1
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
PART
72
 
PERMITS
REGULATION
1.
The
authority
citation
for
part
72
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7601
and
7651,
et
seq.

§
72.2
[
Amended]

2.
Section
72.2
is
amended
by:

a.
Amend
the
definition
of
"
Acid
rain
emissions
limitation"

by
replacing,
in
paragraph
(
1)(
i),
the
words
"
an
affected
unit'

by
the
words
"
the
affected
units
at
a
source"
and
replacing,
in
paragraph
(
1)(
ii)(
C),
the
words
"
compliance
subaccount
for
that
unit"
by
the
words
"
compliance
account
for
that
source";

b.
Amend
the
definition
of
"
Advance
allowance"
by
replacing
the
word
"
unit's"
by
the
word
"
source's";

c.
Amend
the
definition
of
"
Allocate
or
allocation"
by
replacing
the
words
"
unit
account"
by
the
words
"
compliance
account";

d.
Amend
the
definition
of
"
Allowance
deduction,
or
deduct"

by
replacing
the
words
"
compliance
subaccount,
or
future
year
subaccount,"
by
the
words
"
compliance
account"
and
replacing
the
words
"
from
an
affected
unit"
by
the
words
"
from
the
affected
units
at
an
affected
source";

e.
Amend
the
definition
of
"
Allowance
transfer
deadline"
by
replacing
the
words
"
affected
unit's
compliance
subaccount"
by
2
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
the
words
"
an
affected
source's
compliance
account"
and
replacing
the
words
"
the
unit's"
by
the
words
"
the
source's";

f.
Amend
the
definition
of
"
Authorized
account
representative"
by
replacing
the
words
"
unit
account"
by
the
words
"
compliance
account"
and
replacing
the
words
"
affected
unit"
by
the
words
"
affected
source
and
the
affected
units
at
the
source";

g.
Amend
the
definition
of
"
Compliance
use
date"
by
replacing
the
word
"
unit's"
by
the
word
"
source's";

h.
Amend
the
definition
of
"
Excess
emissions"
by,
in
paragraph
(
1),
replacing
the
words
"
an
affected
unit"
by
the
words
"
the
affected
units
at
an
affected
source"
and
replacing
the
words
"
for
the
unit"
by
the
words
"
for
the
source";

i.
Amend
the
definition
of
"
General
account"
by
replacing
the
words
"
unit
account"
by
the
words
"
compliance
account";

j.
Amend
the
definition
of
"
Offset
Plan"
by
replacing
the
word
"
unit"
by
the
word
"
source";

K.
Amend
the
definition
of
"
Recordation,
record,
or
recorded"
by
removing
the
words
"
or
subaccount";

l.
Amend
the
definition
of
"
Source"
by
replacing
the
words
"
under
the
Act."
by
the
words
"
under
the
Act,
provided
that
one
or
more
combustion
or
process
sources
that
have,
under
§
74.4(
c)

of
this
chapter,
a
different
designated
representative
than
the
3
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
designated
representative
for
one
or
more
affected
utility
units
at
a
source
shall
be
treated
as
being
included
in
a
separate
source
from
the
source
that
includes
such
utility
units
for
purposes
of
parts
72
through
78
but
shall
be
treated
as
being
included
in
the
same
source
as
the
source
that
includes
such
utility
units
for
purposes
of
section
502(
c)
of
the
Act."

m.
Amend
the
definition
of
"
Spot
allowance"
by
replacing
the
word
"
unit's"
by
the
word
"
source's";
and
n.
Revise
the
definition
of
"
Cogeneration
unit",
adding
a
new
definition
of
"
Compliance
account",
and
removing
the
definitions
of
"
Compliance
subaccount",
"
Current
year
subaccount",
"
Direct
sale
subaccount",
"
Future
year
subaccount",

and
"
Unit
account"
to
read
as
follows:

§
72.2
Definitions.

*
*
*
*
*

Cogeneration
unit
means
a
unit
that
has
equipment
used
to
produce
electric
energy
and
forms
of
useful
thermal
energy
(
such
as
heat
or
steam)
for
industrial,
commercial,
heating,
or
cooling
purposes,
through
sequential
use
of
energy.

*
*
*
*
*

Compliance
account
means
an
Allowance
Tracking
System
account,

established
by
the
Administrator
under
§
73.31(
a)
or
(
b)
of
this
chapter
or
§
74.40(
a)
of
this
chapter
for
an
affected
source
and
4
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
for
each
affected
unit
at
the
source.

*
*
*
*
*

§
72.7
[
Amended]

3.
Section
72.7
is
amended
in
paragraph
(
c)(
1)(
ii),
in
the
first
sentence,
replace
the
word
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
compliance
account
of
the
source
that
includes
the
unit"
and
remove
the
third
sentence.

§
72.9
[
Amended]

4.
Section
72.9
is
amended
by:

a.
In
paragraph
(
b)(
2),
replace
the
word
"
unit"
by
the
words
"
source
or
unit,
as
appropriate,";

b.
In
paragraph
(
c)(
1)(
i),
replace
the
words
"
unit's
compliance
subaccount"
with
the
words
"
source's
compliance
account"
and
replace
the
words
"
from
the
unit"
by
the
words
"
from
the
affected
units
at
the
source";

c.
In
paragraphs
(
e)(
1)
and
(
e)(
2)
introductory
text,

replace
the
words
"
an
affected
unit"
by
the
words
"
an
affected
source";

d.
In
paragraph
(
g)(
6),
remove
the
second
sentence;
and
e.
In
paragraph
(
h)(
2),
replace
the
word
"
unit"
by
the
word
"
source"
wherever
it
appears.

§
72.21
[
Amended]

5.
Section
72.21
is
amended
by:
5
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
a.
In
paragraph
(
b)(
1),
remove
the
word
"
affected"
wherever
it
appears;
and
b.
In
paragraph
(
e)(
2),
replace
the
words
"
unit
account"
by
the
words
"
compliance
account".

§
72.24
[
Amended]

6.
Section
72.24
is
amended
by
removing
and
reserving
paragraphs
(
a)(
5),
(
a)(
7),
and
(
a)(
10).

§
72.27
[
Amended]

7.
Section
72.27
is
amended
by,
in
paragraphs
(
c)(
3)
and
(
c)(
5),
by
replacing
the
words
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
for
the
unit
in
the
compliance
account
for
the
source
that
includes
the
unit".

§
72.40
[
Amended]

8.
Section
72.40
is
amended,
in
paragraph
(
a)(
1),
replace
the
words
"
unit's
compliance
subaccount"
with
the
words
"
compliance
account
of
the
source
where
the
unit
is
located
",

remove
the
words
",
or
in
the
compliance
subaccount
of
another
affected
unit
at
the
source
to
the
extent
provided
in
§
73.35(
b)(
3),",
and
replace
the
words
"
from
the
unit"
by
the
words
"
from
the
affected
units
at
the
source".

§
72.72
[
Amended]

9.
Section
72.72
is
amended
by:

a.
In
paragraph
(
a)(
1),
add,
after
the
words
"
affected
6
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
unit",
the
words
"
or
affected
source";

b.
In
paragraph
(
a)(
2),
add,
after
the
words
"
affected
unit's"
the
words
"
or
an
affected
source's";
and
c.
In
paragraph
(
a)(
3),
add,
after
the
words
"
affected
unit",
the
words
"
or
affected
source"
whenever
they
appear.

§
72.73
[
Amended]

10.
Section
72.73
is
amended
by,
in
paragraph
(
b)(
2),

replace
the
words
"
the
first
Acid
Rain
permit"
by
the
words
"
an
Acid
Rain
permit".

§
72.90
[
Amended]

11.
Section
72.90
is
amended
by,
in
paragraph
(
a),
add,

after
the
words
"
each
calendar
year",
the
words
"
during
1995
through
2005".

§
72.95
[
Amended]

12.
Section
72.95
is
amended
by:

a.
In
the
introductory
text,
replace
the
words
"
an
affected
unit's
compliance
subaccount"
with
the
words
"
an
affected
source's
compliance
account";
and
b.
In
paragraph
(
a),
replace
the
words
"
by
the
unit"
by
the
words
"
by
the
affected
units
at
the
source".

§
72.96
[
Amended]

13.
Section
72.96
is
amended
by,
in
paragraph
(
b),
replace
the
words
"
unit's
Allowance
Tracking
System
account"
by
the
words
7
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
"
source's
compliance
account".

PART
73
 
SULFUR
DIOXIDE
ALLOWANCE
SYSTEM
1.
The
authority
citation
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7601
and
7651,
et
seq.

§
73.10
[
Amended]

2.
Section
73.10
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
unit
account
for
each"
by
the
words
"
compliance
account
for
each
source
that
includes
a"
and
remove
the
words
"
in
each
future
year
subaccount";
and
b.
In
paragraphs
(
b)(
1)
and
(
b)(
2),
replace
the
words
"
unit
account
for
each"
by
the
words
"
compliance
account
for
each
source
that
includes
a"
and
replace
the
words
"
in
the
future
year
subaccounts
representing
calendar
years"
with
the
words
"
for
the
years".

§
73.27
[
Amended]

3.
Section
73.27
is
amended
by,
in
paragraphs
(
c)(
3)
and
(
c)(
5),
replace
the
words
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
compliance
account
of
the
source
that
includes
the
unit".

§
73.30
[
Amended]

4.
Section
73.30
is
amended
by:
8
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
a.
In
paragraph
(
a),
add,
after
the
word
"
establish",
the
word
"
compliance",
replace
the
words
"
affected
units"
by
the
words
"
affected
sources",
and
replace
the
words
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
source's
compliance
account"
;
and
b.
In
paragraph
(
b),
replace
the
word
"
unit"
by
the
word
"
source"
and
replace
the
words
"
Allowance
Tracking
System
account"
by
the
words
"
general
account".

§
73.31
[
Amended]

5.
Section
73.31
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
an
Allowance
Tracking
System
account"
by
the
words
"
a
compliance
account"
and
replace
the
words
"
each
unit"
with
the
words
"
each
source
that
includes
a
unit";

b.
In
paragraph
(
b),
replace
the
words
"
an
Allowance
Tracking
System
account
for
the
unit."
by
the
words
"
a
compliance
account
for
the
source
that
includes
the
unit,
unless
the
source
already
has
a
compliance
account.";
and
c.
In
paragraph
(
c)(
1)(
v),
replace
the
words
"
Allowance
Tracking
System
account"
by
the
words
"
general
account"
and
remove
the
words
"
I
shall
abide
by
any
fiduciary
responsibilities
assigned
pursuant
to
the
binding
agreement.".

§
73.32
[
Amended]
9
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
6.
Section
73.32
is
removed
and
reserved.

§
73.33
[
Amended]

7.
Section
73.33
is
amended
by
remove
and
reserve
paragraphs
(
b)
and
(
c).

§
73.34
[
Amended]

8.
Section
73.34
is
amended
by:

a.
Revise
paragraphs
(
a)
and
(
b)
to
read
as
set
forth
below;

b.
In
paragraph
(
c)
introductory
text,
remove
the
words
"
Recordation
in
subaccounts"
and
replace
the
words
"
compliance,

current
year,
and
future
year"
with
the
words
"
compliance
account
and
general
account".

§
73.34
Recordation
in
accounts.

(
a)
After
a
compliance
account
is
established
under
§
73.31(
a)
or
(
b),
the
Administrator
will
record
in
the
compliance
account
any
allowance
allocated
to
any
affected
unit
at
the
source
for
30
years
starting
with
the
later
of
1995
or
the
year
in
which
the
compliance
account
is
established
and
any
allowance
allocated
for
30
years
starting
with
the
later
of
1995
or
the
year
in
which
the
compliance
account
is
established
and
transferred
to
the
source
with
the
transfer
submitted
in
accordance
with
§
73.50.
In
1996
and
each
year
thereafter,
after
Administrator
has
completed
the
deductions
pursuant
to
§
73.35(
b),
the
Administrator
will
record
in
the
compliance
account
10
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
any
allowance
allocated
to
any
affected
unit
at
the
source
for
the
new
30th
year
(
i.
e.,
the
year
that
is
30
years
after
the
calendar
year
for
which
such
deductions
are
made)
and
any
allowance
allocated
for
the
new
30th
year
and
transferred
to
the
source
with
the
transfer
submitted
in
accordance
with
§
73.50.

(
b)
After
a
general
account
is
established
under
§
73.31(
c),

the
Administrator
will
record
in
the
general
account
any
allowance
allocated
for
30
years
starting
with
the
later
of
1995
or
the
year
in
which
the
general
account
is
established
and
transferred
to
the
general
account
with
the
transfer
submitted
in
accordance
with
§
73.50.
In
1996
and
each
year
thereafter,
after
the
Administrator
has
completed
the
deductions
pursuant
to
§
73.35(
b),
the
Administrator
will
record
in
the
general
account
any
allowance
allocated
for
the
new
30th
year
(
i.
e.,
the
year
that
is
30
years
after
the
calendar
year
for
which
such
deductions
are
made)
and
transferred
to
the
general
account
with
the
transfer
submitted
in
accordance
with
§
73.50.

*
*
*
*
*

§
73.35
[
Amended]

9.
Section
73.35
is
amended
by:

a.
In
paragraph
(
a)
introductory
text
and
paragraph
(
a)(
1),

replace
the
words
"
unit's"
by
the
word
"
source's";

b.
In
paragraph
(
a)(
2),
replace
the
word
"
Such"
by
the
word
11
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
"
The";

c.
In
paragraph
(
a)(
2)(
i),
replace
the
words
"
the
unit's
compliance
subaccount"
with
the
words
"
the
source's
compliance
account";

d.
In
paragraph
(
a)(
2)(
ii),
replace
the
words
"
the
unit's
compliance
subaccount"
with
the
words
"
the
source's
compliance
account",
replace
the
words
"
compliance
subaccount
for
the
unit"

by
the
words
"
source's
compliance
account",
and
replace
the
word
"
or"
with
the
word
"
and";

e.
Remove
paragraph
(
a)(
2)(
iii);

f.
Add
a
new
paragraph
(
a)(
3);

g.
In
paragraph
(
b)(
1),
replace
the
words
"
compliance
subaccount"
by
the
words
"
compliance
account",
add,
after
the
words
"
deduct
allowances",
the
words
"
available
for
deduction
under
paragraph
(
a)
of
this
section",
and
replace
the
words
"
each
affected
unit's
compliance
subaccount"
with
the
words
"
each
affected
source's
compliance
account";

h.
In
paragraph
(
b)(
2),
replace
the
words
"
allowances
remain
in
the
compliance
subaccount"
with
the
words
"
allowances
available
for
deduction
under
paragraph
(
a)
of
this
section
remain
in
the
compliance
account";

i.
Remove
paragraph
(
b)(
3);

j.
Revise
paragraph
(
c)(
1)
to
read
as
set
forth
below;
12
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
k.
In
paragraph
(
c)(
2),
replace
the
words
"
for
the
unit"

with
the
words
"
for
the
units
at
the
source",
replace
the
words
"
in
its
compliance
subaccount."
by
the
words
`
in
the
source's
compliance
account.",
replace
the
words
"
from
the
compliance
subaccount"
by
the
words
"
from
the
compliance
account",
and
replace
the
words
"
unit's
compliance
subaccount"
by
the
words
"
source's
compliance
account";

l.
In
paragraph
(
d),
replace
the
words
"
for
each
unit"
by
the
words
"
for
each
source"
and
replace
the
word
"
unit's"
by
the
word
"
source's";
and
m.
Remove
paragraph
(
e).

§
73.35
Compliance.

(
a)
*
*
*

(
1)
*
*
*

(
2)
*
*
*

(
3)
The
allowance
was
not
previously
deducted
by
the
Administrator
in
accordance
with
a
State
SO2
mass
emissions
reduction
program
under
§
51.124(
o)
of
this
chapter
or
otherwise
permanently
retired
in
accordance
with
§
51.124(
p)
of
this
chapter.

(
b)
*
*
*

(
c)(
1)
Identification
of
allowances
by
serial
number.
The
authorized
account
representative
for
a
source's
compliance
13
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
account
may
request
that
specific
allowances,
identified
by
serial
number,
in
the
compliance
account
be
deducted
for
a
calendar
year
in
accordance
with
paragraph
(
b)
or
(
d)
of
this
section.
Such
request
shall
be
submitted
to
the
Administrator
by
the
allowance
transfer
deadline
for
the
year
and
include,
in
a
format
prescribed
by
the
Administrator,
the
identification
of
the
source
and
the
appropriate
serial
numbers.

*
*
*
*
*

§
73.36
[
Amended]

10.
Section
73.36
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
Unit
accounts."
with
the
words
"
Compliance
accounts."
and
replace
with
words
"
compliance
subaccount"
with
the
words
"
compliance
account"

whenever
they
appear;
and
b.
In
paragraph
(
b),
replace
the
words
"
current
year
subaccount"
with
the
words
"
general
account"
whenever
they
appear
and
replace
the
words
"
at
the
end
of
the
current
calendar
year"

by
the
words
"
not
transferred
pursuant
to
subpart
D
to
another
Allowance
Tracking
System
account".

§
73.37
[
Amended]

11.
Section
73.37
is
revised
to
read
as
follows:

§
73.37
Account
error.
The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
14
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
error
in
any
Allowance
Tracking
System
account.
Within
10
business
days
of
making
such
correction,
the
Administrator
will
notify
the
authorized
account
representative
for
the
account.

§
73.38
[
Amended]

12.
Section
73.38
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
delete
the
general
account
from
the
Allowance
Tracking
System."
by
the
words
"
close
the
general
account.";
and
b.
In
paragraph
(
b),
replace
the
words
"
for
a
period
of
a
year
or
more"
by
the
words
"
for
a
12­
month
period
or
longer",

remove
the
words
"
in
its
subaccounts",
replace
the
words
"
will
notify"
by
the
words
"
may
notify",
remove
the
words
"
and
eliminated
from
the
Allowance
Tracking
System"
and
the
last
sentence.

§
73.50
[
Amended]

13.
Section
73.50
is
amended
by:

a.
In
paragraph
(
a),
remove
the
words
",
including,
but
not
limited
to,
transfers
of
an
allowance
to
and
from
contemporaneous
future
year
subaccounts,
and
transfers
of
an
allowance
to
and
from
compliance
subaccounts
and
current
year
subaccounts,
and
transfers
of
all
allowances
allocated
for
a
unit
for
each
calendar
year
in
perpetuity";

b.
In
paragraph
(
b)(
1)(
ii),
remove
the
words
",
or
correct
15
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
indication
on
the
allowance
transfer
where
a
request
involves
the
transfer
of
the
unit's
allowance
in
perpetuity";

c.
In
paragraph
(
b)(
2)(
ii),
remove
the
words
"
Allowance
Tracking
System"
and
"
under
40
CFR
part
73,
or
any
other
remedies"
and
remove
the
comma
after
the
words
"
under
State
or
Federal
law";
and
d.
Remove
paragraph
(
b)(
3).

§
73.51
[
Amended]

14.
Section
73.51
is
removed
and
reserved.

§
73.52
[
Amended]

15.
Section
73.52
is
amended
by:

a.
In
paragraph
(
a),
remove
the
words
"
§
73.50,
§
73.51,

and"
and
add,
after
the
words
"
five
business
days",
the
words
"(
or
longer
as
necessary
to
perform
a
transfer
in
perpetuity
of
allowances
allocated
to
a
unit)";

b.
Revise
paragraphs
(
a)(
1),
(
a)(
2)
and
(
a)(
3);

c.
Remove
paragraph
(
a)(
4);

d.
Revise
paragraph
(
b);
and
e.
Add
a
new
paragraph
(
c)
to
read
as
follows:

§
73.52
EPA
recordation.

(
a)
*
*
*

(
1)
The
transfer
is
correctly
submitted
under
§
73.50;

(
2)
The
transferor
account
includes
each
allowance
16
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
identified
by
serial
number
in
the
transfer;
and
(
3)
If
the
allowances
identified
by
serial
number
specified
pursuant
to
§
73.50(
b)(
1)(
ii)
are
subject
to
the
limitation
on
transfer
imposed
pursuant
to
§
72.44(
h)(
1)(
i)
of
this
chapter,
§
74.42
of
this
chapter,
or
§
74.47(
c)
of
this
chapter,
the
transfer
is
in
accordance
with
such
limitation.

(
b)
To
the
extent
an
allowance
transfer
submitted
for
recordation
after
the
allowance
transfer
deadline
includes
allowances
allocated
for
any
year
before
the
year
in
which
the
allowance
transfer
deadline
occurs,
the
transfer
of
such
allowance
will
not
be
recorded
until
after
completion
of
the
deductions
pursuant
to
§
73.35(
b)
for
year
before
the
year
in
which
the
allowance
transfer
deadline
occurs.

(
c)
Where
an
allowance
transfer
submitted
for
recordation
fails
to
meet
the
requirements
of
paragraph
(
a)
of
this
section,

the
Administrator
will
not
record
such
transfer.

§
73.70
[
Amended]

16.
Section
73.70
is
amended
by:

a.
In
paragraph
(
e),
remove
the
last
two
sentences.

b.
In
paragraph
(
f),
replace
the
words
"
the
subaccount"
by
the
words
"
the
Allowance
Tracking
System
account";
and
c.
In
paragraph
(
i)(
1),
add,
after
the
words
"
Allowance
Tracking
System
account
of
each",
the
words
"
source
that
17
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
includes
a".

PART
74
 
SULFUR
DIOXIDE
OPT­
INS
1.
The
authority
citation
for
part
74
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7601
and
7651,
et
seq.

§
74.4
[
Amended]

2.
Section
74.4
is
amended
by:

a.
In
paragraph
(
c)(
1),
replace
the
words
"
a
combustion
or
process
source
that
is
located"
by
the
words
"
one
or
more
combustion
or
process
sources
that
are
located",
replace
the
words
"
such
combustion
or
process
source
and
thereafter,
does"
by
the
words
"
such
combustion
or
process
sources
and
thereafter,

do",
and
replace
the
words
"
designate,
for
such
combustion
or
process
source"
by
the
words
"
designate,
for
such
combustion
or
process
sources";
and
b.
In
paragraph
(
c)(
2),
replace
the
words
"
the
combustion
or
process
source"
by
the
words
"
the
combustion
or
process
sources"

whenever
they
occur
and
replace
the
word
"
meets"
by
the
word
"
meet".

§
74.18
[
Amended]

3.
Section
74.18
is
amended,
in
paragraph
(
d),
remove
the
last
sentence.
18
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
§
74.40
[
Amended]

4.
Section
74.40
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
an
opt­
in
account"

by
the
words
"
a
compliance
account",
replace
the
words
"
an
account"
by
the
words
"
a
compliance
account
(
unless
the
source
that
includes
the
opt­
in
source
already
has
a
compliance
account
or
the
opt­
in
source
has,
under
§
74.4(
c),
a
different
designated
representative
than
the
designated
representative
for
the
source)",
and
remove
the
last
sentence.

b.
In
paragraph
(
b),
replace
the
words
"
allowance
account
in
the
Allowance
Tracking
System"
by
the
words
"
compliance
account
(
unless
the
source
that
includes
the
opt­
in
source
already
has
a
compliance
account
or
the
opt­
in
source
has,
under
§
74.4(
c),
a
different
designated
representative
than
the
designated
representative
for
the
source)".

§
74.42
[
Amended]

5.
Section
74.42
is
revised
to
read
as
follows:

§
74.42
Limitation
on
transfers.
(
a)
With
regard
to
a
transfer
request
submitted
for
recordation
during
the
period
starting
January
1
and
ending
with
the
allowance
transfer
deadline
in
the
same
year,
the
Administrator
will
not
record
a
transfer
of
an
opt­
in
allowance
that
is
allocated
to
an
opt­
in
source
for
the
year
in
which
the
transfer
request
is
submitted
or
19
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
a
subsequent
year.

(
b)
With
regard
to
a
transfer
request
during
the
period
starting
with
the
day
after
an
allowance
transfer
deadline
and
ending
December
31
in
the
same
year,
the
Administrator
will
not
record
a
transfer
of
an
opt­
in
allowance
that
is
allocated
to
an
opt­
in
source
for
a
year
after
the
year
in
which
the
transfer
request
is
submitted.

§
74.43
[
Amended]

6.
Section
74.43
is
amended
by:

a.
In
paragraph
(
a),
remove
the
words
"
in
lieu
of
any
annual
compliance
certification
report
required
under
subpart
I
of
part
72
of
this
chapter";

b.
In
paragraph
(
b)(
7),
replace
the
word
"
At"
by
the
words,

"
In
an
annual
compliance
certification
report
for
a
year
during
1995
through
2005,
at";
and
c.
In
paragraph
(
b)(
8),
replace
the
word
"
The"
by
the
words,

"
In
an
annual
compliance
certification
report
for
a
year
during
1995
through
2005,
the".

§
74.44
[
Amended]

7.
Section
74.44
is
amended
by:

a.
In
paragraph
(
c)(
1)(
ii),
remove
the
words
"
opt­
in
source's"
and
add,
after
the
word
"
System"
the
words
"
of
the
source
that
includes
the
opt­
in
source";
20
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
b.
In
paragraphs
(
c)(
2)(
iii)(
C),
(
c)(
2)(
iii)(
D),

(
c)(
2)(
iii)(
E)
introductory
text,
and
(
c)(
2)(
iii)(
E)(
3),
replace
the
words
"
opt­
in
source's
compliance
subaccount"
by
the
words
"
compliance
account
of
the
source
that
includes
the
opt­
in
source"
whenever
they
occur;
and
c.
In
paragraph
(
c)(
2)(
iii)(
F),
replace
the
words
"
opt­
in
source's
compliance
subaccount"
by
the
words
"
compliance
account
of
the
source
that
includes
the
opt­
in
source"
and
replace
the
words
"
source's
compliance
subaccount"
by
the
words
"
compliance
account
of
the
source
that
includes
the
opt­
in
source".

§
74.46
[
Amended]

8.
Section
74.46
is
amended
by
removing
and
reserving
paragraph
(
b)(
2).

§
74.47
[
Amended]

9.
Section
74.47
is
amended
by:

a.
In
paragraph
(
a)(
3)(
iv),
remove
the
words
"
opt­
in
source's"
and
add,
after
the
word
"
System",
the
words
"
of
the
source
that
includes
the
opt­
in
source";

b.
In
paragraph
(
a)(
3)(
v),
replace
the
word
"
Each"
by
the
word
"
The",
remove
the
words
"
replacement
unit's"
and
"(
ATS)",

and
add,
after
the
word
"
System",
the
words
"
of
each
source
that
includes
a
replacement
unit";

c.
In
paragraph
(
a)(
6),
replace
the
words
"
Allowance
21
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
Tracking
System
account
of
each
replacement
unit"
by
the
words
"
compliance
account
of
each
source
that
includes
a
replacement
unit";

d.
In
paragraph
(
c),
replace
the
words
"
unit
account"
by
the
words
"
compliance
account
of
the
source
that
includes
the
replacement
unit"
and
replace
the
words
"
account
in
the
Allowance
Tracking
System"
by
the
words
"
Allowance
Tracking
System
account";

e.
In
paragraph
(
d)(
1)(
ii)(
C),
remove
the
words
"
opt­
in
source's"
and
"(
ATS)"
and
add,
after
the
word
"
System",
the
words
"
of
the
source
that
includes
the
opt­
in
source";

f.
In
paragraph
(
d)(
1)(
ii)(
D),
replace
the
words
"(
ATS)
for
each"
by
the
words
"
of
each
source
that
includes
a";

g.
In
paragraph
(
d)(
2)(
i),
replace
the
words
"
Allowance
Tracking
System
accounts
for
the
opt­
in
source
and
for
each
replacement
unit"
by
the
words
"
compliance
account
for
each
source
that
includes
the
opt­
in
source
or
a
replacement
unit";

h.
In
paragraph
(
d)(
2)(
i)(
B),
replace
the
words
"
Allowance
Tracking
System
account
of
the
opt­
in
source"
by
the
words
"
compliance
account
of
the
source
that
includes
the
opt­
in
source";
and
i.
In
paragraph
(
d)(
2)(
ii),
replace
the
words
"
Allowance
Tracking
System
accounts
for
the
opt­
in
source
and
for
each
22
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
replacement
unit"
by
the
words
"
compliance
account
for
each
source
that
includes
the
opt­
in
source
or
a
replacement
unit".

§
74.49
[
Amended]

10.
Section
74.49
is
amended,
in
paragraph
(
a),
replace
the
words
"
an
opt­
in
source's
compliance
subaccount"
by
the
words
"
the
compliance
account
of
a
source
that
includes
an
opt­
in
source".

§
74.50
[
Amended]

11.
Section
74.50
is
amended
by:

a.
In
paragraph
(
a)(
2)
introductory
text,
add,
after
the
words
"
the
account
of
the"
the
words
"
source
that
includes";

b.
In
paragraph
(
a)(
2)(
i),
replace
the
words
"
opt­
in
source's
compliance
subaccount"
by
the
words
"
the
compliance
account
of
the
source
that
includes
the
opt­
in
source";
and
c.
In
paragraph
(
b),
replace
the
words
"
the
opt­
in
source's
unit
account"
by
the
words
"
the
compliance
account
of
the
source
that
includes
the
opt­
in
source";
and
d.
In
paragraph
(
d),
replace
the
words
"
an
opt­
in
source
does
not
hold"
by
the
words
"
the
source
that
includes
the
opt­
in
source
does
not
hold".

PART
77
 
EXCESS
EMISSIONS
1.
The
authority
citation
for
part
77
continues
to
read
as
23
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
follows:

Authority:
42
U.
S.
C.
7601
and
7651,
et
seq.

§
77.3
[
Amended]

2.
Section
77.3
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
affected
unit"
by
the
words
"
affected
source"
and
replace
the
word
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
source's
compliance
account";

b.
In
paragraphs
(
b)
and
(
c),
replace
the
word
"
unit"
by
the
word
"
source"
wherever
it
appears;
and
c.
In
paragraph
(
d)
introductory
text
and
paragraphs
(
d)(
1)

and
(
d)(
2),
replace
the
word
"
unit"
by
the
word
"
source"
whenever
it
appears;

d.
In
paragraphs
(
d)(
3)
and
(
d)(
4),
replace
the
words
"
unit's
Allowance
Tracking
System
account"
by
the
words
"
source's
compliance
account's"
whenever
they
appear;
and
e.
In
paragraph
(
d)(
5),
replace
the
words
"
unit's
compliance
subaccount"
by
the
words
"
source's
compliance
account".

§
77.4
[
Amended]

3.
Section
77.4
is
amended
by:

a.
In
paragraph
(
b)(
1),
replace
the
words
"
unit's
compliance
subaccount"
by
the
words
"
source's
compliance
account";
and
b.
In
paragraphs
(
c)(
1)(
ii)(
A),
(
d)(
1),
(
d)(
2),
(
d)(
3),
24
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
(
e)(
iv),
(
g)(
2)(
ii),
(
g)(
3)(
ii),
and
(
g)(
3)(
iii),
replace
the
word
"
unit"
by
the
word
"
source";
and
c.
In
paragraph
(
k)(
2),
replace
the
words
"
unit's
compliance
subaccount"
by
the
words
"
source's
compliance
account"
and
replace
the
word
"
unit"
by
the
word
"
source".

§
77.5
[
Amended]

4.
Section
77.5
is
amended
by:

a.
In
paragraph
(
b),
replace
the
words
"
compliance
subaccount"
with
the
words
"
compliance
account";

b.
In
paragraph
(
c),
replace
the
words
",
from
the
unit's
compliance
subaccount"
with
the
words
"
allocated
for
the
year
after
the
year
in
which
the
source
has
excess
emissions,
from
the
source's
compliance
account"
and
replace
the
word
"
unit's"
by
the
word
"
source's";
and
c.
Remove
paragraph
(
d).

§
77.6
[
Amended]

5.
Section
77.6
is
amended
by:

a.
In
paragraph
(
a)(
1),
add,
after
the
words
"
sulfur
dioxide",
the
words
"
occur
at
the
affected
source"
and
replace
the
words
"
owners
and
operators
of
the
affected
unit"
by
the
words
"
owners
and
operators
respectively
of
the
affected
source
and
the
affected
units
at
the
source
or
of
the
affected
unit";

b.
In
paragraph
(
b)(
1)(
i)(
A),
replace
the
word
"
unit"
by
the
25
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
words
"
source
or
unit
as
appropriate";
and
c.
In
paragraphs
(
b)(
3),(
c),
and
(
f),
replace
the
word
"
unit"
by
the
words
"
source
or
unit
as
appropriate".

PART
78
 
APPEAL
PROCEDURES
1.
The
title
of
this
part
is
amended
by
replace
the
words
"
APPEAL
PROCEDURES
FOR
ACID
RAIN
PROGRAM"
by
the
words
"
APPEAL
PROCEDURES".

2.
The
authority
citation
for
part
78
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401,
7403,
7410,
7426,
7601,
and
7651,
et
seq.

§
78.1
[
Amended]

3.
Section
78.1
is
amended
by:

a.
In
paragraph
(
a)(
1),
replace
the
words
"
parts
72,
73,

74,
75,
76,
or
77
of
this
chapter
or
part
97
of
this
chapter"
by
the
words
"
part
72,
73,
74,
75,
76,
or
77
of
this
chapter,

subparts
AA
through
II
of
part
96
of
this
chapter,
subparts
AAA
through
III
of
part
96
of
this
chapter,
and
subparts
AAAA
through
subparts
IIII
of
part
96
of
this
chapter,
or
part
97
of
this
chapter";

b.
Revise
paragraph
(
b)(
2)(
i);

c.
Add
new
paragraphs
(
b)(
7)
and
(
b)(
8)
to
read
as
follows:

§
78.1
Purpose
and
scope.
26
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
(
b)
*
*
*
*
*

(
2)
*
*
*

(
i)
The
correction
of
an
error
in
an
Allowance
Tracking
System
account;

*
*
*
*
*

(
7)
Under
subparts
AA
through
II
of
part
96
of
this
chapter,

(
i)
The
decision
on
the
allocation
of
CAIR
NOX
allowances
under
§
96.141(
a)(
2),
(
b)(
2),
or
(
c)(
2).

(
ii)
The
decision
on
the
deduction
of
CAIR
NOX
allowances,

and
the
adjustment
of
the
information
in
a
submission
and
the
decision
on
the
deduction
or
transfer
of
CAIR
NOX
allowances
based
on
the
information
as
adjusted,
under
§
96.154;

(
iii)
The
correction
of
an
error
in
a
CAIR
NOX
Allowance
Tracking
System
account
under
§
96.156;

(
iii)
The
decision
on
the
transfer
of
CAIR
NOX
allowances
under
§
96.161;

(
iv)
The
finalization
of
control
period
emissions
data,

including
retroactive
adjustment
based
on
audit;

(
v)
The
approval
or
disapproval
of
a
petition
under
§
96.175.

(
8)
Under
subparts
AAA
through
III
of
part
96
of
this
chapter,

(
i)
The
decision
on
the
deduction
of
CAIR
SO2
allowances,
27
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
and
the
adjustment
of
the
information
in
a
submission
and
the
decision
on
the
deduction
or
transfer
of
CAIR
SO2
allowances
based
on
the
information
as
adjusted,
under
§
96.254;

(
ii)
The
correction
of
an
error
in
a
CAIR
SO2
Allowance
Tracking
System
account
under
§
97.256;

(
iii)
The
decision
on
the
transfer
of
CAIR
SO2
allowances
under
§
96.261;

(
iv)
The
finalization
of
control
period
emissions
data,

including
retroactive
adjustment
based
on
audit;

(
v)
The
approval
or
disapproval
of
a
petition
under
§
96.275.

(
9)
Under
subparts
AAAA
through
IIII
of
part
96
of
this
chapter,

(
i)
The
decision
on
the
allocation
of
CAIR
NOX
Ozone
Season
allowances
under
§
96.341(
a)(
2),
(
b)(
2),
or
(
c)(
2).

(
ii)
The
decision
on
the
deduction
of
CAIR
NOX
Ozone
Season
allowances,
and
the
adjustment
of
the
information
in
a
submission
and
the
decision
on
the
deduction
or
transfer
of
CAIR
NOX
Ozone
Season
allowances
based
on
the
information
as
adjusted,
under
§
96.354;

(
iii)
The
correction
of
an
error
in
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account
under
§
96.356;

(
iii)
The
decision
on
the
transfer
of
CAIR
NOX
Ozone
Season
28
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
allowances
under
§
96.361;

(
iv)
The
finalization
of
control
period
emissions
data,

including
retroactive
adjustment
based
on
audit;

(
v)
The
approval
or
disapproval
of
a
petition
under
§
96.375.

§
78.3
[
Amended]

4.
Section
78.3
is
amended
by:

a.
In
paragraph
(
b)(
3)(
i),
add,
after
the
words
"(
unless
the
NOX
authorized
account
representative
is
the
petitioner)",

the
words
"
or
the
CAIR
designated
representative,
CAIR
NOX
authorized
account
representative,
CAIR
SO2
authorized
account
representative,
or
CAIR
NOX
Ozone
Season
authorized
account
representative
under
paragraph
(
a)(
4),
(
5),
or
(
6)
of
this
section
(
unless
the
CAIR
designated
representative
or
CAIR
authorized
account
representative
is
the
petitioner)";

b.
In
paragraph
(
c)(
7),
replace
the
words
"
or
part
97
of
this
chapter,
as
appropriate"
by
the
words
",
subparts
AA
through
II
of
part
96
of
this
chapter,
subparts
AAA
through
III
of
part
96
of
this
chapter,
subparts
AAAA
through
IIII
of
part
96
of
this
chapter,
or
part
97
of
this
chapter,
as
appropriate";

c.
In
paragraph
(
d)(
3),
add,
after
the
words
"
under
the
NOX
Budget
Trading
Program",
the
words
"
or
on
an
account
certificate
of
representation
submitted
by
a
CAIR
designated
representative
29
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
or
an
application
for
a
general
account
submitted
by
a
CAIR
NOX
authorized
account
representative
under
subparts
AA
through
II
of
part
96
of
this
chapter,
a
CAIR
SO2
authorized
account
representative
under
subparts
AAA
through
III
of
part
96
of
this
chapter,
or
a
CAIR
NOX
Ozone
Season
authorized
account
representative
under
subparts
AAAA
through
IIII
of
part
96
of
this
chapter";

d.
Add
new
paragraphs
(
a)(
4),
(
a)(
5),
(
d)(
5),
and
(
d)(
6)
to
read
as
follows:

§
78.3
Petition
for
administrative
review
and
request
for
evidentiary
hearing.

(
a)
*
*
*

(
4)
The
following
persons
may
petition
for
administrative
review
of
a
decision
of
the
Administrator
that
is
made
under
subparts
AA
through
II
of
part
96
and
that
is
appealable
under
§
78.1(
a)
of
this
part:

(
i)
The
CAIR
designated
representative
for
a
unit
or
source,

or
the
CAIR
NOX
authorized
account
representative
for
any
CAIR
NOX
Allowance
Tracking
System
account,
covered
by
the
decision;

or
(
ii)
Any
interested
person.

(
5)
The
following
persons
may
petition
for
administrative
review
of
a
decision
of
the
Administrator
that
is
made
under
30
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
subparts
AAA
through
III
of
part
96
and
that
is
appealable
under
§
78.1(
a)
of
this
part:

(
i)
The
CAIR
designated
representative
for
a
unit
or
source,

or
the
CAIR
SO2
authorized
account
representative
for
any
CAIR
SO2
Allowance
Tracking
System
account,
covered
by
the
decision;

or
(
ii)
Any
interested
person.

(
6)
The
following
persons
may
petition
for
administrative
review
of
a
decision
of
the
Administrator
that
is
made
under
subparts
AAAA
through
IIII
of
part
96
and
that
is
appealable
under
§
78.1(
a)
of
this
part:

(
i)
The
CAIR
designated
representative
for
a
unit
or
source,

or
the
CAIR
NOX
Ozone
Season
authorized
account
representative
for
any
CAIR
Ozone
Season
NOX
Allowance
Tracking
System
account,

covered
by
the
decision;
or
(
ii)
Any
interested
person.

*
*
*
*
*

(
d)
*
*
*

(
5)
Any
provision
or
requirement
of
subparts
AA
through
HH
of
part
96,
including
the
standard
requirements
under
§
96.106
of
this
chapter
and
any
emission
monitoring
or
reporting
requirements.

(
6)
Any
provision
or
requirement
of
subparts
AAA
through
HHH
31
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
of
part
96,
including
the
standard
requirements
under
§
96.206
of
this
chapter
and
any
emission
monitoring
or
reporting
requirements.

*
*
*
*
*

§
78.4
[
Amended]

5.
Section
78.4
is
amended
by
adding
two
new
sentences
after
the
fifth
sentence
in
paragraph
(
a)
to
read
as
follows:

§
78.4
Filings.

(
a)
*
*
*
Any
filings
on
behalf
of
owners
and
operators
of
a
CAIR
NOX,
SO2,
or
NOX
Ozone
Season
unit
or
source
shall
be
signed
by
the
CAIR
designated
representative.
Any
filings
on
behalf
of
persons
with
an
interest
in
CAIR
NOX
allowances
in
a
general
account
shall
be
signed
by
the
CAIR
NOX
authorized
account
representative.
Any
filings
on
behalf
of
persons
with
an
interest
in
CAIR
SO2
allowances
in
a
general
account
shall
be
signed
by
the
CAIR
SO2
authorized
account
representative.
Any
filings
on
behalf
of
persons
with
an
interest
in
CAIR
NOX
Ozone
Season
allowances
in
a
general
account
shall
be
signed
by
the
CAIR
NOX
Ozone
Season
authorized
account
representative.
*
*
*

*
*
*
*
*

§
78.5
[
Amended]

6.
Section
78.5
is
amended,
in
paragraph
(
a),
by
removing
the
words
",
or
a
claim
or
error
notification
was
submitted,"
the
32
Section
I
3/
4/
2005
DRAFT
Do
Not
Quote
or
Cite
words
"
or
in
the
claim
of
error
notification",
and
the
words
"
or
the
period
for
submitting
a
claim
of
error
notification".

§
78.12
[
Amended]

7.
Section
78.12
is
amended
by:

a.
In
paragraph
(
a)
introductory
text,
remove
the
words
",
or
to
submit
a
claim
of
error
notification";

b.
In
paragraph
(
a)(
2),
replace
the
words
"
NOX
Budget
permit"
by
the
words
",
NOX
Budget
permit,
CAIR
permit,".

§
78.13
[
Amended]

8.
Section
78.13
is
amended
by,
in
paragraph
(
b),
removing
the
word
"
also".
