40 CFR Part 97 — Federal NOX Budget Trading Program, CAIR NOX and SO2 Trading Programs, CSAPR NOX and SO2 Trading Programs, and Texas SO2 Trading Program

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PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and 7651, et seq. Source: 65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006 Subpart A—NO X § 97.1 Purpose. This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the federal NO X § 97.2 Definitions. The terms used in this part shall have the meanings set forth in this section as follows: Account number X Acid Rain emissions limitation Administrator Allocate allocation X X X Automated data acquisition and handling system DAHS Boiler Clean Air Act 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 Continuous emission monitoring system CEMS X (1) A flow monitoring system, consisting of a stack flow rate monitor and an automated DAHS. A flow monitoring system provides a permanent, continuous record of stack gas volumetric flow rate, in units of standard cubic feet per hour (scfh); (2) A nitrogen oxides concentration monitoring system, consisting of a NO X X X (3) A nitrogen oxides emission rate (or NO X X 2 2 X X 2 2 2 2 X (4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter. A moisture monitoring system provides a permanent, continuous record of the stack gas moisture content, in units of percent H 2 2 Control period Electricity for sale under firm contract to the grid Emissions X Energy Information Administration Excess emissions X X Fossil fuel Fossil fuel fired (1) For units that commenced operation before January 1, 1996, 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 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995; (2) For units that commenced operation on or after January 1, 1996 and before January 1, 1997, 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 1996; or (3) For units that commence operation on or after January 1, 1997: (i) The combination of fossil fuel, alone or in combustion 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; or (ii) The combination 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 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 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 Maximum potential NO X emission rate X 2 Maximum rated hourly heat input Monitoring system Most stringent State or Federal NO X emissions limitation X Nameplate capacity Non-title V permit NO X allowance X X X X X X NO X allowance deduction deduct NO X allowances X X X 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 allowances held hold NO X allowances 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 unit 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 Percent monitor data availability Permitting authority X Potential electrical output capacity Receive or receipt Recordation, record, or recorded X X X Reference method Serial number X X Source State Submit 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 tonnage X Unit Unit operating day Unit operating hour hour of unit operation [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21645, Apr. 21, 2004] § 97.3 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this part are defined as follows: Btu-British thermal unit. CO 2 hr-hour. kW-kilowatt electrical. kWh-kilowatt hour. lb-pounds. mmBtu-million Btu. MWe-megawatt electrical. NO X O 2 ton-2000 pounds. § 97.4 Applicability. (a) The following units in a State shall be a NO X X (1)(i) For units other than cogeneration units— (A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator— ( 1 ( 2 (B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator— ( 1 ( 2 (C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator— ( 1 ( 2 (ii) For cogeneration units— (A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1995 or 1996 under the Acid Rain Program. (B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator with a nameplate capacity grater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1997 or 1998 under the Acid Rain Program. (C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for any year. (2)(i) For units other than cogeneration units— (A) For units commencing operation before January 1, 1997, a unit— ( 1 ( 2 (B) For units commencing operation in 1997 or 1998, a unit— ( 1 ( 2 (C) For units commencing on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr: ( 1 ( 2 (ii) For cogeneration units— (A) For units commencing operation before January 1, 1997, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for 1995 and 1996. (B) For units commencing operation in 1997 or 1998, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) under the Acid Rain Program for 1997 and 1998. (C) For units commencing on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for each year. (b)(1) Notwithstanding paragraph (a) of this section, a unit under paragraph (a)(1) or (a)(2) of this section that has a federally enforceable permit that restricts the unit to combusting only natural gas or fuel oil (as defined in § 75.2 of this chapter) during a control period includes a NO X X X X X X X (2) The exemption under paragraph (b)(1) of this section shall become effective as follows: (i) The exemption shall become effective on the date on which the NO X (ii) If the NO X X X X (3) The permitting authority that issues a federally enforceable permit under paragraph (b)(1) of this section for a unit under paragraph (a)(1) or (a)(2) of this section will provide the Administrator written notice of the issuance of such permit and, upon request, a copy of the permit. (4) Special provisions. (ii) The Administrator will allocate NO X X (A) The owners and operators of the unit must specify a general account, in which the Administrator will record the NO X (B) After the Administrator records a NO X X X X X X X (iii) A unit exempt under this paragraph (b) shall report hours of unit operation during the control period in each year to the permitting authority by November 1 of that year. (iv) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (b)(1) of this section shall retain, at the source that includes the unit, records demonstrating that the conditions of the federally enforceable permit under paragraph (b)(1) of this section were met, including the restriction on fuel use or unit operating hours. 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 met the restriction on fuel use or unit operating hours. (v) The owners and operators and, to the extent applicable, the NO X X (vi) On the earlier of the following dates, a unit exempt under paragraph (b)(1) of this section shall lose its exemption: (A) The date on which the restriction on fuel use or unit operating hours described in paragraph (b)(1) of this section is removed from the unit's federally enforceable permit or otherwise becomes no longer applicable to any control period starting in 2004; or (B) The first date on which the unit fails to comply, or with regard to which the owners and operators fail to meet their burden of proving that the unit is complying, with the restriction on fuel use or unit operating hours described in paragraph (b)(1) of this section during any control period starting in 2004. (vii) A unit that loses its exemption in accordance with paragraph (b)(4)(vi) of this section shall be subject to the requirements of this part. For the purpose of applying permitting requirements under subpart C of this part, allocating allowances under subpart E of this part, and applying monitoring requirements under subpart H of this part, the unit shall be treated as commencing operation and, if the unit is covered by paragraph (a)(1) of this section, commencing commercial operation on the date the unit loses its exemption. (viii) A unit that is exempt under paragraph (b)(1) of this section is not eligible to be a NO X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21645, Apr. 21, 2004] § 97.5 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 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) The Administrator will allocate NO X X X (3) 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. (4) The owners and operators and, to the extent applicable, the NO X X (5)(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 (6) On the earlier of the following dates, a unit exempt under paragraph (b) of this section shall lose its exemption: (i) The date on which the NO X X (ii) The date on which the NO X X (iii) The date on which the unit resumes operation, if the unit is not required to submit a NO X (7) 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. (8) A unit that is exempt under this section is not eligible to be a NO X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21646, Apr. 21, 2004] § 97.6 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 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 or G 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 § 97.54(d)(3). (e) Recordkeeping and reporting requirements. X X (i) The account certificate of representation under § 97.13 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 [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002] § 97.7 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 § 97.10 Authorization and responsibilities of NO X (a) Except as provided under § 97.11, 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 § 97.13, 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 § 97.11 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 § 97.13, any representation, action, inaction, or submission by the alternate NO X X (c) Except in this section and §§ 97.10(a), 97.12, 97.13, and 97.51, whenever the term “NO X X § 97.12 Changing NO X X (a) Changing NO X authorized account representative. X X X X X (b) Changing alternate NO X authorized account representative. X X X X X (c) Changes in 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 § 97.13 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. § 97.14 Objections concerning NO X (a) Once a complete account certificate of representation under § 97.13 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 § 97.13 is received by the Administrator. (b) Except as provided in § 97.12 (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 § 97.20 General NO X (a) For each NO X X (1) For NO X X (2) For NO X X (b) Each NO X X § 97.21 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 [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002] § 97.22 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 § 97.6; 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 § 97.23 NO X (a) Each NO X X (b) Each NO X X X X § 97.24 NO X (a) For a NO X X (b) For a NO X X Subpart D—Compliance Certification § 97.30 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, have 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. § 97.31 Administrator's action on compliance certifications. (a) 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 § 97.40 Trading program budget. In accordance with §§ 97.41 and 97.42, the Administrator will allocate to the NO X X X X X X [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21646, Apr. 21, 2004; 81 FR 74604, Oct. 26, 2016] § 97.41 Timing requirements for NO X (a) The NO X (b) By April 1, 2005, the Administrator will determine by order the NO X (c) By April 1, 2010, by April 1 of 2015, and thereafter by April 1 of the year that is 5 years after the last year for which NO X X (d) By April 1, 2004 and April 1 of each year thereafter, the Administrator will determine by order the NO X (e) The Administrator will make available to the public each determination of NO X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 81 FR 74604, Oct. 26, 2016] § 97.42 NO X (a)(1) The heat input (in mmBtu) used for calculating NO X X (i) For a NO X (A) For a unit under § 97.4(a)(1), the average of the two highest amounts of the unit's heat input for the control periods in 1995 through 1998; or (B) For a unit under § 97.4(a)(2), the control period in 1995 or, if the Administrator determines that reasonably reliable data are available for control periods in 1996 through 1998, the average of the two highest amounts of the unit's heat input for the control periods in 1995 through 1998. (ii) For a NO X (iii) For a NO X (2) The unit's 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. Notwithstanding the first sentence of this paragraph (a)(2): (i) For a NO X (ii) For a NO X (b) For each group of control periods specified in § 97.41(a) through (c), the Administrator will allocate to all NO X X (1) The Administrator will allocate NO X X X (2) If the initial total number of NO X X X X X X X (c) For each group of control periods specified in § 97.41(a) through (c), the Administrator will allocate to all NO X X (1) The Administrator will allocate NO X X X (2) If the initial total number of NO X X X X X X X (d) For each control period specified in § 97.41(d), the Administrator will allocate NO X X (1) The Administrator 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 (3) In a NO X X X X (i) 0.15 lb/mmBtu multiplied by the unit's maximum design heat input, multiplied by the lesser of 3,672 hours or the number of hours remaining in the control period starting with the day in the control period on which the unit commences operation or is projected to commence operation, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO X (ii) The unit's most stringent State or Federal NO X X (4) In a NO X X X X (i) 0.17 lb/mmBtu multiplied by the unit's maximum design heat input, multiplied by the lesser of 3,672 hours or the number of hours remaining in the control period starting with the day in the control period on which the unit commences operation or is projected to commence operation, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO X (ii) The unit's most stringent State or Federal NO X X (5) The Administrator will review each NO X X (i) Upon receipt of the NO X (ii) The Administrator will determine the following amounts: (A) The sum of the NO X X (B) For units exempt under § 97.4(b) in the State that commenced operation, or are projected to commence operation, on or after May 1, 1997 (for control periods under § 97.41(a)); May 1, 2003, (for control periods under § 97.41(b)); and May 1 of the year 5 years before beginning of the group of 5 years that includes the control period (for control periods under § 97.41(c)), the sum of the NO X X (iii) If the number of NO X X X (iv) If the number of NO X X X X X (e)(1) For a NO X X X X X X NO X X X X Where: “Unit's NO X X “Unit's actual control period heat input” is the heat input (in mmBtu) of the unit during the control period. (2) The Administrator will transfer any NO X (f) After making the deductions for compliance under § 97.54(b), (e), or (f) for a control period, the Administrator will determine 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's trading program budget excluding allocation set-aside” is the State's trading program budget under § 97.40 for the control period to which the allocation set-aside applies multiplied by 95 percent, rounded to the nearest whole number of NO X (g) If the Administrator determines that NO X X X (1)(i) The Administrator will not record such NO X (ii) If the Administrator already recorded such NO X X X X X X X X (iii) If the Administrator already recorded such NO X X (2) The Administrator will transfer the NO X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21646, Apr. 21, 2004] § 97.43 Compliance Supplement Pool. (a) For any NO X X (1) Each NO X 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 Administrator, by February 1, 2004. (b) For any NO X X (1) The NO X X X X X (2) The early reduction credit request under paragraph (b)(1) must be submitted, in a format specified by the Administrator, by February 1, 2004. (3) The NO X X X (c) The Administrator will review each early reduction credit request submitted in accordance with paragraph (a) or (b) of this section and will allocate NO X X (1) Upon receipt of each early reduction credit request, the Administrator will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirements of paragraph (a) or (b) of this section. (2) After February 1, 2004, the Administrator will make available to the public a statement of the total number of early reduction credits requested by NO X (3) If the State's compliance supplement pool set forth in appendix D to this subpart has a number of NO X X (4) If the State's compliance supplement pool set forth in appendix D to this subpart has a smaller number of NO X X X X Unit's allocation for early reduction credits = Unit's adjusted early reduction credits × (State's compliance supplement pool ÷ Total adjusted early reduction credits for all units) Where: “Unit's allocation for early reduction credits” is the number of NO X “Unit's adjusted early reduction credits” is the amount of early reduction credits requested for the unit for 2001 and 2002 in early reduction credit requests under paragraph (a) or (b) of this section, as adjusted under paragraph (c)(1) of this section. “State's compliance supplement pool” is the number of NO X “Total adjusted early reduction credits for all units” is the amount of early reduction credits requested for all units for 2001 and 2002 in early reduction credit requests under paragraph (a) or (b) of this section, as adjusted under paragraph (c)(1) of this section. (5) By April 1, 2004, the Administrator will determine by order the allocations under paragraph (c)(3) or (4) of this section. The Administrator will make available to the public each determination of NO X (6) By May 1, 2004, the Administrator will record the allocations under paragraph (c)(3) or (4) of this section. (7) NO X X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21646, Apr. 21, 2004; 81 FR 74604, Oct. 26, 2016] Appendix A to Subpart E of Part 97—Final Section 126 Rule: EGU Allocations, 2004-2007 ST Plant Plant_id Point_id NO X DC BENNING 603 15 80 DC BENNING 603 16 117 DE CHRISTIANA SUB 591 11 5 DE CHRISTIANA SUB 591 14 5 DE DELAWARE CITY 52193 B4 141 DE DELAWARE CITY 52193 ST_1 155 DE DELAWARE CITY 52193 ST_2 159 DE DELAWARE CITY 52193 ST_3 158 DE EDGE MOOR 593 3 234 DE EDGE MOOR 593 4 401 DE EDGE MOOR 593 5 602 DE HAY ROAD 7153 **3 184 DE HAY ROAD 7153 —1 235 DE HAY ROAD 7153 —2 207 DE INDIAN RIVER 594 1 187 DE INDIAN RIVER 594 2 194 DE INDIAN RIVER 594 3 369 DE INDIAN RIVER 594 4 729 DE MCKEE RUN 599 3 119 DE VAN SANT STATION 7318 **11 7 IN ANDERSON 7336 —ACT1 5 IN ANDERSON 7336 —ACT2 5 IN CLIFTY CREEK 983 1 558 IN CLIFTY CREEK 983 2 543 IN CLIFTY CREEK 983 3 564 IN CLIFTY CREEK 983 4 525 IN CLIFTY CREEK 983 5 561 IN CLIFTY CREEK 983 6 509 IN CONNERSVILLE 1002 1 1 IN CONNERSVILLE 1002 2 1 IN GALLAGHER 1008 1 290 IN GALLAGHER 1008 2 276 IN GALLAGHER 1008 3 347 IN GALLAGHER 1008 4 329 IN NOBLESVILLE 1007 1 48 IN NOBLESVILLE 1007 2 45 IN NOBLESVILLE 1007 3 45 IN RICHMOND 7335 —RCT1 5 IN RICHMOND 7335 —RCT2 5 IN TANNERS CREEK 988 U1 297 IN TANNERS CREEK 988 U2 235 IN TANNERS CREEK 988 U3 387 IN TANNERS CREEK 988 U4 906 IN WHITEWATER VALLEY 1040 1 74 IN WHITEWATER VALLEY 1040 2 173 KY BIG SANDY 1353 BSU1 565 KY BIG SANDY 1353 BSU2 1,741 KY CANE RUN 1363 4 397 KY CANE RUN 1363 5 332 KY CANE RUN 1363 6 430 KY COOPER 1384 1 183 KY COOPER 1384 2 367 KY DALE 1385 3 161 KY DALE 1385 4 158 KY E W BROWN 1355 1 193 KY E W BROWN 1355 10 37 KY E W BROWN 1355 2 317 KY E W BROWN 1355 3 863 KY E W BROWN 1355 8 34 KY E W BROWN 1355 9 34 KY E.W. BROWN 1355 11 21 KY EAST BEND 6018 2 1,413 KY GHENT 1356 1 1,232 KY GHENT 1356 2 1,081 KY GHENT 1356 3 1,104 KY GHENT 1356 4 1,132 KY H L SPURLOCK 6041 1 697 KY H L SPURLOCK 6041 2 1,589 KY MILL CREEK 1364 1 528 KY MILL CREEK 1364 2 600 KY MILL CREEK 1364 3 941 KY MILL CREEK 1364 4 1,096 KY PADDY'S RUN 1366 12 8 KY PINEVILLE 1360 3 67 KY TRIMBLE COUNTY 6071 1 1,221 KY TYRONE 1361 1 3 KY TYRONE 1361 2 3 KY TYRONE 1361 3 3 KY TYRONE 1361 4 3 KY TYRONE 1361 5 117 MD BRANDON SHORES 602 1 1,827 MD BRANDON SHORES 602 2 1,713 MD C P CRANE 1552 1 434 MD C P CRANE 1552 2 463 MD CHALK POINT 1571 —GT2 1 MD CHALK POINT 1571 —GT3 36 MD CHALK POINT 1571 —GT4 39 MD CHALK POINT 1571 —GT5 55 MD CHALK POINT 1571 —GT6 60 MD CHALK POINT 1571 —SGT1 24 MD CHALK POINT 1571 1 833 MD CHALK POINT 1571 2 861 MD CHALK POINT 1571 3 585 MD CHALK POINT 1571 4 522 MD DICKERSON 1572 —GT2 36 MD DICKERSON 1572 —GT3 66 MD DICKERSON 1572 1 447 MD DICKERSON 1572 2 441 MD DICKERSON 1572 3 481 MD GOULD STREET 1553 3 81 MD HERBERT A WAGNER 1554 1 134 MD HERBERT A WAGNER 1554 2 399 MD HERBERT A WAGNER 1554 3 723 MD HERBERT A WAGNER 1554 4 301 MD MORGANTOWN 1573 —GT3 9 MD MORGANTOWN 1573 —GT4 9 MD MORGANTOWN 1573 —GT5 9 MD MORGANTOWN 1573 —GT6 8 MD MORGANTOWN 1573 1 1,151 MD MORGANTOWN 1573 2 1,375 MD PANDA BRANDYWINE 54832 1 95 MD PANDA BRANDYWINE 54832 2 84 MD PERRYMAN 1556 **51 56 MD PERRYMAN 1556 —GT1 8 MD PERRYMAN 1556 —GT2 9 MD PERRYMAN 1556 —GT3 6 MD PERRYMAN 1556 —GT4 10 MD R P SMITH 1570 11 143 MD R P SMITH 1570 9 11 MD RIVERSIDE 1559 —GT6 11 MD RIVERSIDE 1559 4 40 MD VIENNA 1564 8 169 MD WESTPORT 1560 —GT5 28 MI ADA COGEN LTD 10819 CA_Ltd 23 MI BELLE RIVER 6034 1 1,589 MI BELLE RIVER 6034 2 1,672 MI DAN E KARN 1702 1 552 MI DAN E KARN 1702 2 530 MI DAN E KARN 1702 3 288 MI DAN E KARN 1702 4 310 MI ECKERT STATION 1831 1 52 MI ECKERT STATION 1831 2 47 MI ECKERT STATION 1831 3 65 MI ECKERT STATION 1831 4 116 MI ECKERT STATION 1831 5 154 MI ECKERT STATION 1831 6 131 MI ENDICOTT GENERATING STATION 4259 1 98 MI ERICKSON 1832 1 381 MI GREENWOOD 6035 1 373 MI HANCOCK 1730 5 3 MI HANCOCK 1730 6 3 MI HARBOR BEACH 1731 1 97 MI J C WEADOCK 1720 7 346 MI J C WEADOCK 1720 8 342 MI J R WHITING 1723 1 225 MI J R WHITING 1723 2 204 MI J R WHITING 1723 3 249 MI JAMES DE YOUNG 1830 5 69 MI MARYSVILLE 1732 10 22 MI MARYSVILLE 1732 11 16 MI MARYSVILLE 1732 12 17 MI MARYSVILLE 1732 9 17 MI MIDLAND COGENERATION VENTURE 10745 003 269 MI MIDLAND COGENERATION VENTURE 10745 004 276 MI MIDLAND COGENERATION VENTURE 10745 005 271 MI MIDLAND COGENERATION VENTURE 10745 006 273 MI MIDLAND COGENERATION VENTURE 10745 007 280 MI MIDLAND COGENERATION VENTURE 10745 008 277 MI MIDLAND COGENERATION VENTURE 10745 009 273 MI MIDLAND COGENERATION VENTURE 10745 010 271 MI MIDLAND COGENERATION VENTURE 10745 011 274 MI MIDLAND COGENERATION VENTURE 10745 012 269 MI MIDLAND COGENERATION VENTURE 10745 013 275 MI MIDLAND COGENERATION VENTURE 10745 014 269 MI MISTERSKY 1822 5 33 MI MISTERSKY 1822 6 155 MI MISTERSKY 1822 7 98 MI MONROE 1733 1 1,902 MI MONROE 1733 2 1,555 MI MONROE 1733 3 1,574 MI MONROE 1733 4 1,822 MI RIVER ROUGE 1740 1 0 MI RIVER ROUGE 1740 2 627 MI RIVER ROUGE 1740 3 652 MI ROUGE POWERHOUSE #1 10272 1 232 MI ST CLAIR 1743 1 339 MI ST CLAIR 1743 2 304 MI ST CLAIR 1743 3 351 MI ST CLAIR 1743 4 349 MI ST CLAIR 1743 5 0 MI ST CLAIR 1743 6 646 MI ST CLAIR 1743 7 733 MI TRENTON CHANNEL 1745 16 132 MI TRENTON CHANNEL 1745 17 124 MI TRENTON CHANNEL 1745 18 130 MI TRENTON CHANNEL 1745 19 126 MI TRENTON CHANNEL 1745 9A 968 MI WYANDOTTE 1866 5 8 MI WYANDOTTE 1866 7 81 MI WYANDOTTE 1866 8 36 NC ASHEVILLE 2706 1 491 NC ASHEVILLE 2706 2 479 NC BELEWS CREEK 8042 1 2,306 NC BELEWS CREEK 8042 2 2,688 NC BUCK 2720 5 59 NC BUCK 2720 6 65 NC BUCK 2720 7 69 NC BUCK 2720 8 284 NC BUCK 2720 9 300 NC BUTLER WARNER GEN PL 1016 —1 40 NC BUTLER WARNER GEN PL 1016 —2 40 NC BUTLER WARNER GEN PL 1016 —3 40 NC BUTLER WARNER GEN PL 1016 —6 42 NC BUTLER WARNER GEN PL 1016 —7 40 NC BUTLER WARNER GEN PL 1016 —8 40 NC BUTLER WARNER GEN PL 1016 —9 103 NC CAPE FEAR 2708 5 255 NC CAPE FEAR 2708 6 361 NC CLIFFSIDE 2721 1 67 NC CLIFFSIDE 2721 2 73 NC CLIFFSIDE 2721 3 95 NC CLIFFSIDE 2721 4 107 NC CLIFFSIDE 2721 5 1,180 NC COGENTRIX-ROCKY MOUNT 50468 ST_unt 303 NC COGENTRIX ELIZABETHTOWN 10380 ST_OWN 111 NC COGENTRIX KENANSVILLE 10381 ST_LLE 102 NC COGENTRIX LUMBERTON 10382 ST_TON 111 NC COGENTRIX ROXBORO 10379 ST_ORO 166 NC COGENTRIX SOUTHPORT 10378 ST_ORT 335 NC DAN RIVER 2723 1 117 NC DAN RIVER 2723 2 128 NC DAN RIVER 2723 3 271 NC G G ALLEN 2718 1 311 NC G G ALLEN 2718 2 316 NC G G ALLEN 2718 3 525 NC G G ALLEN 2718 4 470 NC G G ALLEN 2718 5 514 NC L V SUTTON 2713 1 162 NC L V SUTTON 2713 2 176 NC L V SUTTON 2713 3 717 NC L V SUTTON 2713 CT2B 2 NC LEE 2709 1 129 NC LEE 2709 2 142 NC LEE 2709 3 414 NC LEE 2709 CT4 1 NC LINCOLN 7277 1 33 NC LINCOLN 7277 10 31 NC LINCOLN 7277 11 33 NC LINCOLN 7277 12 31 NC LINCOLN 7277 13 26 NC LINCOLN 7277 14 26 NC LINCOLN 7277 15 25 NC LINCOLN 7277 16 25 NC LINCOLN 7277 2 33 NC LINCOLN 7277 3 31 NC LINCOLN 7277 4 31 NC LINCOLN 7277 5 29 NC LINCOLN 7277 6 30 NC LINCOLN 7277 7 24 NC LINCOLN 7277 8 25 NC LINCOLN 7277 9 32 NC MARSHALL 2727 1 899 NC MARSHALL 2727 2 940 NC MARSHALL 2727 3 1,588 NC MARSHALL 2727 4 1,570 NC MAYO 6250 1A 893 NC MAYO 6250 1B 875 NC PANDA-ROSEMARY 50555 CT_ary 62 NC PANDA-ROSEMARY 50555 CW_ary 47 NC RIVERBEND 2732 10 266 NC RIVERBEND 2732 7 193 NC RIVERBEND 2732 8 200 NC RIVERBEND 2732 9 253 NC ROANOKE VALLEY 50254 1 440 NC ROANOKE VALLEY 50254 2 140 NC ROXBORO 2712 1 766 NC ROXBORO 2712 2 1,426 NC ROXBORO 2712 3A 792 NC ROXBORO 2712 3B 785 NC ROXBORO 2712 4A 778 NC ROXBORO 2712 4B 733 NC TOBACCOVILLE 50221 1 53 NC TOBACCOVILLE 50221 2 53 NC TOBACCOVILLE 50221 3 53 NC TOBACCOVILLE 50221 4 53 NC UNC—CHAPEL HILL 54276 ST_ill 14 NC W H WEATHERSPOON 2716 1 76 NC W H WEATHERSPOON 2716 2 86 NC W H WEATHERSPOON 2716 3 161 NC W H WEATHERSPOON 2716 CT-1 4 NC W H WEATHERSPOON 2716 CT-2 3 NC W H WEATHERSPOON 2716 CT-3 2 NC W H WEATHERSPOON 2716 CT-4 4 NJ B L ENGLAND 2378 1 353 NJ B L ENGLAND 2378 2 417 NJ B L ENGLAND 2378 3 114 NJ BAYONNE 50497 1 139 NJ BAYONNE 50497 2 143 NJ BAYONNE 50497 3 140 NJ BERGEN 2398 1101 152 NJ BERGEN 2398 1201 157 NJ BERGEN 2398 1301 155 NJ BERGEN 2398 1401 152 NJ BURLINGTON 2399 101 30 NJ BURLINGTON 2399 102 34 NJ BURLINGTON 2399 103 39 NJ BURLINGTON 2399 104 47 NJ BURLINGTON 2399 11-1 2 NJ BURLINGTON 2399 11-2 2 NJ BURLINGTON 2399 11-3 2 NJ BURLINGTON 2399 11-4 2 NJ BURLINGTON 2399 7 17 NJ BURLINGTON 2399 9-1 4 NJ BURLINGTON 2399 9-2 4 NJ BURLINGTON 2399 9-3 4 NJ BURLINGTON 2399 9-4 4 NJ CAMDEN 10751 1 378 NJ CARLL'S CORNER STATION 2379 1 2 NJ CARLL'S CORNER STATION 2379 2 16 NJ CARNEYS POINT (CCLP) NUG 10566 ST_NUG 527 NJ CEDAR STATION 2380 1E&W 5 NJ CUMBERLAND 5083 —GT1 40 NJ DEEPWATER 2384 1 49 NJ DEEPWATER 2384 4 5 NJ DEEPWATER 2384 6 42 NJ DEEPWATER 2384 8 195 NJ EDISON 2400 1-1A&B 3 NJ EDISON 2400 1-2A&B 3 NJ EDISON 2400 1-3A&B 3 NJ EDISON 2400 1-4A&B 3 NJ EDISON 2400 2-1A&B 7 NJ EDISON 2400 2-2A&B 7 NJ EDISON 2400 2-3A&B 7 NJ EDISON 2400 2-4A&B 7 NJ EDISON 2400 3-1A&B 7 NJ EDISON 2400 3-2A&B 7 NJ EDISON 2400 3-3A&B 7 NJ EDISON 2400 3-4A&B 7 NJ ESSEX 2401 10-1A&B 10 NJ ESSEX 2401 10-2A&B 10 NJ ESSEX 2401 10-3A&B 10 NJ ESSEX 2401 10-4A&B 10 NJ ESSEX 2401 11-1A&B 11 NJ ESSEX 2401 11-2A&B 11 NJ ESSEX 2401 11-3A&B 11 NJ ESSEX 2401 11-4A&B 11 NJ ESSEX 2401 12-1A&B 13 NJ ESSEX 2401 12-2A&B 13 NJ ESSEX 2401 12-3A&B 13 NJ ESSEX 2401 12-4A&B 13 NJ ESSEX 2401 9 66 NJ FORKED RIVER 7138 —1 17 NJ FORKED RIVER 7138 —2 17 NJ GILBERT 2393 03 47 NJ GILBERT 2393 04 64 NJ GILBERT 2393 05 63 NJ GILBERT 2393 06 61 NJ GILBERT 2393 07 63 NJ GILBERT 2393 1 4 NJ GILBERT 2393 2 4 NJ GILBERT 2393 CT-9 61 NJ HUDSON 2403 1 175 NJ HUDSON 2403 2 884 NJ HUDSON 2403 3 3 NJ KEARNY 2404 10 26 NJ KEARNY 2404 11 34 NJ KEARNY 2404 12-1 8 NJ KEARNY 2404 12-2 8 NJ KEARNY 2404 12-3 8 NJ KEARNY 2404 12-4 8 NJ KEARNY 2404 7 35 NJ KEARNY 2404 8 16 NJ LINDEN 2406 11 16 NJ LINDEN 2406 12 11 NJ LINDEN 2406 13 20 NJ LINDEN 2406 2 52 NJ LINDEN 2406 6 2 NJ LINDEN 2406 7 60 NJ LINDEN 2406 8 70 NJ LINDEN COGEN 50006 100 276 NJ LINDEN COGEN 50006 200 280 NJ LINDEN COGEN 50006 300 274 NJ LINDEN COGEN 50006 400 272 NJ LINDEN COGEN 50006 500 278 NJ LOGAN GENERATING PLANT 10043 1 424 NJ MERCER 2408 1 489 NJ MERCER 2408 2 558 NJ MICKELTON 8008 1 28 NJ MIDDLE ST 2382 3 4 NJ MILFORD POWER LP 10616 1 44 NJ MOBIL NUG n114 CT_NUG 40 NJ NEWARK BAY COGEN 50385 1 9 NJ NEWARK BAY COGEN 50385 2 9 NJ NORTH JERSEY ENERGY ASSOCIATES 10308 1 19 NJ NORTH JERSEY ENERGY ASSOCIATES 10308 2 19 NJ O'BRIEN (NEWARK) COGENERATION, INC. 50797 1 8 NJ O'BRIEN (PARLIN) COGENERATION, INC. 50799 1 8 NJ O'BRIEN (PARLIN) COGENERATION, INC. 50799 2 8 NJ PEDRICKTOWN COGEN 10099 1 13 NJ PRIME ENERGY LP 50852 1 178 NJ SALEM 2410 3A&B 3 NJ SAYREVILLE 2390 07 40 NJ SAYREVILLE 2390 08 51 NJ SAYREVILLE 2390 C-1 16 NJ SAYREVILLE 2390 C-2 13 NJ SAYREVILLE 2390 C-3 11 NJ SAYREVILLE 2390 C-4 13 NJ SEWAREN 2411 1 42 NJ SEWAREN 2411 2 45 NJ SEWAREN 2411 3 58 NJ SEWAREN 2411 4 91 NJ SEWAREN 2411 6 2 NJ SHERMAN 7288 CT-1 37 NJ VINELAND VCLP NUG 54807 GT_NUG 40 NJ WERNER 2385 04 14 NJ WERNER 2385 C-1 7 NJ WERNER 2385 C-2 6 NJ WERNER 2385 C-3 7 NJ WERNER 2385 C-4 7 NJ WEST STAT 6776 1 10 NY 59TH STREET 2503 114 41 NY 59TH STREET 2503 115 32 NY 74TH STREET 2504 120 70 NY 74TH STREET 2504 121 80 NY 74TH STREET 2504 122 65 NY ARTHUR KILL 2490 20 524 NY ARTHUR KILL 2490 30 380 NY ASTORIA 8906 30 557 NY ASTORIA 8906 40 505 NY ASTORIA 8906 50 561 NY ASTORIA 8906 GT2-1 9 NY ASTORIA 8906 GT2-2 9 NY ASTORIA 8906 GT2-3 9 NY ASTORIA 8906 GT2-4 9 NY ASTORIA 8906 GT3-1 9 NY ASTORIA 8906 GT3-2 9 NY ASTORIA 8906 GT3-3 9 NY ASTORIA 8906 GT3-4 9 NY ASTORIA 8906 GT4-1 9 NY ASTORIA 8906 GT4-2 9 NY ASTORIA 8906 GT4-3 9 NY ASTORIA 8906 GT4-4 9 NY BOWLINE POINT 2625 1 749 NY BOWLINE POINT 2625 2 566 NY BROOKLYN NAVY YARD 54914 1 239 NY BROOKLYN NAVY YARD 54914 2 220 NY CHARLES POLETTI 2491 001 883 NY DANSKAMMER 2480 1 34 NY DANSKAMMER 2480 2 45 NY DANSKAMMER 2480 3 229 NY DANSKAMMER 2480 4 449 NY EF BARRETT 2511 10 285 NY EF BARRETT 2511 20 287 NY EAST RIVER 2493 50 33 NY EAST RIVER 2493 60 319 NY EAST RIVER 2493 70 113 NY FAR ROCKAWAY 2513 40 138 NY GLENWOOD 2514 40 151 NY GLENWOOD 2514 50 124 NY GLENWOOD 2514 U00020 1 NY GLENWOOD 2514 U00021 1 NY HUDSON AVENUE 2496 100 162 NY LOVETT 2629 3 74 NY LOVETT 2629 4 304 NY LOVETT 2629 5 380 NY NISSEQUOGUE COGEN PARTNERS 4931 1 86 NY NORTHPORT 2516 1 343 NY NORTHPORT 2516 2 533 NY NORTHPORT 2516 3 375 NY NORTHPORT 2516 4 582 NY O&R HILLBURN GT 2628 1 2 NY O&R SHOEMAKER GT 2632 1 10 NY PORT JEFFERSON 2517 3 270 NY PORT JEFFERSON 2517 4 253 NY RAVENSWOOD 2500 10 299 NY RAVENSWOOD 2500 20 363 NY RAVENSWOOD 2500 30 1,360 NY RAVENSWOOD 2500 GT2-1 3 NY RAVENSWOOD 2500 GT2-2 3 NY RAVENSWOOD 2500 GT2-3 3 NY RAVENSWOOD 2500 GT2-4 3 NY RAVENSWOOD 2500 GT3-1 3 NY RAVENSWOOD 2500 GT3-2 3 NY RAVENSWOOD 2500 GT3-3 3 NY RAVENSWOOD 2500 GT3-4 3 NY RICHARD M FLYNN 7314 NA1 246 NY RICHARD M FLYNN 7314 NA2 25 NY ROSETON 8006 1 479 NY ROSETON 8006 2 595 NY TRIGEN-NDEC 52056 4 105 NY WADING RIVER 7146 1 8 NY WADING RIVER 7146 2 8 NY WADING RIVER 7146 3 8 NY WADING RIVER 7146 UGT013 1 NY WATERSIDE 2502 61 84 NY WATERSIDE 2502 62 91 NY WATERSIDE 2502 80 208 NY WATERSIDE 2502 90 208 NY WEST BABYLON 2521 1 2 OH ASHTABULA 2835 10 75 OH ASHTABULA 2835 11 80 OH ASHTABULA 2835 7 333 OH ASHTABULA 2835 8 70 OH ASHTABULA 2835 9 66 OH AVON LAKE 2836 10 139 OH AVON LAKE 2836 12 1,040 OH AVON LAKE 2836 9 41 OH AVON LAKE 2836 CT10 3 OH BAY SHORE 2878 1 208 OH BAY SHORE 2878 2 229 OH BAY SHORE 2878 3 213 OH BAY SHORE 2878 4 330 OH CARDINAL 2828 1 1,030 OH CARDINAL 2828 2 1,083 OH CARDINAL 2828 3 1,079 OH CONESVILLE 2840 1 214 OH CONESVILLE 2840 2 203 OH CONESVILLE 2840 3 212 OH CONESVILLE 2840 4 1,119 OH CONESVILLE 2840 5 731 OH CONESVILLE 2840 6 736 OH DICKS CREEK 2831 1 7 OH EASTLAKE 2837 1 214 OH EASTLAKE 2837 2 230 OH EASTLAKE 2837 3 251 OH EASTLAKE 2837 4 371 OH EASTLAKE 2837 5 974 OH EASTLAKE 2837 6 1 OH EDGEWATER 2857 13 65 OH EDGEWATER 2857 A 1 OH EDGEWATER 2857 B 1 OH FRANK M TAIT 2847 GT1 23 OH FRANK M TAIT 2847 GT2 25 OH GEN J M GAVIN 8102 1 2,744 OH GEN J M GAVIN 8102 2 2,981 OH HAMILTON 2917 9 110 OH J M STUART 2850 1 1,054 OH J M STUART 2850 2 1,228 OH J M STUART 2850 3 1,074 OH J M STUART 2850 4 1,106 OH KILLEN STATION 6031 2 1,706 OH KYGER CREEK 2876 1 471 OH KYGER CREEK 2876 2 471 OH KYGER CREEK 2876 3 478 OH KYGER CREEK 2876 4 465 OH KYGER CREEK 2876 5 455 OH LAKE SHORE 2838 18 195 OH MAD RIVER 2860 A 2 OH MAD RIVER 2860 B 2 OH MIAMI FORT 2832 5-1 35 OH MIAMI FORT 2832 5-2 35 OH MIAMI FORT 2832 6 398 OH MIAMI FORT 2832 7 1,044 OH MIAMI FORT 2832 8 1,015 OH MIAMI FORT 2832 CT2 1 OH MUSKINGUM RIVER 2872 1 309 OH MUSKINGUM RIVER 2872 2 316 OH MUSKINGUM RIVER 2872 3 347 OH MUSKINGUM RIVER 2872 4 349 OH MUSKINGUM RIVER 2872 5 1,105 OH NILES 2861 1 212 OH NILES 2861 2 160 OH NILES 2861 A 2 OH O H HUTCHINGS 2848 H-1 24 OH O H HUTCHING 2848 H-2 37 OH O H HUTCHINGS 2848 H-3 64 OH O H HUTCHINGS 2848 H-4 68 OH O H HUTCHINGS 2848 H-5 62 OH O H HUTCHINGS 2848 H-6 69 OH O H HUTCHINGS 2848 H-7 1 OH PICWAY 2843 9 141 OH R E BURGER 2864 1 0 OH R E BURGER 2864 2 0 OH R E BURGER 2864 3 0 OH R E BURGER 2864 4 0 OH R E BURGER 2864 5 14 OH R E BURGER 2864 6 13 OH R E BURGER 2864 7 337 OH R E BURGER 2864 8 274 OH RICHARD GORSUCH 7286 1 146 OH RICHARD GORSUCH 7286 2 138 OH RICHARD GORSUCH 7286 3 144 OH RICHARD GORSUCH 7286 4 146 OH W H SAMMIS 2866 1 402 OH W H SAMMIS 2866 2 418 OH W H SAMMIS 2866 3 400 OH W H SAMMIS 2866 4 415 OH W H SAMMIS 2866 5 631 OH W H SAMMIS 2866 6 1,221 OH W H SAMMIS 2866 7 1,259 OH W H ZIMMER 6019 1 2,918 OH WALTER C BECKJORD 2830 1 167 OH WALTER C BECKJORD 2830 2 198 OH WALTER C BECKJORD 2830 3 281 OH WALTER C BECKJORD 2830 4 347 OH WALTER C BECKJORD 2830 5 481 OH WALTER C BECKJORD 2830 6 850 OH WALTER C BECKJORD 2830 CT1 3 OH WALTER C BECKJORD 2830 CT2 3 OH WALTER C BECKJORD 2830 CT3 4 OH WALTER C BECKJORD 2830 CT4 2 OH WEST LORAIN 2869 1A 0 OH WEST LORAIN 2869 1B 0 OH WOODSDALE 7158 —GT1 30 OH WOODSDALE 7158 —GT2 30 OH WOODSDALE 7158 —GT3 39 OH WOODSDALE 7158 —GT4 37 OH WOODSDALE 7158 —GT5 40 OH WOODSDALE 7158 —GT6 39 PA AES BEAVER VALLEY 10676 032 144 PA AES BEAVER VALLEY 10676 033 131 PA AES BEAVER VALLEY 10676 034 133 PA AES BEAVER VALLEY 10676 035 67 PA ARMSTRONG 3178 1 363 PA ARMSTRONG 3178 2 383 PA BRUCE MANSFIELD 6094 1 1,657 PA BRUCE MANSFIELD 6094 2 1,672 PA BRUCE MANSFIELD 6094 3 1,636 PA BRUNNER ISLAND 3140 1 568 PA BRUNNER ISLAND 3140 2 718 PA BRUNNER ISLAND 3140 3 1,539 PA BRUNOT ISLAND 3096 2A 0 PA BRUNOT ISLAND 3096 2B 0 PA BRUNOT ISLAND 3096 3 0 PA CAMBRIA COGEN 10641 1 155 PA CAMBRIA COGEN 10641 2 161 PA CHESWICK 8226 1 1,119 PA COLVER POWER PROJECT 10143 1 291 PA CONEMAUGH 3118 1 2,167 PA CONEMAUGH 3118 2 1,995 PA CROMBY 3159 1 377 PA CROMBY 3159 2 201 PA DELAWARE 3160 71 61 PA DELAWARE 3160 81 56 PA EBENSBURG POWER 10603 1 191 PA EDDYSTONE 3161 1 565 PA EDDYSTONE 3161 2 636 PA EDDYSTONE 3161 3 207 PA EDDYSTONE 3161 4 237 PA ELRAMA 3098 1 214 PA ELRAMA 3098 2 209 PA ELRAMA 3098 3 208 PA ELRAMA 3098 4 428 PA FOSTER WHEELER MT. CARMEL 10343 AB_NUG 152 PA GILBERTON POWER NUG 010113 AB_NUG 273 PA GPU GENCO WAYNE 3134 1 8 PA HATFIELD'S FERRY 3179 1 1,155 PA HATFIELD'S FERRY 3179 2 1,029 PA HATFIELD'S FERRY 3179 3 1,087 PA HOLTWOOD 3145 17 246 PA HOMER CITY 3122 1 1,471 PA HOMER CITY 3122 2 1,553 PA HOMER CITY 3122 3 1,437 PA HUNLOCK PWR STATION 3176 6 131 PA KEYSTONE 3136 1 2,154 PA KEYSTONE 3136 2 2,133 PA KIMBERLY-CLARK 3157 10 211 PA MARTINS CREEK 3148 1 314 PA MARTINS CREEK 3148 2 293 PA MARTINS CREEK 3148 3 543 PA MARTINS CREEK 3148 4 500 PA MITCHELL 3181 1 10 PA MITCHELL 3181 2 6 PA MITCHELL 3181 3 9 PA MITCHELL 3181 33 556 PA MONTOUR 3149 1 1,560 PA MONTOUR 3149 2 1,673 PA MOUNTAIN 3111 1 5 PA MOUNTAIN 3111 2 5 PA NEW CASTLE 3138 3 190 PA NEW CASTLE 3138 4 195 PA NEW CASTLE 3138 5 245 PA NORCON POWER PARTNERS LP 54571 1 103 PA NORCON POWER PARTNERS LP 54571 2 109 PA NORTHAMPTION GENERATING 50888 1 291 PA NORTHEASTERN POWER 50039 188 PA PANTHER CREEK 50776 1 134 PA PANTHER CREEK 50776 2 130 PA PECO ENERGY CROYDEN 8012 11 11 PA PECO ENERGY CROYDEN 8012 12 9 PA PECO ENERGY CROYDEN 8012 21 5 PA PECO ENERGY CROYDEN 8012 22 11 PA PECO ENERGY CROYDEN 8012 31 13 PA PECO ENERGY CROYDEN 8012 32 6 PA PECO ENERGY CROYDEN 8012 41 11 PA PECO ENERGY CROYDEN 8012 42 9 PA PECO ENERGY RICHMOND 3168 91 10 PA PECO ENERGY RICHMOND 3168 92 9 PA PHILLIPS POWER STATION 3099 3 0 PA PHILLIPS POWER STATION 3099 4 0 PA PHILLIPS POWER STATION 3099 5 0 PA PHILLIPS POWER STATION 3099 6 0 PA PINEY CREEK 54144 1 102 PA PORTLAND 3113 —5 48 PA PORTLAND 3113 1 266 PA PORTLAND 3113 2 412 PA SCHUYLKILL 3169 1 84 PA SCHUYLKILL ENERGY RESOURCES 880010 1 289 PA SCHUYLKILL STATION (TURBI 50607 AB_NUG 701 PA SCRUBGRASS GENERATING PLANT 50974 1 124 PA SCRUBGRASS GENERATING PLANT 50974 2 123 PA SEWARD 3130 12 64 PA SEWARD 3130 14 72 PA SEWARD 3130 15 355 PA SHAWVILLE 3131 1 295 PA SHAWVILLE 3131 2 294 PA SHAWVILLE 3131 3 380 PA SHAWVILLE 3131 4 392 PA SUNBURY 3152 1A 134 PA SUNBURY 3152 1B 122 PA SUNBURY 3152 2A 130 PA SUNBURY 3152 2B 134 PA SUNBURY 3152 3 263 PA SUNBURY 3152 4 302 PA TITUS 3115 1 161 PA TITUS 3115 2 152 PA TITUS 3115 3 151 PA TOLNA 3116 1 3 PA TOLNA 3116 2 4 PA TRIGEN ENERGY SANSOM 880006 1 12 PA TRIGEN ENERGY SANSOM 880006 2 10 PA TRIGEN ENERGY SANSOM 880006 3 5 PA TRIGEN ENERGY SANSOM 880006 4 6 PA WARREN 3132 1 47 PA WARREN 3132 2 32 PA WARREN 3132 3 40 PA WARREN 3132 4 42 PA WARREN 3132 CT1 14 PA WESTWOOD ENERGY PROPERTIE 50611 031 98 PA WHEELABRATOR FRACKVILLE E 50879 GEN1 161 PA WILLIAMS GEN—HAZELTON 10870 HRSG 16 PA WILLIAMS GEN—HAZELTON 10870 TURBN 141 VA BELLMEADE 7696 1 76 VA BELLMEADE 7696 2 88 VA BREMO BLUFF 3796 3 137 VA BREMO BLUFF 3796 4 386 VA CHESAPEAKE 3803 1 298 VA CHESAPEAKE 3803 2 308 VA CHESAPEAKE 3803 3 370 VA CHESAPEAKE 3803 4 571 VA CHESAPEAKE CORP. 10017 ST_rp. 59 VA CHESTERFIELD 3797 —8 263 VA CHESTERFIELD 3797 3 232 VA CHESTERFIELD 3797 4 389 VA CHESTERFIELD 3797 5 769 VA CHESTERFIELD 3797 6 1,348 VA CHESTERFIELD 3797 7 316 VA CLINCH RIVER 3775 1 548 VA CLINCH RIVER 3775 2 520 VA CLINCH RIVER 3775 3 575 VA CLOVER 7213 1 1,033 VA CLOVER 7213 2 1,118 VA COGENTRIX—HOPEWELL 10377 ST_ell 327 VA COGENTRIX—PORTSMOUTH 10071 ST_uth 356 VA COGENTRIX RICHMOND 1 54081 ST_d 1 299 VA COGENTRIX RICHMOND 2 54081 ST_d 2 209 VA COMMONWEALTH ATLANTIC LP 52087 GT_LP 35 VA DARBYTOWN 7212 —1 29 VA DARBYTOWN 7212 —2 28 VA DARBYTOWN 7212 —3 30 VA DARBYTOWN 7212 —4 29 VA DOSWELL #1 52019 CA_#1 46 VA DOSWELL #1 52019 CT_#1 94 VA DOSWELL #2 52019 CA_#2 46 VA DOSWELL #2 52019 CT_#2 94 VA GLEN LYN 3776 51 101 VA GLEN LYN 3776 52 110 VA GLEN LYN 3776 6 487 VA GORDONSVILLE 1 54844 CA_e 1 16 VA GORDONSVILLE 1 54844 CT_e 1 33 VA GORDONSVILLE 2 54844 CA_Xe 2 17 VA GORDONSVILLE 2 54844 CT_e 2 34 VA GRAVEL NECK 7032 —3 21 VA GRAVEL NECK 7032 —X4 24 VA GRAVEL NECK 7032 —5 14 VA GRAVEL NECK 7032 —6 18 VA HOPEWELL COGEN, INC. 10633 CT_nc. 102 VA HOPEWELL COGEN, INC. 10633 CW_nc. 53 VA LG&E-WESTMORELAND ALTAVISTA 10773 1 18 VA LG&E-WESTMORELAND ALTAVISTA 10773 2 18 VA LG&E-WESTMORELAND HOPEWELL 10771 1 17 VA LG&E-WESTMORELAND HOPEWELL 10771 2 16 VA LG&E-WESTMORELAND SOUTHAMPTON 10774 1 23 VA LG&E-WESTMORELAND SOUTHAMPTON 10774 2 29 VA MECKLENBURG 52007 ST_urg 234 VA POSSUM POINT 3804 3 221 VA POSSUM POINT 3804 4 528 VA POSSUM POINT 3804 5 322 VA POTOMAC RIVER 3788 1 203 VA POTOMAC RIVER 3788 2 139 VA POTOMAC RIVER 3788 3 232 VA POTOMAC RIVER 3788 4 223 VA POTOMAC RIVER 3788 5 222 VA SEI BIRCHWOOD 12 1 305 VA TASLEY 3785 10 6 VA YORKTOWN 3809 1 386 VA YORKTOWN 3809 2 419 VA YORKTOWN 3809 3 764 WV ALBRIGHT 3942 1 76 WV ALBRIGHT 3942 2 71 WV ALBRIGHT 3942 3 241 WV FORT MARTIN 3943 1 887 WV FORT MARTIN 3943 2 868 WV GRANT TOWN 10151 ST_own 156 WV HARRISON 3944 1 1,385 WV HARRISON 3944 2 1,444 WV HARRISON 3944 3 1,505 WV JOHN E AMOS 3935 1 1,254 WV JOHN E AMOS 3935 2 1,198 WV JOHN E AMOS 3935 3 1,859 WV KAMMER 3947 1 399 WV KAMMER 3947 2 418 WV KAMMER 3947 3 447 WV KANAWHA RIVER 3936 1 336 WV KANAWHA RIVER 3936 2 323 WV MITCHELL 3948 1 1,288 WV MITCHELL 3948 2 1,191 WV MORGANTOWN ENERGY ASSOCIATES 27 1 80 WV MORGANTOWN ENERGY ASSOCIATES 27 2 80 WV MOUNTAINEER (1301) 6264 1 1,952 WV MT STORM 3954 1 1,048 WV MT STORM 3954 2 1,127 WV MT STORM 3954 3 1,236 WV NORTH BRANCH 7537 1A 51 WV NORTH BRANCH 7537 1B 53 WV PHIL SPORN 3938 11 239 WV PHIL SPORN 3938 21 215 WV PHIL SPORN 3938 31 239 WV PHIL SPORN 3938 41 230 WV PHIL SPORN 3938 51 708 WV PLEASANTS 6004 1 1,296 WV PLEASANTS 6004 2 1,165 WV RIVESVILLE 3945 7 38 WV RIVESVILLE 3945 8 88 WV WILLOW ISLAND 3946 1 79 WV WILLOW ISLAND 3946 2 246 [65 FR 2727, Jan. 18, 2000, as amended at 66 FR 48575, Sept. 21, 2001. Redesignated at 81 FR 74650, Oct. 26, 2016] Appendix B to Subpart E of Part 97—Final Section 126 Rule: Non-EGU Allocations, 2004-2007 State County Plant Plant ID Point ID NO X DC Washington GSA CENTRAL HEATING PLANT 0025 003 0 DC Washington GSA CENTRAL HEATING PLANT 0025 004 0 DC Washington GSA CENTRAL HEATING PLANT 0025 005 0 DC Washington GSA CENTRAL HEATING PLANT 0025 006 0 DC Washington GSA WEST HEATING PLANT 0024 003 13 DC Washington GSA WEST HEATING PLANT 0024 005 12 DE Kent KRAFT FOODS INC 0007 001 0 DE New Castle MOTIVA ENTERPRISES (FORMERLY STAR ENTERPRISE, DELAWARE CITY PLANT) 0016 002 102 DE New Castle MOTIVA ENTERPRISES (FORMERLY STAR ENTERPRISE, DELAWARE CITY PLANT) 0016 012 118 KY Boyd ASHLAND OIL INC 0004 061 23 KY Lawrence KENTUCKY POWER CO 0003 004 0 MD Baltimore BETHLEHEM STEEL 0147 016 75 MD Baltimore BETHLEHEM STEEL 0147 017 75 MD Baltimore BETHLEHEM STEEL 0147 018 75 MD Baltimore BETHLEHEM STEEL 0147 019 75 MD Allegany WESTVACO 0011 001 289 MD Allegany WESTVACO 0011 002 373 MI Wayne DETROIT EDISON CO B2810 0003 31 MI Midland DOW CHEMICAL USA A4033 0401 6 MI Midland DOW CHEMICAL USA A4033 0402 0 MI Wayne DSC LTD B3680 0006 30 MI Genesee GENERAL MOTORS CORP A1178 0501 63 MI Genesee GENERAL MOTORS CORP A1178 0502 47 MI Oakland GENERAL MOTORS CORP B4031 0506 22 MI Genesee GENERAL MOTORS CORP A1178 0507 20 MI Oakland GENERAL MOTORS CORP B4032 0510 4 MI Kalamazoo GEORGIA PACIFIC CORP B4209 0005 6 MI Kalamazoo JAMES RIVER PAPER CO INC B1678 0003 90 MI Wayne MARATHON OIL COMPANY A9831 0001 109 MI Allegan MENASHA CORP A0023 0024 71 MI Allegan MENASHA CORP A0023 0025 69 MI Ingham MICHIGAN STATE UNIVERSITY K3249 0053 110 MI Ingham MICHIGAN STATE UNIVERSITY K3249 0054 118 MI Ingham MICHIGAN STATE UNIVERSITY K3249 0055 77 MI Ingham MICHIGAN STATE UNIVERSITY K3249 0056 73 MI Washtenaw THE REGENTS OF THE UNIVERSITY OF MICHIGAN M0675 0001 40 MI Washtenaw THE REGENTS OF THE UNIVERSITY OF MICHIGAN M0675 0002 37 MI Oakland WILLIAM BEAUMONT HOSPITAL G5067 0010 0 MI Oakland WILLIAM BEAUMONT HOSPITAL G5067 0011 0 NC Haywood BLUE RIDGE PAPER PRODUCTS INC 0159 005 129 NC Haywood CHAMPION INT CORP 0159 001 98 NC Haywood CHAMPION INT CORP 0159 002 88 NC Haywood CHAMPION INT CORP 0159 003 200 NC Haywood CHAMPION INT CORP 0159 004 176 NC Halifax CHAMPION INTERNATIONAL CORP. ROANOKE RAP 0007 001 340 NC Guilford CONE MILLS CORP—WHITE OAK PLANT 0863 004 50 NC Cabarrus FIELDCREST—CANNON PLT 1 KANNAPOLIS 0006 001 77 NC Columbus INTERNATIONAL PAPER: RIEGELWOOD 0036 003 90 NC Columbus INTERNATIONAL PAPER: RIEGELWOOD 0036 004 228 NC Martin WEYERHAEUSER PAPER CO. PLYMOUTH 0069 001 265 NC Craven WEYERHAUSER COMPANY NEW BERN MILL 0104 005 205 NC Craven WEYERHAEUSER COMPANY NEW BERN MILL 0104 006 72 NC Martin WEYERHAEUSER COMPANY PLYMOUTH 0069 009 25 NJ Middlesex BALL—INCON GLASS PACKAGING 15035 001 46 NJ Hudson BEST FOODS CPC INTERNATIONAL I 10003 003 27 NJ Middlesex CHEVRON U.S.A., INC 15023 001 17 NJ Middlesex CHEVRON U.S.A., INC 15023 043 55 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 001 3 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 038 11 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 039 11 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 040 11 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 064 38 NJ Gloucester COASTAL EAGLE POINT OIL COMPAN 55004 123 37 NJ Middlesex DEGUSSA CORPORATION-METZ DIVIS 15305 009 15 NJ Union EXXON CORPORATION 40003 001 57 NJ Union EXXON CORPORATION 40003 007 22 NJ Union EXXON CORPORATION 40003 014 98 NJ Union EXXON CORPORATION 40003 015 14 NJ Middlesex HERCULES INCORPORATED 15017 001 38 NJ Middlesex HERCULES INCORPORATED 15017 002 37 NJ Warren HOFFMAN LAROCHE INC 85010 034 45 NJ Mercer HOMASCTE COMPANY 60018 001 290 NJ Mercer HOMASCTE COMPANY 60018 002 312 NJ Passaic INTERNATIONAL VEILING CORPORAT 30098 001 22 NJ Bergen MALT PRODUCTS CORPORATION 00322 001 27 NJ Atlantic MARINA ASSOCIATES 70009 001 330 NJ Atlantic MARINA ASSOCIATES 70009 002 329 NJ Atlantic MARINA ASSOCIATES 70009 003 990 NJ Union MERCK & CO., INC 40009 001 66 NJ Union MERCK & CO., INC 40009 002 61 NJ Union MERCK & CO., INC 40009 003 56 NJ Union MERCK & CO., INC 40009 004 75 NJ Union MERCK & CO., INC 40009 005 89 NJ Union MERCK & CO., INC 40009 006 103 NJ Gloucester MOBIL OIL CORPORATION 55006 001 54 NJ Gloucester MOBIL OIL CORPORATION 55006 002 54 NJ Gloucester MOBIL OIL CORPORATION 55006 003 54 NJ Gloucester MOBIL OIL CORPORATION 55006 004 49 NJ Gloucester MOBIL OIL CORPORATION 55006 005 16 NJ Gloucester MOBIL OIL CORPORATION 55006 006 105 NJ Gloucester MOBIL OIL CORPORATION 55006 027 0 NJ Gloucester MOBIL OIL CORPORATION 55006 270 14 NJ Monmouth NESTLE CO., INC., THE 20004 006 13 NJ Monmouth NESTLE CO., INC., THE 20004 007 13 NJ Middlesex NEW JERSEY STEEL CORPORATION 15076 001 18 NJ Gloucester PETROLEUM RECYCLING, INC 55180 020 169 NJ Atlantic SCOTT PAPER COMPANY 70011 002 89 NJ Atlantic SCOTT PAPER COMPANY 70011 003 75 NJ Atlantic SCOTT PAPER COMPANY 70011 004 99 NJ Mercer STONY BROOK REGIONAL SEWERAGE 60248 001 55 NJ Mercer STONY BROOK REGIONAL SEWERAGE 60248 002 55 NY Kings HUDSON AVENUE 2496 B71 19 NY Kings HUDSON AVENUE 2496 B72 19 NY Kings HUDSON AVENUE 2496 B81 19 NY Kings HUDSON AVENUE 2496 B82 19 NY Queens RAVENSWOOD-A-HOUSE CE03 B01 15 NY Queens RAVENSWOOD-A-HOUSE CE03 B02 15 NY Queens RAVENSWOOD-A-HOUSE CE03 B03 21 NY Queens RAVENSWOOD-A-HOUSE CE03 B04 21 OH Butler AK STEEL (FORMERLY ARMCO STEEL CO.) 1409010006 P009 66 OH Butler AK STEEL (FORMERLY ARMCO STEEL CO.) 1409010006 P010 66 OH Butler AK STEEL (FORMERLY ARMCO STEEL CO.) 1409010006 P011 66 OH Butler AK STEEL (FORMERLY ARMCO STEEL CO.) 1409010006 P012 66 OH Stark ASHLAND PETROLEUM COMPANY 1576000301 B015 18 OH Lucas BP OIL COMPANY, TOLEDO REFINERY 0448020007 B004 39 OH Lucas BP OIL COMPANY, TOLEDO REFINERY 0448020007 B020 102 OH Montgomery CARGILL INCORPORATED 0857041124 B004 133 OH Montgomery CARGILL INCORPORATED 0857041124 B006 1 OH Butler CHAMPION INTERNATIONAL CORP 1409040212 B010 267 OH Summit GOODYEAR TIRE & RUBBER COMPANY 1677010193 B001 101 OH Summit GOODYEAR TIRE & RUBBER COMPANY 1677010193 B002 108 OH Hamilton HENKEL CORP.—EMERY GROUP 1431070035 B027 209 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B001 139 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B002 150 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B003 159 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B004 158 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B007 155 OH Cuyahoga LTV STEEL COMPANY, INC 1318001613 B905 14 OH Ross MEAD CORPORATION 0671010028 B001 185 OH Ross MEAD CORPORATION 0671010028 B002 208 OH Ross MEAD CORPORATION 0671010028 B003 251 OH Scioto NEW BOSTON COKE CORP 0773010004 B008 20 OH Scioto NEW BOSTON COKE CORP 0773010004 B009 15 OH Hamilton PROCTER & GAMBLE CO 1431390903 B021 72 OH Hamilton PROCTER & GAMBLE CO 1431390903 B022 296 OH Lorain REPUBLIC ENGINEERED STEELS, INC. (FORMERLY USS/KOBE STEEL—LORAIN WORKS) 0247080229 B013 159 OH Lawrence SOUTH POINT ETHANOL 0744000009 B003 107 OH Lawrence SOUTH POINT ETHANOL 0744000009 B004 107 OH Lawrence SOUTH POINT ETHANOL 0744000009 B007 107 OH Lucas SUN REFINING & MARKETING CO, TOLEDO REF 0448010246 B044 47 OH Lucas SUN REFINING & MARKETING CO, TOLEDO REF 0448010246 B046 34 OH Lucas SUN REFINING & MARKETING CO, TOLEDO REF 0448010246 B047 18 OH Trumbull W C I STEEL, INC 0278000463 B001 113 OH Trumbull W C I STEEL, INC 0278000463 B004 142 PA Northampton BETHLEHEM STEEL CORP 0048 041 100 PA Northampton BETHLEHEM STEEL CORP 0048 042 66 PA Northampton BETHLEHEM STEEL CORP 0048 067 165 PA Armstrong BMG ASPHALT CO 0004 101 0 PA Erie GENERAL ELECTRIC 0009 032 16 PA York GLATFELTER, P. H. CO 0016 031 0 PA York GLATFELTER, P. H. CO 0016 034 137 PA York GLATFELTER, P. H. CO 0016 035 112 PA York GLATFELTER, P. H. CO 0016 036 211 PA Clinton INTERNATIONAL PAPER: LOCKHAVEN 0008 033 101 PA Clinton INTERNATIONAL PAPER: LOCKHAVEN 0008 034 90 PA Delaware KIMBERLY CLARK (FORMERLY SCOTT PAPER CO.) 0016 034 1 PA Delaware KIMBERLY CLARK (FORMERLY SCOTT PAPER CO.) 0016 035 345 PA Allegheny LTV STEEL COMPANY—PITTSBURGH WORKS 0022 015 25 PA Allegheny LTV STEEL COMPANY—PITTSBURGH WORKS 0022 017 15 PA Allegheny LTV STEEL COMPANY—PITTSBURGH WORKS 0022 019 29 PA Allegheny LTV STEEL COMPANY—PITTSBURGH WORKS 0022 021 55 PA Montgomery MERCK SHARP & DOHME 0028 039 126 PA Westmoreland MONESSEN INC 0007 031 0 PA Bucks PECO 0055 043 15 PA Bucks PECO 0055 045 32 PA Bucks PECO 0055 044 77 PA Wyoming PROCTER & GAMBLE CO 0009 035 187 PA Allegheny SHENANGO IRON & COKE WORKS 0050 006 18 PA Allegheny SHENANGO IRON & COKE WORKS 0050 009 15 PA Delaware SUN REFINING & MARKETING CO 0025 089 102 PA Delaware SUN REFINING & MARKETING CO 0025 090 163 PA Philadelphia SUN REFINING AND MARKETING 1 O 1501 020 49 PA Philadelphia SUN REFINING AND MARKETING 1 O 1501 021 83 PA Philadelphia SUN REFINING AND MARKETING 1 O 1501 022 105 PA Philadelphia SUN REFINING AND MARKETING 1 O 1501 023 127 PA Philadelphia SUNOCO (FORMERLY ALLIED CHEMICAL CORP) 1551 052 86 PA Perry TEXAS EASTERN GAS PIPELINE COMPANY 0001 031 0 PA Berks TEXAS EASTERN GAS PIPELINE COMPANY 0087 031 98 PA Delaware TOSCO REFINING (FORMERLY BP OIL, INC.) 0030 032 71 PA Delaware TOSCO REFINING (FORMERLY BP OIL, INC.) 0030 033 80 PA Philadelphia U.S. NAVAL BASE 9702 016 0 PA Philadelphia U.S. NAVAL BASE 9702 017 1 PA Philadelphia U.S. NAVAL BASE 9702 098 0 PA Philadelphia U.S. NAVAL BASE 9702 099 0 PA Elk WILLAMETTE INDUSTRIES (FORMERLY PENNTECH PAPERS, INC 0005 040 90 PA Elk WILLAMETTE INDUSTRIES (FORMERLY PENNTECH PAPERS, INC 0005 041 89 PA Beaver ZINC CORPORATION OF AMERICA 0032 034 176 PA Beaver ZINC CORPORATION OF AMERICA 0032 035 180 VA Hopewell ALLIED-SIGNAL INC 0026 002 499 VA York AMOCO OIL CO 0004 001 25 VA Giles CELANESE ACETATE LLC (FORMERLY HOECHST CELANESE CORP) 0004 007 148 VA Giles CELANESE ACETATE LLC (FORMERLY HOECHST CELANESE CORP) 0004 014 56 VA Pittsylvania DAN RIVER INC. (SCHOOLFIELD DIV) 0002 003 49 VA Bedford GEORGIA-PACIFIC—BIG ISLAND MILL 0003 002 86 VA Isle Of Wight INTERNATIONAL PAPER—FRANKLIN (FORMERLY UNION CAMP CORP/FINE PAPER DIV) 0006 003 272 VA Hopewell JAMES RIVER COGENERATION (COGE 0055 001 511 VA Hopewell JAMES RIVER COGENERATION (COGE 0055 002 512 VA King William ST. LAURENT PAPER PRODUCTS CORP. 0001 003 253 VA Alleghany WESTVACO CORP 0003 001 253 VA Alleghany WESTVACO CORP 0003 002 130 VA Alleghany WESTVACO CORP 0003 003 195 VA Alleghany WESTVACO CORP 0003 004 373 VA Alleghany WESTVACO CORP 0003 005 170 VA Alleghany WESTVACO CORP 0003 011 105 WV Kanawha AVENTIS CROPSCIENCE 00007 010 113 WV Kanawha AVENTIS CROPSCIENCE 00007 011 102 WV Kanawha AVENTIS CROPSCIENCE 00007 012 105 WV Kanawha DUPONT—BELLE 00001 612 54 WV Fayette ELKEM METALS COMPANY L.P.—ALLOY P PLANT 00001 006 116 WV Marshall PPG INDUSTRIES, INC 00002 001 195 WV Marshall PPG INDUSTRIES, INC 00002 003 419 WV Kanawha RHONE-POLUENC 00007 070 8 WV Kanawha RHONE-POLUENC 00007 071 73 WV Kanawha RHONE-POLUENC 00007 080 7 WV Kanawha RHONE-POLUENC 00007 081 66 WV Kanawha RHONE-POLUENC 00007 090 8 WV Kanawha RHONE-POLUENC 00007 091 68 WV Kanawha UNION CARBIDE—SOUTH CHARLESTON PLANT 00003 0B6 66 WV Kanawha UNION CARBIDE—SOUTH CHARLESTON PLANT 0003 0B6 92 WV Kanawha UNION CARBIDE—SOUTH CHARLESTON PLANT 0003 0B7 45 WV Hancock WEIRTON STEEL CORPORATION 00001 030 31 WV Hancock WEIRTON STEEL CORPORATION 00001 088 30 WV Hancock WEIRTON STEEL CORPORATION 00001 089 2 WV Hancock WEIRTON STEEL CORPORATION 00001 090 110 WV Hancock WEIRTON STEEL CORPORATION 00001 091 253 WV Hancock WEIRTON STEEL CORPORATION 00001 092 208 WV Hancock WEIRTON STEEL CORPORATION 00001 093 200 [65 FR 2727, Jan. 18, 2000, as amended at 66 FR 48576, Sept. 21, 2001. Redesignated at 81 FR 74650, Oct. 26, 2016] Appendix C to Subpart E of Part 97—Final Section 126 Rule: Trading Budget ST F126-EGU F126-NEGU Total DC 207 26 233 DE 4,306 232 4,538 IN 7,088 82 7,170 KY 19,654 53 19,707 MD 14,519 1,013 15,532 MI 25,689 2,166 27,855 NC 31,212 2,329 33,541 NJ 9,716 4,838 14,554 NY 16,081 156 16,237 OH 45,432 4,103 49,535 PA 47,224 3,619 50,843 VA 17,091 4,104 21,195 WV 26,859 2,184 29,043 Total 265,078 24,905 289,983 [65 FR 2727, Jan. 18, 2000. Redesignated at 81 FR 74650, Oct. 26, 2016.] Appendix D to Subpart E of Part 97—Final Section 126 Rule: State Compliance supplement pools for the Section 126 Final Rule (Tons) State Compliance supplement pool Delaware 168 District of Columbia 0 Indiana 2,454 Kentucky 7,314 Maryland 3,882 Michigan 9,398 New Jersey 1,550 New York 1,379 North Carolina 10,737 Ohio 22,301 Pennsylvania 15,763 Virginia 5,504 West Virginia 16,709 Total 97,159 [65 FR 2727, Jan. 18, 2000. Redesignated at 81 FR 74650, Oct. 26, 2016.] Subpart F—NO X § 97.50 NO X (a) Nature and function of compliance accounts and overdraft accounts. X X X X (b) Nature and function of general accounts. X § 97.51 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 Application for general account. X X X X X X (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO X X (B) At the option of the NO X (C) A list of all persons subject to a binding agreement for the NO X X (D) The following certification statement by the NO X X X X X X (E) The signature of the NO X X (ii) 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 NO X authorized account representative. (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) Any representation, action, inaction, or submission by any alternate NO X X (iv) Each submission concerning the general account shall be submitted, signed, and certified by the NO X X X X X X (v) 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)(iv) of this section. (3) Changing NO X authorized account representative and alternate NO X authorized account representative; changes in persons with ownership interest. X X X X (ii) The alternate NO X 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 (4) Objections concerning NO X 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 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. [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21646, Apr. 21, 2004] § 97.52 NO X X (a) Following the establishment of a NO X X X (b) Authorized account representative identification. X § 97.53 Recordation of NO X (a) The Administrator will record the NO X X X X X (b) By May 1, 2003, the Administrator will record the NO X X X X X (c) By May 1, 2003, the Administrator will record the NO X X X X X (d) By May 1, 2004, the Administrator will record the NO X X X X X (e) Each year starting with 2005, after the Administrator has made all deductions from a NO X (1) NO X (2) NO X (3) NO X (f) Serial numbers for allocated NO X allowances. X X X X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002] § 97.54 Compliance. (a) NO X 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 (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 X X X (f) Deduction of banked allowances. X X X X X X X X (1) The Administrator will determine the total number of banked NO X (2) If the total number of banked NO X X (3) If the total number of banked NO X (i) The Administrator will determine the following ratio: 0.10 multiplied by the sum of the trading program budgets under § 97.40 for all States for the control period and divided by the total number of banked NO X (ii) The Administrator will multiply the number of banked NO X X X X X X X (g) Recordation of deductions. [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002; 69 FR 21646, Apr. 21, 2004] § 97.55 Banking. NO X (a) Any NO X X (b) The Administrator will designate, as a “banked” NO X X § 97.56 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 § 97.57 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 § 97.60 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 § 97.61 EPA recordation. (a) Within 5 business days of receiving a NO X X X (1) The transfer is correctly submitted under § 97.60; and (2) The transferor account includes each NO X (b) A NO X X X X X X (c) Where a NO X [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21647, Apr. 21, 2004] § 97.62 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 § 97.70 General requirements. The owners and operators, and to the extent applicable, the NO X X 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 rate. (3) Successfully complete all certification tests required under § 97.71 and meet all other requirements 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, report, and quality-assure the data from the monitoring systems under paragraphs (a)(1) and (2) of this section. (b) Compliance deadlines. (1) For the owner or operator of a NO X X (2) For the owner or operator of a NO X (3) For the owner or operator of a NO X (i) The earlier of 90 unit operating days after the date on which the unit commences commercial operation or 180 calendar days after the date on which the unit commences commercial operation; or (ii) May 1, 2003, if the compliance date under paragraph (b)(3)(i) of this section is before May 1, 2003. (4) For the owner or operator of a NO X (i) The earlier of 90 unit operating days or 180 calendar days after the date on which the unit commences commercial operation, if this compliance date is during a control period; or (ii) May 1 immediately following the compliance date under paragraph (b)(4)(i) of this section, if such compliance date is not during a control period. (5) For the owner or operator of a NO X X X (6) For the owner or operator of a NO X X (i) The earlier of 90 unit operating days or 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO X (ii) May 1 immediately following the compliance date under paragraph (b)(6)(i) of this section, if such compliance date is not during a control period. (7) For the owner or operator of a unit for which an application for a NO X (c) Commencement of data reporting. X X X e.g., X X (2) The owner or operator of a NO X X X e.g., X X (i) The date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is during a control period; or (ii) The first hour on May 1 of the first control period after the date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is not during a control period. (3) Notwithstanding paragraphs (c)(2)(i) and (c)(2)(ii) of this section, the owner or operator may begin reporting NO X (d) Prohibitions. X (2) No owner or operator of a NO X X (3) No owner or operator of a NO X X (4) No owner or operator of a NO X (i) During the period that the unit is covered by an exemption under § 97.4(b) or § 97.5 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 [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002; 69 FR 21647, Apr. 21, 2004] § 97.71 Initial certification and recertification procedures. (a) The owner or operator of a NO X X X X 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 certification 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 in accordance with § 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 specified under § 75.20(a)(4)(iii), § 75.20(b)(5), § 75.20(h)(4), or § 75.21(e) and continuing until the date and hour specified under § 75.20(a)(5)(i) of this chapter: ( 1 X 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 Administrator'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 X (d) Certification/recertification procedures for alternative monitoring systems. X X X [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21647, Apr. 21, 2004] § 97.72 Out of control periods. (a) Whenever any emission monitoring system fails to meet the quality assurance or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable procedures in subpart D, subpart H, appendix D, or appendix E of part 75 of this chapter. (b) Audit decertification. [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21648, Apr. 21, 2004] § 97.73 Notifications. (a) The NO X X (b) For any unit that does not have an Acid Rain emissions limitation, the permitting authority may waive the requirement to notify the permitting authority in paragraph (a) of this section. § 97.74 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 a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. The NO X (ii) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph (d)(1)(i) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. The NO X (iii) For a unit that commences operation on or after January 1, 2003: (A) The calendar quarter in which the unit commences operation, if unit operation commences during a control period. The NO X (B) The calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation, if the unit does not commence operation during a control period. The NO X (iv) A calendar quarter before the quarter specified in paragraph (d)(1)(i), (d)(1)(ii), or (d)(1)(iii)(B) of this section, if the owner or operator elects to begin reporting early under § 97.70(c)(3). (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, documenting NO X X (A) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. The NO X (B) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph (d)(2)(ii)(A) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. The NO X (C) For a unit that commences operation on or after January 1, 2003 and during a control period, the calendar quarter in which the unit commences operation. The NO X (D) For a unit that commences operation on or after January 1, 2003 and not during a control period, the calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation. The NO X (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; (ii) For a unit with add-on NO X X (iii) For a unit that is reporting on a control period basis under paragraph (d)(2)(ii) of this section, the NO X X X [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002; 69 FR 21648, Apr. 21, 2004] § 97.75 Petitions. (a) The NO X X (b) 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 under § 75.66 of this chapter. § 97.76 Additional requirements to provide heat input data. The owner or operator of a NO X X X Subpart I—Individual Unit Opt-ins § 97.80 Applicability. A unit that is in a State (as defined in § 97.2), is not a NO X X X X § 97.81 General. Except otherwise as provided in this part, a NO X X § 97.82 NO X A unit for which an application for a NO X X X X X § 97.83 Applying for NO X (a) Applying for initial NO X Budget opt-in permit. 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 § 97.13, if no NO X (b) Duty to reapply. X X X X X § 97.84 Opt-in process. The permitting authority will issue or deny an initial NO X X (a) Interim review of monitoring plan. X X (b) If the Administrator 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 Administrator will calculate the unit's baseline heat input, which will equal the unit's total heat input (in mmBtu) for the control period, and the unit's baseline NO X X (d) Issuance of draft NO X Budget opt-in permit for public comment. X (e) Not withstanding paragraphs (a) through (d) of this section, if at any time before issuance of a draft NO X X X (f) Withdrawal of application for NO X Budget opt-in permit. X X X X X X (g) The unit shall be a NO X X X § 97.85 NO X (a) Each NO X X (b) Each NO X X X X X X § 97.86 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 (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 Administrator will issue a notification to the permitting authority and the NO X X X X X (e) Permit revision. X X X X X (f) Reapplication upon failure to meet conditions of withdrawal. X X (g) Ability to return to the NO X Budget Trading Program. X X X X X X § 97.87 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 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 X (B) Notwithstanding paragraph (b)(1)(iii)(A) of this section, if the effective date of the NO X 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 [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21648, Apr. 21, 2004] § 97.88 NO X (a) NO X allotment allocation. X X X (2) By no later than April 1, after the first control period for which the NO X X X (3) The Administrator will make available to the public each determination of NO 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 unit's baseline heat input determined pursuant to § 97.84(c); or (ii) The unit's heat input, as determined in accordance with subpart H of this part, for the control period in the year prior to the year of the control period for which the NO X (2) The Administrator will allocate NO X X X X Subpart J—Appeal Procedures § 97.90 Appeal procedures. The appeal procedures for the NO X [69 FR 21648, Apr. 21, 2004] Subpart AA—CAIR NO X § 97.101 Purpose. This subpart and subparts BB through II set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) NO X § 97.102 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 Actual weighted average NO X emission rate X (1) The sum of the products of the actual annual average NO X X (2) The sum of the actual annual heat input (as determined in accordance with part 75 of this chapter) for all units in the NO X 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 or 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 Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act CAA et seq. Coal Coal-derived fuel Coal-fired (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 (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 § 97.105 and § 97.184(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 § 97.105, 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 (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 § 97.184(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., 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 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 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. 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. Serial number X X 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006; 72 FR 59206, Oct. 19, 2007] § 97.103 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 O 2 ppm—parts per million scfh—standard cubic feet per hour SO 2 yr—year § 97.104 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 (c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO X (1) Petition content. (2) Submission. (3) Response. X § 97.105 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 Administrator or 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 § 97.122 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. § 97.106 Standard requirements. (a) Permit requirements. X X (i) Submit to the permitting authority a complete CAIR permit application under § 97.122 in accordance with the deadlines specified in § 97.121; 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 § 97.113 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 § 97.107 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 § 97.108 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR NO X Subpart BB—CAIR Designated Representative for CAIR NO X § 97.110 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 97.111, 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 § 97.113, 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 § 97.111 Alternate CAIR designated representative. (a) A certificate of representation under § 97.113 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 § 97.113, 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 §§ 97.102, 97.110(a) and (d), 97.112, 97.113, 97.115, 97.151 and 97.182, 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. § 97.112 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 § 97.113 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. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.114 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 97.113 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 § 97.113 is received by the Administrator. (b) Except as provided in § 97.112(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 § 97.115 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 97.115(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 97.115(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 97.115 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. Subpart CC—Permits § 97.120 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 § 97.121 Submission of CAIR permit applications. (a) Duty to apply. X X X (b) Duty to reapply. X X § 97.122 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 § 97.106. § 97.123 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 § 97.122. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.102 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 § 97.124 CAIR permit revisions. Except as provided in § 97.123(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 § 97.140 State trading budgets. The State trading budgets for annual allocations of CAIR NO X State State trading budget for 2009-2014 State trading budget for 2015 and thereafter 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 Total 1,521,707 1,268,091 § 97.141 Timing requirements for CAIR NO X (a) The Administrator will determine by order the CAIR NO X (b) By July 31, 2011 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO X (c) By July 31, 2009 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO X (d) The Administrator will make available to the public each determination of CAIR NO X § 97.142 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. (iii) Gross electrical output and total heat energy under paragraph (a)(2)(ii) of this section will be determined based on the best available data reported to the Administrator for the unit (in a format prescribed by the Administrator). (3) The Administrator will determine what data are the best available data under paragraph (a)(2) of this section by weighing the likelihood that data are accurate and reliable and giving greater weight to data submitted to a governmental entity in compliance with legal requirements or substantiated by an independent entity. (b)(1) For each control period in 2009 and thereafter, the Administrator will allocate to all CAIR NO X X X (2) The Administrator will allocate CAIR NO X X X X X (c) For each control period in 2009 and thereafter, the Administrator will allocate CAIR NO X X X X (1) The Administrator 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 Administrator will review each CAIR NO X X (i) The Administrator will accept an allowance allocation request only if the request meets, or is adjusted by the Administrator 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 Administrator 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 Administrator 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 (e) If the Administrator determines that CAIR NO X X (1) Except as provided in paragraph (e)(2) or (3) of this section, the Administrator will not record such CAIR NO X (2) If the Administrator already recorded such CAIR NO X X X X X (3) If the Administrator already recorded such CAIR NO X X (4) The Administrator will transfer the CAIR NO X § 97.143 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 Total 199,997 (b) For any CAIR NO X X X X X 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 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 Administrator 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 Administrator 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 “Unit's adjusted allocation” is the amount of CAIR NO X “State's compliance supplement pool” is the amount of CAIR NO X “Total adjusted allocations for all units” is the sum of the amounts of allocations requested for all units under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section. (4) By July 31, 2009, the Administrator will determine by order the allocations under paragraph (d)(2) or (3) of this section. The Administrator will make available to the public each determination of CAIR NO X (5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.144 Alternative of allocation of CAIR NO X (a) Notwithstanding §§ 97.141, 97.142, and 97.153 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(1) of this chapter providing for allocation of CAIR NO X X (b) Notwithstanding § 97.143, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(2) of this chapter providing for allocation of the State's compliance supplement pool by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under § 97.143(d)(4) for the CAIR NO X (c)(1) In implementing paragraph (a) of this section and §§ 97.141, 97.142, and 97.153, the Administrator will ensure that the total amount of CAIR NO X X (2) In implementing paragraph (b) of this section and § 97.143, the Administrator will ensure that the total amount of CAIR NO X X [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] Appendix A to Subpart EE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations 1. The following States have State Implementation Plan revisions under § 51.123(p)(1) of this chapter approved by the Administrator and providing for allocation of CAIR NO X Indiana Louisiana Michigan New Jersey North Carolina Ohio South Carolina Tennessee Texas (for control periods 2009-2014) West Virginia (for control periods 2009-2014) Wisconsin 2. The following States have State Implementation Plan revisions under § 51.123(p)(2) of this chapter approved by the Administrator and providing for allocation of the Compliance Supplement Pool by the permitting authority under § 97.144(b): Indiana Michigan New Jersey Ohio South Carolina Texas [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 41459, July 30, 2007; 72 FR 46394, Aug. 20, 2007; 72 FR 52293, Sept. 13, 2007; 72 FR 55068, Sept. 28, 2007; 72 FR 55672, Oct. 1, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 58546, Oct. 16, 2007; 72 FR 59487, Oct. 22, 2007; 72 FR 71579, Dec. 18, 2007; 72 FR 72262, Dec. 20, 2007; 73 FR 6040, Feb. 1, 2008] Subpart FF—CAIR NO X § 97.150 [Reserved] § 97.151 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 97.151(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 97.151(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 97.151(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. § 97.152 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR NO X X § 97.153 Recordation of CAIR NO X (a) By September 30, 2007, the Administrator will record in the CAIR NO X X X (b) By September 30, 2008, the Administrator will record in the CAIR NO X X X (c) By September 30, 2009, the Administrator will record in the CAIR NO X X X (d) By December 1, 2010 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (e) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (f) Serial numbers for allocated CAIR NO X allowances. X X X X § 97.154 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 § 97.155 Banking. (a) CAIR NO X (b) Any CAIR NO X X § 97.156 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 § 97.157 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 §§ 97.160 and 97.161 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 Subpart GG—CAIR NO X § 97.160 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. § 97.161 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 § 97.160; and (2) The transferor account includes each CAIR NO X (b) A CAIR NO X X (c) Where a CAIR NO X § 97.162 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 § 97.170 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 § 97.171 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 § 97.184(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 § 97.105 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 Administrator 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 § 97.171(d)(3)(i). (e) Long-term cold storage. X § 97.171 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 § 97.170(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. (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 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. § 97.172 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. § 97.173 Notifications. The CAIR designated representative for a CAIR NO X § 97.174 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 § 97.170(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 § 97.184(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 § 97.175 Petitions. The CAIR designated representative of a CAIR NO X Subpart II—CAIR NO X § 97.180 Applicability. A CAIR NO X (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter establishing procedures concerning CAIR opt-in units; (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. § 97.181 General. (a) Except as otherwise provided in §§ 97.101 through 97.104, §§ 97.106 through 97.108, 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 § 97.182 CAIR designated representative. Any CAIR NO X X X § 97.183 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. X (1) A complete CAIR permit application under § 97.122; (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 § 97.122; (3) A monitoring plan in accordance with subpart HH of this part; (4) A complete certificate of representation under § 97.113 consistent with § 97.182, 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 § 97.184 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 § 97.183 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator: (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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.185 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 97.122; (2) The certification in § 97.183(a)(2); (3) The unit's baseline heat input under § 97.184(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 § 97.187. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.102 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 § 97.186 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 § 97.187 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. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.188 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 § 97.183(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. (1) The Administrator will record, in the compliance account of the source that includes the CAIR NO X X X (2) By December 1 of the control period in which a CAIR NO X X X X X Appendix A to Subpart II of Part 97—States With Approved State Implementation Plan Revisions Concerning CAIR NO X 1. The following States have State Implementation Plan revisions under § 51.123(p)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO X X Indiana Michigan North Carolina Ohio South Carolina Tennessee 2. The following States have State Implementation Plan revisions under § 51.123(p)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO X X Indiana Michigan Ohio North Carolina South Carolina Tennessee [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 46394, Aug. 20, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 59487, Oct. 22, 2007; 72 FR 72262, Dec. 20, 2007; 73 FR 6040, Feb. 1, 2008] Subpart AAA—CAIR SO 2 § 97.201 Purpose. This subpart and subparts BBB through III set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) SO 2 § 97.202 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 (4) An authorization to emit sulfur dioxide that is not issued under the Acid Rain Program, § 97.288, or provisions of a State implementation plan that are approved under § 51.124(o)(1) or (2) or (r) 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 means 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 Certifying official means: (1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official. 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 (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 § 97.205 and § 97.284(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 § 97.205, 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 § 97.284(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., Common stack 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. 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. Serial number 2 2 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006; 72 FR 59207, Oct. 19, 2007] § 97.203 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. § 97.204 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 (c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR SO 2 (1) Petition content. (2) Submission. (3) Response. 2 § 97.205 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 § 97.222 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. § 97.206 Standard requirements. (a) Permit requirements. 2 2 (i) Submit to the permitting authority a complete CAIR permit application under § 97.222 in accordance with the deadlines specified in § 97.221; 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 § 97.213 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 § 97.207 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 § 97.208 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR SO 2 Subpart BBB—CAIR Designated Representative for CAIR SO 2 § 97.210 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 97.211, 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 § 97.213, 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 § 97.211 Alternate CAIR designated representative. (a) A certificate of representation under § 97.213 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 § 97.213, 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 §§ 97.202, 97.210(a) and (d), 97.212, 97.213, 97.215, 97.251 and 97.282, 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. § 97.212 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 § 97.213 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. § 97.214 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 97.213 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 § 97.213 is received by the Administrator. (b) Except as provided in § 97.212(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 § 97.215 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 97.215(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 97.215(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 97.215 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. Subpart CCC—Permits § 97.220 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 § 97.221 Submission of CAIR permit applications. (a) Duty to apply. 2 2 2 (b) Duty to reapply. 2 2 § 97.222 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 § 97.206. § 97.223 CAIR permit contents and term. (a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all lements required for a complete CAIR permit application under § 97.222. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.202 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 § 97.224 CAIR permit revisions. Except as provided in § 97.223(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 § 97.250 [Reserved] § 97.251 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 allowances held in the general account. (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 97.251(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 97.251 (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 97.251 (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. § 97.252 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR SO 2 2 § 97.253 Recordation of CAIR SO 2 (a)(1) After a compliance account is established under § 97.251(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 § 97.254(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 § 97.251(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 § 97.254(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 § 97.254 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 § 97.255 Banking. (a) CAIR SO 2 (b) Any CAIR SO 2 2 § 97.256 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 § 97.257 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 §§ 97.260 and 97.261 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 Subpart GGG—CAIR SO 2 § 97.260 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.” § 97.261 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 § 97.260; (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 § 97.262 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 § 97.270 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 § 97.271 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 § 97.284(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 § 97.205 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 Administrator 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 § 97.271(d)(3)(i). (e) Long-term cold storage. 2 § 97.271 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 § 97.270(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. (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 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. § 97.272 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 appendix D to part 75 of this chapter. (b) Audit decertification. § 97.273 Notifications. The CAIR designated representative for a CAIR SO 2 (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 § 97.270(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 § 97.284(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 § 97.275 Petitions. The CAIR designated representative of a CAIR SO 2 Subpart III—CAIR SO 2 § 97.280 Applicability. A CAIR SO 2 (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.124(r)(1), (2), or (3) of this chapter establishing procedures concerning CAIR opt-in units; (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 HH of this part. § 97.281 General. (a) Except as otherwise provided in §§ 97.201 through 97.204, §§ 97.206 through 97.208, 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 § 97.282 CAIR designated representative. Any CAIR SO 2 2 2 § 97.283 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. 2 (1) A complete CAIR permit application under § 97.222; (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 § 97.222; (3) A monitoring plan in accordance with subpart HHH of this part; (4) A complete certificate of representation under § 97.213 consistent with § 97.282, 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.284 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 § 97.183 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.124(r)(1), (2), or (3) of this chapter and approved by the Administrator: (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 emission rate. 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.285 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 97.222; (2) The certification in § 97.283(a)(2); (3) The unit's baseline heat input under § 97.284(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 § 97.287. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.202 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 § 97.286 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 § 97.287 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 the 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.288 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 § 97.283(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. (1) The Administrator will record, in the compliance account of the source that includes the CAIR SO 2 2 2 (2) By December 1 of the control period in which a CAIR SO 2 2 2 2 2 Appendix A to Subpart III of Part 97—States With Approved State Implementation Plan Revisions Concerning CAIR SO 2 1. The following States have State Implementation Plan revisions under § 51.124(r) of this chapter approved by the Administrator and establishing procedures providing for CAIR SO 2 2 Indiana North Carolina Ohio South Carolina Tennessee 2. The following States have State Implementation Plan revisions under § 51.124(r) of this chapter approved by the Administrator and establishing procedures providing for CAIR SO 2 2 Indiana North Carolina Ohio South Carolina Tennessee [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 46394, Aug. 20, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 59487, Oct. 22, 2007; 73 FR 6041, Feb. 1, 2008] Subpart AAAA—CAIR NO X § 97.301 Purpose. This subpart and subparts BBBB through IIII set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) NO X § 97.302 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 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 source X CAIR NO X Ozone Season Trading Program 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 Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official. 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 § 97.305 and § 97.384(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 § 97.305, 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., (3) Notwithstanding paragraphs (1) and (2) of this definition, for a unit not serving a generator producing electricity for sale, the unit's date of commencement of operation shall also be the unit's date of commencement of commercial operation. 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 § 97.384(h). (i) 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. (ii) For a unit that is replaced by a unit at the same source ( e.g., (2) Notwithstanding paragraph (1) of this definition and solely for purposes of subpart HHHH of this part, for a unit that is not a CAIR NO X X X (i) For a unit with a date for commencement of 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 operation of the unit, which shall continue to be treated as the same unit. (ii) For a unit with a date for commencement of operation as defined in paragraph (2) of this definition and that is subsequently 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 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. 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. Serial number X X 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006; 72 FR 59207, Oct. 19, 2007] § 97.303 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. § 97.304 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 (c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO X (1) Petition content. (2) Submission. (3) Response. X (d) Notwithstanding paragraphs (a) and (b) of this section, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(1) of this chapter providing for the inclusion in the CAIR NO X X X X X X § 97.305 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 Administrator or 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 § 97.322 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. § 97.306 Standard requirements. (a) Permit requirements. X X (i) Submit to the permitting authority a complete CAIR permit application under § 97.322 in accordance with the deadlines specified in § 97.321; 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 EEEE, 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 § 97.313 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 § 97.307 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 § 97.308 Appeal procedures. The appeal procedures for decisions of the Administrator under the CAIR NO X Appendix A to Subpart AAAA of Part 97—States With Approved State Implementation Plan Revisions Concerning Applicability The following States have State Implementation Plan revisions under § 51.123(ee)(1) of this chapter approved by the Administrator and providing for expansion of the applicability provisions to include all non-EGUs subject to the respective State's emission trading program approved under § 51.121(p) of this chapter: Michigan Tennessee [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 72262, Dec. 20, 2007; 74 FR 61537, Nov. 25, 2009] Subpart BBBB—CAIR Designated Representative for CAIR NO X § 97.310 Authorization and responsibilities of CAIR designated representative. (a) Except as provided under § 97.311, 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 § 97.313, 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 § 97.311 Alternate CAIR designated representative. (a) A certificate of representation under § 97.313 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 § 97.313, 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 §§ 97.302, 97.310(a) and (d), 97.312, 97.313, 97.315, 97.351, and 97.382, 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. § 97.312 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 § 97.313 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. § 97.314 Objections concerning CAIR designated representative. (a) Once a complete certificate of representation under § 97.313 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 § 97.313 is received by the Administrator. (b) Except as provided in § 97.312(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 § 97.315 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 97.315(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 97.315(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 97.315 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. Subpart CCCC—Permits § 97.320 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 § 97.321 Submission of CAIR permit applications. (a) Duty to apply. X X X (b) Duty to reapply. X X § 97.322 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 § 97.306. § 97.323 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 § 97.322. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.302 and, upon recordation by the Administrator under subpart EEEE, 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 § 97.324 CAIR permit revisions. Except as provided in § 97.323(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 § 97.340 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 9,597 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) Upon approval by the Administrator of a State's State implementation plan revision under § 51.123(ee)(1) of this chapter providing for the inclusion in the CAIR NO X X X X § 97.341 Timing requirements for CAIR NO X (a) The Administrator will determine by order the CAIR NO X (b) By July 31, 2011 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO X (c) By April 30, 2009 and April 30 of each year thereafter, the Administrator will determine by order the CAIR NO X (d) The Administrator will make available to the public each determination of CAIR NO X § 97.342 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. (iii) Gross electrical output and total heat energy under paragraph (a)(2)(ii) of this section will be determined based on the best available data reported to the Administrator for the unit (in a format prescribed by the Administrator). (3) The Administrator will determine what data are the best available data under paragraph (a)(2) of this section by weighing the likelihood that data are accurate and reliable and giving greater weight to data submitted to a governmental entity in compliance with legal requirements or substantiated by an independent entity. (b)(1) For each control period in 2009 and thereafter, the Administrator will allocate to all CAIR NO X X X (2) The Administrator will allocate CAIR NO X X X X X (c) For each control period in 2009 and thereafter, the Administrator will allocate CAIR NO X X X X (1) The Administrator 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 Administrator will review each CAIR NO X X (i) The Administrator will accept an allowance allocation request only if the request meets, or is adjusted by the Administrator 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 Administrator 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 Administrator 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 (e) If the Administrator determines that CAIR NO X X (1) Except as provided in paragraph (e)(2) or (3) of this section, the Administrator will not record such CAIR NO X (2) If the Administrator already recorded such CAIR NO X X X X X (3) If the Administrator already recorded such CAIR NO X X (4) The Administrator will transfer the CAIR NO X § 97.343 Alternative of allocation of CAIR NO X (a) Notwithstanding §§ 97.341, 97.342, and 97.353 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(2) of this chapter providing for allocation of CAIR NO X X (b) In implementing paragraph (a) of this section and §§ 97.341, 97.342, and 97.353, the Administrator will ensure that the total amount of CAIR NO X X Appendix A to Subpart EEEE of Part 97—States With Approved State Implementation Plan Revisions Concerning Allocations The following States have State Implementation Plan revisions under § 51.123(ee)(2) of this chapter approved by the Administrator and providing for allocation of CAIR NO X Indiana Louisiana Michigan New Jersey North Carolina Ohio South Carolina Tennessee West Virginia (for control periods 2009-2014) Wisconsin [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 46394, Aug. 20, 2007; 72 FR 52293, Sept. 13, 2007; 72 FR 55068, Sept. 28, 2007; 72 FR 55659, 55672, Oct. 1, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 58546, Oct. 16, 2007; 72 FR 59487, Oct. 22, 2007; 72 FR 71579, Dec. 18, 2007; 72 FR 72263, Dec. 20, 2007; 73 FR 6041, Feb. 1, 2008] Subpart FFFF—CAIR NO X § 97.350 [Reserved] § 97.351 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 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 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 97.351(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 97.351(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 97.351(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. § 97.352 Responsibilities of CAIR authorized account representative. Following the establishment of a CAIR NO X X § 97.353 Recordation of CAIR NO X (a) By September 30, 2007, the Administrator will record in the CAIR NO X X X (b) By September 30, 2008, the Administrator will record in the CAIR NO X X X (c) By September 30, 2009, the Administrator will record in the CAIR NO X X X (d) By December 1, 2010 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (e) By September 1, 2009 and September 1 of each year thereafter, the Administrator will record in the CAIR NO X X X (f) Serial numbers for allocated CAIR NO X Ozone Season allowances. X X X X § 97.354 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 (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 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 § 97.355 Banking. (a) CAIR NO X (b) Any CAIR NO X X § 97.356 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 § 97.357 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 §§ 97.360 and 97.361 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 Subpart GGGG—CAIR NO X § 97.360 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. § 97.361 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 § 97.360; and (2) The transferor account includes each CAIR NO X (b) A CAIR NO X X (c) Where a CAIR NO X § 97.362 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 § 97.370 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 § 97.371 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 § 97.305 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 Administrator 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 § 97.371(d)(3)(i). (e) Long-term cold storage. X § 97.371 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 § 97.370(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 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. (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 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. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.372 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. § 97.373 Notifications. The CAIR designated representative for a CAIR NO X § 97.374 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 § 97.370(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 § 97.384(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 § 97.370(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 § 97.384(b); and (D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NO X X X (3) 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. (4) 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 § 97.375 Petitions. The CAIR designated representative of a CAIR NO X Subpart IIII—CAIR NO X § 97.380 Applicability. A CAIR NO X (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(3) (i), (ii), or (iii) of this chapter establishing procedures concerning CAIR Ozone Season opt-in units; (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. § 97.381 General. (a) Except as otherwise provided in §§ 97.301 through 97.304, §§ 97.306 through 97.308, 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 § 97.382 CAIR designated representative. Any CAIR NO X X X § 97.383 Applying for CAIR opt-in permit. (a) Applying for initial CAIR opt-in permit. X (1) A complete CAIR permit application under § 97.322; (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 § 97.322; (3) A monitoring plan in accordance with subpart HHHH of this part; (4) A complete certificate of representation under § 97.313 consistent with § 97.382, 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 § 97.384 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 § 97.383 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.123(ee)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator: (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 X X (h) Repowered CAIR NO X 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 [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.385 CAIR opt-in permit contents. (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 97.322; (2) The certification in § 97.383(a)(2); (3) The unit's baseline heat input under § 97.384(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 § 97.387. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.302 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 § 97.386 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 § 97.387 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. [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] § 97.388 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 § 97.383 (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. (1) The Administrator will record, in the compliance account of the source that includes the CAIR NO X X X (2) By September 1 of the control period in which a CAIR NO X X X X X Appendix A to Subpart IIII of Part 97—States With Approved State Implementation Plan Revisions Concerning CAIR NO X 1. The following States have State Implementation Plan revisions under § 51.123(ee)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO X X Indiana Michigan North Carolina Ohio South Carolina Tennessee 2. The following States have State Implementation Plan revisions under § 51.123(ee)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO X X Indiana Michigan North Carolina Ohio South Carolina Tennessee [65 FR 2727, Jan. 18, 2000, as amended at 72 FR 46394, Aug. 20, 2007; 72 FR 56920, Oct. 5, 2007; 72 FR 57215, Oct. 9, 2007; 72 FR 59487, Oct. 22, 2007; 72 FR 72263, Dec. 20, 2007; 73 FR 6041, Feb. 1, 2008] Subpart AAAAA—CSAPR NO X Source: 76 FR 48379, Aug. 8, 2011, unless otherwise noted. Editorial Note: Nomenclature changes appear at 81 FR 74604, Oct. 26, 2016. § 97.401 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.402 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation X X (1) A CSAPR NO X (2) A new unit set-aside; (3) An Indian country new unit set-aside; or (4) An entity not listed in paragraphs (1) through (3) of this definition; (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO X X X i.e., X Allowance Management System X X Allowance Management System account X Allowance transfer deadline X X X Alternate designated representative X X X X X X X 2 2 Assurance account X X X Auction X X Authorized account representative 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.405. (i) For a unit that is a CSAPR NO X (ii) For a unit that is a CSAPR NO X (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.405, for a unit that is not a CSAPR NO X X (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative X Common designated representative's assurance level X X X X X X X X Common designated representative's share X X X X Common stack Compliance account X X X X X Continuous emission monitoring system CEMS X 2 2 (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 NO X X X (3) A NO X 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 CO 2 2 2 2 2 2 (6) An O 2 2 2 2 Control period CSAPR NO X Annual allowance X X CSAPR NO X Annual allowance deduction deduct CSAPR NO X Annual allowances X e.g. X e.g. CSAPR NO X Annual allowances held hold CSAPR NO X Annual allowances X (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO X (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO X CSAPR NO X Annual emissions limitation X X X CSAPR NO X Annual source X CSAPR NO X Annual Trading Program X X CSAPR NO X Annual unit X CSAPR NO X Ozone Season Group 1 Trading Program X X CSAPR NO X Ozone Season Group 2 Trading Program X X CSAPR NO X Ozone Season Group 3 Trading Program X X. CSAPR SO 2 Group 1 Trading Program 2 2 CSAPR SO 2 Group 2 Trading Program 2 2 Designated representative X X X X X X X 2 2 Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions X X X Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.404(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR NO X Annual unit X X Nitrogen oxides 2 2 Operate operation Operator X X X X Owner X X (1) Any holder of any portion of the legal or equitable title in a CSAPR NO X X (2) Any holder of a leasehold interest in a CSAPR NO X X X (3) Any purchaser of power from a CSAPR NO X X Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded X X Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number X X Solid waste incineration unit Source State X Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV − 10.55(W + 9H) where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output Unit Unit operating day Unit operating hour or 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 [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016; 86 FR 23181, Apr. 30, 2021; 88 FR 36898, June 5, 202] § 97.403 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74605, Oct. 26, 2016] § 97.404 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO X X (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO X X (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO X X X (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO X X X (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(a)(4) or (5) of this chapter, of the CSAPR NO X (1) Petition content. (2) Response. X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74605, Oct. 26, 2016; 86 FR 23181, Apr. 30, 2021] § 97.405 Retired unit exemption. (a)(1) Any CSAPR NO X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO X (b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO X (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO X (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74605, Oct. 26, 2016; 86 FR 23181, Apr. 30, 2021] § 97.406 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. X X (2) The emissions data determined in accordance with §§ 97.430 through 97.435 shall be used to calculate allocations of CSAPR NO X X (c) NO X emissions requirements CSAPR NO X Annual emissions limitation. X X X X X (ii) If total NO X X X X (A) The owners and operators of the source and each CSAPR NO X X (B) The owners and operators of the source and each CSAPR NO X (2) CSAPR NO X Annual assurance provisions. X X X X X (A) The quotient of the amount by which the common designated representative's share of such NO X X (B) The amount by which total NO X X X (ii) The owners and operators shall hold the CSAPR NO X (iii) Total NO X X X X X (iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO X X X X X X (v) To the extent the owners and operators fail to hold CSAPR NO X (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR NO X (3) Compliance periods. X (ii) A CSAPR NO X (4) Vintage of CSAPR NO X Annual allowances held for compliance. X X (ii) A CSAPR NO X X (5) Allowance Management System requirements. X (6) Limited authorization. X X (i) Such authorization shall only be used in accordance with the CSAPR NO X (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. X (d) Title V permit requirements. X (2) A description of whether a unit is required to monitor and report NO X (e) Additional recordkeeping and reporting requirements. X X (i) The certificate of representation under § 97.416 for the designated representative for the source and each CSAPR NO X (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO X (2) The designated representative of a CSAPR NO X X X (f) Liability. X X X X (2) Any provision of the CSAPR NO X X X (g) Effect on other authorities. X X X [76 FR 48379, Aug. 8, 2011, as amended at 77 FR 10334, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23182, Apr. 30, 2021] § 97.407 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (b) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.408 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR NO X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.409 [Reserved] § 97.410 State NO X (a) The State NO X X (1) Alabama. X (ii) The new unit set-aside for 2015 and 2016 is 1,454 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,441 tons. (vi) [Reserved] (2) Georgia. X (ii) The new unit set-aside for 2015 and 2016 is 1,240 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,074 tons. (vi) [Reserved] (3) Illinois. X (ii) The new unit set-aside for 2015 and 2016 is 3,830 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 3,831 tons. (vi) [Reserved] (4) Indiana. X (ii) The new unit set-aside for 2015 and 2016 is 3,292 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 3,256 tons. (vi) [Reserved] (5) Iowa. X (ii) The new unit set-aside for 2015 and 2016 is 729 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 38 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 715 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 38 tons. (6) Kansas. X (ii) The new unit set-aside for 2015 and 2016 is 596 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 31 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 596 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 31 tons. (7) Kentucky. X (ii) The new unit set-aside for 2015 and 2016 is 3,403 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 3,090 tons. (vi) [Reserved] (8) Maryland. X (ii) The new unit set-aside for 2015 and 2016 is 333 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 333 tons. (vi) [Reserved] (9) Michigan. X (ii) The new unit set-aside for 2015 and 2016 is 1,243 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 65 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,201 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 63 tons. (10) Minnesota. X (ii) The new unit set-aside for 2015 and 2016 is 561 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 565 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons. (11) Missouri. X (ii) The new unit set-aside for 2015 is 1,572 tons and for 2016 is 3,144 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 2,929 tons. (vi) [Reserved] (12) Nebraska. X (ii) The new unit set-aside for 2015 and 2016 is 1,772 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,771 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons. (13) New Jersey. X (ii) The new unit set-aside for 2015 and 2016 is 164 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 155 tons. (vi) [Reserved] (14) New York. X (ii) The new unit set-aside for 2015 and 2016 is 412 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 22 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 410 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 22 tons. (15) North Carolina. X (ii) The new unit set-aside for 2015 and 2016 is 2,984 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 51 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 2,451 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons. (16) Ohio. X (ii) The new unit set-aside for 2015 and 2016 is 1,909 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,805 tons. (vi) [Reserved] (17) Pennsylvania. X (ii) The new unit set-aside for 2015 and 2016 is 2,400 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 2,383 tons. (vi) [Reserved] (18) South Carolina. X (ii) The new unit set-aside for 2015 and 2016 is 617 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 33 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 620 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons. (19) Tennessee. X (ii) The new unit set-aside for 2015 and 2016 is 714 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 381 tons. (vi) [Reserved] (20) Texas. X (ii) The new unit set-aside for 2015 and 2016 is 5,370 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 138 tons. (iv)-(vi) [Reserved] (21) Virginia. X (ii) The new unit set-aside for 2015 and 2016 is 1,662 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,663 tons. (vi) [Reserved] (22) West Virginia. X (ii) The new unit set-aside for 2015 and 2016 is 2,974 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 2,730 tons. (vi) [Reserved] (23) Wisconsin. X (ii) The new unit set-aside for 2015 and 2016 is 2,012 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 34 tons. (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 1,939 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons. (b) The States' variability limits for the State NO X (1) The variability limit for Alabama is 12,953 tons. (2) The variability limit for Georgia is 9,673 tons. (3) The variability limit for Illinois is 8,617 tons. (4) The variability limit for Indiana is 19,516 tons. (5) The variability limit for Iowa is 6,750 tons. (6) The variability limit for Kansas is 5,644 tons. (7) The variability limit for Kentucky is 13,903 tons. (8) The variability limit for Maryland is 2,983 tons. (9) The variability limit for Michigan is 11,347 tons. (10) The variability limit for Minnesota is 5,323 tons. (11) The variability limit for Missouri is 8,774 tons. (12) The variability limit for Nebraska is 5,407 tons. (13) The variability limit for New Jersey is 1,430 tons. (14) The variability limit for New York is 3,910 tons. (15) The variability limit for North Carolina is 7,480 tons. (16) The variability limit for Ohio is 16,246 tons. (17) The variability limit for Pennsylvania is 21,455 tons. (18) The variability limit for South Carolina is 5,850 tons. (19) The variability limit for Tennessee is 3,481 tons. (20) [Reserved] (21) The variability limit for Virginia is 5,984 tons. (22) The variability limit for West Virginia is 9,825 tons. (23) The variability limit for Wisconsin is 5,917 tons. (c) Each State NO X [77 FR 10334, Feb. 21, 2012, as amended at 77 FR 10347, Feb. 21, 2012; 77 FR 34844, June 12, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23182, Apr. 30, 2021] § 97.411 Timing requirements for CSAPR NO X (a) Existing units. X X X (2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO X X X (b) New units New unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section. (iii) If the new unit set-aside for a control period before 2021 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (2) Indian country new unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section. (iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (c) Units incorrectly allocated CSAPR NO X Annual allowances. X (i)(A) The recipient is not actually a CSAPR NO X X X X X (B) The recipient is not located as of January 1 of the control period in the State from whose NO X X (ii) The recipient is not actually a CSAPR NO X X X X X (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO X (3) If the Administrator already recorded such CSAPR NO X X X X X (4) If the Administrator already recorded such CSAPR NO X X (5)(i) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X X X (B) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such CSAPR NO X X (ii) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X (B) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such CSAPR NO X X (iii) With regard to the CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23182, Apr. 30, 2021; 88 FR 36898, June 5, 2023] § 97.412 CSAPR NO X (a) Allocations from new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) CSAPR NO X X (iii) CSAPR NO X X (iv) For purposes of paragraph (a)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2015; (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO X X (iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter. (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X X X X X X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X (b) Allocations from Indian country new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) For purposes of paragraph (b)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2015; and (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X (i) Transfer such unallocated CSAPR NO X (ii) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such unallocated CSAPR NO X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23183, Apr. 30, 2021; 88 FR 36898, June 5, 2023] § 97.413 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.415, each CSAPR NO X X X (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.416: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO X X (ii) The owners and operators of the source and each CSAPR NO X (b) Except as provided under § 97.415, each CSAPR NO X (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.416, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR NO X (c) Except in this section, § 97.402, and §§ 97.414 through 97.418, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.414 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.418 concerning delegation of authority to make submissions, each submission under the CSAPR NO X X X (b) The Administrator will accept or act on a submission made for a CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.415 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. X X (b) Changing alternate designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days after any change in the owners and operators of a CSAPR NO X X (d) Changes in units at the source. X (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.416 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR NO X X (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the CSAPR NO X X (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO X X (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO X X X X X X X X (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74606, Oct. 26, 2016] § 97.417 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.416 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.416 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO X (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74604, Oct. 26, 2016] § 97.418 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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 designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.418(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 97.418(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 97.418 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. § 97.419 [Reserved] § 97.420 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. X (b) Assurance accounts. (c) General accounts Application for general account. X (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO X (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account 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 authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO X (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO X X (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO X X (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR NO X (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO X X (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. X (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO X (iii)(A) In the event a person having an ownership interest with respect to CSAPR NO X (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO X X (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO X (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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 authorized account representative or alternate 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 in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.420(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.420(c)(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 97.420(c)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (6) Closing a general account. X X (ii) If a general account has no CSAPR NO X X X (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74606, Oct. 26, 2016; 86 FR 23184, Apr. 30, 2021] § 97.421 Recordation of CSAPR NO X (a) By November 7, 2011, the Administrator will record in each CSAPR NO X X X (b) By November 7, 2011, the Administrator will record in each CSAPR NO X X X (1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR NO X X X (2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR NO X X X (3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR NO X X X (c) By July 1, 2016, the Administrator will record in each CSAPR NO X X X X X (d) By July 1, 2017, the Administrator will record in each CSAPR NO X X X X X (e) By July 1, 2018, the Administrator will record in each CSAPR NO X X X X X (f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR NO X X X X X (2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO X X X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X (i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR NO X X X (j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR NO X X X (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO X (l) When recording the allocation or auction of CSAPR NO X X X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74606, Oct. 26, 2016; 86 FR 23184, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022] § 97.422 Submission of CSAPR NO X (a) An authorized account representative seeking recordation of a CSAPR NO X (b) A CSAPR NO X (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR NO X (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO X § 97.423 Recordation of CSAPR NO X (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO X X X (b) A CSAPR NO X X (c) Where a CSAPR NO X (d) Within 5 business days of recordation of a CSAPR NO X (e) Within 10 business days of receipt of a CSAPR NO X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016] § 97.424 Compliance with CSAPR NO X (a) Availability for deduction for compliance. X X X (1) Were allocated or auctioned for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. X X X (1) Until the amount of CSAPR NO X X X (2) If there are insufficient CSAPR NO X X (c) Selection of CSAPR NO X Annual allowances for deduction Identification by serial number. X X (2) First-in, first-out. X X (i) Any CSAPR NO X (ii) Any other CSAPR NO X (d) Deductions for excess emissions. X X (e) Recordation of deductions. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016; 86 FR 23184, Apr. 30, 2021] § 97.425 Compliance with CSAPR NO X (a) Availability for deduction. X X X X (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO X (b) Deductions for compliance. X X (1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total NO X X X X (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO X (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO X X X X X (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO X X (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.406(c)(2)(iii), §§ 97.406(b) and 97.430 through 97.435, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.402, and the calculation formula in § 97.406(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO X X X X (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO X X X (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.423, of CSAPR NO X X X X (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO X (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO X X X (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO X X X (A) Where the amount of CSAPR NO X X X X X (B) For the owners and operators for which the amount of CSAPR NO X X X X X X X X (C) Each CSAPR NO X X X [76 FR 48379, Aug. 8, 2011, as amended at 77 FR 10336, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74607, Oct. 26, 2016; 86 FR 23184, Apr. 30, 2021] § 97.426 Banking. (a) A CSAPR NO X (b) Any CSAPR NO X X (c) At any time after the allowance transfer deadline for the last control period for which a State NO X X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016; 86 FR 23185, Apr. 30, 2021; 88 FR 36898, June 5, 2023] § 97.427 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.428 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO X (b) The Administrator may deduct CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016] § 97.429 [Reserved] § 97.430 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO X 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 § 97.431 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. X (1) January 1, 2015; or (2) 180 calendar days after the date on which the unit commences commercial operation. (3) The owner or operator of a CSAPR NO X X (i) Such requirements shall apply to the monitoring systems required under § 97.430 through § 97.435, rather than the monitoring systems required under part 75 of this chapter; (ii) NO X X 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.435, rather than § 75.66 of this chapter. (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CSAPR NO X X X (3) No owner or operator of a CSAPR NO X X (4) No owner or operator of a CSAPR NO X (i) During the period that the unit is covered by an exemption under § 97.405 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 Administrator 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 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 § 97.431(d)(3)(i). (e) Long-term cold storage. X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74607, Oct. 26, 2016] § 97.431 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B, D, and 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 § 97.430(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016; 86 FR 23185, Apr. 30, 2021] § 97.432 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. § 97.433 Notifications concerning monitoring. The designated representative of a CSAPR NO X § 97.434 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. X (c) Certification applications. (d) Quarterly reports. (1) The designated representative shall report the NO X X (i) The calendar quarter covering January 1, 2015 through March 31, 2015; or (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.430(b). (2) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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 CSAPR NO X X X X 2 2 X (4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section. (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 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74607, Oct. 26, 2016; 86 FR 23185, Apr. 30, 2021] § 97.435 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR NO X (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. [76 FR 48379, Aug. 8, 2011, as amended at 81 FR 74607, Oct. 26, 2016] Subpart BBBBB—CSAPR NO X Source: 76 FR 48406, Aug. 8, 2011, unless otherwise noted. Editorial Note: Nomenclature changes appear at 81 FR 74608, Oct. 26, 2016. § 97.501 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO X [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74608, Oct. 26, 2016] § 97.502 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation X X (1) A CSAPR NO X (2) A new unit set-aside; (3) An Indian country new unit set-aside; or (4) An entity not listed in paragraphs (1) through (3) of this definition; (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO X X X i.e., X Allowance Management System X X Allowance Management System account X Allowance transfer deadline X X X Alternate designated representative X X X X X 2 2 Assurance account X X X Auction X X Authorized account representative 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.505. (i) For a unit that is a CSAPR NO X (ii) For a unit that is a CSAPR NO X (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.505, for a unit that is not a CSAPR NO X X (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative X Common designated representative's assurance level X X X X X X X X Common designated representative's share X X X X Common stack Compliance account X X X X X Continuous emission monitoring system CEMS X 2 2 (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 NO X X X (3) A NO X 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 CO 2 2 2 2 2 2 (6) An O 2 2 2 2 Control period CSAPR NO X Annual Trading Program X X CSAPR NO X Ozone Season Expanded Group 2 allowance X 1 CSAPR NO X Ozone Season Group 1 allowance X X CSAPR NO X Ozone Season Group 1 allowance deduction or deduct CSAPR NO X Ozone Season Group 1 allowances X e.g. X e.g. CSAPR NO X Ozone Season Group 1 allowances held or hold CSAPR NO X Ozone Season Group 1 allowances X (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO X (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO X CSAPR NO X Ozone Season Group 1 emissions limitation X X X CSAPR NO X Ozone Season Group 1 source X CSAPR NO X Ozone Season Group 1 Trading Program X X CSAPR NO X Ozone Season Group 1 unit X CSAPR NO X Ozone Season Group 2 allowance X X X X X CSAPR NO X Ozone Season Group 2 Trading Program X X CSAPR NO X Ozone Season Group 3 allowance X X CSAPR NO X Ozone Season Group 3 Trading Program X X CSAPR NO X Ozone Season Original Group 2 allowance X X CSAPR SO 2 Group 1 Trading Program 2 2 CSAPR SO 2 Group 2 Trading Program 2 2 Designated representative X X X X X 2 2 Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions X X X Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.504(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR NO X Ozone Season Group 1 unit X X Nitrogen oxides 2 2 Operate operation Operator X X X X Owner X X (1) Any holder of any portion of the legal or equitable title in a CSAPR NO X X (2) Any holder of a leasehold interest in a CSAPR NO X X X (3) Any purchaser of power from a CSAPR NO X X Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded X X Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number X X Solid waste incineration unit Source State X Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV − 10.55 (W + 9H) where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. 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 [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74608, Oct. 26, 2016; 86 FR 23185, Apr. 30, 2021; 88 FR 36898, June 5, 2023; 88 FR 49304, July 31, 2023; 89 FR 87970, Nov. 6, 2024] § 97.503 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74609, Oct. 26, 2016] § 97.504 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO X X (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO X X (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO X X X (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO X X X (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(4) or (5) of this chapter, of the CSAPR NO X (1) Petition content. (2) Response. X [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74609, Oct. 26, 2016; 86 FR 23186, Apr. 30, 2021] § 97.505 Retired unit exemption. (a)(1) Any CSAPR NO X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO X (b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO X (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO X (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. [76 FR 48406, Aug. 8, 2011, as amended at 86 FR 23186, Apr. 30, 2021] § 97.506 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. X X (2) The emissions data determined in accordance with §§ 97.530 through 97.535 shall be used to calculate allocations of CSAPR NO X X (c) NO X emissions requirements CSAPR NO X Ozone Season Group 1 emissions limitation. X X X X X (ii) If total NO X X X X (A) The owners and operators of the source and each CSAPR NO X X (B) The owners and operators of the source and each CSAPR NO X (2) CSAPR NO X Ozone Season Group 1 assurance provisions. X X X X X (A) The quotient of the amount by which the common designated representative's share of such NO X X (B) The amount by which total NO X X X (ii) The owners and operators shall hold the CSAPR NO X (iii) Total NO X X X X X (iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO X X X X X X (v) To the extent the owners and operators fail to hold CSAPR NO X (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR NO X (3) Compliance periods. X (ii) A CSAPR NO X (4) Vintage of CSAPR NO X Ozone Season Group 1 allowances held for compliance. X X (ii) A CSAPR NO X X (5) Allowance Management System requirements. X (6) Limited authorization. X X (i) Such authorization shall only be used in accordance with the CSAPR NO X (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. X (d) Title V permit requirements. X (2) A description of whether a unit is required to monitor and report NO X (e) Additional recordkeeping and reporting requirements. X X (i) The certificate of representation under § 97.516 for the designated representative for the source and each CSAPR NO X (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO X (2) The designated representative of a CSAPR NO X X X (f) Liability. X X X X (2) Any provision of the CSAPR NO X X X (g) Effect on other authorities. X X X [76 FR 48406, Aug. 8, 2011, as amended at 77 FR 10336, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74609, Oct. 26, 2016; 86 FR 23186, Apr. 30, 2021] § 97.507 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (b) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO X § 97.508 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR NO X § 97.509 [Reserved] § 97.510 State NO X (a) The State NO X X (1) Alabama. X (ii) The new unit set-aside for 2015 and 2016 is 635 tons. (iii)-(vi) [Reserved] (2) Arkansas. X (ii) The new unit set-aside for 2015 and 2016 is 756 tons. (iii)-(vi) [Reserved] (3) Florida. X (ii) The new unit set-aside for 2015 and 2016 is 544 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 29 tons. (iv)-(vi) [Reserved] (4) Georgia. X (ii) The new unit set-aside for 2015 and 2016 is 559 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2017 and thereafter is 485 tons. (vi) [Reserved] (5) Illinois. X (ii) The new unit set-aside for 2015 and 2016 is 1,697 tons. (iii)-

(vi) [Reserved] (6) Indiana. X (ii) The new unit set-aside for 2015 and 2016 is 1,406 tons. (iii)-(vi) [Reserved] (7) Iowa. X (ii) The new unit set-aside for 2015 and 2016 is 314 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 17 tons. (iv)-(vi) [Reserved] (8) Kentucky. X (ii) The new unit set-aside for 2015 and 2016 is 1,447 tons. (iii)-(vi) [Reserved] (9) Louisiana. X (ii) The new unit set-aside for 2015 and 2016 is 344 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 18 tons. (iv)-(vi) [Reserved] (10) Maryland. X (ii) The new unit set-aside for 2015 and 2016 is 144 tons. (iii)-(vi) [Reserved] (11) Michigan. X (ii) The new unit set-aside for 2015 and 2016 is 533 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 28 tons. (iv)-(vi) [Reserved] (12) Mississippi. X (ii) The new unit set-aside for 2015 and 2016 is 237 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 12 tons. (iv)-(vi) [Reserved] (13) Missouri. X (ii) The new unit set-aside for 2015 is 684 tons and for 2016 is 1,367 tons. (iii)-(vi) [Reserved] (14) New Jersey. X (ii) The new unit set-aside for 2015 and 2016 is 83 tons. (iii)-(vi) [Reserved] (15) New York. X (ii) The new unit set-aside for 2015 and 2016 is 197 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 10 tons. (iv)-(vi) [Reserved] (16) North Carolina. X (ii) The new unit set-aside for 2015 and 2016 is 1,308 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 22 tons. (iv)-(vi) [Reserved] (17) Ohio. X (ii) The new unit set-aside for 2015 and 2016 is 826 tons. (iii)-(vi) [Reserved] (18) Oklahoma. X (ii) The new unit set-aside for 2015 is 731 tons and for 2016 is 454 tons. (iii)-(vi) [Reserved] (19) Pennsylvania. X (ii) The new unit set-aside for 2015 and 2016 is 1,044 tons. (iii)-(vi) [Reserved] (20) South Carolina. X (ii) The new unit set-aside for 2015 and 2016 is 264 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 14 tons. (iv)-(vi) [Reserved] (21) Tennessee. X (ii) The new unit set-aside for 2015 and 2016 is 298 tons. (iii)-(vi) [Reserved] (22) Texas. X (ii) The new unit set-aside for 2015 and 2016 is 2,556 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 66 tons. (iv)-(vi) [Reserved] (23) Virginia. X (ii) The new unit set-aside for 2015 and 2016 is 723 tons. (iii)-(vi) [Reserved] (24) West Virginia. X (ii) The new unit set-aside for 2015 and 2016 is 1,264 tons. (iii)-(vi) [Reserved] (25) Wisconsin. X (ii) The new unit set-aside for 2015 and 2016 is 872 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 15 tons. (iv)-(vi) [Reserved] (b) The States' variability limits for the State NO X (1)-(3) [Reserved] (4) The variability limit for Georgia is 5,049 tons. (5)-(25) [Reserved] (c) Each State NO X [77 FR 10336, Feb. 21, 2012, as amended at 77 FR 10348, Feb. 21, 2012; 77 FR 34845, June 12, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74609, Oct. 26, 2016; 86 FR 23186, Apr. 30, 2021] § 97.511 Timing requirements for CSAPR NO X (a) Existing units. X X X (2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO X X X (b) New units New unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section. (iii)(A) If the new unit set-aside for the control period in 2015 or 2016 contains any CSAPR NO X X (B) If the new unit set-aside for the control period in a year from 2017 through 2020 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (2) Indian country new unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section. (iii)(A) If the Indian country new unit set-aside for the control period in 2015 or 2016 contains any CSAPR NO X X (B) If the Indian country new unit set-aside for the control period in a year from 2017 through 2020 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (c) Units incorrectly allocated CSAPR NO X Ozone Season Group 1 allowances. X (i)(A) The recipient is not actually a CSAPR NO X X X X X (B) The recipient is not located as of May 1 of the control period in the State from whose NO X X (ii) The recipient is not actually a CSAPR NO X X X X X (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO X (3) If the Administrator already recorded such CSAPR NO X X X X X (4) If the Administrator already recorded such CSAPR NO X X (5)(i) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X X X (B) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such CSAPR NO X X (ii) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X (B) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such CSAPR NO X X (iii) With regard to the CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74609, Oct. 26, 2016; 86 FR 23186, Apr. 30, 2021; 88 FR 36898, June 5, 2023] § 97.512 CSAPR NO X (a) Allocations from new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) CSAPR NO X X (iii) CSAPR NO X X (iv) For purposes of paragraph (a)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2015; (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO X X (iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter. (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i)(A) For the control period in 2015 or 2016, the Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending August 31 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (B) For the control period in 2017, 2018, 2019, or 2020, the Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X X X X X X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X (b) Allocations from Indian country new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) For purposes of paragraph (b)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2015; and (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i)(A) For the control period in 2015 or 2016, the Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending August 31 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (B) For the control period in 2017, 2018, 2019, or 2020, the Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X (i) Transfer such unallocated CSAPR NO X (ii) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such unallocated CSAPR NO X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74610, Oct. 26, 2016; 86 FR 23187, Apr. 30, 2021; 88 FR 36898, June 5, 2023] § 97.513 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.515, each CSAPR NO X X X (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO X X (ii) The owners and operators of the source and each CSAPR NO X (b) Except as provided under § 97.515, each CSAPR NO X (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR NO X (c) Except in this section, § 97.502, and §§ 97.514 through 97.518, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. § 97.514 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.518 concerning delegation of authority to make submissions, each submission under the CSAPR NO X X X (b) The Administrator will accept or act on a submission made for a CSAPR NO X X § 97.515 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. X X (b) Changing alternate designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days after any change in the owners and operators of a CSAPR NO X X (d) Changes in units at the source. X (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. § 97.516 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR NO X X (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the CSAPR NO X X (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO X X (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO X X X X X X X X (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO X X X X [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74611, Oct. 26, 2016] § 97.517 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.516 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.516 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO X (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO X § 97.518 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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 designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.518(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 97.518(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 97.518 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. § 97.519 [Reserved] § 97.520 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. X (b) Assurance accounts. (c) General accounts Application for general account. X (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO X (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account 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 authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO X (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO X X (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the phrase “TR NO X X X X (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO X X (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR NO X (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO X X (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO X X X (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. X (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO X (iii)(A) In the event a person having an ownership interest with respect to CSAPR NO X (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO X X (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO X (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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 authorized account representative or alternate 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 in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(c)(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 97.520(c)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (6) Closing a general account. X X (ii) If a general account has no CSAPR NO X X X (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. X [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74611, Oct. 26, 2016; 86 FR 23188, Apr. 30, 2021] § 97.521 Recordation of CSAPR NO X (a) By November 7, 2011 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 26, 2015, the Administrator will record in each CSAPR NO X X X (b) By November 7, 2011 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 26, 2015, the Administrator will record in each CSAPR NO X X X X (1) If, by April 1, 2015 or, with regard to CSAPR NO X X X X (2) If the State submits to the Administrator by April 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015, and the Administrator approves by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016, such complete SIP revision, the Administrator will record by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016 in each CSAPR NO X X X (3) If the State submits to the Administrator by April 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015, and the Administrator does not approve by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016, such complete SIP revision, the Administrator will record by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016 in each CSAPR NO X X X (c) By January 9, 2017, the Administrator will record in each CSAPR NO X X X X X (d) By July 1, 2017, the Administrator will record in each CSAPR NO X X X X X (e) By July 1, 2018, the Administrator will record in each CSAPR NO X X X X X (f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR NO X X X X X (2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO X X X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X (i)(1) By November 15, 2015 and November 15, 2016, the Administrator will record in each CSAPR NO X X X (2) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO X X X (j)(1) By November 15, 2015 and November 15, 2016, the Administrator will record in each CSAPR NO X X X (2) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO X X X (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO X (l) When recording the allocation or auction of CSAPR NO X X X X [76 FR 48406, Aug. 8, 2011, as amended at 76 FR 80777, Dec. 27, 2011; 79 FR 71672, Dec. 3, 2014; 81 FR 74611, Oct. 26, 2016; 86 FR 23188, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022] § 97.522 Submission of CSAPR NO X (a) An authorized account representative seeking recordation of a CSAPR NO X (b) A CSAPR NO X (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR NO X (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO X § 97.523 Recordation of CSAPR NO X (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO X X X (b) A CSAPR NO X X (c) Where a CSAPR NO X (d) Within 5 business days of recordation of a CSAPR NO X (e) Within 10 business days of receipt of a CSAPR NO X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74612, Oct. 26, 2016] § 97.524 Compliance with CSAPR NO X (a) Availability for deduction for compliance. X X X (1) Were allocated or auctioned for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. X X X (1) Until the amount of CSAPR NO X X X (2) If there are insufficient CSAPR NO X X (c) Selection of CSAPR NO X Ozone Season Group 1 allowances for deduction Identification by serial number. X X (2) First-in, first-out. X X (i) Any CSAPR NO X (ii) Any other CSAPR NO X (d) Deductions for excess emissions. X X (e) Recordation of deductions. [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74612, Oct. 26, 2016; 86 FR 23189, Apr. 30, 2021] § 97.525 Compliance with CSAPR NO X (a) Availability for deduction. X X X X (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO X (b) Deductions for compliance. X X (1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total NO X X X X (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO X (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO X X X X X (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO X X (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.506(c)(2)(iii), §§ 97.506(b) and 97.530 through 97.535, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.502, and the calculation formula in § 97.506(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO X X X X (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO X X X (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.523, of CSAPR NO X X X X (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO X (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO X X X (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO X X X (A) Where the amount of CSAPR NO X X X X X (B) For the owners and operators for which the amount of CSAPR NO X X X X X X X X (C) Each CSAPR NO X X X [76 FR 48406, Aug. 8, 2011, as amended at 77 FR 10338, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74612, Oct. 26, 2016; 86 FR 23189, Apr. 30, 2021] § 97.526 Banking and conversion. (a) A CSAPR NO X (b) Any CSAPR NO X X (c) At any time after the allowance transfer deadline for the last control period for which a State NO X X (d) Notwithstanding any other provision of this subpart, part 52 of this chapter, or any SIP revision approved under § 52.38(b)(4) or (5) of this chapter: (1) As soon as practicable after the completion of deductions under § 97.524 for the control period in 2016, but not later than March 1, 2018, the Administrator will temporarily suspend acceptance of CSAPR NO X X (i) The Administrator will deduct all CSAPR NO X (ii) The Administrator will determine a conversion factor equal to the greater of 1.0000 or the quotient, expressed to four decimal places, of the sum of all CSAPR NO X (iii) The Administrator will allocate and record in each such account an amount of CSAPR NO X X (iv) Where, pursuant to paragraph (d)(1)(i) of this section, the Administrator deducts CSAPR NO X X X X (2) [Reserved] (e) Notwithstanding any other provision of this subpart or any SIP revision approved under § 52.38(b)(4) or (5) of this chapter, CSAPR NO X X X X (1) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and before November 6, 2024, the owner or operator of a CSAPR NO X X X X (2)(i) Except as provided in paragraph (e)(2)(ii) of this section, after the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and § 97.826(d)(1) and before November 6, 2024, the owner or operator of a CSAPR NO X X X X (ii) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and §§ 97.826(d)(1) and 97.1026(e)(1) and before November 6, 2024, the owner or operator of a CSAPR NO X 1 X X X (3) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and § 97.826(e)(1) and before November 6, 2024, the owner or operator of a CSAPR NO X 2 X X X (4) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X X (5) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X X (6) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74612, Oct. 26, 2016; 86 FR 23189, Apr. 30, 2021; 88 FR 36899, June 5, 2023; 88 FR 49304, July 31, 2023; 89 FR 87970, Nov. 6, 2024] § 97.527 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.528 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO X (b) The Administrator may deduct CSAPR NO X X [76 FR 48406, Aug. 11, 2011, as amended at 81 FR 74614, Oct. 26, 2016] § 97.529 [Reserved] § 97.530 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO X 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 § 97.531 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. X (1) May 1, 2015; (2) 180 calendar days after the date on which the unit commences commercial operation; or (3) Where data for the unit are reported on a control period basis under § 97.534(d)(1)(ii)(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section. (4) The owner or operator of a CSAPR NO X X (i) Such requirements shall apply to the monitoring systems required under § 97.530 through § 97.535, rather than the monitoring systems required under part 75 of this chapter; (ii) NO X X 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.535, rather than § 75.66 of this chapter. (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CSAPR NO X X X (3) No owner or operator of a CSAPR NO X X (4) No owner or operator of a CSAPR NO X (i) During the period that the unit is covered by an exemption under § 97.505 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 Administrator 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 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 § 97.531(d)(3)(i). (e) Long-term cold storage. X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74614, Oct. 26, 2016] § 97.531 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B, D, and 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 § 97.530(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [76 FR 48406, Aug. 11, 2011, as amended at 81 FR 74614, Oct. 26, 2016; 86 FR 23190, Apr. 30, 2021] § 97.532 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. § 97.533 Notifications concerning monitoring. The designated representative of a CSAPR NO X § 97.534 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. X (c) Certification applications. (d) Quarterly reports. (1)(i) If a CSAPR NO X X X X (ii) If a CSAPR NO X X (A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO X (B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO X (2) The designated representative shall report the NO X X (i) The calendar quarter covering May 1, 2015 through June 30, 2015; (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.530(b); or (iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section. (3) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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. (4) For CSAPR NO X X 2 2 X (5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section. (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)(1)(ii)(B) of this section, the NO X X X [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74614, Oct. 26, 2016] § 97.535 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR NO X (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. [76 FR 48406, Aug. 8, 2011, as amended at 81 FR 74614, Oct. 26, 2016 Subpart CCCCC—CSAPR SO 2 Source: 76 FR 48432, Aug. 8, 2011, unless otherwise noted. Editorial Note: Nomenclature changes appear at 81 FR 74614, Oct. 26, 2016. § 97.601 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) SO 2 [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74614, Oct. 26, 2016] § 97.602 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation 2 2 (1) A CSAPR SO 2 (2) A new unit set-aside; (3) An Indian country new unit set-aside; or (4) An entity not listed in paragraphs (1) through (3) of this definition; (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR SO 2 2 2 i.e., 2 Allowance Management System 2 2 Allowance Management System account 2 Allowance transfer deadline 2 2 2 Alternate designated representative 2 2 2 2 X X X X Assurance account 2 2 2 Auction 2 2 Authorized account representative 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.605. (i) For a unit that is a CSAPR SO 2 (ii) For a unit that is a CSAPR SO 2 (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.605, for a unit that is not a CSAPR SO 2 2 (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative 2 Common designated representative's assurance level 2 2 2 2 2 2 2 2 Common designated representative's share 2 2 2 2 Common stack Compliance account 2 2 2 2 2 Continuous emission monitoring system CEMS 2 2 2 (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 SO 2 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 CO 2 2 2 2 2 2 (5) An O 2 2 2 2 Control period CSAPR NO X Annual Trading Program X X CSAPR NO X Ozone Season Group 1 Trading Program X X CSAPR NO X Ozone Season Group 2 Trading Program X X CSAPR NO X Ozone Season Group 3 Trading Program X X. CSAPR SO 2 Group 1 allowance 2 2 CSAPR SO 2 Group 1 allowance deduction deduct CSAPR SO 2 Group 1 allowances 2 e.g., 2 e.g., CSAPR SO 2 Group 1 allowances held hold CSAPR SO 2 Group 1 allowances 2 (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR SO 2 (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR SO 2 CSAPR SO 2 Group 1 emissions limitation 2 2 2 CSAPR SO 2 Group 1 source 2 CSAPR SO 2 Group 1 Trading Program 2 2 CSAPR SO 2 Group 1 unit 2 Designated representative 2 2 2 2 X X X X Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions 2 2 2 Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.604(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR SO 2 Group 1 unit 2 2 Nitrogen oxides 2 2 Operate operation Operator 2 2 2 2 Owner 2 2 (1) Any holder of any portion of the legal or equitable title in a CSAPR SO 2 2 (2) Any holder of a leasehold interest in a CSAPR SO 2 2 2 (3) Any purchaser of power from a CSAPR SO 2 2 Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded 2 2 Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number 2 2 Solid waste incineration unit Source State 2 Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV − 10.55(W + 9H) where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output Unit Unit operating day Unit operating hour or 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 [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74614, Oct. 26, 2016; 86 FR 23190, Apr. 30, 2021; 88 FR 36899, June 5, 2023] § 97.603 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74616, Oct. 26, 2016] § 97.604 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR SO 2 2 (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR SO 2 2 (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR SO 2 2 (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR SO 2 2 2 (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR SO 2 2 2 (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.39(e) or (f) of this chapter, of the CSAPR SO 2 (1) Petition content. (2) Response. 2 [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74616, Oct. 26, 2016; 86 FR 23191, Apr. 30, 2021] § 97.605 Retired unit exemption. (a)(1) Any CSAPR SO 2 (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR SO 2 (b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO 2 (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR SO 2 (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. [76 FR 48432, Aug. 8, 2011, as amended at 86 FR 23191, Apr. 30, 2021] § 97.606 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. 2 2 (2) The emissions data determined in accordance with §§ 97.630 through 97.635 shall be used to calculate allocations of CSAPR SO 2 2 (c) SO 2 emissions requirements CSAPR SO 2 Group 1 emissions limitation. 2 2 2 2 2 (ii) If total SO 2 2 2 2 (A) The owners and operators of the source and each CSAPR SO 2 2 (B) The owners and operators of the source and each CSAPR SO 2 (2) CSAPR SO 2 Group 1 assurance provisions. 2 2 2 2 2 (A) The quotient of the amount by which the common designated representative's share of such SO 2 2 (B) The amount by which total SO 2 2 2 (ii) The owners and operators shall hold the CSAPR SO 2 (iii) Total SO 2 2 2 2 2 (iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO 2 2 2 2 2 2 (v) To the extent the owners and operators fail to hold CSAPR SO 2 (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR SO 2 (3) Compliance periods. 2 (ii) A CSAPR SO 2 (4) Vintage of CSAPR SO 2 Group 1 allowances held for compliance. 2 2 (ii) A CSAPR SO 2 2 (5) Allowance Management System requirements. 2 (6) Limited authorization. 2 2 (i) Such authorization shall only be used in accordance with the CSAPR SO 2 (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. 2 (d) Title V permit requirements. 2 (2) A description of whether a unit is required to monitor and report SO 2 (e) Additional recordkeeping and reporting requirements. 2 2 (i) The certificate of representation under § 97.616 for the designated representative for the source and each CSAPR SO 2 (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR SO 2 (2) The designated representative of a CSAPR SO 2 2 2 (f) Liability. 2 2 2 2 (2) Any provision of the CSAPR SO 2 2 2 (g) Effect on other authorities. 2 2 2 [76 FR 48432, Aug. 8, 2011, as amended at 77 FR 10338, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74616, Aug. 8, 2011; 86 FR 23191, Apr. 30, 2021] § 97.607 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR SO 2 (b) Unless otherwise stated, any time period scheduled, under the CSAPR SO 2 (c) Unless otherwise stated, if the final day of any time period, under the CSAPR SO 2 § 97.608 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR SO 2 § 97.609 [Reserved] § 97.610 State SO 2 (a) The State SO 2 2 (1) Illinois. 2 (ii) The new unit set-aside for 2015 and 2016 is 11,744 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 6,223 tons. (vi) [Reserved] (2) Indiana. 2 (ii) The new unit set-aside for 2015 and 2016 is 8,723 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 4,993 tons. (vi) [Reserved] (3) Iowa. 2 (ii) The new unit set-aside for 2015 and 2016 is 2,035 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 107 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 1,426 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 75 tons. (4) Kentucky. 2 (ii) The new unit set-aside for 2015 and 2016 is 13,960 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 6,381 tons. (vi) [Reserved] (5) Maryland. 2 (ii) The new unit set-aside for 2015 and 2016 is 602 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 568 tons. (vi) [Reserved] (6) Michigan. 2 (ii) The new unit set-aside for 2015 and 2016 is 4,357 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 229 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 2,743 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 144 tons. (7) Missouri. 2 (ii) The new unit set-aside for 2015 is 4,149 tons and for 2016 is 6,224 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 4,982 tons. (vi) [Reserved] (8) New Jersey. 2 (ii) The new unit set-aside for 2015 and 2016 is 153 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 110 tons. (vi) [Reserved] (9) New York. 2 (ii) The new unit set-aside for 2015 and 2016 is 690 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 36 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 535 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 28 tons. (10) North Carolina. 2 (ii) The new unit set-aside for 2015 and 2016 is 10,813 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 137 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 4,559 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 58 tons. (11) Ohio. 2 (ii) The new unit set-aside for 2015 and 2016 is 6,308 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 2,850 tons. (vi) [Reserved] (12) Pennsylvania. 2 (ii) The new unit set-aside for 2015 and 2016 is 5,573 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 2,242 tons. (vi) [Reserved] (13) Tennessee. 2 (ii) The new unit set-aside for 2015 and 2016 is 2,963 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 1,181 tons. (vi) [Reserved] (14) Virginia. 2 (ii) The new unit set-aside for 2015 and 2016 is 2,833 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 1,401 tons. (vi) [Reserved] (15) West Virginia. 2 (ii) The new unit set-aside for 2015 and 2016 is 10,232 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 5,299 tons. (vi) [Reserved] (16) Wisconsin. 2 (ii) The new unit set-aside for 2015 and 2016 is 3,099 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 80 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 1,870 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 48 tons. (b) The States' variability limits for the State SO 2 (1) The variability limit for Illinois is 22,342 tons. (2) The variability limit for Indiana is 29,961 tons. (3) The variability limit for Iowa is 13,533 tons. (4) The variability limit for Kentucky is 19,131 tons. (5) The variability limit for Maryland is 5,077 tons. (6) The variability limit for Michigan is 25,919 tons. (7) The variability limit for Missouri is 29,869 tons. (8) The variability limit for New Jersey is 1,003 tons. (9) The variability limit for New York is 4,960 tons. (10) The variability limit for North Carolina is 10,372 tons. (11) The variability limit for Ohio is 25,603 tons. (12) The variability limit for Pennsylvania is 20,164 tons. (13) The variability limit for Tennessee is 10,590 tons. (14) The variability limit for Virginia is 6,310 tons. (15) The variability limit for West Virginia is 13,620 tons. (16) The variability limit for Wisconsin is 8,619 tons. (c) Each State SO 2 [77 FR 10339, Feb. 21, 2012, as amended at 77 FR 10348, Feb. 21, 2012; 77 FR 34846, June 12, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74616, Oct. 26, 2016; 86 FR 23191, Apr. 30, 2021] § 97.611 Timing requirements for CSAPR SO 2 (a) Existing units. 2 2 2 (2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR SO 2 2 2 (b) New units New unit set-asides. 2 2 (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO 2 2 (ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO 2 (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section. (iii) If the new unit set-aside for a control period before 2021 contains any CSAPR SO 2 2 (iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO 2 (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO 2 (B) The Administrator will adjust the identification of CSAPR SO 2 2 2 2 (v) To the extent any CSAPR SO 2 2 (2) Indian country new unit set-asides. 2 2 (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO 2 2 (ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO 2 (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section. (iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR SO 2 2 (iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO 2 (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO 2 (B) The Administrator will adjust the identification of CSAPR SO 2 2 2 2 (v) To the extent any CSAPR SO 2 2 (c) Units incorrectly allocated CSAPR SO 2 Group 1 allowances. 2 (i)(A) The recipient is not actually a CSAPR SO 2 2 2 2 2 (B) The recipient is not located as of January 1 of the control period in the State from whose SO 2 2 (ii) The recipient is not actually a CSAPR SO 2 2 2 2 2 (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR SO 2 (3) If the Administrator already recorded such CSAPR SO 2 2 2 2 2 (4) If the Administrator already recorded such CSAPR SO 2 2 (5)(i) With regard to the CSAPR SO 2 (A) Transfer such CSAPR SO 2 2 2 (B) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such CSAPR SO 2 2 (ii) With regard to the CSAPR SO 2 (A) Transfer such CSAPR SO 2 (B) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such CSAPR SO 2 2 (iii) With regard to the CSAPR SO 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74616, Oct. 26, 2016; 86 FR 23191, Apr. 30, 2021; 88 FR 36899, June 5, 2023] § 97.612 CSAPR SO 2 (a) Allocations from new unit set-asides. 2 2 2 (1) The CSAPR SO 2 2 (i) CSAPR SO 2 2 (ii) CSAPR SO 2 2 (iii) CSAPR SO 2 2 (iv) For purposes of paragraph (a)(9) of this section, CSAPR SO 2 2 (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR SO 2 2 2 (3) The Administrator will determine, for each CSAPR SO 2 2 (i) The control period in 2015; (ii)(A) The first control period after the control period in which the CSAPR SO 2 (B) The control period containing the deadline for certification of the CSAPR SO 2 (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR SO 2 2 (iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter. (4)(i) The allocation to each CSAPR SO 2 2 2 (ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO 2 2 (6) If the amount of CSAPR SO 2 2 2 (7) If the amount of CSAPR SO 2 2 2 2 (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(i) and (ii), of the amount of CSAPR SO 2 2 (9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR SO 2 2 (i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR SO 2 (ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section; (iii) If the amount of unallocated CSAPR SO 2 2 2 (iv) If the amount of unallocated CSAPR SO 2 2 2 2 (10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO 2 2 2 2 2 2 2 (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(iii), (iv), and (v), of the amount of CSAPR SO 2 2 (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(i), (ii), and (v), of the amount of CSAPR SO 2 2 (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO 2 2 (b) Allocations from Indian country new unit set-asides. 2 2 2 (1) The CSAPR SO 2 2 (i) CSAPR SO 2 2 (ii) For purposes of paragraph (b)(9) of this section, CSAPR SO 2 2 (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR SO 2 2 2 (3) The Administrator will determine, for each CSAPR SO 2 2 (i) The control period in 2015; and (ii)(A) The first control period after the control period in which the CSAPR SO 2 (B) The control period containing the deadline for certification of the CSAPR SO 2 (4)(i) The allocation to each CSAPR SO 2 2 2 (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO 2 2 (6) If the amount of CSAPR SO 2 2 2 (7) If the amount of CSAPR SO 2 2 2 2 (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(i) and (ii), of the amount of CSAPR SO 2 2 (9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR SO 2 2 (i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR SO 2 (ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section; (iii) If the amount of unallocated CSAPR SO 2 2 2 (iv) If the amount of unallocated CSAPR SO 2 2 2 2 (10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO 2 (i) Transfer such unallocated CSAPR SO 2 (ii) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such unallocated CSAPR SO 2 2 (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(iii), (iv), and (v), of the amount of CSAPR SO 2 2 (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(i), (ii), and (v), of the amount of CSAPR SO 2 2 (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74616, Oct. 26, 2016; 86 FR 23192, Apr. 30, 2021; 88 FR 36899, June 5, 2023] § 97.613 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.615, each CSAPR SO 2 2 2 (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR SO 2 2 (ii) The owners and operators of the source and each CSAPR SO 2 (b) Except as provided under § 97.615, each CSAPR SO 2 (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR SO 2 (c) Except in this section, § 97.602, and §§ 97.614 through 97.618, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. § 97.614 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.618 concerning delegation of authority to make submissions, each submission under the CSAPR SO 2 2 2 (b) The Administrator will accept or act on a submission made for a CSAPR SO 2 2 § 97.615 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. 2 2 (b) Changing alternate designated representative. 2 2 (c) Changes in owners and operators. 2 2 (2) Within 30 days after any change in the owners and operators of a CSAPR SO 2 2 (d) Changes in units at the source. 2 (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. § 97.616 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR SO 2 2 (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the CSAPR SO 2 2 (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR SO 2 (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR SO 2 2 (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR SO 2 2 2 2 2 2 2 2 (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74616, Oct. 26, 2016] § 97.617 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.616 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.616 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR SO 2 (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR SO 2 § 97.618 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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 designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.618(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 97.618(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 97.618 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. § 97.619 [Reserved] § 97.620 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. 2 (b) Assurance accounts. (c) General accounts Application for general account. 2 (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR SO 2 (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account 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 authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR SO 2 (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR SO 2 2 (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR SO 2 2 (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR SO 2 (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR SO 2 2 (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. 2 (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR SO 2 (iii)(A) In the event a person having an ownership interest with respect to CSAPR SO 2 (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR SO 2 2 (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR SO 2 (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR SO 2 (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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 authorized account representative or alternate 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 in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(c)(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 97.620(c)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (6) Closing a general account. 2 2 (ii) If a general account has no CSAPR SO 2 2 2 (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. 2 [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74617, Oct. 26, 2016; 86 FR 23193, Apr. 30, 2021] § 97.621 Recordation of CSAPR SO 2 (a) By November 7, 2011, the Administrator will record in each CSAPR SO 2 2 2 (b) By November 7, 2011, the Administrator will record in each CSAPR SO 2 2 2 (1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR SO 2 2 2 (2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO 2 2 2 (3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO 2 2 2 (c) By July 1, 2016, the Administrator will record in each CSAPR SO 2 2 2 2 2 (d) By July 1, 2017, the Administrator will record in each CSAPR SO 2 2 2 2 2 (e) By July 1, 2018, the Administrator will record in each CSAPR SO 2 2 2 2 2 (f)(1)By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR SO 2 2 2 2 2 (2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 2 2 (g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO 2 2 2 2 2 (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 2 2 (h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO 2 2 2 (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 (i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO 2 2 2 (j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO 2 2 2 (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR SO 2 (l) When recording the allocation or auction of CSAPR SO 2 2 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74617, Oct. 26, 2016; 86 FR 23194, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022] § 97.622 Submission of CSAPR SO 2 (a) An authorized account representative seeking recordation of a CSAPR SO 2 (b) A CSAPR SO 2 (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR SO 2 (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR SO 2 § 97.623 Recordation of CSAPR SO 2 (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR SO 2 2 2 (b) A CSAPR SO 2 2 (c) Where a CSAPR SO 2 (d) Within 5 business days of recordation of a CSAPR SO 2 (e) Within 10 business days of receipt of a CSAPR SO 2 (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. § 97.624 Compliance with CSAPR SO 2 (a) Availability for deduction for compliance. 2 2 2 (1) Were allocated or auctioned for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. 2 2 2 (1) Until the amount of CSAPR SO 2 2 2 (2) If there are insufficient CSAPR SO 2 2 (c) Selection of CSAPR SO 2 Group 1 allowances for deduction Identification by serial number. 2 2 (2) First-in, first-out. 2 2 (i) Any CSAPR SO 2 (ii) Any other CSAPR SO 2 (d) Deductions for excess emissions. 2 2 (e) Recordation of deductions. [76 FR 48432, Aug. 8, 2011, as amended at 86 FR 23194, Apr. 30, 2021] § 97.625 Compliance with CSAPR SO 2 (a) Availability for deduction. 2 2 2 2 (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR SO 2 (b) Deductions for compliance. 2 2 (1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total SO 2 2 2 2 (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO 2 (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR SO 2 2 2 2 2 (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO 2 2 (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.606(c)(2)(iii), §§ 97.606(b) and 97.630 through 97.635, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.602, and the calculation formula in § 97.606(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR SO 2 2 2 2 (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR SO 2 2 2 (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.623, of CSAPR SO 2 2 2 2 (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR SO 2 (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR SO 2 2 2 (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR SO 2 2 2 (A) Where the amount of CSAPR SO 2 2 2 2 2 (B) For the owners and operators for which the amount of CSAPR SO 2 2 2 2 2 2 2 2 (C) Each CSAPR SO 2 2 2 [76 FR 48432, Aug. 8, 2011, as amended at 77 FR 10340, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74617, Oct. 26, 2016; 86 FR 23194, Apr. 30, 2021] § 97.626 Banking. (a) A CSAPR SO 2 (b) Any CSAPR SO 2 2 (c) At any time after the allowance transfer deadline for the last control period for which a State SO 2 2 [76 FR 48432, Aug. 8, 2011, as amended at 86 FR 23194, Apr. 30, 2021; 88 FR 36899, June 5, 2023] § 97.627 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.628 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR SO 2 (b) The Administrator may deduct CSAPR SO 2 2 § 97.629 [Reserved] § 97.630 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR SO 2 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 § 97.631 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. 2 (1) January 1, 2015; or (2) 180 calendar days after the date on which the unit commences commercial operation. (3) The owner or operator of a CSAPR SO 2 2 (i) Such requirements shall apply to the monitoring systems required under § 97.630 through § 97.635, rather than the monitoring systems required under part 75 of this chapter; (ii) SO 2 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.635, rather than § 75.66 of this chapter. (c) Reporting data. 2 2 2 (d) Prohibitions. 2 (2) No owner or operator of a CSAPR SO 2 2 2 (3) No owner or operator of a CSAPR SO 2 2 (4) No owner or operator of a CSAPR SO 2 (i) During the period that the unit is covered by an exemption under § 97.605 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 Administrator 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 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 § 97.631(d)(3)(i). (e) Long-term cold storage. 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74617, Oct. 26, 2016] § 97.631 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B and 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 § 97.630(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [76 FR 48432, Aug. 8, 2011, as amended at 81 FR 74618, Oct. 26, 2016] § 97.632 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. [76 FR 48432, Aug. 8, 2011, as amended at 86 FR 23194, Apr. 30, 2021] § 97.633 Notifications concerning monitoring. The designated representative of a CSAPR SO 2 § 97.634 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. 2 (c) Certification applications. (d) Quarterly reports. (1) The designated representative shall report the SO 2 2 (i) The calendar quarter covering January 1, 2015 through March 31, 2015; or (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.630(b). (2) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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 CSAPR SO 2 X X X X 2 (4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section. (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 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74618, Oct. 26, 2016; 86 FR 23195, Apr. 30, 2021] § 97.635 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR SO 2 (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. 78 FR 48432, Aug. 8, 2011, as amended at 81 FR 74618, Oct. 26, 2016] Subpart DDDDD—CSAPR SO 2 Source: 76 FR 48458, Aug. 8, 2011, unless otherwise noted. Editorial Note: Nomenclature changes appear at 81 FR 74618, Oct. 26, 2016. § 97.701 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) SO 2 [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74618, Oct. 26, 2016] § 97.702 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation 2 2 (1) A CSAPR SO 2 (2) A new unit set-aside; (3) An Indian country new unit set-aside; or (4) An entity not listed in paragraphs (1) through (3) of this definition; (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR SO 2 2 2 i.e. 2 Allowance Management System 2 2 Allowance Management System account 2 Allowance transfer deadline 2 2 2 Alternate designated representative 2 2 2 2 X X X X Assurance account 2 2 2 Auction 2 2 Authorized account representative 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.705. (i) For a unit that is a CSAPR SO 2 (ii) For a unit that is a CSAPR SO 2 (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.705, for a unit that is not a CSAPR SO 2 2 (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative 2 Common designated representative's assurance level 2 2 2 2 2 2 2 2 Common designated representative's share 2 2 2 2 Common stack Compliance account 2 2 2 2 2 Continuous emission monitoring system CEMS 2 2 2 (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 SO 2 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 CO 2 2 2 2 2 2 (5) An O 2 2 2 2 Control period CSAPR NO X Annual Trading Program X X CSAPR NO X Ozone Season Group 1 Trading Program X X CSAPR NO X Ozone Season Group 2 Trading Program X X CSAPR NO X Ozone Season Group 3 Trading Program X X. CSAPR SO 2 Group 2 allowance 2 2 CSAPR SO 2 Group 2 allowance deduction or deduct CSAPR SO 2 Group 2 allowances 2 e.g., 2 e.g., CSAPR SO 2 Group 2 allowances held or hold CSAPR SO 2 Group 2 allowances 2 (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR SO 2 (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR SO 2 CSAPR SO 2 Group 2 emissions limitation 2 2 2 CSAPR SO 2 Group 2 source 2 CSAPR SO 2 Group 2 Trading Program 2 2 CSAPR SO 2 Group 2 unit 2 Designated representative 2 2 2 2 X X X X Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions 2 2 2 Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.704(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR SO 2 Group 2 unit 2 2 Nitrogen oxides 2 2 Operate operation Operator 2 2 2 2 Owner 2 2 (1) Any holder of any portion of the legal or equitable title in a CSAPR SO 2 2 (2) Any holder of a leasehold interest in a CSAPR SO 2 2 2 (3) Any purchaser of power from a CSAPR SO 2 2 Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded 2 2 Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number 2 2 Solid waste incineration unit Source State 2 Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV − 10.55(W + 9H) where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output Unit Unit operating day Unit operating hour or 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 [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74618, Oct. 26, 2016; 86 FR 23195, Apr. 30, 2021; 88 FR 36900, June 5, 2023] § 97.703 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74619, Oct. 26, 2016] § 97.704 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR SO 2 2 (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR SO 2 2 (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR SO 2 2 (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR SO 2 2 2 (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR SO 2 2 2 (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.39(h) or (i) of this chapter, of the CSAPR SO 2 (1) Petition content. (2) Response. 2 [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74619, Oct. 26, 2016; 86 FR 23195, Apr. 30, 2021] § 97.705 Retired unit exemption. (a)(1) Any CSAPR SO 2 (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR SO 2 (b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO 2 (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR SO 2 (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. [76 FR 48458, Aug. 8, 2011, as amended at 86 FR 23195, Apr. 30, 2021] § 97.706 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. 2 2 (2) The emissions data determined in accordance with §§ 97.730 through 97.735 shall be used to calculate allocations of CSAPR SO 2 2 (c) SO 2 emissions requirements CSAPR SO 2 Group 2 emissions limitation. 2 2 2 2 2 (ii) If total SO 2 2 2 2 (A) The owners and operators of the source and each CSAPR SO 2 2 (B) The owners and operators of the source and each CSAPR SO 2 (2) CSAPR SO 2 Group 2 assurance provisions. 2 2 2 2 2 (A) The quotient of the amount by which the common designated representative's share of such SO 2 2 (B) The amount by which total SO 2 2 2 (ii) The owners and operators shall hold the CSAPR SO 2 (iii) Total SO 2 2 2 2 2 (iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO 2 2 2 2 2 2 (v) To the extent the owners and operators fail to hold CSAPR SO 2 (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR SO 2 (3) Compliance periods. 2 (ii) A CSAPR SO 2 (4) Vintage of CSAPR SO 2 Group 2 allowances held for compliance. 2 2 (ii) A CSAPR SO 2 2 (5) Allowance Management System requirements. 2 (6) Limited authorization. 2 2 (i) Such authorization shall only be used in accordance with the CSAPR SO 2 (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. 2 (d) Title V permit requirements. 2 (2) A description of whether a unit is required to monitor and report SO 2 (e) Additional recordkeeping and reporting requirements. 2 2 (i) The certificate of representation under § 97.716 for the designated representative for the source and each CSAPR SO 2 (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR SO 2 (2) The designated representative of a CSAPR SO 2 2 2 (f) Liability. 2 2 2 2 (2) Any provision of the CSAPR SO 2 2 2 (g) Effect on other authorities. 2 2 2 [76 FR 48458, Aug. 8, 2011, as amended at 77 FR 10340, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74619, Oct. 26, 2016; 86 FR 23195, Apr. 30, 2021] § 97.707 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR SO 2 (b) Unless otherwise stated, any time period scheduled, under the CSAPR SO 2 (c) Unless otherwise stated, if the final day of any time period, under the CSAPR SO 2 § 97.708 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR SO 2 § 97.709 [Reserved] § 97.710 State SO 2 (a) The State SO 2 2 (1) Alabama. 2 (ii) The new unit set-aside for 2015 and 2016 is 4,321 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 4,265 tons. (vi) [Reserved] (2) Georgia. 2 (ii) The new unit set-aside for 2015 and 2016 is 3,171 tons. (iii) [Reserved] (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 2,721 tons. (vi) [Reserved] (3) Kansas. 2 (ii) The new unit set-aside for 2015 and 2016 is 798 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 42 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 801 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons. (4) Minnesota. 2 (ii) The new unit set-aside for 2015 and 2016 is 798 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 42 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 800 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons. (5) Nebraska. 2 (ii) The new unit set-aside for 2015 and 2016 is 2,658 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 68 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 2,662 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 68 tons. (6) South Carolina. 2 (ii) The new unit set-aside for 2015 and 2016 is 1,836 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 97 tons. (iv) The SO 2 (v) The new unit set-aside for 2017 and thereafter is 1,836 tons. (vi) The Indian country new unit set-aside for 2017 and thereafter is 97 tons. (7) Texas. 2 (ii) The new unit set-aside for 2015 and 2016 is 14,430 tons. (iii) The Indian country new unit set-aside for 2015 and 2016 is 294 tons. (iv)-(vi) [Reserved] (b) The States' variability limits for the State SO 2 (1) The variability limit for Alabama is 38,386 tons. (2) The variability limit for Georgia is 24,402 tons. (3) The variability limit for Kansas is 7,556 tons. (4) The variability limit for Minnesota is 7,557 tons. (5) The variability limit for Nebraska is 12,269 tons. (6) The variability limit for South Carolina is 17,394 tons. (7) [Reserved] (c) Each State SO 2 [77 FR 10340, Feb. 21, 2012, as amended at 77 FR 10349, Feb. 21, 2012; 77 FR 34846, June 12, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74619, Oct. 26, 2016; 86 FR 23195, Apr. 30, 2021] § 97.711 Timing requirements for CSAPR SO 2 (a) Existing units. 2 2 2 (2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR SO 2 2 2 (b) New units New unit set-asides. 2 2 (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO 2 2 (ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO 2 (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section. (iii) If the new unit set-aside for a control period before 2021 contains any CSAPR SO 2 2 (iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO 2 (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO 2 (B) The Administrator will adjust the identification of CSAPR SO 2 2 2 2 (v) To the extent any CSAPR SO 2 2 (2) Indian country new unit set-asides. 2 2 (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO 2 2 (ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO 2 (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section. (iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR SO 2 2 (iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO 2 (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO 2 (B) The Administrator will adjust the identification of CSAPR SO 2 2 2 2 (v) To the extent any CSAPR SO 2 2 (c) Units incorrectly allocated CSAPR SO 2 Group 2 allowances. 2 (i)(A) The recipient is not actually a CSAPR SO 2 2 2 2 2 (B) The recipient is not located as of January 1 of the control period in the State from whose SO 2 2 (ii) The recipient is not actually a CSAPR SO 2 2 2 2 2 (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR SO 2 (3) If the Administrator already recorded such CSAPR SO 2 2 2 2 2 (4) If the Administrator already recorded such CSAPR SO 2 2 (5)(i) With regard to the CSAPR SO 2 (A) Transfer such CSAPR SO 2 2 2 (B) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such CSAPR SO 2 2 (ii) With regard to the CSAPR SO 2 (A) Transfer such CSAPR SO 2 (B) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such CSAPR SO 2 2 (iii) With regard to the CSAPR SO 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74620, Oct. 26, 2016; 86 FR 23196, Apr. 30, 2021; 88 FR 36900, June 5, 2023] § 97.712 CSAPR SO 2 (a) Allocations from new unit set-asides. 2 2 2 (1) The CSAPR SO 2 2 (i) CSAPR SO 2 2 (ii) CSAPR SO 2 2 (iii) CSAPR SO 2 2 (iv) For purposes of paragraph (a)(9) of this section, CSAPR SO 2 2 (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR SO 2 2 2 (3) The Administrator will determine, for each CSAPR SO 2 2 (i) The control period in 2015; (ii)(A) The first control period after the control period in which the CSAPR SO 2 (B) The control period containing the deadline for certification of the CSAPR SO 2 (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR SO 2 2 (iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter. (4)(i) The allocation to each CSAPR SO 2 2 2 (ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO 2 2 (6) If the amount of CSAPR SO 2 2 2 (7) If the amount of CSAPR SO 2 2 2 2 (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(i) and (ii), of the amount of CSAPR SO 2 2 (9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR SO 2 2 (i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR SO 2 (ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section; (iii) If the amount of unallocated CSAPR SO 2 2 2 (iv) If the amount of unallocated CSAPR SO 2 2 2 2 (10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO 2 2 2 2 2 2 2 (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(iii), (iv), and (v), of the amount of CSAPR SO 2 2 (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(i), (ii), and (v), of the amount of CSAPR SO 2 2 (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO 2 2 (b) Allocations from Indian country new unit set-asides. 2 2 2 (1) The CSAPR SO 2 2 (i) CSAPR SO 2 2 (ii) For purposes of paragraph (b)(9) of this section, CSAPR SO 2 2 (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR SO 2 2 2 (3) The Administrator will determine, for each CSAPR SO 2 2 (i) The control period in 2015; and (ii)(A) The first control period after the control period in which the CSAPR SO 2 (B) The control period containing the deadline for certification of the CSAPR SO 2 (4)(i) The allocation to each CSAPR SO 2 2 2 (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO 2 2 (6) If the amount of CSAPR SO 2 2 2 (7) If the amount of CSAPR SO 2 2 2 2 (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(i) and (ii), of the amount of CSAPR SO 2 2 (9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR SO 2 2 (i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR SO 2 (ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section; (iii) If the amount of unallocated CSAPR SO 2 2 2 (iv) If the amount of unallocated CSAPR SO 2 2 2 2 (10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO 2 (i) Transfer such unallocated CSAPR SO 2 (ii) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such unallocated CSAPR SO 2 2 (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(iii), (iv), and (v), of the amount of CSAPR SO 2 2 (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(i), (ii), and (v), of the amount of CSAPR SO 2 2 (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74620, Oct. 26, 2016; 86 FR 23196, Apr. 30, 2021; 88 FR 36900, June 5, 2023] § 97.713 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.715, each CSAPR SO 2 2 2 (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR SO 2 2 (ii) The owners and operators of the source and each CSAPR SO 2 (b) Except as provided under § 97.715, each CSAPR SO 2 (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR SO 2 (c) Except in this section, § 97.702, and §§ 97.714 through 97.718, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. § 97.714 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.718 concerning delegation of authority to make submissions, each submission under the CSAPR SO 2 2 2 (b) The Administrator will accept or act on a submission made for a CSAPR SO 2 2 § 97.715 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. 2 2 (b) Changing alternate designated representative. 2 2 (c) Changes in owners and operators. 2 2 (2) Within 30 days after any change in the owners and operators of a CSAPR SO 2 2 (d) Changes in units at the source. 2 (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. § 97.716 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR SO 2 2 (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the CSAPR SO 2 2 (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR SO 2 (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR SO 2 2 (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR SO 2 2 2 2 2 2 2 2 (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74620, Oct. 26, 2016] § 97.717 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.716 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.716 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR SO 2 (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR SO 2 § 97.718 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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 designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.718(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 97.718(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 97.718 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. § 97.719 [Reserved] § 97.720 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. 2 (b) Assurance accounts. (c) General accounts Application for general account. 2 (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR SO 2 (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account 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 authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR SO 2 (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR SO 2 2 (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR SO 2 2 (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR SO 2 (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR SO 2 2 (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”. (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. 2 (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR SO 2 (iii)(A) In the event a person having an ownership interest with respect to CSAPR SO 2 (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR SO 2 2 (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR SO 2 (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR SO 2 (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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 authorized account representative or alternate 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 in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(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 97.720(c)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (6) Closing a general account. 2 2 (ii) If a general account has no CSAPR SO 2 2 2 (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. 2 [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74620, Oct. 26, 2016; 86 FR 23198, Apr. 30, 2021] § 97.721 Recordation of CSAPR SO 2 (a) By November 7, 2011, the Administrator will record in each CSAPR SO 2 2 2 (b) By November 7, 2011, the Administrator will record in each CSAPR SO 2 2 2 (1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR SO 2 2 2 (2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO 2 2 2 (3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO 2 2 2 (c) By July 1, 2016, the Administrator will record in each CSAPR SO 2 2 2 2 2 (d) By July 1, 2017, the Administrator will record in each CSAPR SO 2 2 2 2 2 (e) By July 1, 2018, the Administrator will record in each CSAPR SO 2 2 2 2 2 (f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR SO 2 2 2 2 2 (2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 2 2 (g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO 2 2 2 2 2 (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 2 2 (h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO 2 2 2 (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO 2 2 2 (i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO 2 2 2 (j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO 2 2 2 (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR SO 2 (l) When recording the allocation or auction of CSAPR SO 2 2 2 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74620, Oct. 26, 2016; 86 FR 23198, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022] § 97.722 Submission of CSAPR SO 2 (a) An authorized account representative seeking recordation of a CSAPR SO 2 (b) A CSAPR SO 2 (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR SO 2 (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR SO 2 § 97.723 Recordation of CSAPR SO 2 (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR SO 2 2 2 (b) A CSAPR SO 2 2 (c) Where a CSAPR SO 2 (d) Within 5 business days of recordation of a CSAPR SO 2 (e) Within 10 business days of receipt of a CSAPR SO 2 (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74621, Oct. 26, 2016] § 97.724 Compliance with CSAPR SO 2 (a) Availability for deduction for compliance. 2 2 2 (1) Were allocated or auctioned for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. 2 2 2 (1) Until the amount of CSAPR SO 2 2 2 (2) If there are insufficient CSAPR SO 2 2 (c) Selection of CSAPR SO 2 Group 2 allowances for deduction Identification by serial number. 2 2 (2) First-in, first-out. 2 2 (i) Any CSAPR SO 2 (ii) Any other CSAPR SO 2 (d) Deductions for excess emissions. 2 2 (e) Recordation of deductions. [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74621, Oct. 26, 2016; 86 FR 23198, Apr. 30, 2021] § 97.725 Compliance with CSAPR SO 2 (a) Availability for deduction. 2 2 2 2 (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR SO 2 (b) Deductions for compliance. 2 2 (1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total SO 2 2 2 2 (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO 2 (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR SO 2 2 2 2 2 (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO 2 2 (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.706(c)(2)(iii), §§ 97.706(b) and 97.730 through 97.735, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.702, and the calculation formula in § 97.706(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR SO 2 2 2 2 (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR SO 2 2 2 (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.723, of CSAPR SO 2 2 2 2 (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR SO 2 (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR SO 2 2 2 (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR SO 2 2 2 (A) Where the amount of CSAPR SO 2 2 2 2 2 (B) For the owners and operators for which the amount of CSAPR SO 2 2 2 2 2 2 2 2 (C) Each CSAPR SO 2 2 2 [76 FR 48458, Aug. 8, 2011, as amended at 77 FR 10340, Feb. 21, 2012; 79 FR 71672, Dec. 3, 2014; 81 FR 74621, Oct. 26, 2016; 86 FR 23198, Apr. 30, 2021] § 97.726 Banking. (a) A CSAPR SO 2 (b) Any CSAPR SO 2 2 (c) At any time after the allowance transfer deadline for the last control period for which a State SO 2 2 [76 FR 48458, Aug. 8, 2011, as amended at 86 FR 23199, Apr. 30, 2021; 88 FR 36900, June 5, 2023] § 97.727 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.728 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR SO 2 (b) The Administrator may deduct CSAPR SO 2 2 [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74621, Oct. 26, 2016] § 97.729 [Reserved] § 97.730 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR SO 2 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 § 97.731 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. 2 (1) January 1, 2015; or (2) 180 calendar days after the date on which the unit commences commercial operation. (3) The owner or operator of a CSAPR SO 2 2 (i) Such requirements shall apply to the monitoring systems required under § 97.730 through § 97.735, rather than the monitoring systems required under part 75 of this chapter; (ii) SO 2 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.735, rather than § 75.66 of this chapter. (c) Reporting data. 2 2 2 (d) Prohibitions. 2 (2) No owner or operator of a CSAPR SO 2 2 2 (3) No owner or operator of a CSAPR SO 2 2 (4) No owner or operator of a CSAPR SO 2 (i) During the period that the unit is covered by an exemption under § 97.705 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 Administrator 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 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 § 97.731(d)(3)(i). (e) Long-term cold storage. 2 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74621, Oct. 26, 2016] § 97.731 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B and 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 § 97.730(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74621, Oct. 26, 2016; 86 FR 23199, Apr. 30, 2021] § 97.732 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. [76 FR 48458, Aug. 8, 2011, as amended at 86 FR 23199, Apr. 30, 2021] § 97.733 Notifications concerning monitoring. The designated representative of a CSAPR SO 2 § 97.734 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. 2 (c) Certification applications. (d) Quarterly reports. (1) The designated representative shall report the SO 2 2 (i) The calendar quarter covering January 1, 2015 through March 31, 2015; or (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.730(b). (2) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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 CSAPR SO 2 X X X X 2 (4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section. (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 [76 FR 48379, Aug. 8, 2011, as amended at 79 FR 71672, Dec. 3, 2014; 81 FR 74621, Oct. 26, 2016; 88 FR 36900, June 5, 2023] § 97.735 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR SO 2 (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. [76 FR 48458, Aug. 8, 2011, as amended at 81 FR 74621, Oct. 26, 2016] Subpart EEEEE—CSAPR NO X Source: 81 FR 74621, Oct. 26, 2016, unless otherwise noted. § 97.801 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO X § 97.802 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation X X (1) A CSAPR NO X (2) A new unit set-aside; (3) An Indian country new unit set-aside; or (4) An entity not listed in paragraphs (1) through (3) of this definition; (5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO X X X i.e., X Allowance Management System X X Allowance Management System account X Allowance transfer deadline X X X Alternate designated representative X X X X X 2 2 Assurance account X X X Auction X X Authorized account representative 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.805. (i) For a unit that is a CSAPR NO X (ii) For a unit that is a CSAPR NO X (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.805, for a unit that is not a CSAPR NO X X (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative X Common designated representative's assurance level (1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO X X X X X X X X (2) Provided that the allocations of CSAPR NO X X Common designated representative's share X X X X Common stack Compliance account X X X X X Continuous emission monitoring system CEMS X 2 2 (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 NO X X X (3) A NO X 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 CO 2 2 2 2 2 2 (6) An O 2 2 2 2 Control period CSAPR NO X Annual Trading Program X X CSAPR NO X Ozone Season Expanded Group 2 allowance X 1 CSAPR NO X Ozone Season Group 2 allowance X X X X X CSAPR NO X Ozone Season Group 2 allowance deduction deduct CSAPR NO X Ozone Season Group 2 allowances X e.g., X e.g., CSAPR NO X Ozone Season Group 2 allowances held hold CSAPR NO X Ozone Season Group 2 allowances X (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO X (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO X CSAPR NO X Ozone Season Group 2 emissions limitation X X X CSAPR NO X Ozone Season Group 2 source X CSAPR NO X Ozone Season Group 2 Trading Program X X CSAPR NO X Ozone Season Group 2 unit X CSAPR NO X Ozone Season Group 3 allowance X X CSAPR NO X Ozone Season Group 3 Trading Program X X. CSAPR NO X Ozone Season Original Group 2 allowance X X CSAPR SO 2 Group 1 Trading Program 2 2 CSAPR SO 2 Group 2 Trading Program 2 2 Designated representative X X X X X 2 2 Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions X X X Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.804(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR NO X Ozone Season Group 2 unit X X Nitrogen oxides 2 2 Operate operation Operator X X X X Owner X X (1) Any holder of any portion of the legal or equitable title in a CSAPR NO X X (2) Any holder of a leasehold interest in a CSAPR NO X X X (3) Any purchaser of power from a CSAPR NO X X Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded X X Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number X X Solid waste incineration unit Source State X Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV − 10.55 (W + 9H) where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. 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 [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23199, Apr. 30, 2021; 88 FR 36900, June 5, 2023; 88 FR 49305, July 31, 2023; 89 FR 87971, Nov. 6, 2024] § 97.803 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year § 97.804 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO X X (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO X X (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO X X X (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO X X X (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(8) or (9) of this chapter, of the CSAPR NO X (1) Petition content. (2) Response. X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23200, Apr. 30, 2021] § 97.805 Retired unit exemption. (a)(1) Any CSAPR NO X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO X (b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO X (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO X (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23200, Apr. 30, 2021] § 97.806 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. X X (2) The emissions data determined in accordance with §§ 97.830 through 97.835 shall be used to calculate allocations of CSAPR NO X X (c) NO X emissions requirements CSAPR NO X Ozone Season Group 2 emissions limitation. X X X X X (ii) If total NO X X X X (A) The owners and operators of the source and each CSAPR NO X X (B) The owners and operators of the source and each CSAPR NO X (2) CSAPR NO X Ozone Season Group 2 assurance provisions. X X X X X (A) The quotient of the amount by which the common designated representative's share of such NO X X (B) The amount by which total NO X X X (ii) The owners and operators shall hold the CSAPR NO X (iii) Total NO X X X X X (iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO X X X X X X (v) To the extent the owners and operators fail to hold CSAPR NO X (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR NO X (3) Compliance periods. X (ii) [Reserved] (4) Vintage and type of CSAPR NO X Ozone Season Group 2 allowances held for compliance. X X (ii) A CSAPR NO X X (iii) Except as provided in paragraph (c)(4)(iv) of this section, a CSAPR NO X X (iv) A CSAPR NO X 1 X (5) Allowance Management System requirements. X (6) Limited authorization. X X (i) Such authorization shall only be used in accordance with the CSAPR NO X (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. X (d) Title V permit requirements. X (2) A description of whether a unit is required to monitor and report NO X (e) Additional recordkeeping and reporting requirements. X X (i) The certificate of representation under § 97.816 for the designated representative for the source and each CSAPR NO X (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO X (2) The designated representative of a CSAPR NO X X X (f) Liability. X X X X (2) Any provision of the CSAPR NO X X X (g) Effect on other authorities. X X X [81 FR 74621, Oct. 26, 2016, as amended at 88 FR 36900, June 5, 2023; 88 FR 49305, July 31, 2023; 89 FR 87972, Nov. 6, 2024] § 97.807 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (b) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO X § 97.808 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR NO X § 97.809 [Reserved] § 97.810 State NO X (a) The State NO X X (1) Alabama. X (ii) The new unit set-aside for 2017 and thereafter is 255 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 13 tons. (2) Arkansas. X (ii) The new unit set-aside for 2017 is 240 tons and for 2018 and thereafter is 185 tons. (iii) [Reserved] (3) [Reserved] (4) Illinois. X (ii) The new unit set-aside for 2017 through 2020 is 302 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 244 tons. (vi) [Reserved] (5) Indiana. X (ii) The new unit set-aside for 2017 through 2020 is 468 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 227 tons. (vi) [Reserved] (6) Iowa. X (ii) The new unit set-aside for 2017 and thereafter is 324 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 11 tons. (7) Kansas. X (ii) The new unit set-aside for 2017 and thereafter is 148 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 8 tons. (8) Kentucky. X (ii) The new unit set-aside for 2017 through 2020 is 426 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2023 and thereafter is 283 tons. (vi) [Reserved] (9) Louisiana. X (ii) The new unit set-aside for 2017 through 2020 is 352 tons. (iii) The Indian country new unit set-aside for 2017 through 2020 is 19 tons. (iv) The NO X (v) The new unit set-aside for 2023 and thereafter is 430 tons. (vi) The Indian country new unit set-aside for 2023 and thereafter is 15 tons. (10) Maryland. X (ii) The new unit set-aside for 2017 through 2020 is 152 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 122 tons. (vi) [Reserved] (11) Michigan. X (ii) The new unit set-aside for 2017 through 2020 is 665 tons. (iii) The Indian country new unit set-aside for 2017 through 2020 is 17 tons. (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 382 tons. (vi) The Indian country new unit set-aside for 2024 and thereafter is 10 tons. (12) Mississippi. X (ii) The new unit set-aside for 2017 and thereafter is 120 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 6 tons. (13) Missouri. X (ii) The new unit set-aside for 2017 and thereafter is 324 tons. (iii) [Reserved] (14) New Jersey. X (ii) The new unit set-aside for 2017 through 2020 is 192 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 27 tons. (vi) [Reserved] (15) New York. X (ii) The new unit set-aside for 2017 through 2020 is 252 tons. (iii) The Indian country new unit set-aside for 2017 through 2020 is 5 tons. (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 167 tons. (vi) The Indian country new unit set-aside for 2024 and thereafter is 3 tons. (16) Ohio. X (ii) The new unit set-aside for 2017 through 2020 is 401 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 290 tons. (vi) [Reserved] (17) Oklahoma. X (ii) The new unit set-aside for 2017 and thereafter is 221 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 12 tons. (18) Pennsylvania. X (ii) The new unit set-aside for 2017 through 2020 is 541 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 339 tons. (vi) [Reserved] (19) Tennessee. X (ii) The new unit set-aside for 2017 and thereafter is 156 tons. (iii) [Reserved] (20) Texas. X (ii) The new unit set-aside for 2017 and thereafter is 998 tons. (iii) The Indian country new unit set-aside for 2017 and thereafter is 52 tons. (21) Virginia. X (ii) The new unit set-aside for 2017 through 2020 is 562 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2024 and thereafter is 150 tons. (vi) [Reserved] (22) West Virginia. X (ii) The new unit set-aside for 2017 through 2020 is 356 tons. (iii) [Reserved] (iv) The NO X (v) The new unit set-aside for 2023 and thereafter is 261 tons. (vi) [Reserved] (23) Wisconsin. X (ii) The new unit set-aside for 2017 through 2022 and for 2024 and thereafter is 151 tons. (iii) The Indian country new unit set-aside for 2017 through 2022 and for 2024 and thereafter is 8 tons. (b) The States' variability limits for the State NO X (1) The variability limit for Alabama for 2017 and thereafter is 2,774 tons. (2) The variability limit for Arkansas for 2017 is 2,530 tons and for 2018 and thereafter is 1,934 tons. (3) [Reserved] (4)(i) The variability limit for Illinois for 2017 through 2020 is 3,066 tons. (ii) The variability limit for Illinois for 2024 and thereafter is 1,692 tons. (5)(i) The variability limit for Indiana for 2017 through 2020 is 4,894 tons. (ii) The variability limit for Indiana for 2024 and thereafter is 2,361 tons. (6) The variability limit for Iowa for 2017 and thereafter is 2,367 tons. (7) The variability limit for Kansas for 2017 and thereafter is 1,686 tons. (8)(i) The variability limit for Kentucky for 2017 through 2020 is 4,434 tons. (ii) The variability limit for Kentucky for 2023 and thereafter is 2,951 tons. (9)(i) The variability limit for Louisiana for 2017 through 2020 is 3,914 tons. (ii) The variability limit for Louisiana for 2023 and thereafter is 3,112 tons. (10)(i) The variability limit for Maryland for 2017 through 2020 is 804 tons. (ii) The variability limit for Maryland for 2024 and thereafter is 283 tons. (11)(i) The variability limit for Michigan for 2017 through 2020 is 3,575 tons. (ii) The variability limit for Michigan for 2024 and thereafter is 2,055 tons. (12) The variability limit for Mississippi for 2017 and thereafter is 1,326 tons. (13) The variability limit for Missouri for 2017 and thereafter is 3,314 tons. (14)(i) The variability limit for New Jersey for 2017 through 2020 is 433 tons. (ii) The variability limit for New Jersey for 2024 and thereafter is 263 tons. (15)(i) The variability limit for New York for 2017 through 2020 is 1,078 tons. (ii) The variability limit for New York for 2024 and thereafter is 715 tons. (16)(i) The variability limit for Ohio for 2017 through 2020 is 4,100 tons. (ii) The variability limit for Ohio for 2024 and thereafter is 2,052 tons. (17) The variability limit for Oklahoma for 2017 and thereafter is 2,445 tons. (18)(i) The variability limit for Pennsylvania for 2017 through 2020 is 3,770 tons. (ii) The variability limit for Pennsylvania for 2024 and thereafter is 1,758 tons. (19) The variability limit for Tennessee for 2017 and thereafter is 1,625 tons. (20) The variability limit for Texas for 2017 and thereafter is 10,983 tons. (21)(i) The variability limit for Virginia for 2017 through 2020 is 1,937 tons. (ii) The variability limit for Virginia for 2024 and thereafter is 769 tons. (22)(i) The variability limit for West Virginia for 2017 through 2020 is 3,741 tons. (ii) The variability limit for West Virginia for 2023 and thereafter is 2,706 tons. (23) The variability limit for Wisconsin for 2017 through 2022 and for 2024 and thereafter is 1,662 tons. (c) Each State NO X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23200, Apr. 30, 2021; 88 FR 36901, June 5, 2023; 88 FR 49305, July 31, 2023; 88 FR 67108, Sept. 29, 2023; 89 FR 87972, Nov. 6, 2024; 90 FR 21434, May 20, 2025] § 97.811 Timing requirements for CSAPR NO X (a) Existing units. X X X (2) Notwithstanding paragraph (a)(1) of this section: (i) If a unit provided an allocation of CSAPR NO X X (ii) If a unit provided an allocation of CSAPR NO X X (iii) All CSAPR NO X X (b) New units New unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section. (iii) If the new unit set-aside for a control period before 2021 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (2) Indian country new unit set-asides. X X (B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section. (iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR NO X X (iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO X (A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO X (B) The Administrator will adjust the identification of CSAPR NO X X X X (v) To the extent any CSAPR NO X X (c) Units incorrectly allocated CSAPR NO X Ozone Season Group 2 allowances. X (i)(A) The recipient is not actually a CSAPR NO X X X X X (B) The recipient is not located as of May 1 of the control period in the State from whose NO X X (ii) The recipient is not actually a CSAPR NO X X X X X (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO X (3) If the Administrator already recorded such CSAPR NO X X X X X (4) If the Administrator already recorded such CSAPR NO X X (5)(i) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X X X (B) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such CSAPR NO X X (ii) With regard to the CSAPR NO X (A) Transfer such CSAPR NO X (B) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such CSAPR NO X X (iii) With regard to the CSAPR NO X X (d) Recall of CSAPR NO X Ozone Season Original Group 2 allowances allocated for control periods in 2021 through 2024. X X X (2)(i) For each CSAPR NO X X (ii)(A) The surrender requirement under paragraph (d)(2)(i) of this section corresponding to each CSAPR NO X (B) If the owners and operators of a given source as of a given date assumed ownership and operational control of the source through a transaction that did not also provide rights to direct the use or transfer of a given CSAPR NO X X X (C) The Administrator will not adjudicate any private legal dispute among the owners and operators of a source or among the former owners and operators of a source, including any disputes relating to the requirements to surrender CSAPR NO X (3)(i) As soon as practicable on or after June 29, 2021, the Administrator will send a notification to the designated representative for each source described in paragraph (d)(1) of this section identifying the amounts of CSAPR NO X (ii) As soon as practicable on or after July 14, 2021, the Administrator will deduct from the compliance account for each source described in paragraph (d)(1) of this section CSAPR NO X X (iii) As soon as practicable after completion of the deductions under paragraph (d)(3)(ii) of this section, the Administrator will identify for each source described in paragraph (d)(1) of this section the amounts, if any, of CSAPR NO X (iv) With regard to each source for which unsatisfied surrender requirements under paragraph (d)(2)(i) of this section remain after the deductions under paragraph (d)(3)(ii) of this section: (A) Except as provided in paragraph (d)(3)(iv)(B) of this section, not later than September 15, 2021, the owners and operators of the source shall hold sufficient CSAPR NO X (B) With regard to any portion of such unsatisfied surrender requirements that apply to former owners and operators of the source pursuant to paragraph (d)(2)(ii)(B) of this section, not later than September 15, 2021, such former owners and operators shall hold sufficient CSAPR NO X (C) As soon as practicable on or after September 15, 2021, the Administrator will deduct from the Allowance Management System account identified in accordance with paragraph (d)(3)(iv)(A) or (B) of this section CSAPR NO X X (v) When making deductions under paragraph (d)(3)(ii) or (iv) of this section to address the surrender requirements under paragraph (d)(2)(i) of this section for a given source: (A) The Administrator will make deductions to address any surrender requirements with regard to first the 2021 control period, then the 2022 control period, then the 2023 control period, and finally the 2024 control period. (B) When making deductions to address the surrender requirements with regard to a given control period, the Administrator will first deduct CSAPR NO X X (C) When deducting CSAPR NO X X X (4)(i) To the extent the surrender requirements under paragraph (d)(2)(i) of this section corresponding to any CSAPR NO X X X X (ii) If no person with an ownership interest in a given CSAPR NO X X X X X X (iii) Not less than 45 days before the planned date for any deductions under paragraph (d)(4)(i) of this section, the Administrator will send a notification to the authorized account representative for the Allowance Management System account from which such deductions will be made identifying the CSAPR NO X (5) To the extent the surrender requirements under paragraph (d)(2)(i) of this section corresponding to any CSAPR NO X (i) The persons identified in accordance with paragraph (d)(2)(ii) of this section with regard to such source and each such CSAPR NO X (ii) Each such CSAPR NO X (6) The Administrator will record in the appropriate Allowance Management System accounts all deductions of CSAPR NO X (7)(i) Each submission, objection, or other written communication from a designated representative, authorized account representative, or other person to the Administrator under paragraph (d)(2), (3), or (4) of this section shall be sent electronically to the email address [email protected] (ii) Each notification from the Administrator to a designated representative or authorized account representative under paragraph (d)(3) or (4) of this section will be sent electronically to the email address most recently received by the Administrator for such representative. In any such notification, the Administrator may provide information by means of a reference to a publicly accessible website where the information is available. (e) Recall of CSAPR NO X Ozone Season Original Group 2 allowances allocated for control periods in 2023 and 2024. X 2 X X (2)(i) For each CSAPR NO X X (ii)(A) The surrender requirement under paragraph (e)(2)(i) of this section corresponding to each CSAPR NO X (B) If the owners and operators of a given source as of a given date assumed ownership and operational control of the source through a transaction that did not also provide rights to direct the use or transfer of a given CSAPR NO X X X (C) The Administrator will not adjudicate any private legal dispute among the owners and operators of a source or among the former owners and operators of a source, including any disputes relating to the requirements to surrender CSAPR NO X (3)(i) As soon as practicable on or after August 4, 2023, the Administrator will send a notification to the designated representative for each source described in paragraph (e)(1) of this section identifying the amounts of CSAPR NO X (ii) As soon as practicable on or after August 21, 2023, the Administrator will deduct from the compliance account for each source described in paragraph (e)(1) of this section CSAPR NO X X (iii) As soon as practicable after completion of the deductions under paragraph (e)(3)(ii) of this section, the Administrator will identify for each source described in paragraph (e)(1) of this section the amounts, if any, of CSAPR NO X (iv) With regard to each source for which unsatisfied surrender requirements under paragraph (e)(2)(i) of this section remain after the deductions under paragraph (e)(3)(ii) of this section: (A) Except as provided in paragraph (e)(3)(iv)(B) of this section, not later than September 15, 2023, the owners and operators of the source shall hold sufficient CSAPR NO X (B) With regard to any portion of such unsatisfied surrender requirements that apply to former owners and operators of the source pursuant to paragraph (e)(2)(ii)(B) of this section, not later than September 15, 2023, such former owners and operators shall hold sufficient CSAPR NO X (C) As soon as practicable on or after September 15, 2023, the Administrator will deduct from the Allowance Management System account identified in accordance with paragraph (e)(3)(iv)(A) or (B) of this section CSAPR NO X X (v) When making deductions under paragraph (e)(3)(ii) or (iv) of this section to address the surrender requirements under paragraph (e)(2)(i) of this section for a given source: (A) The Administrator will make deductions to address any surrender requirements with regard to first the 2023 control period and then the 2024 control period. (B) When making deductions to address the surrender requirements with regard to a given control period, the Administrator will first deduct CSAPR NO X X (C) When deducting CSAPR NO X X X (4)(i) To the extent the surrender requirements under paragraph (e)(2)(i) of this section corresponding to any CSAPR NO X X X X (ii) If no person with an ownership interest in a given CSAPR NO X X X X X X (iii) Not less than 45 days before the planned date for any deductions under paragraph (e)(4)(i) of this section, the Administrator will send a notification to the authorized account representative for the Allowance Management System account from which such deductions will be made identifying the CSAPR NO X (5) To the extent the surrender requirements under paragraph (e)(2)(i) of this section corresponding to any CSAPR NO X (i) The persons identified in accordance with paragraph (e)(2)(ii) of this section with regard to such source and each such CSAPR NO X (ii) Each such CSAPR NO X (6) The Administrator will record in the appropriate Allowance Management System accounts all deductions of CSAPR NO X (7)(i) Each submission, objection, or other written communication from a designated representative, authorized account representative, or other person to the Administrator under paragraph (e)(2), (3), or (4) of this section shall be sent electronically to the email address [email protected] (ii) Each notification from the Administrator to a designated representative or authorized account representative under paragraph (e)(3) or (4) of this section will be sent electronically to the email address most recently received by the Administrator for such representative. In any such notification, the Administrator may provide information by means of a reference to a publicly accessible website where the information is available. [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23200, Apr. 30, 2021; 88 FR 36901, June 5, 2023; 88 FR 49306, July 31, 2023; 89 FR 87973, Nov. 6, 2024] § 97.812 CSAPR NO X (a) Allocations from new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) CSAPR NO X X (iii) CSAPR NO X X (iv) For purposes of paragraph (a)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2017; (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO X X (iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter. (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X X X X X X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X (b) Allocations from Indian country new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) For purposes of paragraph (b)(9) of this section, CSAPR NO X X (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2017; and (ii)(A) The first control period after the control period in which the CSAPR NO X (B) The control period containing the deadline for certification of the CSAPR NO X (4)(i) The allocation to each CSAPR NO X X X (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(i) and (ii), of the amount of CSAPR NO X X (9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO X X (i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit's emissions during such control period and the amount of CSAPR NO X (ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section; (iii) If the amount of unallocated CSAPR NO X X X (iv) If the amount of unallocated CSAPR NO X X X X (10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO X (i) Transfer such unallocated CSAPR NO X (ii) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such unallocated CSAPR NO X X (11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO X X (ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(i), (ii), and (v), of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23203, Apr. 30, 2021; 88 FR 36902, June 5, 2023] § 97.813 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.815, each CSAPR NO X X X (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.816: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO X X (ii) The owners and operators of the source and each CSAPR NO X (b) Except as provided under § 97.815, each CSAPR NO X (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.816, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR NO X (c) Except in this section, § 97.802, and §§ 97.814 through 97.818, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. § 97.814 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.818 concerning delegation of authority to make submissions, each submission under the CSAPR NO X X X (b) The Administrator will accept or act on a submission made for a CSAPR NO X X § 97.815 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. X X (b) Changing alternate designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days after any change in the owners and operators of a CSAPR NO X X (d) Changes in units at the source. X (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. § 97.816 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR NO X X (2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the CSAPR NO X X (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO X X (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO X X X X X X X X (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section, § 97.516, or § 97.1016 that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO X X X X X X [81 FR 74621, Oct. 26, 2016, as amended at 88 FR 49306, July 31, 2023] § 97.817 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.816 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.816 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO X (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO X § 97.818 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative; (2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.818(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 97.818(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.818 is terminated.”. (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. (f)(1) A notice of delegation submitted under paragraph (c) of this section or § 97.518(c) that complies with the provisions of paragraph (c) of this section except that it contains the terms “40 CFR 97.518(d)” and “40 CFR 97.518” in place of the terms “40 CFR 97.818(d)” and “40 CFR 97.818”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.818(d)” and “40 CFR 97.818” appeared in place of the terms “40 CFR 97.518(d)” and “40 CFR 97.518”, respectively. (2) A notice of delegation submitted under paragraph (c) of this section or § 97.1018(c) that complies with the provisions of paragraph (c) of this section except that it contains the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018” in place of the terms “40 CFR 97.818(d)” and “40 CFR 97.818”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.818(d)” and “40 CFR 97.818” appeared in place of the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018”, respectively. [81 FR 74621, Oct. 26, 2016, as amended at 88 FR 49306, July 31, 2023] § 97.819 [Reserved] § 97.820 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. X (b) Assurance accounts. (c) General accounts Application for general account. X (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO X (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO X (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO X X (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section, § 97.520(c)(1), or § 97.1020(c)(1) that complies with the provisions of paragraph (c)(1) of this section except that it contains the phrase “TR NO X X X X X X (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO X X (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR NO X (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO X X (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO X X X X X (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. X (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO X (iii)(A) In the event a person having an ownership interest with respect to CSAPR NO X (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO X X (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO X (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative; (B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.820(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.820(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.820(c)(5) is terminated.”. (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (vi)(A) A notice of delegation submitted under paragraph (c)(5)(iii) of this section or § 97.520(c)(5)(iii) that complies with the provisions of paragraph (c)(5)(iii) of this section except that it contains the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” in place of the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c)(5)(iii) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)” appeared in place of the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)”, respectively. (B) A notice of delegation submitted under paragraph (c)(5)(iii) of this section or § 97.1020(c)(5)(iii) that complies with the provisions of paragraph (c)(5)(iii) of this section except that it contains the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)” in place of the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c)(5)(iii) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)” appeared in place of the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)”, respectively. (6) Closing a general account. X X (ii) If a general account has no CSAPR NO X X X (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23204, Apr. 30, 2021; 88 FR 49306, July 31, 2023] § 97.821 Recordation of CSAPR NO X (a) By January 9, 2017, the Administrator will record in each CSAPR NO X X X (b) By January 9, 2017, the Administrator will record in each CSAPR NO X X X (1) If, by April 1, 2017 the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2017 in each CSAPR NO X X X (2) If the State submits to the Administrator by April 1, 2017 and the Administrator approves by October 1, 2017 such complete SIP revision, the Administrator will record by October 1, 2017 in each CSAPR NO X X X (3) If the State submits to the Administrator by April 1, 2017 and the Administrator does not approve by October 1, 2017 such complete SIP revision, the Administrator will record by October 1, 2017 in each CSAPR NO X X X (c) By July 1, 2018, the Administrator will record in each CSAPR NO X X X X X (d) By July 1, 2019, the Administrator will record in each CSAPR NO X X X X X (e)(1) By July 1, 2020, the Administrator will record in each CSAPR NO X X X X X (2) After the Administrator has carried out the procedures in § 97.811(d), for sources in a State listed in § 52.38(b)(2)(iii)(D)( 1 X X X (3) After the Administrator has carried out the procedures in § 97.811(d), for sources in a State listed in § 52.38(b)(2)(iii)(D)( 4 X X X (i) The quantity of CSAPR NO X (ii) The quantity of CSAPR NO X (iii) The quantity of CSAPR NO X (iv) The quantity of CSAPR NO X (v) The quantity of CSAPR NO X (4) After the Administrator has carried out the procedures in § 97.811(e), for sources in a State listed in § 52.38(b)(2)(iii)(D)( 5 X X X (f) By July 1, 2024, or, for sources in a State listed in § 52.38(b)(2)(iii)(D)( 4 5 X X X X X (g)(1) By August 1 of each year from 2017 through 2020, the Administrator will record in each CSAPR NO X X X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (h)(1) By August 1 of each year from 2017 through 2020, the Administrator will record in each CSAPR NO X X X (2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X (i) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO X X X (j) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO X X X (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO X (l) When recording the allocation or auction of CSAPR NO X X X X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23204, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022; 88 FR 49307, July 31, 2023; 88 FR 67108, Sept. 29, 2023; 89 FR 87973, Nov. 6, 2024] § 97.822 Submission of CSAPR NO X (a) An authorized account representative seeking recordation of a CSAPR NO X (b) A CSAPR NO X (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR NO X (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO X § 97.823 Recordation of CSAPR NO X (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO X X X (b) A CSAPR NO X X (c) Where a CSAPR NO X (d) Within 5 business days of recordation of a CSAPR NO X (e) Within 10 business days of receipt of a CSAPR NO X (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. § 97.824 Compliance with CSAPR NO X (a) Availability for deduction for compliance. X X X (1) Were allocated or auctioned for such control period or a control period in a prior year; (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period; (3) Are CSAPR NO X X 1 (4) Are CSAPR NO X X 1 (b) Deductions for compliance. X X X (1) Until the amount of CSAPR NO X X X (2) If there are insufficient CSAPR NO X X (c) Selection of CSAPR NO X Ozone Season Group 2 allowances for deduction Identification by serial number. X X (2) First-in, first-out. X X (i) Any CSAPR NO X (ii) Any other CSAPR NO X (d) Deductions for excess emissions. X X (1) The allowances deducted shall be CSAPR NO X 1 (2) The allowances deducted shall be CSAPR NO X 1 (e) Recordation of deductions. [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23204, Apr. 30, 2021; 88 FR 49307, July 31, 2023; 88 FR 67108, Sept. 29, 2023; 89 FR 87974, Nov. 6, 2024] § 97.825 Compliance with CSAPR NO X (a) Availability for deduction. X X X X (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO X (3) Are CSAPR NO X X 1 (4) Are CSAPR NO X X 1 (b) Deductions for compliance. X X (1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total NO X X X X (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO X (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO X X X X X (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO X X (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.806(c)(2)(iii), §§ 97.806(b) and 97.830 through 97.835, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.802, and the calculation formula in § 97.806(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO X X X X (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO X X X (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.823, of CSAPR NO X X X X (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO X (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO X X X (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO X X X (A) Where the amount of CSAPR NO X X X X X (B) For the owners and operators for which the amount of CSAPR NO X X X X X X X X (C) Each CSAPR NO X X X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23205, Apr. 30, 2021; 88 FR 36903, June 5, 2023; 88 FR 49307, July 31, 2023; 88 FR 67108, Sept. 29, 2023] § 97.826 Banking and conversion. (a) A CSAPR NO X (b) Any CSAPR NO X X (c) At any time after the allowance transfer deadline for the last control period for which a State NO X X (d) Notwithstanding any other provision of this subpart, part 52 of this chapter, or any SIP revision approved under § 52.38(b)(8) or (9) of this chapter: (1) By August 13, 2021, the Administrator will temporarily suspend acceptance of CSAPR NO X (i) The Administrator will determine each of the following values: (A) The total amount of CSAPR NO X X (B) The total tons of NO X X X (C) The full-season CSAPR NO X (D) A conversion factor, computed as the quotient, rounded down to the nearest whole number, of the remainder of the total amount of CSAPR NO X X X (E) The adjusted CSAPR NO X X (ii) The Administrator will allocate CSAPR NO X (A) The Administrator will determine for each such source the source's maximum share, computed as the quotient, rounded down to the nearest whole number, of the amount of CSAPR NO X (B) The Administrator will determine a source allocation scaling factor, computed as the lesser of 1.0000 or the quotient, expressed to four decimal places, of the adjusted CSAPR NO X (C) The Administrator will allocate to each such source an amount of CSAPR NO X (iii) If the sum for all sources of the allocations under paragraph (d)(1)(ii)(C) of this section is less than the adjusted CSAPR NO X X (A) The Administrator will determine for each general account the account's maximum share, computed as the quotient, rounded down to the nearest whole number, of the amount of CSAPR NO X (B) The Administrator will determine a general account allocation scaling factor, computed as the lesser of 1.0000 or the quotient, expressed to four decimal places, of the remainder of the adjusted CSAPR NO X (C) The Administrator will allocate to each general account an amount of CSAPR NO X (iv) For the compliance account of each source, and for each general account, to which an amount of CSAPR NO X (A) The Administrator will determine the amount of CSAPR NO X X X (B) The Administrator will record in the account the allocations of CSAPR NO X X (2)(i) During the period beginning February 1, 2022 and ending February 28, 2022, the designated representative for a source in a State listed in § 52.38(b)(2)(iii)(A) of this chapter (and Indian country within the borders of such a State) may request that the Administrator allocate additional CSAPR NO X [email protected]. (ii) For each source covered by a request under paragraph (d)(2)(i) of this section, as soon as practicable on or after March 1, 2022, the Administrator will deduct from the source's compliance account, on a first-in, first-out basis in the order set forth in § 97.824(c)(2)(i) and (ii), the maximum number of sets of 18 CSAPR NO X X X (3) [Reserved] (e) Notwithstanding any other provision of this subpart, part 52 of this chapter, or any SIP revision approved under § 52.38(b)(8) or (9) of this chapter: (1) By September 18, 2023, the Administrator will temporarily suspend acceptance of CSAPR NO X X 1 3 (i) The Administrator will deduct all CSAPR NO X (ii) The Administrator will determine a conversion factor equal to the greater of 1.0000 or the quotient, expressed to four decimal places, of— (A) The sum of all CSAPR NO X (B) The product of the sum of the trading budgets for the control period in 2024 under § 97.1010(a)(1)(i) for all States listed in § 52.38(b)(2)(iii)(B) and (C) of this chapter and not listed in § 52.38(b)(2)(iii)(D)( 2 3 (iii) The Administrator will allocate and record in each such account an amount of CSAPR NO X X (iv) Where, pursuant to paragraph (e)(1)(i) of this section, the Administrator deducts CSAPR NO X X X X (v)(A) In computing any amounts of CSAPR NO X (B) Following a computation for a group of general accounts in accordance with paragraph (e)(1)(v)(A) of this section, the Administrator will allocate to and record in each individual account in such group a proportional share of the quantity of CSAPR NO X X (C) In determining the proportional shares under paragraph (e)(1)(v)(B) of this section, the Administrator may employ any reasonable adjustment methodology to truncate or round each such share up or down to a whole number and to cause the total of such whole numbers to equal the amount of CSAPR NO X X (2) [Reserved] (f) Notwithstanding any other provision of this subpart or any SIP revision approved under § 52.38(b)(8) or (9) of this chapter, CSAPR NO X X X X X (1)(i) Except as provided in paragraph (f)(1)(ii) of this section, after the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and before November 6, 2024, the owner or operator of a CSAPR NO X X X X (ii) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and § 97.1026(e)(1) and before November 6, 2024, the owner or operator of a CSAPR NO X 1 X X X (2) After the Administrator has carried out the procedures set forth in paragraph (e)(1) of this section and before November 6, 2024, the owner or operator of a CSAPR NO X 2 X X X (3) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X X (4) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X (5) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23205, Apr. 30, 2021; 88 FR 36903, June 5, 2023; 88 FR 49307, July 31, 2023; 88 FR 67108, Sept. 29, 2023; 89 FR 87974, Nov. 6, 2024] § 97.827 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.828 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO X (b) The Administrator may deduct CSAPR NO X X § 97.829 [Reserved] § 97.830 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO X 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 § 97.831 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. X (1)(i) May 1, 2017, for a unit other than a unit described in paragraph (b)(1)(ii) or (iii) of this section; (ii) May 1, 2023, for a unit in a State listed in § 52.38(b)(2)(iii)(D)( 1 (iii) May 1, 2024, for a unit in a State listed in § 52.38(b)(2)(iii)(D)( 4 5 (2) 180 calendar days after the date on which the unit commences commercial operation; or (3) Where data for the unit are reported on a control period basis under § 97.834(d)(1)(ii)(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section. (4) The owner or operator of a CSAPR NO X X (i) Such requirements shall apply to the monitoring systems required under § 97.830 through § 97.835, rather than the monitoring systems required under part 75 of this chapter; (ii) NO X X 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.835, rather than § 75.66 of this chapter. (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CSAPR NO X X X (3) No owner or operator of a CSAPR NO X X (4) No owner or operator of a CSAPR NO X (i) During the period that the unit is covered by an exemption under § 97.805 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 Administrator 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 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 § 97.831(d)(3)(i). (e) Long-term cold storage. X [81 FR 74621, Oct. 26, 2016, as amended at 88 FR, 49308 July 31, 2023; 89 FR 87975, Nov. 6, 2024] § 97.831 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B, D, and 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 § 97.830(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [81 FR 74621, Oct. 26, 2016, as amended at 86 FR 23207, Apr. 30, 2021] § 97.832 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. § 97.833 Notifications concerning monitoring. The designated representative of a CSAPR NO X § 97.834 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. X (c) Certification applications. (d) Quarterly reports. (1)(i) If a CSAPR NO X X X X (ii) If a CSAPR NO X X (A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO X (B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO X (2) The designated representative shall report the NO X X (i)(A) The calendar quarter covering May 1, 2017, through June 30, 2017, for a unit other than a unit described in paragraph (d)(2)(i)(B) or (C) of this section; (B) The calendar quarter covering May 1, 2023, through June 30, 2023, for a unit in a State listed in § 52.38(b)(2)(iii)(D)( 1 (C) The calendar quarter covering May 1, 2024, through June 30, 2024, for a unit in a State listed in § 52.38(b)(2)(iii)(D)( 4 5 (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.830(b); or (iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section. (3) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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. (4) For CSAPR NO X X 2 2 X (5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section. (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)(1)(ii)(B) of this section, the NO X X X [81 FR 74621, Oct. 26, 2016, as amended at 88 FR 49308, July 31, 2023; 89 FR 87975, Nov. 6, 2024] § 97.835 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR NO X (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. Subpart FFFFF—Texas SO 2 Source: 82 FR 48364, Oct. 17, 2017, unless otherwise noted. § 97.901 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Texas SO 2 § 97.902 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows: Acid Rain Program 2 X Administrator Allocate allocation 2 2 2 Allowance Management System 2 2 Allowance Management System account 2 Allowance transfer deadline 2 2 2 Alternate designated representative 2 2 2 2 X X Assurance account 2 2 2 Authorized account representative 2 2 Automated data acquisition and handling system DAHS Business day Clean Air Act et seq. Coal Commence commercial operation 2 Common designated representative 2 Common designated representative's assurance level (1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of Texas SO 2 2 2 2 2 (2) Provided that, in the case of a Texas SO 2 2 2 Common designated representative's share 2 2 2 2 Common stack Compliance account 2 2 2 2 2 Continuous emission monitoring system CEMS 2 2 2 (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 SO 2 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 CO 2 2 2 2 2 2 (5) An O 2 2 2 2 Control period CSAPR NO X Ozone Season Group 2 Trading Program X X. CSAPR NO X Ozone Season Group 3 Trading Program X X. Designated representative 2 2 2 2 X X Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions 2 2 2 Fossil fuel Fossil-fuel-fired General account Generator Heat input Heat input rate Indian country 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. Monitoring system Nameplate capacity Natural gas Natural person i.e., i.e., Nitrogen oxides 2 2 Operate operation Operator 2 2 2 2 Owner 2 2 (1) Any holder of any portion of the legal or equitable title in a Texas SO 2 2 (2) Any holder of a leasehold interest in a Texas SO 2 2 2 (3) Any purchaser of power from a Texas SO 2 2 Permanently retired Permitting authority Receive receipt of Recordation, record, recorded 2 2 Reference method Replacement, replace, replaced Serial number 2 2 Source State Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Texas SO 2 Trading Program 2 2 Texas SO 2 Trading Program allowance 2 2 Texas SO 2 Trading Program allowance deduction deduct Texas SO 2 Trading Program allowances 2 e. g., 2 e. g., Texas SO 2 Trading Program allowances held hold Texas SO 2 Trading Program allowances 2 (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, Texas SO 2 (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, Texas SO 2 Texas SO 2 Trading Program emissions limitation 2 2 2 Texas SO 2 Trading Program source 2 Texas SO 2 Trading Program unit 2 Unit Unit operating day Unit operating hour or hour of unit operation [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49214, Aug. 12, 2020; 86 FR 23207, Apr. 30, 2021; 88 FR 36904, June 5, 2023] § 97.903 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: BART—best available retrofit technology Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour lb—pound mmBtu—million Btu MWe—megawatt electrical NO X O 2 ppm—parts per million scfh—standard cubic feet per hour SIP—State implementation plan SO 2 § 97.904 Applicability. (a) Each of the units in Texas listed in the table in § 97.911(a)(1) shall be a Texas SO 2 2 (b) [Reserved] [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49215, Aug. 12, 2020] § 97.905 Retired unit exemptions. (a)(1) Any Texas SO 2 (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the Texas SO 2 (b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO 2, (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the Texas SO 2 (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. A retired unit that resumes operation will not receive an allowance allocation under § 97.911. The unit may receive allowances from the Supplemental Allowance Pool pursuant to § 97.912. All other provisions of Subpart FFFFF regarding monitoring, reporting, recordkeeping and compliance will apply on the first date on which the unit resumes operation. [82 FR 48364, Oct. 17, 2017, as amended at 86 FR 23207, Apr. 30, 2021] § 97.906 General provisions. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. 2 2 (2) The emissions data determined in accordance with §§ 97.930 through 97.935 shall be used to calculate allocations of Texas SO 2 2 (c) SO 2 emissions requirements Texas SO 2 Trading Program emissions limitation. 2 2 2 2 2 (ii) If total SO 2 2 2 2 (A) The owners and operators of the source and each Texas SO 2 2 (B) The owners and operators of the source and each Texas SO 2 (2) Texas SO 2 Trading Program assurance provisions. 2 2 2 2 2 (A) The quotient of the amount by which the common designated representative's share of such SO 2 2 (B) The amount by which total SO 2 2 2 (ii) The owners and operators shall hold the Texas SO 2 (iii) Total SO 2 2 2 2 2 (iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO 2 2 2 2 2 2 (v) To the extent the owners and operators fail to hold Texas SO 2 (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each Texas SO 2 (3) Compliance periods. 2 (ii) A Texas SO 2 (4) Vintage of Texas SO 2 Trading Program allowances held for compliance. 2 2 (ii) A Texas SO 2 2 (5) Allowance Management System requirements. 2 (6) Limited authorization. 2 2 (i) Such authorization shall only be used in accordance with the Texas SO 2 (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. 2 (d) Title V permit requirements. 2 (2) A description of whether a unit is required to monitor and report SO 2 (e) Additional recordkeeping and reporting requirements. 2 2 (i) The certificate of representation under § 97.916 for the designated representative for the source and each Texas SO 2 (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the Texas SO 2 (2) The designated representative of a Texas SO 2 2 2 (f) Liability. 2 2 2 2 (2) Any provision of the Texas SO 2 2 2 (g) Effect on other authorities. 2 2 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49215, Aug. 12, 2020] § 97.907 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the Texas SO 2 (b) Unless otherwise stated, any time period scheduled, under the Texas SO 2 (c) Unless otherwise stated, if the final day of any time period, under the Texas SO 2 § 97.908 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the Texas SO 2 § 97.909 [Reserved] § 97.910 Texas SO 2 (a) The budgets for the Texas SO 2 (1) The Texas SO 2 (2) The Texas SO 2 (b) The variability limit for the Texas SO 2 (c) The Texas SO 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49215, Aug. 12, 2020] § 97.911 Texas SO 2 (a) Allocations from the Texas SO 2 Trading Program budget. 2 2 Table 1 to Paragraph ( a 2 Texas SO 2 ORIS code Texas SO 2 Affiliated Big Brown Unit 1 3497 8,473 Vistra. Big Brown Unit 2 3497 8,559 Vistra. Coleto Creek Unit 1 6178 9,057 Vistra. Fayette (Sam Seymour) Unit 1 6179 7,979 Lower Colorado River Authority/City of Austin. Fayette (Sam Seymour) Unit 2 6179 8,019 Lower Colorado River Authority/City of Austin. Graham Unit 2 3490 226 Vistra. HW Pirkey Unit 1 7902 8,882 American Electric Power. Harrington Unit 061B 6193 5,361 Xcel Energy. Harrington Unit 062B 6193 5,255 Xcel Energy. Harrington Unit 063B 6193 5,055 Xcel Energy. JT Deely Unit 1 6181 6,170 City of San Antonio. JT Deely Unit 2 6181 6,082 City of San Antonio. Limestone Unit 1 298 12,081 NRG Energy. Limestone Unit 2 298 12,293 NRG Energy. Martin Lake Unit 1 6146 12,024 Vistra. Martin Lake Unit 2 6146 11,580 Vistra. Martin Lake Unit 3 6146 12,236 Vistra. Monticello Unit 1 6147 8,598 Vistra. Monticello Unit 2 6147 8,795 Vistra. Monticello Unit 3 6147 12,216 Vistra. Newman Unit 2 3456 1 El Paso Electric. Newman Unit 3 3456 1 El Paso Electric. Newman Unit **4 3456 2 El Paso Electric. Newman Unit **5 3456 2 El Paso Electric. Sandow Unit 4 6648 8,370 Vistra. Sommers Unit 1 3611 55 City of San Antonio. Sommers Unit 2 3611 7 City of San Antonio. Stryker Unit ST2 3504 145 Vistra. Tolk Unit 171B 6194 6,900 Xcel Energy. Tolk Unit 172B 6194 7,062 Xcel Energy. WA Parish Unit WAP4 3470 3 NRG Energy. WA Parish Unit WAP5 3470 9,580 NRG Energy. WA Parish Unit WAP6 3470 8,900 NRG Energy. WA Parish Unit WAP7 3470 7,653 NRG Energy. Welsh Unit 1 6139 6,496 American Electric Power. Welsh Unit 2 6139 7,050 American Electric Power. Welsh Unit 3 6139 7,208 American Electric Power. Wilkes Unit 1 3478 14 American Electric Power. Wilkes Unit 2 3478 2 American Electric Power. Wilkes Unit 3 3478 3 American Electric Power. (2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation pursuant to the table in paragraph (a)(1) of this section does not operate, starting after 2018, during the control period in two consecutive years, such unit will not be allocated the Texas SO 2 2 (b) [Reserved] (c) Units incorrectly allocated Texas SO 2 Trading Program allowances. 2 (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such Texas SO 2 (3) If the Administrator already recorded such Texas SO 2 2 2 2 2 (4) If the Administrator already recorded such Texas SO 2 2 (5) With regard to the Texas SO 2 2 [82 FR 48364, Oct. 17, 2017, as amended at 82 FR 50580, Nov. 1, 2017; 85 FR 49216, Aug. 12, 2020; 86 FR 23207, Apr. 30, 2021] § 97.912 Texas SO 2 (a) For the control periods in 2019 and 2020, the Administrator will allocate Texas SO 2 2 (1) No later than February 15, 2020 and February 15, 2021, the Administrator will review all the quarterly SO 2 2 2 (2) For each Texas SO 2 (3)(i) For Coleto Creek (ORIS 6178), if the source is identified under paragraph (a)(1) of this section, the Administrator will allocate and record in the source's compliance account an amount of allowances from the Supplemental Allowance Pool equal to the lesser of the amount calculated for the source under paragraph (a)(2) of this section or the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section. (ii) For any Texas SO 2 (A) If the total for all such sources of the amounts calculated under paragraph (a)(2) of this section is less than or equal to the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section, then the Administrator will allocate and record in the compliance account for each such source an amount of allowances from the Supplemental Allowance Pool equal to the amount calculated for the source under paragraph (a)(2) of this section. (B) If the total for all such sources of the amounts calculated under paragraph (a)(2) of this section is greater than the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section, then the Administrator will calculate each such source's allocation of allowances from the Supplemental Allowance Pool by dividing the amount calculated under paragraph (a)(2) of this section for the source by the sum of the amounts calculated under paragraph (a)(2) of this section for all such sources, then multiplying by the number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section and rounding to the nearest allowance. The Administrator will adjust the sources' allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the sources' allocations to equal the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section. The Administrator will then record the calculated allocations of allowances in the applicable compliance accounts. (iii) Any unallocated allowances remaining in the Supplemental Allowance Pool after the allocations determined under paragraphs (a)(3)(i) and (ii) of this section will be maintained in the Supplemental Allowance Pool. These allowances will be available for allocation by the Administrator in subsequent control periods to the extent consistent with paragraph (d) of this section. (b) For each control period in 2021 and thereafter, the Administrator will allocate Texas SO 2 2 (1) For each control period, the Administrator will assign each Texas SO 2 (2) No later than May 1, 2022 and May 1 of each year thereafter, the Administrator will review all the quarterly SO 2 2 2 (3) For each affiliated ownership group of Texas SO 2 (4)(i) The Administrator will allocate and record allowances from the Supplemental Allowance Pool as follows: (A) If the total for all such affiliated ownership groups of the amounts calculated under paragraph (b)(3) of this section is less than or equal to the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section, then each such group's allocation of allowances from the Supplemental Allowance Pool shall equal to the amount calculated for the group under paragraph (b)(3) of this section. (B) If the total for all such affiliated ownership groups of the amounts calculated under paragraph (b)(3) of this section is greater than the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section, then the Administrator will calculate each such group's allocation of allowances from the Supplemental Allowance Pool by dividing the amount calculated under paragraph (b)(3) of this section for the group by the sum of the amounts calculated under paragraph (b)(3) of this section for all such groups, then multiplying by the number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section and rounding to the nearest allowance. The Administrator will adjust the groups' allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the groups' allocations to equal the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section. (C) When an affiliated ownership group receives an allocation of allowances under paragraph (b)(4)(i)(A) or (B) of this section, each source in the group whose emissions during the control period for which allowances are being allocated exceed the amount of allowances allocated to the source under § 97.911 and recorded under § 97.921 will receive a share of the group's allocation. The Administrator will compute each such source's share by dividing the amount of the source's emissions during the control period exceeding the source's allocation under § 97.911 by the sum for all such sources of the amounts of the sources' emissions during the control period exceeding the sources' allocations under § 97.911, then multiplying by the group's allocation under paragraph (b)(4)(i)(A) or (B) of this section and rounding to the nearest allowance. The Administrator will adjust the sources' allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the sources' allocations to equal the group's allocation. The Administrator will then record the calculated allocations of allowances in the applicable sources' compliance accounts. (ii) Any unallocated allowances remaining in the Supplemental Allowance Pool after the allocations determined under paragraph (b)(4)(i) of this section will be maintained in the Supplemental Allowance Pool. These allowances will be available for allocation by the Administrator in subsequent control periods to the extent consistent with paragraph (d) of this section. (c) The Administrator will notify the designated representative of each Texas SO 2 (d) The total amount of allowances in the Supplemental Allowance Pool available for allocation for a control period is equal to the sum of the Supplemental Allowance Pool budget under § 97.910(a)(2), any allowances from retired units pursuant to § 97.911(a)(2) and from corrections pursuant to § 97.911(c)(5), and any allowances maintained in the Supplemental Allowance Pool pursuant to paragraph (a)(3)(iii) or (b)(4)(ii) of this section, provided that if the number of allowances in the Supplemental Allowance Pool exceeds the applicable limit for the control period under paragraph (d)(1) or (d)(2) of this section, then the Administrator may only allocate allowances up to such applicable limit. (1) For the control periods in 2019 and 2020, the total amount of allowances allocated from the Supplemental Allowance Pool for a control period may not exceed by more than 44,711 tons the sum of the Supplemental Allowance Pool budget under § 97.910(a)(2) and any portion of the Texas SO 2 (2) For each control period in 2021 and thereafter, the total amount of allowances allocated from the Supplemental Allowance Pool for a control period may not exceed the sum of the variability limit under § 97.910(b) and any portion of the Texas SO 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49216, Aug. 12, 2020; 86 FR 23208, Apr. 30, 2021] § 97.913 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.915, each Texas SO 2 2 2 (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all Texas SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.916: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each Texas SO 2 2 (ii) The owners and operators of the source and each Texas SO 2 (b) Except as provided under § 97.915, each Texas SO 2 (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all Texas SO 2 (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.916, (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each Texas SO 2 (c) Except in this section, § 97.902, and §§ 97.914 through 97.918, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49218, Aug. 12, 2020] § 97.914 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.918 concerning delegation of authority to make submissions, each submission under the Texas SO 2 2 2 (b) The Administrator will accept or act on a submission made for a Texas SO 2 2 § 97.915 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. 2 2 (b) Changing alternate designated representative. 2 2 (c) Changes in owners and operators. 2 2 (2) Within 30 days after any change in the owners and operators of a Texas SO 2 2 (d) Changes in units at the source. 2 (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49218, Aug. 12, 2020] § 97.916 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the Texas SO 2 2 (2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the Texas SO 2 2 (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each Texas SO 2 (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the Texas SO 2 2 (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a Texas SO 2 2 2 2 2 2 2 2 (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. § 97.917 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.916 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.916 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the Texas SO 2 (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of Texas SO 2 § 97.918 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative; (2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.918(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 97.918(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.918 is terminated.” (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. § 97.919 [Reserved] § 97.920 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. 2 (b) Assurance accounts. (c) General accounts Application for general account. 2 (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to Texas SO 2 (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the Texas SO 2 (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to Texas SO 2 2 (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to Texas SO 2 2 (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to Texas SO 2 (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to Texas SO 2 2 (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. 2 (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the Texas SO 2 (iii)(A) In the event a person having an ownership interest with respect to Texas SO 2 (B) Within 30 days after any change in the persons having an ownership interest with respect to Texas SO 2 2 (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the Texas SO 2 (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of Texas SO 2 (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative; (B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.920(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.920(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.920(c)(5) is terminated.” (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (6) Closing a general account. 2 2 (ii) If a general account has no Texas SO 2 2 2 (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49218, Aug. 12, 2020; 86 FR 23208, Apr. 30, 2021] § 97.921 Recordation of Texas SO 2 (a) By November 1, 2018, the Administrator will record in each Texas SO 2 2 2 (b)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each Texas SO 2 2 2 (2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each Texas SO 2 2 2 (c) By February 15 of 2020 and 2021 and May 1 of each year thereafter, the Administrator will record in each Texas SO 2 2 (d) [Reserved] (e) When recording the allocation of Texas SO 2 2 2 2 (f) Notwithstanding paragraphs (a) and (b) of this section, with respect to the Texas SO 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49218, Aug. 12, 2020; 86 FR 23208, Apr. 30, 2021; 87 FR 52481, Aug. 26, 2022] § 97.922 Submission of Texas SO 2 (a) An authorized account representative seeking recordation of a Texas SO 2 (b) A Texas SO 2 (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each Texas SO 2 (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each Texas SO 2 § 97.923 Recordation of Texas SO 2 (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a Texas SO 2 2 2 (b) A Texas SO 2 2 (c) Where a Texas SO 2 (d) Within 5 business days of recordation of a Texas SO 2 (e) Within 10 business days of receipt of a Texas SO 2 (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. § 97.924 Compliance with Texas SO 2 (a) Availability for deduction for compliance. 2 2 2 (1) Were allocated for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. 2 2 2 (1) Until the amount of Texas SO 2 2 2 (2) If there are insufficient Texas SO 2 2 (c) Selection of Texas SO 2 Trading Program allowances for deduction Identification by serial number. 2 2 (2) First-in, first-out. 2 2 (i) Any Texas SO 2 (ii) Any other Texas SO 2 (d) Deductions for excess emissions. 2 2 (e) Recordation of deductions. [82 FR 48364, Oct. 17, 2017, as amended at 86 FR 23208, Apr. 30, 2021] § 97.925 Compliance with Texas SO 2 (a) Availability for deduction. 2 2 2 2 (1) Were allocated for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of Texas SO 2 (b) Deductions for compliance. 2 2 (1) By August 1, 2022 and August 1 of each year thereafter, the Administrator will: (i) Calculate the total SO 2 2 2 2 (ii) If the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO 2 (A) Calculate, for such control period and each common designated representative for such control period for a group of one or more Texas SO 2 2 2 2 2 (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO 2 2 (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.906(c)(2)(iii), §§ 97.906(b) and 97.930 through 97.935, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.902, and the calculation formula in § 97.906(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) The Administrator will establish one assurance account for each set of owners and operators referenced, in each notice of data availability required under paragraph (b)(2)(ii) of this section, as all of the owners and operators of a group of Texas SO 2 2 (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate Texas SO 2 2 2 (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.923, of Texas SO 2 2 2 2 (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of Texas SO 2 (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of Texas SO 2 2 2 (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of Texas SO 2 2 2 (A) Where the amount of Texas SO 2 2 2 2 2 (B) For the owners and operators for which the amount of Texas SO 2 2 2 2 2 2 2 2 (C) Each Texas SO 2 2 2 [85 FR 49218, Aug. 12, 2020, as amended at 86 FR 23208, Apr. 30, 2021] § 97.926 Banking. (a) A Texas SO 2 (b) Any Texas SO 2 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49220, Aug. 12, 2020] § 97.927 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.928 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the Texas SO 2 (b) The Administrator may deduct Texas SO 2 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49220, Aug. 12, 2020] § 97.929 [Reserved] § 97.930 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a Texas 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 § 97.931 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. 2 (1) [Reserved] (2) [Reserved] (3) The owner or operator of a Texas SO 2 2 (i) Such requirements shall apply to the monitoring systems required under § 97.930 through § 97.935, rather than the monitoring systems required under part 75 of this chapter; (ii) SO 2 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.935, rather than § 75.66 of this chapter. (c) Reporting data. 2 2 2 (d) Prohibitions. 2 (2) No owner or operator of a Texas SO 2 2 2 (3) No owner or operator of a Texas SO 2 2 (4) No owner or operator of a Texas SO 2 (i) During the period that the unit is covered by an exemption under § 97.905 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 Administrator 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 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 § 97.931(d)(3)(i). (e) Long-term cold storage. 2 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49220, Aug. 12, 2020] § 97.931 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a Texas 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 appendices B and 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 § 97.930(a)(1) that is 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 Texas 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49220, Aug. 12, 2020] § 97.932 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. [82 FR 48364, Oct. 17, 2017, as amended at 86 FR 23208, Apr. 30, 2021] § 97.933 Notifications concerning monitoring. The designated representative of a Texas SO 2 § 97.934 Recordkeeping and reporting. (a) General provisions. 2 (b) Monitoring plans. 2 (c) Certification applications. (d) Quarterly reports. (1) The designated representative shall report the SO 2 2 (2) The designated representative shall submit each quarterly report to the Administrator within 30 days after 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 Texas SO 2 X X 2 (4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section. (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 [82 FR 48364, Oct. 17, 2017, as amended at 85 FR 49220, Aug. 12, 2020; 88 FR 36904, June 5, 2023] § 97.935 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a Texas SO 2 (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. Subpart GGGGG—CSAPR NO X Source: 86 FR 23208, Apr. 30, 2021, unless otherwise noted. § 97.1001 Purpose. This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO X § 97.1002 Definitions. The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”: Acid Rain Program 2 X Administrator Allocate allocation X X (1) A CSAPR NO X (2) A new unit set-aside; (3) An Indian country new unit set-aside; (4) An Indian country existing unit set-aside; or (5) An entity not listed in paragraphs (1) through (4) of this definition; (6) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO X X X i.e., X Allowance Management System X X Allowance Management System account X Allowance transfer deadline X X X Alternate designated representative X X X X X 2 2 Assurance account X X X Auction X X Authorized account representative X X Automated data acquisition and handling system DAHS Backstop daily NO X emissions rate X X X 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 material that is nonmerchantable for other purposes, 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 unit Business day Certifying official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or (3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official. Clean Air Act et seq. Coal Coal-derived fuel Cogeneration system Cogeneration unit (1) Operating as part of a cogeneration system; and (2) Producing on an annual average basis— (i) For a topping-cycle 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 than 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; or (ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input; (3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all; (4) 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; and (5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year. Combustion turbine (1) If the device is simple cycle, 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 device is combined cycle, the equipment described in paragraph (1) of this definition and 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 § 97.1005. (i) For a unit that is a CSAPR NO X (ii) For a unit that is a CSAPR NO X (2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.1005, for a unit that is not a CSAPR NO X X (i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or 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 the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit's date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate. Common designated representative X Common designated representative's assurance level (1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO X X X X X X X X (2) Provided that the allocations of CSAPR NO X X Common designated representative's share X X X X Common stack Compliance account X X X X X Continuous emission monitoring system CEMS X 2 2 (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 NO X X X (3) A NO X 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 CO 2 2 2 2 2 2 (6) An O 2 2 2 2 Control period CSAPR NO X Annual Trading Program X X. CSAPR NO X Ozone Season Expanded Group 2 allowance X 1 CSAPR NO X Ozone Season Group 1 Trading Program X X CSAPR NO X Ozone Season Group 2 allowance X X X X X CSAPR NO X Ozone Season Group 2 Trading Program X X. CSAPR NO X Ozone Season Group 3 allowance X X CSAPR NO X Ozone Season Group 3 allowance deduction deduct CSAPR NO X Ozone Season Group 3 allowances X e.g., X e.g., CSAPR NO X Ozone Season Group 3 allowances held hold CSAPR NO X Ozone Season Group 3 allowances X (1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO X (2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO X CSAPR NO X Ozone Season Group 3 primary emissions limitation X X X CSAPR NO X Ozone Season Group 3 secondary emissions limitation X X CSAPR NO X Ozone Season Group 3 source X CSAPR NO X Ozone Season Group 3 Trading Program X X. CSAPR NO X Ozone Season Group 3 unit X CSAPR NO X Ozone Season Original Group 2 allowance X X CSAPR SO 2 Group 1 Trading Program 2 2 CSAPR SO 2 Group 2 Trading Program 2 2 Designated representative X X X X X 2 2 Emissions (1) In accordance with this subpart; and (2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter. Excess emissions X X X Fossil fuel (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or (2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.1004(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat. Fossil-fuel-fired General account Generator Heat input Heat input rate Historical control period X Indian country 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 rate Monitoring system Nameplate capacity Natural gas Newly affected CSAPR NO X Ozone Season Group 3 unit X X Nitrogen oxides 2 2 Operate operation Operator X X X X Owner X X (1) Any holder of any portion of the legal or equitable title in a CSAPR NO X X (2) Any holder of a leasehold interest in a CSAPR NO X X X (3) Any purchaser of power from a CSAPR NO X X Permanently retired Permitting authority Potential electrical output capacity Receive receipt of Recordation, record, recorded X X Reference method Replacement, replace, replaced Sequential use of energy (1) The use of reject heat from electricity production in a useful thermal energy application or process; or (2) The use of reject heat from a useful thermal energy application or process in electricity production. Serial number X X Solid waste incineration unit Source State X Submit serve (1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery; (4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt. Topping-cycle unit Total energy input LHV = HHV−10.55(W + 9H) Where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. 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 [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36904, June 5, 2023; 88 FR 49308, July 31, 2023; 89 FR 87975, Nov. 6, 2024] § 97.1003 Measurements, abbreviations, and acronyms. Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 CSAPR—Cross-State Air Pollution Rule H 2 hr—hour 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 SIP—State implementation plan SO 2 TR—Transport Rule yr—year § 97.1004 Applicability. (a) Except as provided in paragraph (b) of this section: (1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO X X (2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO X X (b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO X X (1)(i) Any unit: (A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit's potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO X X X (2)(i) Any unit: (A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and (B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis). (ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO X X X (c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(11) or (12) of this chapter, of the CSAPR NO X (1) Petition content. (2) Response. X § 97.1005 Retired unit exemption. (a)(1) Any CSAPR NO X (2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO X (b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO X (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 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 designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO X (4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. § 97.1006 Standard requirements. (a) Designated representative requirements. (b) Emissions monitoring, reporting, and recordkeeping requirements. X X (2) The emissions and heat input data determined in accordance with §§ 97.1030 through 97.1035 shall be used to calculate allocations of CSAPR NO X X (c) NO X emissions requirements CSAPR NO X Ozone Season Group 3 primary and secondary emissions limitations Primary emissions limitation. X X X (A) The tons of total NO X X (B) Two times the excess, if any, over 50 tons of the sum, for all CSAPR NO X X X X (ii) Exceedances of primary emissions limitation. X X X X (A) The owners and operators of the source and each CSAPR NO X X (B) The owners and operators of the source and each CSAPR NO X (iii) Secondary emissions limitation. X X (iv) Exceedances of secondary emissions limitation. X X X (2) CSAPR NO X Ozone Season Group 3 assurance provisions. X X X X X (A) The quotient of the amount by which the common designated representative's share of such NO X X (B) The amount by which total NO X X X (ii) The owners and operators shall hold the CSAPR NO X (iii) Total NO X X X X X (iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO X X X X X X (v) To the extent the owners and operators fail to hold CSAPR NO X (A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and (B) Each CSAPR NO X (3) Compliance periods. X (A) May 1, 2021, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(A) of this chapter; (B) May 1, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(B) of this chapter; or (C) August 4, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(C) of this chapter. (ii) A CSAPR NO X (4) Vintage of CSAPR NO X Ozone Season Group 3 allowances held for compliance. X X (ii) A CSAPR NO X X (5) Allowance Management System requirements. X (6) Limited authorization. X X (i) Such authorization shall only be used in accordance with the CSAPR NO X (ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act. (7) Property right. X (d) Title V permit requirements. X (2) A description of whether a unit is required to monitor and report NO X (e) Additional recordkeeping and reporting requirements. X X (i) The certificate of representation under § 97.1016 for the designated representative for the source and each CSAPR NO X (ii) All emissions monitoring information, in accordance with this subpart. (iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO X (2) The designated representative of a CSAPR NO X X X (f) Liability. X X X X (2) Any provision of the CSAPR NO X X X (g) Effect on other authorities. X X X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36905, June 5, 2023] § 97.1007 Computation of time. (a) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (b) Unless otherwise stated, any time period scheduled, under the CSAPR NO X (c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO X § 97.1008 Administrative appeal procedures. The administrative appeal procedures for decisions of the Administrator under the CSAPR NO X § 97.1009 [Reserved] § 97.1010 State NO X (a) State NO X Ozone Season Group 3 trading budgets. X X Table 1 to Paragraph (a)(1)(i) X [Tons] State 2021 2022 Portion of 2023 control period before August 4, 2023, before prorating Portion of 2023 control period on and after August 4, 2023, before prorating 2024 2025 Alabama 13,211 6,379 6,489 6,489 Arkansas 9,210 8,927 8,927 8,927 Illinois 11,223 9,102 8,179 7,474 7,325 7,325 Indiana 17,004 12,582 12,553 12,440 11,413 11,413 Kentucky 17,542 14,051 14,051 13,601 12,999 12,472 Louisiana 16,291 14,818 14,818 9,363 9,363 9,107 Maryland 2,397 1,266 1,266 1,206 1,206 1,206 Michigan 14,384 12,290 9,975 10,727 10,275 10,275 Minnesota 5,504 4,058 4,058 Mississippi 6,315 6,210 5,058 5,037 Missouri 15,780 12,598 11,116 11,116 Nevada 2,368 2,589 2,545 New Jersey 1,565 1,253 1,253 773 773 773 New York 4,079 3,416 3,421 3,912 3,912 3,912 Ohio 13,481 9,773 9,773 9,110 7,929 7,929 Oklahoma 11,641 10,271 9,384 9,376 Pennsylvania 12,071 8,373 8,373 8,138 8,138 8,138 Texas 52,301 40,134 40,134 38,542 Utah 15,755 15,917 15,917 Virginia 6,331 3,897 3,980 3,143 2,756 2,756 West Virginia 15,062 12,884 12,884 13,791 11,958 11,958 Wisconsin 7,915 6,295 6,295 5,988 (ii) For the control period in 2023, the State NO X (A) The product of the non-prorated trading budget for the portion of the 2023 control period before August 4, 2023, shown for the State in table 1 to paragraph (a)(1)(i) of this section (or zero if table 1 to paragraph (a)(1)(i) shows no amount for such portion of the 2023 control period for the State) multiplied by a fraction whose numerator is the number of days from May 1, 2023, through the day before August 4, 2023, inclusive, and whose denominator is 153; plus (B) The product of the non-prorated trading budget for the portion of the 2023 control period on and after August 4, 2023, shown for the State in table 1 to paragraph (a)(1)(i) of this section multiplied by a fraction whose numerator is the number of days from August 4, 2023, through September 30, 2023, inclusive, and whose denominator is 153. (2)(i) The State NO X Table 2 to Paragraph (a)(2)(i) [Tons] State 2026 2027 2028 2029 Alabama 6,339 6,236 6,236 5,105 Arkansas 6,365 4,031 4,031 3,582 Illinois 5,889 5,363 4,555 4,050 Indiana 8,363 8,135 7,280 5,808 Kentucky 9,697 7,908 7,837 7,392 Louisiana 6,370 3,792 3,792 3,639 Maryland 842 842 842 842 Michigan 6,743 5,691 5,691 4,656 Minnesota 4,058 2,905 2,905 2,578 Mississippi 3,484 2,084 1,752 1,752 Missouri 9,248 7,329 7,329 7,329 Nevada 1,142 1,113 1,113 880 New Jersey 773 773 773 773 New York 3,650 3,388 3,388 3,388 Ohio 7,929 7,929 6,911 6,409 Oklahoma 6,631 3,917 3,917 3,917 Pennsylvania 7,512 7,158 7,158 4,828 Texas 31,123 23,009 21,623 20,635 Utah 6,258 2,593 2,593 2,593 Virginia 2,565 2,373 2,373 1,951 West Virginia 10,818 9,678 9,678 9,678 Wisconsin 4,990 3,416 3,416 3,416 (ii) If the preset trading budget indicated for a given State and control period in table 2 to paragraph (a)(2)(i) of this section is less than the dynamic trading budget for the State and control period referenced in the applicable notice promulgated under paragraph (a)(4)(v)(C) of this section, then the State NO X (3) The State NO X (4) The Administrator will calculate the dynamic trading budget for each State and each control period in 2026 and thereafter in the year before the year of the control period as follows: (i) The Administrator will include a unit in a State (and Indian country within the borders of the State) in the calculation of the State's dynamic trading budget for a control period if— (A) To the best of the Administrator's knowledge, the unit qualifies as a CSAPR NO X X X (B) The unit's deadline for certification of monitoring systems under § 97.1030(b) is on or before May 1 of the year two years before the year of the control period for which the dynamic trading budget is being calculated; and (C) The owner or operator reported heat input greater than zero for the unit in accordance with part 75 of this chapter for the historical control period in the year two years before the year of the control period for which the dynamic trading budget is being calculated. (ii) For each unit identified for inclusion in the calculation of the State's dynamic trading budget for a control period under paragraph (a)(4)(i) of this section, the Administrator will calculate the heat input amount in mmBtu to be used in the budget calculation as follows: (A) For each such unit, the Administrator will determine the following unit-level amounts: ( 1 ( 2 1 (B) For the State, the Administrator will determine the following state-level amounts: ( 1 1 ( 2 1 ( 3 2 (C) The heat input amount for a unit used in the calculation of the State's dynamic trading budget shall be the product of the unit-level average total heat input amount calculated for the unit under paragraph (a)(4)(ii)(A)( 2 2 3 (iii) For each unit identified for inclusion in the calculation of the State's dynamic trading budget for a control period under paragraph (a)(4)(i) of this section, the Administrator will identify the NO X (A) For a unit listed in the document entitled “Unit-Specific Ozone Season NO X www.regulations.gov X X (B) For a unit not listed in the document referenced in paragraph (a)(4)(iii)(A) of this section, the NO X ( 1 ( 2 ( 3 1 2 (iv) The Administrator will calculate the State's dynamic trading budget for the control period as the sum (converted to tons at a conversion factor of 2,000 lb/ton and rounded to the nearest ton), for all units identified for inclusion in the calculation under paragraph (a)(4)(i) of this section, of the product for each such unit of the heat input amount in mmBtu calculated for the unit under paragraph (a)(4)(ii) of this section multiplied by the NO X (v)(A) By March 1, 2025 and March 1 of each year thereafter, the Administrator will calculate the dynamic trading budget for each State, in accordance with paragraphs (a)(4)(i) through (iv) of this section and §§ 97.1006(b)(2) and 97.1030 through 97.1035, for the control period in the year after the year of the applicable calculation deadline under this paragraph (a)(4)(v)(A) and will promulgate a notice of data availability of the results of the calculations. (B) For each notice of data availability required in paragraph (a)(4)(v)(A) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations (including the identification of the units included in the calculations) are in accordance with the provisions referenced in paragraph (a)(4)(v)(A) of this section. (C) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (a)(4)(v)(A) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (a)(4)(v)(A) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (a)(4)(v)(B) of this section. (b) Indian country existing unit set-asides for the control periods in 2023 and thereafter. X (c) New unit set-asides. X X Table 3 to Paragraph (c)(1) [2021-2022 (tons)] State 2021 2022 Illinois 265 265 Indiana 262 254 Kentucky 309 283 Louisiana 430 430 Maryland 135 115 Michigan 500 482 New Jersey 27 27 New York 168 168 Ohio 291 290 Pennsylvania 335 339 Virginia 185 161 West Virginia 266 261 (2) The new unit set-aside for allocations of CSAPR NO X X (i) 0.09, for Nevada for the control periods in 2023 through 2025; (ii) 0.06, for Ohio for the control periods in 2023 through 2025; (iii) 0.05, for each State other than Nevada and Ohio for the control periods in 2023 through 2025; or (iv) 0.05, for each State for each control period in 2026 and thereafter. (d) Indian country new unit set-asides for the control periods in 2021 and 2022. X X Table 4 to Paragraph (d) [2021-2022 (tons)] State 2021 2022 Illinois Indiana Kentucky Louisiana 15 15 Maryland Michigan 13 12 New Jersey New York 3 3 Ohio Pennsylvania Virginia West Virginia (e) Variability limits. X Table 5 to Paragraph (e)(1) [2021-2022 (tons)] State 2021 2022 Illinois 2,356 1,911 Indiana 3,571 2,642 Kentucky 3,684 2,951 Louisiana 3,421 3,112 Maryland 504 266 Michigan 3,021 2,581 New Jersey 329 263 New York 856 717 Ohio 2,831 2,052 Pennsylvania 2,535 1,758 Virginia 1,329 818 West Virginia 3,163 2,706 (2) The variability limit for the State NO X X (i) 0.21; or (ii) Any excess over 1.00 of the quotient (rounded to two decimal places) of— (A) The sum for all CSAPR NO X (B) The state-level total heat input amount used in the calculation of the State NO X (3) For purposes of paragraph (e)(2)(ii)(B) of this section, the state-level total heat input amount used in the calculation of a State NO X (i) For a control period in 2023 through 2025, and for a control period in 2026 through 2029 if the State NO X Table 6 to Paragraph (e)(3)(i) [2023-2029 (mmBtu)] State 2023 2024 2025 2026 2027 2028 2029 Alabama 313,037,541 333,030,691 333,030,691 330,396,046 328,650,653 328,650,653 307,987,882 Arkansas 192,843,561 192,843,561 192,843,561 190,921,052 190,921,052 190,921,052 190,921,052 Illinois 274,005,935 286,568,112 286,568,112 253,219,463 253,219,463 214,086,655 193,900,867 Indiana 356,047,916 330,175,944 330,175,944 302,245,332 302,245,332 277,218,546 236,611,101 Kentucky 301,161,750 301,161,750 295,857,697 295,857,697 295,857,697 293,016,485 274,595,978 Louisiana 280,592,592 280,592,592 278,766,253 278,461,807 277,262,840 277,262,840 277,262,840 Maryland 70,725,007 70,725,007 70,725,007 70,725,007 70,725,007 70,725,007 70,725,007 Michigan 313,846,533 299,124,688 299,124,688 258,225,107 258,225,107 258,225,107 222,314,181 Minnesota 128,893,685 107,821,236 107,821,236 107,821,236 93,890,928 93,890,928 85,707,385 Mississippi 192,978,295 189,415,018 189,279,160 189,279,160 189,279,160 176,004,820 176,004,820 Missouri 284,308,851 249,153,661 249,153,661 249,153,661 248,413,545 248,413,545 248,413,545 Nevada 103,489,785 116,979,117 114,729,782 105,018,415 100,193,805 100,193,805 96,378,269 New Jersey 112,233,231 112,233,231 112,233,231 112,233,231 112,233,231 112,233,231 112,233,231 New York 242,853,661 242,853,661 242,853,661 242,853,661 242,853,661 242,853,661 242,853,661 Ohio 412,292,609 386,560,212 386,560,212 386,560,212 386,560,212 358,992,155 342,075,946 Oklahoma 212,903,386 211,187,283 211,165,691 211,145,820 196,160,642 196,160,642 196,160,642 Pennsylvania 550,993,363 550,993,363 550,993,363 550,993,363 550,993,363 550,993,363 487,590,728 Texas 1,395,116,925 1,395,116,925 1,389,251,813 1,389,251,813 1,356,192,532 1,320,040,162 1,280,014,875 Utah 164,519,648 166,407,822 166,407,822 127,217,396 127,217,396 127,217,396 127,217,396 Virginia 202,953,791 194,015,719 194,015,719 194,015,719 194,015,719 194,015,719 186,848,587 West Virginia 306,845,495 273,151,957 273,151,957 273,151,957 273,151,957 273,151,957 273,151,957 Wisconsin 220,794,282 220,792,155 213,038,308 185,469,476 151,343,287 151,343,287 151,343,287 (ii) For a control period in 2026 through 2029 if the State NO X 2 (f) Relationship of trading budgets, set-asides, and variability limits. X [88 FR 36906, June 5, 2023] § 97.1011 CSAPR NO X (a) Allocations to existing units in general. X (2) For the control periods in 2023 and each year thereafter, CSAPR NO X (3) Providing an allocation to a unit in a notice of data availability does not constitute a determination that the unit is a CSAPR NO X X (b) Calculation of default allocations to existing units for control periods in 2026 and thereafter. X X X (1) For each State and control period, the total amount of CSAPR NO X X (2) The Administrator will calculate a default allocation of CSAPR NO X X (i) To the best of the Administrator's knowledge, the unit qualifies as a CSAPR NO X (ii) The unit's deadline for certification of monitoring systems under § 97.1030(b) is on or before May 1 of the year two years before the year of the control period for which the allowances are being allocated; and (iii) The owner or operator reported heat input greater than zero for the unit in accordance with part 75 of this chapter for the historical control period in the year two years before the year of the control period for which the allowances are being allocated. (3) For each CSAPR NO X (i) The Administrator will identify the total heat input amounts reported for the unit in accordance with part 75 of this chapter for the historical control periods in the years two, three, four, five, and six years before the year of the control period for which the allowances are being allocated, except any historical control period that commenced before the unit's first deadline under any regulatory program to begin recording and reporting heat input in accordance with part 75 of this chapter. (ii) The average heat input amount used in the allocation calculations shall be the average of the three highest total heat input amounts identified for the unit under paragraph (b)(3)(i) of this section or, if fewer than three non-zero amounts are identified for the unit, the average of all such non-zero total heat input amounts. (4) For each CSAPR NO X (i) The Administrator will identify the total NO X (ii) The tentative maximum allocation amount used in the allocation calculations shall be the highest of the total NO X (iii)(A) The tentative maximum allocation amount under paragraph (b)(4)(ii) of this section for a unit described in paragraph (b)(4)(iii)(B) or (C) of this section may not exceed a maximum controlled baseline calculated as the product (converted to tons at a conversion factor of 2,000 lb/ton and rounded to the nearest ton) of the highest total heat input amount identified for the unit under paragraph (b)(3)(i) of this section in mmBtu multiplied by a NO X (B) For the control period in 2026, a maximum controlled baseline under paragraph (b)(4)(iii)(A) of this section shall apply to any unit that combusted any coal or solid coal-derived fuel during the historical control period for which the unit's heat input was most recently reported, that serves a generator with nameplate capacity of 100 MW or more, and that is equipped with selective catalytic reduction controls, except a circulating fluidized bed boiler. (C) For each control period in 2027 and thereafter, a maximum controlled baseline under paragraph (b)(4)(iii)(A) of this section shall apply to any unit that combusted any coal or solid coal-derived fuel during the historical control period for which the unit's heat input was most recently reported and that serves a generator with nameplate capacity of 100 MW or more, except a circulating fluidized bed boiler. (5) The Administrator will calculate the initial unrounded default allocations for each CSAPR NO X (6) The Administrator will calculate the initial unrounded default allocations to CSAPR NO X (i) The Administrator will calculate the sum, for all units determined under paragraph (b)(2) of this section to be eligible to receive default allocations, of the units' average heat input amounts determined under paragraph (b)(3)(ii) of this section. (ii) For each unit determined under paragraph (b)(2) of this section to be eligible to receive a default allocation, the Administrator will calculate the unit's unrounded default allocation as the lesser of— (A) The product of the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section multiplied by a fraction whose numerator is the unit's average heat input amount determined under paragraph (b)(3)(ii) of this section and whose denominator is the sum determined under paragraph (b)(6)(i) of this section; and (B) The unit's tentative maximum allocation amount determined under paragraph (b)(4)(ii) of this section. (iii) If the sum of the unrounded default allocations determined under paragraph (b)(6)(ii) of this section is less than the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section, the Administrator will follow the procedures in paragraph (b)(7) or (8) of this section, as applicable. (iv) If the sum of the unrounded default allocations determined under paragraph (b)(6)(ii) of this section equals the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section, the Administrator will determine the rounded default allocations according to the procedures in paragraphs (b)(9) and (10) of this section. (7) If the unrounded default allocation determined in the previous round of the calculation procedure for at least one CSAPR NO X (i) The Administrator will calculate the additional pool of allowances to be allocated as the remainder of the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section minus the sum of the unrounded default allocations from the previous round of the calculation procedure for all units determined under paragraph (b)(2) of this section to be eligible to receive default allocations. (ii) The Administrator will calculate the sum, for all units whose unrounded default allocations determined in the previous round of the calculation procedure were less than the respective units' tentative maximum allocation amounts determined under paragraph (b)(4)(ii) of this section, of the units' average heat input amounts determined under paragraph (b)(3)(ii) of this section. (iii) For each unit whose unrounded default allocation determined in the previous round of the calculation procedure was less than the unit's tentative maximum allocation amount determined under paragraph (b)(4)(ii) of this section, the Administrator will recalculate the unit's unrounded default allocation as the lesser of— (A) The sum of the unit's unrounded default allocation determined in the previous round of the calculation procedure plus the product of the additional pool of allowances determined under paragraph (b)(7)(i) of this section multiplied by a fraction whose numerator is the unit's average heat input amount determined under paragraph (b)(3)(ii) of this section and whose denominator is the sum determined under paragraph (b)(7)(ii) of this section; and (B) The unit's tentative maximum allocation amount determined under paragraph (b)(4)(ii) of this section. (iv) Except as provided in paragraph (b)(7)(iii) of this section, a unit's unrounded default allocation shall equal the amount determined in the previous round of the calculation procedure. (v) If the sum of the unrounded default allocations determined under paragraphs (b)(7)(iii) and (iv) of this section is less than the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section, the Administrator will iterate the procedures in paragraph (b)(7) of this section or follow the procedures in paragraph (b)(8) of this section, as applicable. (vi) If the sum of the unrounded default allocations determined under paragraphs (b)(7)(iii) and (iv) of this section equals the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section, the Administrator will determine the rounded default allocations according to the procedures in paragraphs (b)(9) and (10) of this section. (8) If the unrounded default allocation determined in the previous round of the calculation procedure for every CSAPR NO X (i) The Administrator will calculate the additional pool of allowances to be allocated as the remainder of the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section minus the sum of the unrounded default allocations from the previous round of the calculation procedure for all units determined under paragraph (b)(2) of this section to be eligible to receive default allocations. (ii) The Administrator will recalculate the unrounded default allocation for each eligible unit as the sum of— (A) The unit's unrounded default allocation as determined in the previous round of the calculation procedure; plus (B) The product of the additional pool of allowances determined under paragraph (b)(8)(i) of this section multiplied by a fraction whose numerator is the unit's average heat input amount determined under paragraph (b)(3)(ii) of this section and whose denominator is the sum determined under paragraph (b)(6)(i) of this section. (9) The Administrator will round the default allocation for each eligible unit determined under paragraph (b)(6), (7), or (8) of this section to the nearest allowance and make any adjustments required under paragraph (b)(10) of this section. (10) If the sum of the default allocations after rounding under paragraph (b)(9) of this section does not equal the total amount of allowances determined for the State and control period under paragraph (b)(1) of this section, the Administrator will adjust the default allocations as follows. The Administrator will list the CSAPR NO X X (11)(i) By March 1, 2025 and March 1 of each year thereafter, the Administrator will calculate the default allocation of CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(11)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (iii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(11)(i) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(11)(i) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(11)(ii) of this section. (c) Incorrect allocations of CSAPR NO X Ozone Season Group 3 allowances to existing units. X (i) The recipient is not actually a CSAPR NO X X (ii) The recipient is not actually a CSAPR NO X X X (iii) The recipient is not located as of the first day of the control period in the State (and Indian country within the borders of the State) from whose NO X X (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO X (3) If the Administrator already recorded such CSAPR NO X X X X X (4) If the Administrator already recorded such CSAPR NO X X (5) With regard to any CSAPR NO X (i) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs on or before May 1, 2024, the Administrator will transfer the CSAPR NO X X X (ii) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs after May 1, 2024, and on or before May 1 of the year following the year of the control period for which the CSAPR NO X X X X (iii) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs after May 1, 2024, and after May 1 of the year following the year of the control period for which the CSAPR NO X X (d) Recall of CSAPR NO X Ozone Season Group 3 allowances allocated for the control period in 2024 X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36910, June 5, 2023; 89 FR 87976, Nov. 6, 2024] § 97.1012 CSAPR NO X (a) Allocations from new unit set-asides. X X X (1) The CSAPR NO X X (i) CSAPR NO X X (ii) CSAPR NO X X (2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2021, for a State listed in § 52.38(b)(2)(iii)(A) of this chapter, or the control period in 2023, for a State listed in § 52.38(b)(2)(iii)(B) or (C) of this chapter; (ii) The control period containing the deadline for certification of the CSAPR NO X (iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO X X (4)(i) The allocation to each CSAPR NO X X (ii)(A) The allocation under paragraph (a)(4)(i) of this section to a unit described in paragraph (a)(4)(ii)(B) or (C) of this section may not exceed a maximum controlled baseline calculated as the product (converted to tons at a conversion factor of 2,000 lb/ton and rounded to the nearest ton) of the unit's total heat input during the control period in mmBtu multiplied by a NO X (B) For a control period in 2024 through 2026, a maximum controlled baseline under paragraph (a)(4)(ii)(A) of this section shall apply to any unit combusting any coal or solid coal-derived fuel during the control period, serving a generator with nameplate capacity of 100 MW or more, and equipped with selective catalytic reduction controls on or before September 30 of the preceding control period, except a circulating fluidized bed boiler. (C) For a control period in 2027 and thereafter, a maximum controlled baseline under paragraph (a)(4)(ii)(A) of this section shall apply to any unit combusting any coal or solid coal-derived fuel during the control period and serving a generator with nameplate capacity of 100 MW or more, except a circulating fluidized bed boiler. (iii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8)-(9) [Reserved] (10)(i) For a control period in 2021 or 2022, if, after completion of the procedures under paragraphs (a)(2) through (7) and (12) of this section for a control period, any unallocated CSAPR NO X X X X X X (ii) For a control period in 2023 or thereafter, if, after completion of the procedures under paragraphs (a)(2) through (7) and (12) of this section for a control period, any unallocated CSAPR NO X X X X X X (11) The Administrator will notify the public, through the promulgation of the notices of data availability described in paragraph (a)(13) of this section, of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period in a given year under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X (13)(i) By March 1, 2022, and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (a)(13)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (iii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (a)(13)(i) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (a)(13)(i) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (a)(13)(ii) of this section. (b) Allocations from Indian country new unit set-asides. X X X (1) The CSAPR NO X X X (2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO X X X (3) The Administrator will determine, for each CSAPR NO X X (i) The control period in 2021; and (ii) The control period containing the deadline for certification of the CSAPR NO X (4)(i) The allocation to each CSAPR NO X X (ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section. (5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO X X (6) If the amount of CSAPR NO X X X (7) If the amount of CSAPR NO X X X X (8) [Reserved] (9) [Reserved] (10) If, after completion of the procedures under paragraphs (b)(2) through (7) and (12) of this section for a control period, any unallocated CSAPR NO X X (11) The Administrator will notify the public, through the promulgation of the notices of data availability described in paragraph (b)(13) of this section, of the amount of CSAPR NO X X (12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period in a given year under paragraph (b)(7) of this section would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO X X (13)(i) By March 1, 2022, and March 1, 2023, the Administrator will calculate the CSAPR NO X X (ii) For each notice of data availability required in paragraph (b)(13)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice. Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO X (iii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(13)(i) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(13)(i) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(13)(ii) of this section. (c) Incorrect allocations of CSAPR NO X Ozone Season Group 3 allowances to new units. X X (2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO X (3) If the Administrator already recorded such CSAPR NO X X X X X (4) If the Administrator already recorded such CSAPR NO X X (5) With regard to any CSAPR NO X (i) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs on or before May 1, 2023, the Administrator will transfer the CSAPR NO X X X (ii) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs after May 1, 2023, and on or before May 1, 2024, the Administrator will transfer the CSAPR NO X X X (iii) If the non-recordation decision under paragraph (c)(2) of this section or the deduction under paragraph (c)(3) of this section occurs after May 1, 2024, the Administrator will transfer the CSAPR NO X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36913, June 5, 2023] § 97.1013 Authorization of designated representative and alternate designated representative. (a) Except as provided under § 97.1015, each CSAPR NO X X X (1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.1016: (i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO X X (ii) The owners and operators of the source and each CSAPR NO X (b) Except as provided under § 97.1015, each CSAPR NO X (1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO X (2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.1016: (i) The alternate designated representative shall be authorized; (ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and (iii) The owners and operators of the source and each CSAPR NO X (c) Except in this section, § 97.1002, and §§ 97.1014 through 97.1018, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. § 97.1014 Responsibilities of designated representative and alternate designated representative. (a) Except as provided under § 97.1018 concerning delegation of authority to make submissions, each submission under the CSAPR NO X X X (b) The Administrator will accept or act on a submission made for a CSAPR NO X X § 97.1015 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source. (a) Changing designated representative. X X (b) Changing alternate designated representative. X X (c) Changes in owners and operators. X X (2) Within 30 days after any change in the owners and operators of a CSAPR NO X X (d) Changes in units at the source. X (1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source. (2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source. § 97.1016 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CSAPR NO X X (2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative; (3) A list of the owners and operators of the CSAPR NO X X (4) The following certification statements by the designated representative and any alternate designated representative— (i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO X (ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO X X (iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO X X X X X X X X (5) The signature of the designated representative and any alternate designated representative and the dates signed. (b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (c) A certificate of representation under this section, § 97.516, or § 97.816 that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO X X X X X X § 97.1017 Objections concerning designated representative and alternate designated representative. (a) Once a complete certificate of representation under § 97.1016 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.1016 is received by the Administrator. (b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO X (c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO X § 97.1018 Delegation by designated representative and alternate designated representative. (a) A 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 subpart. (b) An alternate 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 subpart. (c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative; (2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section 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 designated representative or alternate designated representative: (i) “I agree that any electronic submission to the Administrator that is made 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 designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1018(d) shall be deemed to be an electronic submission by me.”; and (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1018(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.1018 is terminated.” (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate 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 designated representative or alternate 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 designated representative or alternate designated representative submitting such notice of delegation. (f) A notice of delegation submitted under paragraph (c) of this section, § 97.518(c), or § 97.818(c) that complies with the provisions of paragraph (c) of this section except that it contains the terms “40 CFR 97.518(d)” and “40 CFR 97.518” or the terms “40 CFR 97.818(d)” and “40 CFR 97.818” in place of the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018” appeared in place of the terms “40 CFR 97.518(d)” and “40 CFR 97.518” or the terms “40 CFR 97.818(d)” and “40 CFR 97.818”, respectively. § 97.1019 [Reserved] § 97.1020 Establishment of compliance accounts, assurance accounts, and general accounts. (a) Compliance accounts. X (b) Assurance accounts. (c) General accounts Application for general account. X (A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO X (B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative. (ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative; (B) An identifying name for the general account; (C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO X (D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO X X (E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed. (iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. (iv) An application for a general account under paragraph (c)(1) of this section, § 97.520(c)(1), or § 97.820(c)(1) that complies with the provisions of paragraph (c)(1) of this section except that it contains the phrase “TR NO X X X X X X (2) Authorization of authorized account representative and alternate authorized account representative. (A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO X X (B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to CSAPR NO X (ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO X X (iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative. (iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO X X X X X (3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. X (ii) The alternate authorized account representative of 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 (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate 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 authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO X (iii)(A) In the event a person having an ownership interest with respect to CSAPR NO X (B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO X X (4) Objections concerning authorized account representative and alternate authorized account representative. (ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO X (iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO X (5) Delegation by authorized account representative and alternate authorized account representative. (ii) An alternate authorized account representative of a general account 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 subpart. (iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate 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, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative; (B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”); (C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her; (D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made 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 an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1020(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and (E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1020(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.1020(c)(5) is terminated.” (iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate 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 authorized account representative or alternate 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 (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation. (vi) A notice of delegation submitted under paragraph (c)(5)(iii) of this section, § 97.520(c)(5)(iii), or § 97.820(c)(5)(iii) that complies with the provisions of paragraph (c)(5)(iii) of this section except that it contains the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” or the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)” in place of the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c)(5)(iii) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)” appeared in place of the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” or the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)”, respectively. (6) Closing a general account. X X (ii) If a general account has no CSAPR NO X X X (d) Account identification. (e) Responsibilities of authorized account representative and alternate authorized account representative. X § 97.1021 Recordation of CSAPR NO X (a) By July 29, 2021, the Administrator will record in each CSAPR NO X X X (b) By July 29, 2021, the Administrator will record in each CSAPR NO X X X (c) [Reserved] (d) By September 5, 2023, the Administrator will record in each CSAPR NO X X X (e) By September 5, 2023, the Administrator will record in each CSAPR NO X X X (1) If, by September 1, 2023, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by September 15, 2023, in each CSAPR NO X X X (2) If the State submits to the Administrator by September 1, 2023, and the Administrator approves by March 1, 2024, such complete SIP revision, the Administrator will record by March 1, 2024, in each CSAPR NO X X X (3) If the State submits to the Administrator by September 1, 2023, and the Administrator does not approve by March 1, 2024, such complete SIP revision, the Administrator will record by March 1, 2024, in each CSAPR NO X X X (f) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X X X (g) By September 5, 2023, the Administrator will record in each CSAPR NO X X X (h) By July 1, 2024, and July 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X (i) By May 1, 2022, and May 1 of each year thereafter, the Administrator will record in each CSAPR NO X X X (j) By May 1, 2022, and May 1, 2023, the Administrator will record in each CSAPR NO X X X (k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (h) of this section, of CSAPR NO X (l) When recording the allocation or auction of CSAPR NO X X X X (m) Notwithstanding any other provision of this subpart, if, as of the otherwise applicable deadline for recording any CSAPR NO X X X X X [86 FR 23208, Apr. 30, 2021, as amended at 87 FR 52481, Aug. 26, 2022; 88 FR 36915, June 5, 2023] § 97.1022 Submission of CSAPR NO X (a) An authorized account representative seeking recordation of a CSAPR NO X (b) A CSAPR NO X (1) The transfer includes the following elements, in a format prescribed by the Administrator: (i) The account numbers established by the Administrator for both the transferor and transferee accounts; (ii) The serial number of each CSAPR NO X (iii) The name and signature of the authorized account representative of the transferor account and the date signed; and (2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO X § 97.1023 Recordation of CSAPR NO X (a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO X X X (b) A CSAPR NO X X (c) Where a CSAPR NO X (d) Within 5 business days of recordation of a CSAPR NO X (e) Within 10 business days of receipt of a CSAPR NO X (1) A decision not to record the transfer; and (2) The reasons for such non-recordation. § 97.1024 Compliance with CSAPR NO X X (a) Availability for deduction for compliance. X X X (1) Were allocated or auctioned for such control period or a control period in a prior year; and (2) Are held in the source's compliance account as of the allowance transfer deadline for such control period. (b) Deductions for compliance. X X X (1) Until the amount of CSAPR NO X (i) The number of tons of total NO X X (ii) Two times the excess, if any, over 50 tons of the sum (converted to tons at a conversion factor of 2,000 lb/ton and rounded to the nearest ton), for all calendar days in the control period and all CSAPR NO X X X (2) If there are insufficient CSAPR NO X X (3) The backstop daily NO X (i) For each control period in 2024 through 2029, the backstop daily NO X X (ii) For each control in 2030 and thereafter, the backstop daily NO X X (c) Selection of CSAPR NO X Ozone Season Group 3 allowances for deduction Identification by serial number. X X (2) First-in, first-out. X X (i) Any CSAPR NO X (ii) Any other CSAPR NO X (d) Deductions for excess emissions. X X (e) Recordation of deductions. [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36916, June 5, 2023; 89 FR 87976, Nov. 6, 2024] § 97.1025 Compliance with CSAPR NO X X (a) Availability for deduction. X X X X (1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and (2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO X (b) Deductions for compliance. X X (1) By August 1, 2022 and August 1 of each year thereafter, the Administrator will: (i) Calculate, for each State (and Indian country within the borders of such State), the total NO X X X X (ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO X (A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO X X X X X (B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO X X (2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section. (i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.1006(c)(2)(iii), §§ 97.1006(b) and 97.1030 through 97.1035, the definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share” in § 97.1002, and the calculation formula in § 97.1006(c)(2)(i). (ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section. (3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO X X X X (4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO X X X (ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter. (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.1023, of CSAPR NO X X X X (6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO X (i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO X X X (ii) [Reserved] (iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO X X X (A) Where the amount of CSAPR NO X X X X X (B) For the owners and operators for which the amount of CSAPR NO X X X X X X X X (C) Each CSAPR NO X X X (c) CSAPR NO X Ozone Season Group 3 secondary emissions limitation. X X (i) The unit is included for the control period in a group of CSAPR NO X X X (ii) The unit was required to report NO X X X X (2) The amount of the emissions limitation applicable to a CSAPR NO X X (i) The total heat input in mmBtu reported for the unit for the control period in accordance with §§ 97.1030 through 97.1035; and (ii) A NO X X X X X X X X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36916, June 5, 2023] § 97.1026 Banking and conversion; bank recalibration. (a) A CSAPR NO X (b) Any CSAPR NO X X (c) At any time after the allowance transfer deadline for the last control period for which a State NO X X (d) Before the allowance transfer deadline for each control period in 2024 and thereafter, the Administrator will deduct amounts of CSAPR NO X X (1) As soon as practicable on or after August 1, 2024, and August 1 of each year thereafter, the Administrator will temporarily suspend acceptance of CSAPR NO X (2) The Administrator will determine each of the following values: (i) The total amount of CSAPR NO X (ii) The CSAPR NO X X (A) 0.210, for a control period in 2024 through 2029; or (B) 0.105, for a control period in 2030 and thereafter. (3) If the total amount of CSAPR NO X X X (i) Determine the total amount of CSAPR NO X (ii) Determine the account's share of the CSAPR NO X X X X (iii) Deduct an amount of CSAPR NO X X X (iv) Record the deductions under paragraph (d)(3)(iii) of this section in the account. (4)(i) In computing any amounts of CSAPR NO X (ii) Following a computation for a group of general accounts in accordance with paragraph (d)(4)(i) of this section, the Administrator will deduct from and record in each individual account in such group a proportional share of the quantity of CSAPR NO X X (iii) In determining the proportional shares under paragraph (d)(4)(ii) of this section, the Administrator may employ any reasonable adjustment methodology to truncate or round each such share up or down to a whole number and to cause the total of such whole numbers to equal the amount of CSAPR NO X X (e)(1) Notwithstanding any other provision of this subpart, by September 18, 2023, or, with regard to sources in West Virginia, as soon as practicable on or after September 29, 2023, the Administrator will temporarily suspend acceptance of CSAPR NO X X 1 (i) The Administrator will deduct all CSAPR NO X (ii) For each CSAPR NO X X (2) Notwithstanding any other provision of this subpart, as soon as practicable on or after December 23, 2024, the Administrator will temporarily suspend acceptance of CSAPR NO X 4 5 (i) The Administrator will deduct all CSAPR NO X (ii) For each CSAPR NO X 4 X (iii) For each CSAPR NO X 5 X (f) Notwithstanding any other provision of this subpart, CSAPR NO X X X (1) After the Administrator has carried out the procedures set forth in paragraph (e)(1) of this section and before November 6, 2024, the owner or operator of a CSAPR NO X 1 X X (2) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X X (3) On or after November 6, 2024, the owner or operator of a source subject to the requirements of the CSAPR NO X X X X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36916, June 5, 2023; 88 FR 49308, July 31, 2023; 88 FR 67108, Sept. 29, 2023; 89 FR 87976, Nov. 6, 2024] § 97.1027 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. § 97.1028 Administrator's action on submissions. (a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO X (b) The Administrator may deduct CSAPR NO X X § 97.1029 [Reserved] § 97.1030 General monitoring, recordkeeping, and reporting requirements. The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO X 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 § 97.1031 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. X (1)(i) May 1, 2021, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(A) of this chapter; (ii) May 1, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(B) of this chapter; (iii) August 4, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(C) of this chapter, where the unit is required to report NO X X (iv) January 31, 2024, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(C) of this chapter, where the unit is not required to report NO X X (2) 180 calendar days after the date on which the unit commences commercial operation; or (3) Where data for the unit are reported on a control period basis under § 97.1034(d)(1)(ii)(B), and where the compliance date under paragraph (b)(1) or (2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(1) or (2) of this section. (4) The owner or operator of a CSAPR NO X X (i) Such requirements shall apply to the monitoring systems required under § 97.1030 through § 97.1035, rather than the monitoring systems required under part 75 of this chapter; (ii) NO X X 2 2 (iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.1035, rather than § 75.66 of this chapter. (c) Reporting data. X X X X (d) Prohibitions. X (2) No owner or operator of a CSAPR NO X X X (3) No owner or operator of a CSAPR NO X X (4) No owner or operator of a CSAPR NO X (i) During the period that the unit is covered by an exemption under § 97.1005 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 Administrator 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 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 § 97.1031(d)(3)(i). (e) Long-term cold storage. X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36917, June 5, 2023] § 97.1031 Initial monitoring system certification and recertification procedures. (a) The owner or operator of a CSAPR 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 appendices B, D, and 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 § 97.1030(a)(1) that is 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 CSAPR 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. (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 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 Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. (e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in §§ 75.19(a)(2) and 75.20(h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20(g) of this chapter. (f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. § 97.1032 Monitoring system out-of-control periods. (a) General provisions. (b) Audit decertification. § 97.1033 Notifications concerning monitoring. The designated representative of a CSAPR NO X § 97.1034 Recordkeeping and reporting. (a) General provisions. (b) Monitoring plans. X (c) Certification applications. (d) Quarterly reports. (1)(i) If a CSAPR NO X X X X (ii) If a CSAPR NO X X (A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO X (B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO X (2) The designated representative shall report the NO X X (i)(A) The calendar quarter covering May 1, 2021, through June 30, 2021, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(A) of this chapter; (B) The calendar quarter covering May 1, 2023, through June 30, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(B) of this chapter; or (C) The calendar quarter covering August 4, 2023, through September 30, 2023, for a unit in a State (and Indian country within the borders of such State) listed in § 52.38(b)(2)(iii)(C) of this chapter; (ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.1030(b); or (iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section. (3) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report, except that quarterly reports required for the calendar quarter covering May 1, 2023, through June 30, 2023, shall be submitted by August 4, 2023.

Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter. (4) For CSAPR NO X X 2 2 X (5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data. (i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section. (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)(1)(ii)(B) of this section, the NO X X X [86 FR 23208, Apr. 30, 2021, as amended at 88 FR 36918, June 5, 2023; 88 FR 49308, July 31, 2023] § 97.1035 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. (a) The designated representative of a CSAPR NO X (b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of each unit and source covered by the petition; (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; (5) Any other relevant information that the Administrator may require. (c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.

40 CFR Part 97 — Federal NOX Budget Trading Program, CAIR NOX and SO2 Trading Programs, CSAPR NOX and SO2 Trading Programs, and Texas SO2 Trading Program

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