96.321; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit. (2) The owners and operators of each CAIR NO X X (3) Except as provided in subpart IIII of this part, the owners and operators of a CAIR NO X X X X (b) Monitoring, reporting, and recordkeeping requirements. X X (2) The emissions measurements recorded and reported in accordance with subpart HHHH of this part shall be used to determine compliance by each CAIR NO X X (c) Nitrogen oxides ozone season emission requirements. X X X X (2) A CAIR NO X (3) A CAIR NO X X (4) CAIR NO X X (5) A CAIR NO X X X (6) A CAIR NO X (7) Upon recordation by the Administrator under subpart FFFF, GGGG, or IIII of this part, every allocation, transfer, or deduction of a CAIR NO X X (d) Excess emissions requirements. X X (1) The owners and operators of the source and each CAIR NO X X (2) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart, the Clean Air Act, and applicable State law. (e) Recordkeeping and reporting requirements. X X (i) The certificate of representation under § 96.313 for the CAIR designated representative for the source and each CAIR NO X (ii) All emissions monitoring information, in accordance with subpart HHHH of this part, provided that to the extent that subpart HHHH of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR NO X (iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO X X (2) The CAIR designated representative of a CAIR NO X X X (f) Liability. X X X (2) Any provision of the CAIR NO X X X X (3) Any provision of the CAIR NO X X X (g) Effect on other authorities. X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25393, Apr. 28, 2006] § 96.307 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CAIR NO X (b) Unless otherwise stated, any time period scheduled, under the CAIR NO X (c) Unless otherwise stated, if the final day of any time period, under the CAIR NO X § 96.308 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR NO X Subpart BBBB—CAIR Designated Representative for CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.310 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 96.311, each CAIR NO X X X X (b) The CAIR designated representative of the CAIR NO X X (c) Upon receipt by the Administrator of a complete certificate of representation under § 96.313, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NO X X X (d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NO X X X (e)(1) Each submission under the CAIR NO X X (2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR NO X X § 96.311 Alternate CAIR designated representative. (a) A certificate of representation under § 96.313 may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation under § 96.313, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative. (c) Except in this section and §§ 96.302, 96.310(a) and (d), 96.312, 96.313, 96.315, 96.351, and 96.382 whenever the term “CAIR designated representative” is used in subparts AAAA through IIII of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative. [70 FR 25382, May 12, 2005, as amended at 71 FR 25393, Apr. 28, 2006] § 96.312 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators. (a) Changing CAIR designated representative. X X (b) Changing alternate CAIR designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days following any change in the owners and operators of a CAIR NO X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25393, Apr. 28, 2006] § 96.313 Certificate of representation. (a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CAIR NO X X (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative. (3) A list of the owners and operators of the CAIR NO X X (4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative— (i) “I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO X X (iii) “I certify that the owners and operators of the source and of each CAIR NO X (iv) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NO X X X X X X X X (5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed. (b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. [70 FR 25382, May 12, 2005, as amended at 71 FR 25393, Apr. 28, 2006] § 96.314 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 96.313 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 96.313 is received by the Administrator. (b) Except as provided in § 96.312(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR NO X (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR NO X § 96.315 Delegation by CAIR designated representative and alternate CAIR designated representative. (a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.315(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.315(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.315 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. [71 FR 25393, Apr. 28, 2006] Subpart CCCC—Permits Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.320 General CAIR NO X (a) For each CAIR NO X (b) Each CAIR permit shall contain, with regard to the CAIR NO X X X X 2 [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006] § 96.321 Submission of CAIR permit applications. (a) Duty to apply. X X X (b) Duty to Reapply. X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006] § 96.322 Information requirements for CAIR permit applications. A complete CAIR permit application shall include the following elements concerning the CAIR NO X (a) Identification of the CAIR NO X (b) Identification of each CAIR NO X X (c) The standard requirements under § 96.306. § 96.323 CAIR permit contents and term. (a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under § 96.322. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 96.302 and, upon recordation by the Administrator under subpart FFFF, GGGG, or IIII of this part, every allocation, transfer, or deduction of a CAIR NO X X (c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NO X § 96.324 CAIR permit revisions. Except as provided in § 96.323(b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions. Subpart DDDD [Reserved] Subpart EEEE—CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.340 State trading budgets. (a) Except as provided in paragraph (b) of this section, the State trading budgets for annual allocations of CAIR NO X State State trading budget for 2009-2014 (tons) State trading budget for 2015 and thereafter (tons) Alabama 32,182 26,818 Arkansas 11,515 9,596 Connecticut 2,559 2,559 Delaware 2,226 1,855 District of Columbia 112 94 Florida 47,912 39,926 Illinois 30,701 28,981 Indiana 45,952 39,273 Iowa 14,263 11,886 Kentucky 36,045 30,587 Louisiana 17,085 14,238 Maryland 12,834 10,695 Massachusetts 7,551 6,293 Michigan 28,971 24,142 Mississippi 8,714 7,262 Missouri 26,678 22,231 New Jersey 6,654 5,545 New York 20,632 17,193 North Carolina 28,392 23,660 Ohio 45,664 39,945 Pennsylvania 42,171 35,143 South Carolina 15,249 12,707 Tennessee 22,842 19,035 Virginia 15,994 13,328 West Virginia 26,859 26,525 Wisconsin 17,987 14,989 (b) If a permitting authority issues additional CAIR NO X X § 96.341 Timing requirements for CAIR NO X (a) By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NO X (b) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X (c) By July 31, 2009 and July 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006] § 96.342 CAIR NO X (a)(1) The baseline heat input (in mmBtu) used with respect to CAIR NO X X (i) For units commencing operation before January 1, 2001 the average of the 3 highest amounts of the unit's adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as follows: (A) If the unit is coal-fired during the year, the unit's control period heat input for such year is multiplied by 100 percent; (B) If the unit is oil-fired during the year, the unit's control period heat input for such year is multiplied by 60 percent; and (C) If the unit is not subject to paragraph (a)(1)(i)(A) or (B) of this section, the unit's control period heat input for such year is multiplied by 40 percent. (ii) For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's total converted control period heat input over the first such 5 years. (2)(i) A unit's control period heat input, and a unit's status as coal-fired or oil-fired, for a calendar year under paragraph (a)(1)(i) of this section, and a unit's total tons of NO X (ii) A unit's converted control period heat input for a calendar year specified under paragraph (a)(1)(ii) of this section equals: (A) Except as provided in paragraph (a)(2)(ii)(B) or (C) of this section, the control period gross electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/kWh, if the unit is coal-fired for the year, or 6,675 Btu/kWh, if the unit is not coal-fired for the year, and divided by 1,000,000 Btu/mmBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the generator will be attributed to each unit in proportion to the unit's share of the total control period heat input of such units for the year; (B) For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy (in Btu) of the steam produced by the boiler during the control period, divided by 0.8 and by 1,000,000 Btu/mmBtu; or (C) For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor, combustor, and turbine multiplied by 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/mmBtu. (b)(1) For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NO X X X (2) The permitting authority will allocate CAIR NO X X X X X (c) For each control period in 2009 and thereafter, the permitting authority will allocate CAIR NO X X X X (1) The permitting authority will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO X X (2) The CAIR designated representative of such a CAIR NO X X X X X X X (3) In a CAIR NO X X X X (4) The permitting authority will review each CAIR NO X X (i) The permitting authority will accept an allowance allocation request only if the request meets, or is adjusted by the permitting authority as necessary to meet, the requirements of paragraphs (c)(2) and (3) of this section. (ii) On or after February 1 before the control period, the permitting authority will determine the sum of the CAIR NO X (iii) If the amount of CAIR NO X X X (iv) If the amount of CAIR NO X X X X (v) The permitting authority will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO X X (d) If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any unallocated CAIR NO X X X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] Subpart FFFF—CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.350 [Reserved] § 96.351 Establishment of accounts. (a) Compliance accounts. X (b) General accounts Application for general account. X (ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative; (B) Organization name and type of organization, if applicable; (C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR NO X (D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: “I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CAIR NO X X (E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed. (iii) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (2) Authorization of CAIR authorized account representative andalternate CAIR authorized account representative. (A) The Administrator will establish a general account for the person or persons for whom the application is submitted. (B) The CAIR authorized account representative and any alternate CAIR authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CAIR NO X X (C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be deemed to be a representation, action, inaction, or submission by the CAIR authorized account representative. (ii) Each submission concerning the general account shall be submitted, signed, and certified by the CAIR authorized account representative or any alternate CAIR authorized account representative for the persons having an ownership interest with respect to CAIR NO X X (iii) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(ii) of this section. (3) Changing CAIR authorized account representative and alternate CAIR authorized account representative; changes in persons with ownership interest. X (ii) The alternate CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR NO X (iii)(A) In the event a person having an ownership interest with respect to CAIR NO X (B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NO X X (4) Objections concerning CAIR authorized account representative and alternate CAIR authorized account representative. (ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternative CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR NO X (5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFFF and GGGG of this part. (iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative; (B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 96.351(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 96.351(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.351(b)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation. (c) Account identification. [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.352 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR NO X X § 96.353 Recordation of CAIR NO X (a) By September 30, 2007, the Administrator will record in the CAIR NO X X X (b) By December 1, 2009, the Administrator will record in the CAIR NO X X X (c) By December 1, 2010 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (d) By September 1, 2009 and September 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (e) Serial numbers for allocated CAIR NO X Ozone Season allowances. X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006] § 96.354 Compliance with CAIR NO X (a) Allowance transfer deadline. X X X (1) Were allocated for the control period in the year or a prior year; and (2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR NO X (c)(1) Identification of CAIR NO X Ozone Season allowances by serial number. X X (2) First-in, first-out. X X (i) Any CAIR NO X (ii) Any CAIR NO X (d) Deductions for excess emissions. X X (2) Any allowance deduction required under paragraph (d)(1) of this section shall not affect the liability of the owners and operators of the CAIR NO X X (e) Recordation of deductions. (f) Administrator's action on submissions. X (2) The Administrator may deduct CAIR NO X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] § 96.355 Banking. (a) CAIR NO X (b) Any CAIR NO X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] § 96.356 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR NO X § 96.357 Closing of general accounts. (a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under §§ 96.360 and 96.361 for any CAIR NO X X (b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR NO X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] Subpart GGGG—CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.360 Submission of CAIR NO X A CAIR authorized account representative seeking recordation of a CAIR NO X X (a) The account numbers for both the transferor and transferee accounts; (b) The serial number of each CAIR NO X (c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed. § 96.361 EPA recordation. (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CAIR NO X X X (1) The transfer is correctly submitted under § 96.360; and (2) The transferor account includes each CAIR NO X (b) A CAIR NO X X (c) Where a CAIR NO X § 96.362 Notification. (a) Notification of recordation. X (b) Notification of non-recordation. X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a CAIR NO X Subpart HHHH—Monitoring and Reporting Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.370 General requirements. The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NO X X X X (a) Requirements for installation, certification, and data accounting. X (1) Install all monitoring systems required under this subpart for monitoring NO X X X 2 2 (2) Successfully complete all certification tests required under § 96.371 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and (3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section. (b) Compliance deadlines. (1) For the owner or operator of a CAIR NO X (2) For the owner or operator of a CAIR NO X (i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or (ii) May 1, 2008. (3) For the owner or operator of a CAIR NO X (i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or (ii) If the compliance date under paragraph (b)(3)(i) of this section is not during a control period, May 1 immediately following the compliance date under paragraph (b)(3)(i) of this section. (4) For the owner or operator of a CAIR NO X X X (5) For the owner or operator of a CAIR NO X X (i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO X (ii) If the compliance date under paragraph (b)(5)(i) of this section is not during a control period, May 1 immediately following the compliance date under paragraph (b)(5)(i) of this section. (6) Notwithstanding the dates in paragraphs (b)(1), (2), and (3) of this section, for the owner or operator of a unit for which a CAIR NO X (7) Notwithstanding the dates in paragraphs (b)(1), (2), and (3) of this section, for the owner or operator of a CAIR NO X X X (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CAIR NO X X (3) No owner or operator of a CAIR NO X X (4) No owner or operator of a CAIR NO X (i) During the period that the unit is covered by an exemption under § 96.305 that is in effect; (ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or (iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 96.371(d)(3)(i). (e) Long-term cold storage. X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] § 96.371 Initial certification and recertification procedures. (a) The owner or operator of a CAIR NO X (1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and (2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendix B, appendix D, and appendix E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section. (b) The recertification provisions of this section shall apply to a monitoring system under § 96.370(a)(1) exempt from initial certification requirements under paragraph (a) of this section. (c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO X X (d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR NO X (1) Requirements for initial certification. (2) Requirements for recertification. X X (3) Approval process for initial certification and recertification. (i) Notification of certification. (ii) Certification application. (iii) Provisional certification date. X (iv) Certification application approval process. X (A) Approval notice. (B) Incomplete application notice. (C) Disapproval notice. (D) Audit decertification. X (v) Procedures for loss of certification. (A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter: ( 1 X i.e. X X ( 2 X X ( 3 2 2 ( 4 ( 5 X X (B) The CAIR designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section. (C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) Initial certification and recertification procedures for units using the low mass emission excepted methodology under § 75.19 of this chapter. (f) Certification/recertification procedures for alternative monitoring systems. [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.372 Out of control periods. (a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter. (b) Audit decertification. X § 96.373 Notifications. The CAIR designated representative for a CAIR NO X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] § 96.374 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. X (c) Certification applications. (d) Quarterly reports. (1) If the CAIR NO X X X X (i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008; (ii) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370(b), unless that quarter is the third or fourth quarter of 2007 or the first quarter of 2008, in which case reporting shall commence in the quarter covering May 1, 2008 through June 30, 2008; (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 96.384(b); and (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR NO X X X (2) If the CAIR NO X X (i) Meet the requirements of subpart H of part 75 (concerning monitoring of NO X X (ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NO X (A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008; (B) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;. (C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 96.384(b); and (D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NO X X X (2) The CAIR designated representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter. (3) For CAIR NO X X 2 X (e) Compliance certification. (1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; (2) For a unit with add-on NO X X X (3) For a unit that is reporting on a control period basis under paragraph (d)(2)(ii) of this section, the NO X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25395, Apr. 28, 2006] § 96.375 Petitions. (a) Except as provided in paragraph (b)(2) of this section, the CAIR designated representative of a CAIR NO X (b)(1) The CAIR designated representative of a CAIR NO X (2) The CAIR designated representative of a CAIR NO X Subpart IIII—CAIR NO X Source: 70 FR 25382, May 12, 2005, unless otherwise noted. § 96.380 Applicability. A CAIR NO X (a) Is located in the State; (b) Is not a CAIR NO X (c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHHH of this part. § 96.381 General. (a) Except as otherwise provided in §§ 96.301 through 96.304, §§ 96.306 through 96.308, and subparts BBBB and CCCC and subparts FFFF through HHHH of this part, a CAIR NO X X (b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHHH of this part to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR NO X § 96.382 CAIR designated representative. Any CAIR NO X X X § 96.383 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. X (1) A complete CAIR permit application under § 96.322; (2) A certification, in a format specified by the permitting authority, that the unit: (i) Is not a CAIR NO X (ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (iii) Vents all of its emissions to a stack; and (iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 96.322; (3) A monitoring plan in accordance with subpart HHHH of this part; (4) A complete certificate of representation under § 96.313 consistent with § 96.382, if no CAIR designated representative has been previously designated for the source that includes the unit; and (5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NO X (b) Duty to reapply. X (2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO X X X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006] § 96.384 Opt-in process. The permitting authority will issue or deny a CAIR opt-in permit for a unit for which an initial application for a CAIR opt-in permit under § 96.383 is submitted in accordance with the following: (a) Interim review of monitoring plan. X (b) Monitoring and reporting. X X (ii) The monitoring and reporting under paragraph (b)(1)(i) of this section shall include the entire control period immediately before the date on which the unit enters the CAIR NO X (2) To the extent the NO X X (c) Baseline heat input. (1) If the unit's NO X (2) If the unit's NO X (d) Baseline NO X emission rate. X (1) If the unit's NO X X (2) If the unit's NO X X X (3) If the unit's NO X X X X (e) Issuance of CAIR opt-in permit. X X X (f) Issuance of denial of CAIR opt-in permit. X (g) Date of entry into CAIR NO X Ozone Season Trading Program. X X (h) Repowered CAIR NO X Ozone Season opt-in unit. X X X X X (2) Notwithstanding paragraphs (c) and (d) of this section, as of the date of start-up under paragraph (h)(1) of this section, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline NO X X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.385 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 96.322; (2) The certification in § 96.383(a)(2); (3) The unit's baseline heat input under § 96.384(c); (4) The unit's baseline NO X (5) A statement whether the unit is to be allocated CAIR NO X (6) A statement that the unit may withdraw from the CAIR NO X (7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 96.387. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 96.302 and, upon recordation by the Administrator under subpart FFFF or GGGG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO X X (c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NO X [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006] § 96.386 Withdrawal from CAIR NO X Except as provided under paragraph (g) of this section, a CAIR NO X X X X (a) Requesting withdrawal. X X X X (b) Conditions for withdrawal. X X (1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO X X (2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR NO X X X X X X X X X (c) Notification. X X X (2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the permitting authority will issue a notification to the CAIR designated representative of the CAIR NO X X X X (d) Permit amendment. X X X X (e) Reapplication upon failure to meet conditions of withdrawal. X (f) Ability to reapply to the CAIR NO X Ozone Season Trading Program. X X X (g) Inability to withdraw. X X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006] § 96.387 Change in regulatory status. (a) Notification. X X X (b) Permitting authority's and Administrator's actions. X X X X X (2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO X X X (A) Any CAIR NO X X X X (B) If the date on which the CAIR NO X X X X X X X X (ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO X X X (3)(i) For every control period after the date on which the CAIR NO X X X X (ii) If the date on which the CAIR NO X X X X X X X (A) The amount of CAIR NO X X X (B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO X X (C) Rounded to the nearest whole allowance as appropriate. [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006] § 96.388 CAIR NO X X (a) Timing requirements. X X X X (2) By no later than July 31 of the control period after the control period in which a CAIR NO X X X X X (b) Calculation of allocation. X X (1) The heat input (in mmBtu) used for calculating the CAIR NO X (i) The CAIR NO X (ii) The CAIR NO X X X (2) The NO X X (i) The CAIR NO X X (ii) The most stringent State or Federal NO X X X (3) The permitting authority will allocate CAIR NO X X X (c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit” (based on a demonstration of the intent to repower stated under § 96.383(a)(5)) providing for, allocation to a CAIR NO X X X (1) For each control period in 2009 through 2014 for which the CAIR NO X X (i) The heat input (in mmBtu) used for calculating CAIR NO X (ii) The NO X X (A) The CAIR NO X X (B) The most stringent State or Federal NO X X X X (iii) The permitting authority will allocate CAIR NO X X X (2) For each control period in 2015 and thereafter for which the CAIR NO X X (i) The heat input (in mmBtu) used for calculating the CAIR NO X (ii) The NO X X (A) 0.15 lb/mmBtu; (B) The CAIR NO X X (C) The most stringent State or Federal NO X X X (iii) The permitting authority will allocate CAIR NO X X X (d) Recordation. X X X (2) By September 1, of the control period in which a CAIR NO X X X X X [70 FR 25382, May 12, 2005, as amended at 71 FR 25396, Apr. 28, 2006]

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