Title
40,
chapter
I,
of
the
Code
of
Federal
Regulations
is
revised
as
follows:

PART
51
 
[
AMENDED]

1.
The
authority
citation
for
Part
51
continues
to
read
as
follows:

Authority:
23
U.
S.
C.
101;
42
U.
S.
C.
7401­
7671q.

§
51.121
[
AMENDED]

2.
Section
51.121
is
amended
by
adding
a
new
paragraph
(
r)

to
read
as
follows:

§
51.121
Findings
and
requirements
for
submission
of
State
implementation
plan
revisions
relating
to
emissions
of
oxides
of
nitrogen.

(
a)
*
*
*

*
*
*
*
*

(
r)(
1)
Notwithstanding
any
provisions
of
paragraph
(
p)
of
this
section,
subparts
A
through
I
of
part
96
of
this
chapter,

and
any
State's
SIP
to
the
contrary,
the
Administrator
will
not
carry
out
any
of
the
functions
set
for
forth
the
Administrator
in
subparts
A
through
I
of
part
96
of
this
chapter,
or
in
any
emissions
trading
program
in
a
State's
SIP
approved
under
paragraph
(
p)
of
this
section,
with
regard
to
any
ozone
season
that
occurs
after
September
30,
2008.

(
2)
Except
as
provided
in
§
51.123(
bb),
a
State
whose
SIP
is
approved
as
meeting
the
requirements
of
this
section
and
that
includes
an
emissions
trading
program
approved
under
paragraph
(
p)
of
this
section
must
revise
the
SIP
to
adopt
control
measures
that
satisfy
the
same
portion
of
the
State's
NOX
emission
reduction
requirements
under
this
section
as
the
State
projected
such
emissions
trading
program
would
satisfy.

2.
Part
51
is
revised
by
revising
§
51.122
of
subpart
G
to
read
as
follows:

§
51.122
Emissions
reporting
requirements
for
SIP
revisions
relating
to
budgets
for
NOX
emissions.

(
a)
For
its
transport
SIP
revision
under
§
51.121
of
this
part,
each
State
must
submit
to
EPA
NOX
emissions
data
as
described
in
this
section.

(
b)
Each
revision
must
provide
for
periodic
reporting
by
the
State
of
NOX
emissions
data
to
demonstrate
whether
the
State's
emissions
are
consistent
with
the
projections
contained
in
its
approved
SIP
submission.

(
1)
Annual
reporting.
Each
revision
must
provide
for
annual
reporting
of
NOX
emissions
data
as
follows:

(
i)
The
State
must
report
to
EPA
emissions
data
from
all
NOX
sources
within
the
State
for
which
the
State
specified
control
measures
in
its
SIP
submission
under
§
51.121(
g)
of
this
part.

This
would
include
all
sources
for
which
the
State
has
adopted
measures
that
differ
from
the
measures
incorporated
into
the
baseline
inventory
for
the
year
2007
that
the
State
developed
in
accordance
with
§
51.121(
g)
of
this
part.

(
ii)
If
sources
report
NOX
emissions
data
to
EPA
annually
pursuant
to
a
trading
program
approved
under
§
51.121(
p)
of
this
part
or
pursuant
to
the
monitoring
and
reporting
requirements
of
subpart
H
of
40
CFR
part
75,
then
the
State
need
not
provide
annual
reporting
to
EPA
for
such
sources.

(
2)
Triennial
reporting.
Each
plan
must
provide
for
triennial
(
i.
e.,
every
third
year)
reporting
of
NOX
emissions
data
from
all
sources
within
the
State.

(
3)
The
data
availability
requirements
in
§
51.116
of
this
part
must
be
followed
for
all
data
submitted
to
meet
the
requirements
of
paragraphs
(
b)(
1)
and
(
2)
of
this
section.

(
c)
The
data
reported
in
paragraph
(
b)
of
this
section
for
stationary
point
sources
must
meet
the
following
minimum
criteria:

(
1)
For
annual
data
reporting
purposes
the
data
must
include
the
following
minimum
elements:

(
i)
Inventory
year.

(
ii)
State
Federal
Information
Placement
System
code.

(
iii)
County
Federal
Information
Placement
System
code.

(
iv)
Federal
ID
code
(
plant).

(
v)
Federal
ID
code
(
point).

(
vi)
Federal
ID
code
(
process).

(
vii)
Federal
ID
code
(
stack).

(
viii)
Site
name.
(
ix)
Physical
address.

(
x)
SCC.

(
xi)
Pollutant
code.

(
xii)
Ozone
season
emissions.

(
xiii)
Area
designation.

(
2)
In
addition,
the
annual
data
must
include
the
following
minimum
elements
as
applicable
to
the
emissions
estimation
methodology.

(
i)
Fuel
heat
content
(
annual).

(
ii)
Fuel
heat
content
(
seasonal).

(
iii)
Source
of
fuel
heat
content
data.

(
iv)
Activity
throughput
(
annual).

(
v)
Activity
throughput
(
seasonal).

(
vi)
Source
of
activity/
throughput
data.

(
vii)
Spring
throughput
(%).

(
viii)
Summer
throughput
(%).

(
ix)
Fall
throughput
(%).

(
x)
Work
weekday
emissions.

(
xi)
Emission
factor.

(
xii)
Source
of
emission
factor.

(
xiii)
Hour/
day
in
operation.

(
xiv)
Operations
Start
time
(
hour).

(
xv)
Day/
week
in
operation.

(
xvi)
Week/
year
in
operation.

(
3)
The
triennial
inventories
must
include
the
following
data
elements:

(
i)
The
data
required
in
paragraphs
(
c)(
1)
and
(
c)(
2)
of
this
section.

(
ii)
X
coordinate
(
longitude).

(
iii)
Y
coordinate
(
latitude).

(
iv)
Stack
height.

(
v)
Stack
diameter.

(
vi)
Exit
gas
temperature.

(
vii)
Exit
gas
velocity.

(
viii)
Exit
gas
flow
rate.

(
ix)
SIC.

(
x)
Boiler/
process
throughput
design
capacity.

(
xi)
Maximum
design
rate.

(
xii)
Maximum
capacity.

(
xiii)
Primary
control
efficiency.

(
xiv)
Secondary
control
efficiency.

(
xv)
Control
device
type.

(
d)
The
data
reported
in
paragraph
(
b)
of
this
section
for
non­
point
sources
must
include
the
following
minimum
elements:

(
1)
For
annual
inventories
it
must
include:

(
i)
Inventory
year.

(
ii)
State
FIPS
code.

(
iii)
County
FIPS
code.

(
iv)
SCC.

(
v)
Emission
factor.
(
vi)
Source
of
emission
factor.

(
vii)
Activity/
throughput
level(
annual).

(
viii)
Activity
throughput
level(
seasonal).

(
ix)
Source
of
activity/
throughput
data.

(
x)
Spring
throughput
(%).

(
xi)
Summer
throughput
(%).

(
xii)
Fall
throughput
(%).

(
xiii)
Control
efficiency
(%).

(
xiv)
Pollutant
code.

(
xv)
Ozone
season
emissions.

(
xvi)
Source
of
emissions
data.

(
xvii)
Hour/
day
in
operation.

(
xviii)
Day/
week
in
operation.

(
xix)
Week/
year
in
operations.

(
2)
The
triennial
inventories
must
contain,
at
a
minimum,

all
the
data
required
in
paragraph
(
d)(
1)
of
this
section.

(
e)
The
data
reported
in
paragraph
(
b)
of
this
section
for
mobile
sources
must
meet
the
following
minimum
criteria:

(
1)
For
the
annual
and
triennial
inventory
purposes,
the
following
data
must
be
reported:

(
i)
Inventory
year.

(
ii)
State
FIPS
code.

(
iii)
County
FIPS
code.

(
iv)
SCC.

(
v)
Emission
factor.
(
vi)
Source
of
emission
factor.

(
vii)
Activity
(
this
must
be
reported
for
both
highway
and
nonroad
activity.
Submit
nonroad
activity
in
the
form
of
hours
of
activity
at
standard
load
(
either
full
load
or
average
load)

for
each
engine
type,
application,
and
horsepower
range.
Submit
highway
activity
in
the
form
of
vehicle
miles
traveled
(
VMT)
by
vehicle
class
on
each
roadway
type.
Report
both
highway
and
nonroad
activity
for
a
typical
ozone
season
weekday
day,
if
the
State
uses
EPA's
default
weekday/
weekend
activity
ratio.
If
the
State
uses
a
different
weekday/
weekend
activity
ratio,
submit
separate
activity
level
information
for
weekday
days
and
weekend
days.)

(
viii)
Source
of
activity
data.

(
ix)
Pollutant
code.

(
x)
Summer
work
weekday
emissions.

(
xi)
Ozone
season
emissions.

(
xii)
Source
of
emissions
data.

(
2)
[
Reserved.]

(
f)
Approval
of
ozone
season
calculation
by
EPA.
Each
State
must
submit
for
EPA
approval
an
example
of
the
calculation
procedure
used
to
calculate
ozone
season
emissions
along
with
sufficient
information
for
EPA
to
verify
the
calculated
value
of
ozone
season
emissions.

(
g)
Reporting
schedules.

(
1)
Data
collection
is
to
begin
during
the
ozone
season
one
year
prior
to
the
State's
NOX
SIP
Call
compliance
date.

(
2)
Reports
are
to
be
submitted
according
to
paragraph
(
b)

of
this
section
and
the
schedule
in
Table
1.
After
2008,

trienniel
reports
are
to
be
submitted
every
third
year
and
annual
reports
are
to
be
submitted
each
year
that
a
trienniel
report
is
not
required.

Table
1.
Schedule
for
Submitting
Reports
Data
Collection
Year
Type
of
Report
Required
2002
Trienniel
2003
Annual
2004
Annual
2005
Trienniel
2006
Annual
2007
Annual
2008
Trienniel
(
3)
States
must
submit
data
for
a
required
year
no
later
than
12
months
after
the
end
of
the
calendar
year
for
which
the
data
are
collected.

(
h)
Data
Reporting
Procedures.
When
submitting
a
formal
NOX
budget
emissions
report
and
associated
data,
States
shall
notify
the
appropriate
EPA
Regional
Office.

(
1)
States
are
required
to
report
emissions
data
in
an
electronic
format
to
EPA.
Several
options
are
available
for
data
reporting.
States
can
obtain
information
on
the
current
formats
at
the
following
Internet
address:
http://
www.
epa.
gov/
ttn/
chief,
by
calling
the
EPA
Info
CHIEF
help
desk
at
(
919)
541­
1000
or
by
sending
an
email
to
info.
chief@
epa.
gov.
Because
electronic
reporting
technology
continually
changes,
States
are
to
contact
the
Emission
Inventory
Group
(
EIG)
for
the
latest
specific
formats.

(
2)
For
annual
reporting
(
not
for
triennial
reports),
a
State
may
have
sources
submit
the
data
directly
to
EPA
to
the
extent
the
sources
are
subject
to
a
trading
program
that
qualifies
for
approval
under
§
51.121(
q)
of
this
part,
and
the
State
has
agreed
to
accept
data
in
this
format.
The
EPA
will
make
both
the
raw
data
submitted
in
this
format
and
summary
data
available
to
any
State
that
chooses
this
option.

(
i)
Definitions.
As
used
in
this
section,
the
following
words
and
terms
shall
have
the
meanings
set
forth
below:

(
1)
Annual
emissions.
Actual
emissions
for
a
plant,
point,

or
process,
either
measured
or
calculated.

(
2)
Ash
content.
Inert
residual
portion
of
a
fuel.

(
3)
Area
designation.
The
designation
of
the
area
in
which
the
reporting
source
is
located
with
regard
to
the
ozone
NAAQS.

This
would
include
attainment
or
nonattainment
designations.
For
nonattainment
designations,
the
classification
of
the
nonattainment
area
must
be
specified,
i.
e.,
transitional,

marginal,
moderate,
serious,
severe,
or
extreme.

(
4)
Boiler
design
capacity.
A
measure
of
the
size
of
a
boiler,
based
on
the
reported
maximum
continuous
steam
flow.
Capacity
is
calculated
in
units
of
MMBtu/
hr.

(
5)
Control
device
type.
The
name
of
the
type
of
control
device
(
e.
g.,
wet
scrubber,
flaring,
or
process
change).

(
6)
Control
efficiency.
The
emissions
reduction
efficiency
of
a
primary
control
device,
which
shows
the
amount
of
reductions
of
a
particular
pollutant
from
a
process's
emissions
due
to
controls
or
material
change.
Control
efficiency
is
usually
expressed
as
a
percentage
or
in
tenths.

(
7)
Day/
week
in
operations.
Days
per
week
that
the
emitting
process
operates.

(
8)
Emission
factor.
Ratio
relating
emissions
of
a
specific
pollutant
to
an
activity
or
material
throughput
level.

(
9)
Exit
gas
flow
rate.
Numeric
value
of
stack
gas
flow
rate.

(
10)
Exit
gas
temperature.
Numeric
value
of
an
exit
gas
stream
temperature.

(
11)
Exit
gas
velocity.
Numeric
value
of
an
exit
gas
stream
velocity.

(
12)
Fall
throughput
(%).
Portion
of
throughput
for
the
3
fall
months
(
September,
October,
November).
This
represents
the
expression
of
annual
activity
information
on
the
basis
of
four
seasons,
typically
spring,
summer,
fall,
and
winter.
It
can
be
represented
either
as
a
percentage
of
the
annual
activity
(
e.
g.,

production
in
summer
is
40
percent
of
the
year's
production),
or
in
terms
of
the
units
of
the
activity
(
e.
g.,
out
of
600
units
produced,
spring
=
150
units,
summer
=
250
units,
fall
=
150
units,
and
winter
=
50
units).

(
13)
Federal
ID
code
(
plant).
Unique
codes
for
a
plant
or
facility,
containing
one
or
more
pollutant­
emitting
sources.

(
14)
Federal
ID
code
(
point).
Unique
codes
for
the
point
of
generation
of
emissions,
typically
a
physical
piece
of
equipment.

(
15)
Federal
ID
code
(
stack
number).
Unique
codes
for
the
point
where
emissions
from
one
or
more
processes
are
released
into
the
atmosphere.

(
16)
Federal
Information
Placement
System
(
FIPS).
The
system
of
unique
numeric
codes
developed
by
the
government
to
identify
States,
counties,
towns,
and
townships
for
the
entire
United
States,
Puerto
Rico,
and
Guam.

(
17)
Heat
content.
The
thermal
heat
energy
content
of
a
solid,
liquid,
or
gaseous
fuel.
Fuel
heat
content
is
typically
expressed
in
units
of
Btu/
lb
of
fuel,
Btu/
gal
of
fuel,
joules/
kg
of
fuel,
etc.

(
18)
Hr/
day
in
operations.
Hours
per
day
that
the
emitting
process
operates.

(
19)
Maximum
design
rate.
Maximum
fuel
use
rate
based
on
the
equipment's
or
process'
physical
size
or
operational
capabilities.

(
20)
Maximum
nameplate
capacity.
A
measure
of
the
size
of
a
generator
which
is
put
on
the
unit's
nameplate
by
the
manufacturer.
The
data
element
is
reported
in
megawatts
(
MW)
or
kilowatts
(
KW).

(
21)
Mobile
source.
A
motor
vehicle,
nonroad
engine
or
nonroad
vehicle,
where:

(
i)
Motor
vehicle
means
any
self­
propelled
vehicle
designed
for
transporting
persons
or
property
on
a
street
or
highway;

(
ii)
Nonroad
engine
means
an
internal
combustion
engine
(
including
the
fuel
system)
that
is
not
used
in
a
motor
vehicle
or
a
vehicle
used
solely
for
competition,
or
that
is
not
subject
to
standards
promulgated
under
section
111
or
section
202
of
the
CAA;

(
iii)
Nonroad
vehicle
means
a
vehicle
that
is
powered
by
a
nonroad
engine
and
that
is
not
a
motor
vehicle
or
a
vehicle
used
solely
for
competition.

(
22)
Ozone
season.
The
period
May
1
through
September
30
of
a
year.

(
23)
Physical
address.
Street
address
of
facility.

(
24)
Point
source.
A
non­
mobile
source
which
emits
100
tons
of
NOX
or
more
per
year
unless
the
State
designates
as
a
point
source
a
non­
mobile
source
emitting
at
a
specified
level
lower
than
100
tons
of
NOX
per
year.
A
non­
mobile
source
which
emits
less
NOX
per
year
than
the
point
source
threshold
is
a
non­
point
source.

(
25)
Pollutant
code.
A
unique
code
for
each
reported
pollutant
that
has
been
assigned
in
the
EIIP
Data
Model.
Character
names
are
used
for
criteria
pollutants,
while
Chemical
Abstracts
Service
(
CAS)
numbers
are
used
for
all
other
pollutants.
Some
States
may
be
using
storage
and
retrieval
of
aerometric
data
(
SAROAD)
codes
for
pollutants,
but
these
should
be
able
to
be
mapped
to
the
EIIP
Data
Model
pollutant
codes.

(
26)
Process
rate/
throughput.
A
measurable
factor
or
parameter
that
is
directly
or
indirectly
related
to
the
emissions
of
an
air
pollution
source.
Depending
on
the
type
of
source
category,
activity
information
may
refer
to
the
amount
of
fuel
combusted,
the
amount
of
a
raw
material
processed,
the
amount
of
a
product
that
is
manufactured,
the
amount
of
a
material
that
is
handled
or
processed,
population,
employment,
number
of
units,
or
miles
traveled.
Activity
information
is
typically
the
value
that
is
multiplied
against
an
emission
factor
to
generate
an
emissions
estimate.

(
27)
SCC.
Source
category
code.
A
process­
level
code
that
describes
the
equipment
or
operation
emitting
pollutants.

(
28)
Secondary
control
efficiency
(%).
The
emissions
reductions
efficiency
of
a
secondary
control
device,
which
shows
the
amount
of
reductions
of
a
particular
pollutant
from
a
process'
emissions
due
to
controls
or
material
change.
Control
efficiency
is
usually
expressed
as
a
percentage
or
in
tenths.

(
29)
SIC.
Standard
Industrial
Classification
code.
U.
S.

Department
of
Commerce's
categorization
of
businesses
by
their
products
or
services.
(
30)
Site
name.
The
name
of
the
facility.

(
31)
Spring
throughput
(%).
Portion
of
throughput
or
activity
for
the
3
spring
months
(
March,
April,
May).
See
the
definition
of
Fall
Throughput.

(
32)
Stack
diameter.
Stack
physical
diameter.

(
33)
Stack
height.
Stack
physical
height
above
the
surrounding
terrain.

(
34)
Start
date
(
inventory
year).
The
calendar
year
that
the
emissions
estimates
were
calculated
for
and
are
applicable
to.

(
35)
Start
time
(
hour).
Start
time
(
if
available)
that
was
applicable
and
used
for
calculations
of
emissions
estimates.

(
36)
Summer
throughput
(%).
Portion
of
throughput
or
activity
for
the
3
summer
months
(
June,
July,
August).
See
the
definition
of
Fall
Throughput.

(
37)
Summer
work
weekday
emissions.
Average
day's
emissions
for
a
typical
day.

(
38)
VMT
by
Roadway
Class.
This
is
an
expression
of
vehicle
activity
that
is
used
with
emission
factors.
The
emission
factors
are
usually
expressed
in
terms
of
grams
per
mile
of
travel.
Since
VMT
does
not
directly
correlate
to
emissions
that
occur
while
the
vehicle
is
not
moving,
these
non­
moving
emissions
are
incorporated
into
EPA's
MOBILE
model
emission
factors.

(
39)
Week/
year
in
operation.
Weeks
per
year
that
the
emitting
process
operates.
(
40)
Work
Weekday.
Any
day
of
the
week
except
Saturday
or
Sunday.

(
41)
X
coordinate
(
longitude).
An
object's
east­
west
geographical
coordinate.

(
42)
Y
coordinate
(
latitude).
An
object's
north­
south
geographical
coordinate.

3.
Part
51
is
amended
by
adding
§
51.123
to
Subpart
G
to
read
as
follows:

§
51.123
Findings
and
requirements
for
submission
of
State
implementation
plan
revisions
relating
to
emissions
of
oxides
of
nitrogen
pursuant
to
the
Clean
Air
Interstate
Rule.

(
a)(
1)
Under
section
110(
a)(
1)
of
the
CAA,
42
U.
S.
C.

7410(
a)(
1),
the
Administrator
determines
that
each
State
identified
in
paragraph
(
c)(
1)
and
(
2)
of
this
section
must
submit
a
SIP
revision
to
comply
with
the
requirements
of
section
110(
a)(
2)(
D)(
i)(
I)
of
the
CAA,
42
U.
S.
C.
7410(
a)(
2)(
D)(
i)(
I),

through
the
adoption
of
adequate
provisions
prohibiting
sources
and
other
activities
from
emitting
NOX
in
amounts
that
will
contribute
significantly
to
nonattainment
in,
or
interfere
with
maintenance
by,
one
or
more
other
States
with
respect
to
the
fine
particles
(
PM2.5)
NAAQS.

(
2)(
a)
Under
section
110(
a)(
1)
of
the
CAA,
42
U.
S.
C.

7410(
a)(
1),
the
Administrator
determines
that
each
State
identified
in
paragraph
(
c)(
1)
and
(
3)
of
this
section
must
submit
a
SIP
revision
to
comply
with
the
requirements
of
section
110(
a)(
2)(
D)(
i)(
I)
of
the
CAA,
42
U.
S.
C.
7410(
a)(
2)(
D)(
i)(
I),

through
the
adoption
of
adequate
provisions
prohibiting
sources
and
other
activities
from
emitting
NOX
in
amounts
that
will
contribute
significantly
to
nonattainment
in,
or
interfere
with
maintenance
by,
one
or
more
other
States
with
respect
to
the
8­

hour
ozone
NAAQS.

(
b)
For
each
State
identified
in
paragraph
(
c)
of
this
section,
the
SIP
revision
required
under
paragraph
(
a)
will
contain
adequate
provisions,
for
purposes
of
complying
with
section
110(
a)(
2)(
D)(
i)(
I)
of
the
CAA,
42
U.
S.
C.

7410(
a)(
2)(
D)(
i)(
I),
only
if
the
SIP
revision
contains
control
measures
that
assure
compliance
with
the
applicable
requirements
of
this
section.

(
c)
In
addition
to
being
subject
to
the
requirements
in
paragraphs
(
b)
and
(
d)
of
this
section:

(
1)
Alabama,
Florida,
Illinois,
Indiana,
Iowa,
Kentucky,

Louisiana,
Maryland,
Michigan,
Mississippi,
Missouri,
New
York,

North
Carolina,
Ohio,
Pennsylvania,
South
Carolina,
Tennessee,

Virginia,
West
Virginia,
Wisconsin,
and
the
District
of
Columbia
shall
be
subject
to
the
requirements
contained
in
paragraphs
(
e)

through
(
cc)
of
this
section;

(
2)
Georgia,
Minnesota,
and
Texas
shall
be
subject
to
the
requirements
in
paragraphs
(
e)
through
(
o)
and
(
cc)
of
this
section;
and
(
3)
Arkansas,
Connecticut,
Delaware,
Massachusetts,
and
New
Jersey
shall
be
subject
to
the
requirements
contained
in
paragraphs
(
q)
through
(
cc)
of
this
section.

(
d)(
1)
The
State's
SIP
revision
under
paragraph
(
a)
of
this
section
must
be
submitted
to
EPA
by
no
later
than
[
Insert
the
date
18
months
(
548
days)
from
the
date
on
which
the
Administrator
signs
the
final
Clean
Air
Interstate
Rule].

(
2)
The
requirements
of
appendix
V
to
this
part
shall
apply
to
the
SIP
revision
under
paragraph
(
a)
of
this
section.

(
3)
The
State
shall
deliver
5
copies
of
the
SIP
revision
under
paragraph
(
a)
of
this
section
to
the
appropriate
Regional
Office,
with
a
letter
giving
notice
of
such
action.

(
e)
The
State's
SIP
revision
shall
contain
control
measures
and
demonstrate
that
they
will
result
in
compliance
with
the
State's
Annual
EGU
NOX
Budget,
if
applicable,
and
achieve
the
State's
Annual
Non­
EGU
NOX
Reduction
Requirement,
if
applicable,

for
the
appropriate
periods.
The
amounts
of
the
State's
Annual
EGU
NOX
Budget
and
Annual
Non­
EGU
NOX
Reduction
Requirement
shall
be
determined
as
follows:

(
1)(
i)
The
Annual
EGU
NOX
Budget
for
the
State
is
defined
as
the
total
amount
of
NOX
emissions
from
all
EGUs
in
that
State
for
a
year,
if
the
State
meets
the
requirements
of
paragraph
(
a)(
1)

of
this
section
by
imposing
control
measures,
at
least
in
part,

on
EGUs.
If
the
State
imposes
control
measures
under
this
section
on
only
EGUs,
the
Annual
EGU
NOX
Budget
for
the
State
shall
not
exceed
the
amount,
during
the
indicated
periods,
specified
in
paragraph
(
e)(
2)
of
this
section.

(
ii)
The
Annual
Non­
EGU
NOX
Reduction
Requirement,
if
applicable,
is
defined
as
the
total
amount
of
NOX
emission
reductions
that
the
State
demonstrates,
in
accordance
with
paragraph
(
g)
of
this
section,
it
will
achieve
from
non­
EGUs
during
the
appropriate
period.
If
the
State
meets
the
requirements
of
paragraph
(
a)(
1)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
then
the
State's
Annual
Non­

EGU
NOX
Reduction
Requirement
shall
equal
or
exceed,
during
the
appropriate
periods,
the
amount
determined
in
accordance
with
paragraph
(
e)(
3)
of
this
section.

(
iii)
If
a
State
meets
the
requirements
of
paragraph
(
a)(
1)

of
this
section
by
imposing
control
measures
on
both
EGUs
and
non­
EGUs,
then:

(
A)
The
Annual
Non­
EGU
NOX
Reduction
Requirement
shall
equal
or
exceed
the
difference
between
the
amount
specified
in
paragraph
(
e)(
2)
of
this
section
for
the
appropriate
period
and
the
amount
of
the
State's
Annual
EGU
NOX
Budget
specified
in
the
SIP
revision
for
the
appropriate
period;
and
(
B)
The
Annual
EGU
NOX
Budget
shall
not
exceed,
during
the
indicated
periods,
the
amount
specified
in
paragraph
(
e)(
2)
of
this
section
plus
the
amount
of
the
Annual
Non­
EGU
NOX
Reduction
Requirement
under
paragraph
(
e)(
1)(
iii)(
A)
of
this
section
for
the
appropriate
period.

(
2)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)(
1)
of
this
section
by
imposing
control
measures
on
only
EGUs,
the
amount
of
the
Annual
EGU
NOX
Budget,
in
tons
of
NOX
per
year,
shall
be
as
follows,
for
the
indicated
State
for
the
indicated
period:

State
Annual
EGU
NOX
Budget
for
2009­
2014
(
tons)
Annual
EGU
NOX
Budget
for
2015
and
thereafter
(
tons)
Alabama
69,020
57,517
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
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
(
3)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)(
1)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
the
amount
of
the
Annual
Non­
EGU
NOX
Reduction
Requirement,
in
tons
of
NOX
per
year,
shall
be
determined,
for
the
State
for
2009
and
thereafter,
by
subtracting
the
amount
of
the
State's
Annual
EGU
NOX
Budget
for
the
appropriate
year,

specified
in
paragraph
(
e)(
2)
of
this
section
from
the
amount
of
the
State's
NOX
baseline
EGU
emissions
inventory
projected
for
the
appropriate
year,
specified
in
Table
5
of
"
Regional
and
State
SO2
and
NOX
Budgets",
March
2005
(
available
at
www.
epa.
gov/
cleanairinterstaterule).

(
4)(
i)
Notwithstanding
the
State's
obligation
to
comply
with
paragraph
(
e)(
2)
or
(
3)
of
this
section,
the
State's
SIP
revision
may
allow
sources
required
by
the
revision
to
implement
control
measures
to
demonstrate
compliance
using
credit
issued
from
the
State's
compliance
supplement
pool,
as
set
forth
in
paragraph
(
e)(
4)(
ii)
of
this
section.

(
ii)
The
State­
by­
State
amounts
of
the
compliance
supplement
pool
are
as
follows:

State
Compliance
Supplement
Pool
Alabama
10,166
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
York
0
North
Carolina
0
Ohio
25,037
Pennsylvania
16,009
South
2,600
Carolina
Tennessee
8,944
Texas
772
Virginia
5,134
West
Virginia
16,929
Wisconsin
4,898
(
iii)
The
SIP
revision
may
provide
for
the
distribution
of
credits
from
the
compliance
supplement
pool
to
sources
that
are
required
to
implement
control
measures
using
one
or
both
of
the
following
two
mechanisms:

(
A)
The
State
may
issue
credit
from
compliance
supplement
pool
to
sources
that
are
required
by
the
SIP
revision
to
implement
NOX
emission
control
measures
and
that
implement
NOX
emission
reductions
in
2007
and
2008
that
are
not
necessary
to
comply
with
any
State
or
federal
emissions
limitation
applicable
at
any
time
during
such
years.
Such
a
source
may
be
issued
one
credit
from
the
compliance
supplement
pool
for
each
ton
of
such
emission
reductions
in
2007
and
2008.

(
1)
The
State
shall
complete
the
issuance
process
by
January
1,
2010.

(
2)
The
emissions
reductions
for
which
credits
are
issued
must
have
been
demonstrated
by
the
owners
and
operators
of
the
source
to
have
occurred
during
2007
and
2008
and
not
to
be
necessary
to
comply
with
any
applicable
State
or
federal
emissions
limitation.

(
3)
The
emissions
reductions
for
which
credits
are
issued
must
have
been
quantified
by
the
owners
and
operators
of
the
source:
(
i)
For
EGUs
and
for
fossil­
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBut/
hr,
using
emissions
data
determined
in
accordance
with
subpart
H
of
part
75
of
this
chapter;
and
(
ii)
For
non­
EGUs
not
described
in
paragraph
(
e)(
4)(
iii)(
A)(
3)(
i)
of
this
section,
using
emissions
data
determined
in
accordance
with
subpart
H
of
part
75
of
this
chapter
or,
if
the
State
demonstrates
that
compliance
with
subpart
H
of
part
75
of
this
chapter
is
not
practicable,

determined,
to
the
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
data
are
determined
for
sources
subject
to
subpart
H
of
part
75.

(
4)
If
the
SIP
revision
contains
approved
provisions
for
an
emissions
trading
program,
the
owners
and
operators
of
sources
that
receive
credit
according
to
the
requirements
of
this
paragraph
may
transfer
the
credit
to
other
sources
or
persons
according
to
the
provisions
in
the
emissions
trading
program.

(
B)
The
State
may
issue
credit
from
the
compliance
supplement
pool
to
sources
that
are
required
by
the
SIP
revision
to
implement
NOX
emission
control
measures
and
whose
owners
and
operators
demonstrate
a
need
for
an
extension,
beyond
2009,
of
the
deadline
for
the
source
for
implementing
such
emission
controls.

(
1)
The
State
shall
complete
the
issuance
process
by
January
1,
2010.

(
2)
The
State
shall
issue
credit
to
a
source
only
if
the
owners
and
operators
of
the
source
demonstrate
that:

(
i)
For
a
source
used
to
generate
electricity,

implementation
of
the
SIP
revision's
applicable
control
measures
by
2009
would
create
undue
risk
for
the
reliability
of
the
electricity
supply.
This
demonstration
must
include
a
showing
that
it
would
not
be
feasible
for
the
owners
and
operators
of
the
source
to
obtain
a
sufficient
amount
of
electricity,
to
prevent
such
undue
risk,
from
other
electricity
generation
facilities
during
the
installation
of
control
technology
at
the
source
necessary
to
comply
with
the
SIP
revision.

(
ii)
For
a
source
not
used
to
generate
electricity,

compliance
with
the
SIP
revision's
applicable
control
measures
by
2009
would
create
undue
risk
for
the
source
or
its
associated
industry
to
a
degree
that
is
comparable
to
the
risk
described
in
paragraph
(
e)(
4)(
iii)(
B)(
2)(
i)
of
this
section
(
f)
Each
SIP
revision
must
set
forth
control
measures
to
meet
the
amounts
specified
in
paragraph
(
e)
of
this
section,
as
applicable,
including
the
following:

(
1)
A
description
of
enforcement
methods
including,
but
not
limited
to:
(
i)
Procedures
for
monitoring
compliance
with
each
of
the
selected
control
measures;

(
ii)
Procedures
for
handling
violations;
and
(
iii)
A
designation
of
agency
responsibility
for
enforcement
of
implementation.

(
2)(
i)
If
a
State
elects
to
impose
control
measures
on
EGUs,

then
those
measures
must
impose
an
annual
NOX
mass
emissions
cap
on
all
such
sources
in
the
State.

(
ii)
If
a
State
elects
to
impose
control
measures
on
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
those
measures
must
impose
an
annual
NOX
mass
emissions
cap
on
all
such
sources
in
the
State.

(
iii)
If
a
State
elects
to
impose
control
measures
on
non­

EGUs
other
than
those
described
in
paragraph
(
f)(
2)(
ii)
of
this
section,
then
those
measures
must
impose
an
annual
NOX
mass
emissions
cap
on
all
such
sources
in
the
State
or
the
State
must
demonstrate
why
such
emissions
cap
is
not
practicable
and
adopt
alternative
requirements
that
ensure
that
the
State
will
comply
with
its
requirements
under
paragraph
(
e)
of
this
section,
as
applicable,
in
2009
and
subsequent
years.

(
g)(
1)
Each
SIP
revision
that
contains
control
measures
covering
non­
EGUs
as
part
or
all
of
a
State's
obligation
in
meeting
its
requirement
under
paragraph
(
a)(
1)
of
this
section
must
demonstrate
that
such
control
measures
are
adequate
to
provide
for
the
timely
compliance
with
the
State's
Annual
Non­
EGU
NOX
Reduction
Requirement
under
paragraph
(
e)
of
this
section
and
are
not
adopted
or
implemented
by
the
State,
as
of
[
Insert
the
date
of
publication
of
the
final
Clean
Air
Interstate
Rule],
and
are
not
adopted
or
implemented
by
the
federal
government,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA.

(
2)
The
demonstration
under
paragraph
(
g)(
1)
of
this
section
must
include
the
following,
with
respect
to
each
source
category
of
non­
EGUs
for
which
the
SIP
revision
requires
control
measures:

(
i)
A
detailed
historical
baseline
inventory
of
NOX
mass
emissions
from
the
source
category
in
a
representative
year
consisting,
at
the
State's
election,
of
2002,
2003,
2004,
or
2005,
or
an
average
of
2
or
more
of
those
years,
absent
the
control
measures
specified
in
the
SIP
revision.

(
A)
This
inventory
must
represent
estimates
of
actual
emissions
based
on
monitoring
data
in
accordance
with
subpart
H
of
part
75
of
this
chapter,
if
the
source
category
is
subject
to
monitoring
requirements
in
accordance
with
subpart
H
of
part
75
of
this
chapter.

(
B)
In
the
absence
of
monitoring
data
in
accordance
with
subpart
H
of
part
75
of
this
chapter,
actual
emissions
must
be
quantified,
to
the
maximum
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
subpart
H
of
part
75
of
this
chapter
and
using
source­
specific
or
source­
category­
specific
assumptions
that
ensure
a
source's
or
source
category's
actual
emissions
are
not
overestimated.
If
a
State
uses
factors
to
estimate
emissions,

production
or
utilization,
or
effectiveness
of
controls
or
rules
for
a
source
category,
such
factors
must
be
chosen
to
ensure
that
emissions
are
not
overestimated.

(
C)
For
measures
to
reduce
emissions
from
motor
vehicles,

emission
estimates
must
be
based
on
an
emissions
model
that
has
been
approved
by
EPA
for
use
in
SIP
development
and
must
be
consistent
with
the
planning
assumptions
regarding
vehicle
miles
traveled
and
other
factors
current
at
the
time
of
the
SIP
development.

(
D)
For
measures
to
reduce
emissions
from
nonroad
engines
or
vehicles,
emission
estimates
methodologies
must
be
approved
by
EPA.

(
ii)
A
detailed
baseline
inventory
of
NOX
mass
emissions
from
the
source
category
in
the
years
2009
and
2015,
absent
the
control
measures
specified
in
the
SIP
revision
and
reflecting
changes
in
these
emissions
from
the
historical
baseline
year
to
the
years
2009
and
2015,
based
on
projected
changes
in
the
production
input
or
output,
population,
vehicle
miles
traveled,

economic
activity,
or
other
factors
as
applicable
to
this
source
category.

(
A)
These
inventories
must
account
for
implementation
of
any
control
measures
that
are
otherwise
required
by
final
rules
already
promulgated,
as
of
[
Insert
the
date
of
publication
of
the
final
Clean
Air
Interstate
Rule],
or
adopted
or
implemented
by
any
federal
agency,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA,
and
must
exclude
any
control
measures
specified
in
the
SIP
revision
to
meet
the
NOX
emissions
reduction
requirements
of
this
section.

(
B)
Economic
and
population
forecasts
must
be
as
specific
as
possible
to
the
applicable
industry,
State,
and
county
of
the
source
or
source
category
and
must
be
consistent
with
both
national
projections
and
relevant
official
planning
assumptions,

including
estimates
of
population
and
vehicle
miles
traveled
developed
through
consultation
between
State
and
local
transportation
and
air
quality
agencies.
However,
if
these
official
planning
assumptions
are
inconsistent
with
official
U.
S.

Census
projections
of
population
or
with
energy
consumption
projections
contained
in
the
U.
S.
Department
of
Energy's
most
recent
Annual
Energy
Outlook,
then
the
SIP
revision
must
make
adjustments
to
correct
the
inconsistency
or
must
demonstrate
how
the
official
planning
assumptions
are
more
accurate.

(
C)
These
inventories
must
account
for
any
changes
in
production
method,
materials,
fuels,
or
efficiency
that
are
expected
to
occur
between
the
historical
baseline
year
and
2009
or
2015,
as
appropriate.

(
iii)
A
projection
of
NOX
mass
emissions
in
2009
and
2015
from
the
source
category
assuming
the
same
projected
changes
as
under
paragraph
(
g)(
2)(
ii)
of
this
section
and
resulting
from
implementation
of
each
of
the
control
measures
specified
in
the
SIP
revision.

(
A)
These
inventories
must
address
the
possibility
that
the
State's
new
control
measures
may
cause
production
or
utilization,

and
emissions,
to
shift
to
unregulated
or
less
stringently
regulated
sources
in
the
source
category
in
the
same
or
another
State,
and
these
inventories
must
include
any
such
amounts
of
emissions
that
may
shift
to
such
other
sources.

(
B)
The
State
must
provide
EPA
with
a
summary
of
the
computations,
assumptions,
and
judgments
used
to
determine
the
degree
of
reduction
in
projected
2009
and
2015
NOX
emissions
that
will
be
achieved
from
the
implementation
of
the
new
control
measures
compared
to
the
relevant
baseline
emissions
inventory.

(
iv)
The
result
of
subtracting
the
amounts
in
paragraph
(
g)(
2)(
iii)
of
this
section
for
2009
and
2015,
respectively,
from
the
lower
of
the
amounts
in
paragraph
(
g)(
2)(
i)
or
(
g)(
2)(
ii)
of
this
section
for
2009
and
2015,
respectively,
may
be
credited
towards
the
State's
Annual
Non­
EGU
NOX
Reduction
Requirement
in
paragraph
(
e)(
3)
of
this
section
for
the
appropriate
period.

(
v)
Each
SIP
revision
must
identify
the
sources
of
the
data
used
in
each
estimate
and
each
projection
of
emissions.

(
h)
Each
SIP
revision
must
comply
with
§
51.116
(
regarding
data
availability).

(
i)
Each
SIP
revision
must
provide
for
monitoring
the
status
of
compliance
with
any
control
measures
adopted
to
meet
the
State's
requirements
under
paragraph
(
e)
of
this
section
as
follows:

(
1)
The
SIP
revision
must
provide
for
legally
enforceable
procedures
for
requiring
owners
or
operators
of
stationary
sources
to
maintain
records
of,
and
periodically
report
to
the
State:

(
i)
Information
on
the
amount
of
NOX
emissions
from
the
stationary
sources;
and
(
ii)
Other
information
as
may
be
necessary
to
enable
the
State
to
determine
whether
the
sources
are
in
compliance
with
applicable
portions
of
the
control
measures;

(
2)
The
SIP
revision
must
comply
with
§
51.212
(
regarding
testing,
inspection,
enforcement,
and
complaints);

(
3)
If
the
SIP
revision
contains
any
transportation
control
measures,
then
the
SIP
revision
must
comply
with
§
51.213
(
regarding
transportation
control
measures);

(
4)(
i)
If
the
SIP
revision
contains
measures
to
control
EGUs,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter.

(
ii)
If
the
SIP
revision
contains
measures
to
control
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter.

(
iii)
If
the
SIP
revision
contains
measures
to
control
any
other
non­
EGUs
that
are
not
described
in
paragraph
(
i)(
4)(
ii)
of
this
section,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter,
or
the
State
must
demonstrate
why
such
requirements
are
not
practicable
and
adopt
alternative
requirements
that
ensure
that
the
required
emissions
reductions
will
be
quantified,
to
the
maximum
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
subpart
H
of
part
75
of
this
chapter.

(
j)
Each
SIP
revision
must
show
that
the
State
has
legal
authority
to
carry
out
the
SIP
revision,
including
authority
to:

(
1)
Adopt
emissions
standards
and
limitations
and
any
other
measures
necessary
for
attainment
and
maintenance
of
the
State's
relevant
Annual
EGU
NOX
Budget
or
the
Annual
Non­
EGU
NOX
Reduction
Requirement,
as
applicable,
under
paragraph
(
e);

(
2)
Enforce
applicable
laws,
regulations,
and
standards
and
seek
injunctive
relief;

(
3)
Obtain
information
necessary
to
determine
whether
air
pollution
sources
are
in
compliance
with
applicable
laws,

regulations,
and
standards,
including
authority
to
require
recordkeeping
and
to
make
inspections
and
conduct
tests
of
air
pollution
sources;
and
(
4)(
i)
Require
owners
or
operators
of
stationary
sources
to
install,
maintain,
and
use
emissions
monitoring
devices
and
to
make
periodic
reports
to
the
State
on
the
nature
and
amounts
of
emissions
from
such
stationary
sources;
and
(
ii)
Make
the
data
described
in
paragraph
(
j)(
4)(
i)
of
this
section
available
to
the
public
within
a
reasonable
time
after
being
reported
and
as
correlated
with
any
applicable
emissions
standards
or
limitations.

(
k)(
1)
The
provisions
of
law
or
regulation
that
the
State
determines
provide
the
authorities
required
under
this
section
must
be
specifically
identified,
and
copies
of
such
laws
or
regulations
must
be
submitted
with
the
SIP
revision.

(
2)
Legal
authority
adequate
to
fulfill
the
requirements
of
paragraphs
(
j)(
3)
and
(
4)
of
this
section
may
be
delegated
to
the
State
under
section
114
of
the
CAA.

(
l)(
1)
A
SIP
revision
may
assign
legal
authority
to
local
agencies
in
accordance
with
§
51.232.

(
2)
Each
SIP
revision
must
comply
with
§
51.240
(
regarding
general
plan
requirements).

(
m)
Each
SIP
revision
must
comply
with
§
51.280
(
regarding
resources).

(
n)
Each
SIP
revision
must
provide
for
State
compliance
with
the
reporting
requirements
in
§
51.125.

(
o)(
1)
Notwithstanding
any
other
provision
of
this
section,

if
a
State
adopts
regulations
substantively
identical
to
subparts
AA
through
II
of
part
96
of
this
chapter
(
CAIR
NOX
Annual
Trading
Program),
incorporates
such
subparts
by
reference
into
its
regulations,
or
adopts
regulations
that
differ
substantively
from
such
subparts
only
as
set
forth
in
paragraph
(
o)(
2)
of
this
section,
then
such
emissions
trading
program
in
the
State's
SIP
revision
is
automatically
approved
as
meeting
the
requirements
of
paragraph
(
e)
of
this
section,
provided
that
the
State
has
the
legal
authority
to
take
such
action
and
to
implement
its
responsibilities
under
such
regulations.

(
2)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AA
through
II
of
part
96
of
this
chapter
only
as
follows,
then
the
emissions
trading
program
is
approved
as
set
forth
in
paragraph
(
o)(
1)
of
this
section.

(
i)
The
State
may
decline
to
adopt
the
CAIR
NOX
opt­
in
provisions
of:

(
A)
Subpart
II
of
this
part
and
the
provisions
applicable
only
to
CAIR
NOX
opt­
in
units
in
subparts
AA
through
HH
of
this
part;

(
B)
§
96.188(
b)
and
the
provisions
of
subpart
II
of
this
part
applicable
only
to
CAIR
NOX
opt­
in
units
under
§
96.188(
b);
or
(
C)
§
96.188(
c)
and
the
provisions
of
subpart
II
of
this
part
applicable
only
to
CAIR
NOX
opt­
in
units
under
§
96.188(
c).

(
ii)
The
State
may
decline
to
adopt
the
allocation
provisions
set
forth
in
subpart
EE
of
part
96
of
this
chapter
and
may
instead
adopt
any
methodology
for
allocating
CAIR
NOX
allowances
to
individual
sources,
as
follows:

(
A)
The
State's
methodology
must
not
allow
the
State
to
allocate
CAIR
NOX
allowances
for
a
year
in
excess
of
the
amount
in
the
State's
Annual
EGU
NOX
Budget
for
such
year;

(
B)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
before
January
1,
2000,
the
State
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31,
2006
for
2009,

2010,
and
2011
and
by
October
31,
2008
and
October
31
of
each
year
thereafter
for
the
year
4
years
after
the
notification
deadline;
and
(
C)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2000,
the
State
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31
of
the
year
immediately
after
the
year
for
which
the
CAIR
NOX
allowances
are
allocated.

(
3)
A
State
that
adopts
an
emissions
trading
program
in
accordance
with
paragraph
(
o)(
1)
or
(
2)
of
this
section
is
not
required
to
adopt
an
emissions
trading
program
in
accordance
with
paragraph
(
aa)(
1)
or
(
2)
of
this
section
or
§
96.124(
o)(
1)
or
(
2).

(
4)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AA
through
HH
of
part
96
of
this
chapter,
other
than
as
set
forth
in
paragraph
(
o)(
2)
of
this
section,
then
such
emissions
trading
program
is
not
automatically
approved
as
set
forth
in
paragraph
(
o)(
1)
or
(
2)
of
this
section
and
will
be
reviewed
by
the
Administrator
for
approvability
in
accordance
with
the
other
provisions
of
this
section,
provided
that
the
NOX
allowances
issued
under
such
emissions
trading
program
shall
not,
and
the
SIP
revision
shall
state
that
such
NOX
allowances
shall
not,
qualify
as
CAIR
NOX
allowances
or
CAIR
NOX
Ozone
Season
allowances
under
any
emissions
trading
program
approved
under
paragraphs
(
o)(
1)
or
(
2)
or
(
aa)(
1)
or
(
2)
of
this
section.

(
q)
The
State's
SIP
revision
shall
contain
control
measures
and
demonstrate
that
they
will
result
in
compliance
with
the
State's
Ozone
Season
EGU
NOX
Budget,
if
applicable,
and
achieve
the
State's
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement,
if
applicable,
for
the
appropriate
periods.
The
amounts
of
the
State's
Ozone
Season
EGU
NOX
Budget
and
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
shall
be
determined
as
follows:

(
1)(
i)
The
Ozone
Season
EGU
NOX
Budget
for
the
State
is
defined
as
the
total
amount
of
NOX
emissions
from
all
EGUs
in
that
State
for
an
ozone
season,
if
the
State
meets
the
requirements
of
paragraph
(
a)(
2)
of
this
section
by
imposing
control
measures,
at
least
in
part,
on
EGUs.
If
the
State
imposes
control
measures
under
this
section
on
only
EGUs,
the
Ozone
Season
EGU
NOX
Budget
for
the
State
shall
not
exceed
the
amount,
during
the
indicated
periods,
specified
in
paragraph
(
q)(
2)
of
this
section.

(
ii)
The
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement,
if
applicable,
is
defined
as
the
total
amount
of
NOX
emission
reductions
that
the
State
demonstrates,
in
accordance
with
paragraph
(
s)
of
this
section,
it
will
achieve
from
non­
EGUs
during
the
appropriate
period.
If
the
State
meets
the
requirements
of
paragraph
(
a)(
2)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
then
the
State's
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
shall
equal
or
exceed,
during
the
appropriate
periods,
the
amount
determined
in
accordance
with
paragraph
(
q)(
3)
of
this
section.

(
iii)
If
a
State
meets
the
requirements
of
paragraph
(
a)(
2)

of
this
section
by
imposing
control
measures
on
both
EGUs
and
non­
EGUs,
then:

(
A)
The
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
shall
equal
or
exceed
the
difference
between
the
amount
specified
in
paragraph
(
q)(
2)
of
this
section
for
the
appropriate
period
and
the
amount
of
the
State's
Ozone
Season
EGU
NOX
Budget
specified
in
the
SIP
revision
for
the
appropriate
period;
and
(
B)
The
Ozone
Season
EGU
NOX
Budget
shall
not
exceed,
during
the
indicated
periods,
the
amount
specified
in
paragraph
(
e)(
2)

of
this
section
plus
the
amount
of
the
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
under
paragraph
(
q)(
1)(
iii)(
A)
of
this
section
for
the
appropriate
period.
(
2)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)(
2)
of
this
section
by
imposing
control
measures
on
only
EGUs,
the
amount
of
the
Ozone
Season
EGU
NOX
Budget,
in
tons
of
NOX
per
ozone
season,
shall
be
as
follows,
for
the
indicated
State
for
the
indicated
period:

State
Ozone
Season
EGU
NOX
Budget
for
2009­

2014
(
tons)
Ozone
Season
EGU
NOX
Budget
for
2015
and
thereafter
(
tons)
Alabama
32,182
26,818
Arkansas
11,515
9,596
Connecticut
2,559
2,559
Delaware
2,226
1,855
District
of
Columbia
112
94
Florida
47,912
39,926
Illinois
30,701
28,981
Indiana
45,952
39,273
Iowa
14,263
11,886
Kentucky
36,045
30,587
Louisiana
17,085
14,238
Maryland
12,834
10,695
Massachusetts
7,551
6,293
Michigan
28,971
24,142
Mississippi
8,714
7,262
Missouri
26,678
22,231
New
Jersey
6,654
5,545
New
York
20,632
17,193
North
Carolina
28,392
23,660
Ohio
45,664
39,945
Pennsylvania
42,171
35,143
South
Carolina
15,249
12,707
Tennessee
22,842
19,035
Virginia
15,994
13,328
West
Virginia
26,859
26,525
Wisconsin
17,987
14,989
(
3)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)(
2)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
the
amount
of
the
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement,
in
tons
of
NOX
per
ozone
season,
shall
be
determined,
for
the
State
for
2009
and
thereafter,
by
subtracting
the
amount
of
the
State's
Ozone
Season
EGU
NOX
Budget
for
the
appropriate
year,
specified
in
paragraph
(
e)(
2)
of
this
section,
from
the
amount
of
the
State's
NOX
baseline
EGU
emissions
inventory
projected
for
the
ozone
season
in
the
appropriate
year,

specified
in
Table
7
of
"
Regional
and
State
SO2
and
NOX
Budgets",

March
2005
(
available
at:
www.
epa.
gov/
cleanairinterstaterule).

(
4)
Notwithstanding
the
State's
obligation
to
comply
with
paragraph
(
q)(
2)
or
(
3)
of
this
section,
the
State's
SIP
revision
may
allow
sources
required
by
the
revision
to
implement
NOX
emission
control
measures
to
demonstrate
compliance
using
NOx
SIP
Call
allowances
allocated
under
the
NOX
Budget
Trading
Program
for
any
ozone
season
during
2003
through
2008
that
have
not
been
deducted
by
the
Administrator
under
the
NOX
Budget
Trading
Program,
if
the
SIP
revision
ensures
that
such
allowances
will
not
be
available
for
such
deduction
under
the
NOX
Budget
Trading
Program.

(
r)
Each
SIP
revision
must
set
forth
control
measures
to
meet
the
amounts
specified
in
paragraph
(
q)
of
this
section,
as
applicable,
including
the
following:

(
1)
A
description
of
enforcement
methods
including,
but
not
limited
to:

(
i)
Procedures
for
monitoring
compliance
with
each
of
the
selected
control
measures;

(
ii)
Procedures
for
handling
violations;
and
(
iii)
A
designation
of
agency
responsibility
for
enforcement
of
implementation.

(
2)(
i)
If
a
State
elects
to
impose
control
measures
on
EGUs,
then
those
measures
must
impose
an
ozone
season
NOX
mass
emissions
cap
on
all
such
sources
in
the
State.

(
ii)
If
a
State
elects
to
impose
control
measures
on
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
those
measures
must
impose
an
ozone
season
NOX
mass
emissions
cap
on
all
such
sources
in
the
State.

(
iii)
If
a
State
elects
to
impose
control
measures
on
non­

EGUs
other
than
those
described
in
paragraph
(
r)(
2)(
ii)
of
this
section,
then
those
measures
must
impose
an
ozone
season
NOX
mass
emissions
cap
on
all
such
sources
in
the
State
or
the
State
must
demonstrate
why
such
emissions
cap
is
not
practicable
and
adopt
alternative
requirements
that
ensure
that
the
State
will
comply
with
its
requirements
under
paragraph
(
q)
of
this
section,
as
applicable,
in
2009
and
subsequent
years.

(
s)(
1)
Each
SIP
revision
that
contains
control
measures
covering
non­
EGUs
as
part
or
all
of
a
State's
obligation
in
meeting
its
requirement
under
paragraph
(
a)(
2)
of
this
section
must
demonstrate
that
such
control
measures
are
adequate
to
provide
for
the
timely
compliance
with
the
State's
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
under
paragraph
(
q)
of
this
section
and
are
not
adopted
or
implemented
by
the
State,
as
of
[
Insert
the
date
of
publication
of
the
final
Clean
Air
Interstate
Rule],
and
are
not
adopted
or
implemented
by
the
federal
government,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA.

(
2)
The
demonstration
under
paragraph
(
s)(
1)
of
this
section
must
include
the
following,
with
respect
to
each
source
category
of
non­
EGUs
for
which
the
SIP
revision
requires
control
measures:

(
i)
A
detailed
historical
baseline
inventory
of
NOX
mass
emissions
from
the
source
category
in
a
representative
ozone
season
consisting,
at
the
State's
election,
of
the
ozone
season
in
2002,
2003,
2004,
or
2005,
or
an
average
of
2
or
more
of
those
ozone
seasons,
absent
the
control
measures
specified
in
the
SIP
revision.

(
A)
This
inventory
must
represent
estimates
of
actual
emissions
based
on
monitoring
data
in
accordance
with
subpart
H
of
part
75
of
this
chapter,
if
the
source
category
is
subject
to
monitoring
requirements
in
accordance
with
subpart
H
of
part
75
of
this
chapter.

(
B)
In
the
absence
of
monitoring
data
in
accordance
with
subpart
H
of
part
75
of
this
chapter,
actual
emissions
must
be
quantified,
to
the
maximum
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
subpart
H
of
part
75
of
this
chapter
and
using
source­
specific
or
source­
category­
specific
assumptions
that
ensure
a
source's
or
source
category's
actual
emissions
are
not
overestimated.
If
a
State
uses
factors
to
estimate
emissions,

production
or
utilization,
or
effectiveness
of
controls
or
rules
for
a
source
category,
such
factors
must
be
chosen
to
ensure
that
emissions
are
not
overestimated.

(
C)
For
measures
to
reduce
emissions
from
motor
vehicles,

emission
estimates
must
be
based
on
an
emissions
model
that
has
been
approved
by
EPA
for
use
in
SIP
development
and
must
be
consistent
with
the
planning
assumptions
regarding
vehicle
miles
traveled
and
other
factors
current
at
the
time
of
the
SIP
development.

(
D)
For
measures
to
reduce
emissions
from
nonroad
engines
or
vehicles,
emission
estimates
methodologies
must
be
approved
by
EPA.

(
ii)
A
detailed
baseline
inventory
of
NOX
mass
emissions
from
the
source
category
in
ozone
seasons
2009
and
2015,
absent
the
control
measures
specified
in
the
SIP
revision
and
reflecting
changes
in
these
emissions
from
the
historical
baseline
ozone
season
to
the
ozone
seasons
2009
and
2015,
based
on
projected
changes
in
the
production
input
or
output,
population,
vehicle
miles
traveled,
economic
activity,
or
other
factors
as
applicable
to
this
source
category.

(
A)
These
inventories
must
account
for
implementation
of
any
control
measures
that
are
adopted
or
implemented
by
the
State,
as
of
[
Insert
the
date
of
publication
of
the
final
Clean
Air
Interstate
Rule],
or
adopted
or
implemented
by
the
federal
government,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA,
and
must
exclude
any
control
measures
specified
in
the
SIP
revision
to
meet
the
NOX
emissions
reduction
requirements
of
this
section.

(
B)
Economic
and
population
forecasts
must
be
as
specific
as
possible
to
the
applicable
industry,
State,
and
county
of
the
source
or
source
category
and
must
be
consistent
with
both
national
projections
and
relevant
official
planning
assumptions,

including
estimates
of
population
and
vehicle
miles
traveled
developed
through
consultation
between
State
and
local
transportation
and
air
quality
agencies.
However,
if
these
official
planning
assumptions
are
inconsistent
with
official
U.
S.

Census
projections
of
population
or
with
energy
consumption
projections
contained
in
the
U.
S.
Department
of
Energy's
most
recent
Annual
Energy
Outlook,
then
the
SIP
revision
must
make
adjustments
to
correct
the
inconsistency
or
must
demonstrate
how
the
official
planning
assumptions
are
more
accurate.

(
C)
These
inventories
must
account
for
any
changes
in
production
method,
materials,
fuels,
or
efficiency
that
are
expected
to
occur
between
the
historical
baseline
ozone
season
and
ozone
season
2009
or
ozone
season
2015,
as
appropriate.

(
iii)
A
projection
of
NOX
mass
emissions
in
ozone
season
2009
and
ozone
season
2015
from
the
source
category
assuming
the
same
projected
changes
as
under
paragraph
(
s)(
2)(
ii)
of
this
section
and
resulting
from
implementation
of
each
of
the
control
measures
specified
in
the
SIP
revision.

(
A)
These
inventories
must
address
the
possibility
that
the
State's
new
control
measures
may
cause
production
or
utilization,
and
emissions,
to
shift
to
unregulated
or
less
stringently
regulated
sources
in
the
source
category
in
the
same
or
another
State,
and
these
inventories
must
include
any
such
amounts
of
emissions
that
may
shift
to
such
other
sources.

(
B)
The
State
must
provide
EPA
with
a
summary
of
the
computations,
assumptions,
and
judgments
used
to
determine
the
degree
of
reduction
in
projected
ozone
season
2009
and
ozone
season
2015
NOX
emissions
that
will
be
achieved
from
the
implementation
of
the
new
control
measures
compared
to
the
relevant
baseline
emissions
inventory.

(
iv)
The
result
of
subtracting
the
amounts
in
paragraph
(
s)(
2)(
iii)
of
this
section
for
ozone
season
2009
and
ozone
season
2015,
respectively,
from
the
lower
of
the
amounts
in
paragraph
(
s)(
2)(
i)
or
(
s)(
2)(
ii)
of
this
section
for
ozone
season
2009
and
ozone
season
2015,
respectively,
may
be
credited
towards
the
State's
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement
in
paragraph
(
q)(
3)
of
this
section
for
the
appropriate
period.

(
v)
Each
SIP
revision
must
identify
the
sources
of
the
data
used
in
each
estimate
and
each
projection
of
emissions.

(
t)
Each
SIP
revision
must
comply
with
§
51.116
(
regarding
data
availability).

(
u)
Each
SIP
revision
must
provide
for
monitoring
the
status
of
compliance
with
any
control
measures
adopted
to
meet
the
State's
requirements
under
paragraph
(
q)
of
this
section
as
follows:

(
1)
The
SIP
revision
must
provide
for
legally
enforceable
procedures
for
requiring
owners
or
operators
of
stationary
sources
to
maintain
records
of,
and
periodically
report
to
the
State:

(
i)
Information
on
the
amount
of
NOX
emissions
from
the
stationary
sources;
and
(
ii)
Other
information
as
may
be
necessary
to
enable
the
State
to
determine
whether
the
sources
are
in
compliance
with
applicable
portions
of
the
control
measures;

(
2)
The
SIP
revision
must
comply
with
§
51.212
(
regarding
testing,
inspection,
enforcement,
and
complaints);

(
3)
If
the
SIP
revision
contains
any
transportation
control
measures,
then
the
SIP
revision
must
comply
with
§
51.213
(
regarding
transportation
control
measures);

(
4)(
i)
If
the
SIP
revision
contains
measures
to
control
EGUs,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter.

(
ii)
If
the
SIP
revision
contains
measures
to
control
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter.
(
iii)
If
the
SIP
revision
contains
measures
to
control
any
other
non­
EGUs
that
are
not
described
in
paragraph
(
u)(
4)(
ii)
of
this
section,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
subpart
H
of
part
75
of
this
chapter,
or
the
State
must
demonstrate
why
such
requirements
are
not
practicable
and
adopt
alternative
requirements
that
ensure
that
the
required
emissions
reductions
will
be
quantified,
to
the
maximum
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
subpart
H
of
part
75
of
this
chapter.

(
v)
Each
SIP
revision
must
show
that
the
State
has
legal
authority
to
carry
out
the
SIP
revision,
including
authority
to:

(
1)
Adopt
emissions
standards
and
limitations
and
any
other
measures
necessary
for
attainment
and
maintenance
of
the
State's
relevant
Ozone
Season
EGU
NOX
Budget
or
the
Ozone
Season
Non­
EGU
NOX
Reduction
Requirement,
as
applicable,
under
paragraph
(
q);

(
2)
Enforce
applicable
laws,
regulations,
and
standards
and
seek
injunctive
relief;

(
3)
Obtain
information
necessary
to
determine
whether
air
pollution
sources
are
in
compliance
with
applicable
laws,

regulations,
and
standards,
including
authority
to
require
recordkeeping
and
to
make
inspections
and
conduct
tests
of
air
pollution
sources;
and
(
4)(
i)
Require
owners
or
operators
of
stationary
sources
to
install,
maintain,
and
use
emissions
monitoring
devices
and
to
make
periodic
reports
to
the
State
on
the
nature
and
amounts
of
emissions
from
such
stationary
sources;
and
(
ii)
Make
the
data
described
in
paragraph
(
v)(
4)(
i)
of
this
section
available
to
the
public
within
a
reasonable
time
after
being
reported
and
as
correlated
with
any
applicable
emissions
standards
or
limitations.

(
w)(
1)
The
provisions
of
law
or
regulation
that
the
State
determines
provide
the
authorities
required
under
this
section
must
be
specifically
identified,
and
copies
of
such
laws
or
regulations
must
be
submitted
with
the
SIP
revision.

(
2)
Legal
authority
adequate
to
fulfill
the
requirements
of
paragraphs
(
v)(
3)
and
(
4)
of
this
section
may
be
delegated
to
the
State
under
section
114
of
the
CAA.

(
x)(
1)
A
SIP
revision
may
assign
legal
authority
to
local
agencies
in
accordance
with
§
51.232.

(
2)
Each
SIP
revision
must
comply
with
§
51.240
(
regarding
general
plan
requirements).

(
y)
Each
SIP
revision
must
comply
with
§
51.280
(
regarding
resources).

(
z)
Each
SIP
revision
must
provide
for
State
compliance
with
the
reporting
requirements
in
§
51.125.

(
aa)(
1)
Notwithstanding
any
other
provision
of
this
section,

if
a
State
adopts
regulations
substantively
identical
to
subparts
AAAA
through
IIII
of
part
96
of
this
chapter
(
CAIR
Ozone
Season
NOX
Trading
Program),
incorporates
such
subparts
by
reference
into
its
regulations,
or
adopts
regulations
that
differ
substantively
from
such
subparts
only
as
set
forth
in
paragraph
(
aa)(
2)
of
this
section,
then
such
emissions
trading
program
in
the
State's
SIP
revision
is
automatically
approved
as
meeting
the
requirements
of
paragraph
(
q)
of
this
section,
provided
that
the
State
has
the
legal
authority
to
take
such
action
and
to
implement
its
responsibilities
under
such
regulations.

(
2)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AAAA
through
IIII
of
part
96
of
this
chapter
only
as
follows,
then
the
emissions
trading
program
is
approved
as
set
forth
in
paragraph
(
aa)(
1)
of
this
section.

(
i)
The
State
may
expand
the
applicability
provisions
in
§
96.104
to
include
all
non­
EGUs
subject
to
the
State's
emissions
trading
program
approved
under
§
51.121(
p).

(
ii)
The
State
may
decline
to
adopt
the
CAIR
NOX
Ozone
Season
opt­
in
provisions
of:

(
A)
Subpart
IIII
of
this
part
and
the
provisions
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
in
subparts
AAAA
through
HHHH
of
this
part;

(
B)
§
96.388(
b)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
b);
or
(
C)
§
96.388(
c)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
c).

(
iii)
The
State
may
decline
to
adopt
the
allocation
provisions
set
forth
in
subpart
EEEE
of
part
96
of
this
chapter
and
may
instead
adopt
any
methodology
for
allocating
CAIR
NOX
Ozone
Season
allowances
to
individual
sources,
as
follows:

(
A)
The
State
may
provide
for
issuance
of
an
amount
of
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season,
in
addition
to
the
amount
in
the
State's
Ozone
Season
EGU
NOX
Budget
for
such
ozone
season,
not
exceeding
the
amount
of
NOX
SIP
Call
allowances
allocated
for
the
ozone
season
under
the
NOX
Budget
Trading
Program
to
non­
EGUs
that
the
applicability
provisions
in
§
96.104
are
expanded
to
include
under
paragraph
(
aa)(
2)(
i)
of
this
section;

(
B)
The
State's
methodology
must
not
allow
the
State
to
allocate
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season
in
excess
of
the
amount
in
the
State's
Ozone
Season
EGU
NOX
Budget
for
such
ozone
season
plus
any
additional
amount
of
CAIR
Ozone
Season
NOX
allowances
issued
under
paragraph
(
aa)(
2)(
iii)(
A)
of
this
section
for
such
ozone
season;

(
C)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
before
January
1,
2000,
the
State
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31,
2006
for
the
ozone
seasons
2009,
2010,
and
2011
and
by
October
31,
2008
and
October
31
of
each
year
thereafter
for
the
ozone
season
4
years
after
the
notification
deadline;
and
(
D)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2000,
the
State
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
Ozone
Season
NOX
allowances
by
July
31
of
the
calendar
year
of
the
ozone
season
for
which
the
CAIR
Ozone
Season
NOX
allowances
are
allocated.

(
3)
A
State
that
adopts
an
emissions
trading
program
in
accordance
with
paragraph
(
aa)(
1)
or
(
2)
of
this
section
is
not
required
to
adopt
an
emissions
trading
program
in
accordance
with
paragraph
(
o)(
1)
or
(
2)
of
this
section
or
§
51.153(
o)(
1)
or
(
2).

(
4)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AAAA
through
IIII
of
part
96
of
this
chapter,
other
than
as
set
forth
in
paragraph
(
aa)(
2)
of
this
section,
then
such
emissions
trading
program
is
not
automatically
approved
as
set
forth
in
paragraph
(
aa)(
1)
or
(
2)

of
this
section
and
will
be
reviewed
by
the
Administrator
for
approvability
in
accordance
with
the
other
provisions
of
this
section,
provided
that
the
NOX
allowances
issued
under
such
emissions
trading
program
shall
not,
and
the
SIP
revision
shall
state
that
such
NOX
allowances
shall
not,
qualify
as
CAIR
NOX
allowances
or
CAIR
Ozone
Season
NOX
allowances
under
any
emissions
trading
program
approved
under
paragraphs
(
o)(
1)
or
(
2)

or
(
aa)(
1)
or
(
2)
of
this
section.
(
bb)(
1)(
i)
The
State
may
revise
its
SIP
to
provide
that,
for
each
ozone
season
during
which
a
State
implements
control
measures
on
EGUs
or
non­
EGUs
through
an
emissions
trading
program
approved
under
paragraph
(
aa)(
1)
or
(
2)
of
this
section,
such
EGUs
and
non­
EGUs
shall
not
be
subject
to
the
requirements
of
the
State's
SIP
meeting
the
requirements
of
§
51.121,
if
the
State
meets
the
requirement
in
paragraph
(
bb)(
1)(
ii)
of
this
section.

(
ii)
For
a
State
under
paragraph
(
bb)(
1)(
i)
of
this
section,

if
the
State's
amount
of
tons
specified
in
paragraph
(
q)(
2)
of
this
section
exceeds
the
State's
amount
of
NOX
SIP
Call
allowances
allocated
for
the
ozone
season
in
2009
or
in
any
year
thereafter
for
the
same
types
and
sizes
of
units
as
those
covered
by
the
amount
of
tons
specified
in
paragraph
(
q)(
2)
of
this
section,
then
the
State
must
replace
the
former
amount
for
such
ozone
season
by
the
latter
amount
for
such
ozone
season
in
applying
paragraph
(
q)
of
this
section.

(
2)
Rhode
Island
may
revise
its
SIP
to
provide
that,
for
each
ozone
season
during
which
Rhode
Island
implements
control
measures
on
EGUs
and
non­
EGUs
through
an
emissions
trading
program
adopted
in
regulations
that
differ
substantively
from
subparts
AAAA
through
IIII
of
part
96
of
this
chapter
as
set
forth
in
this
paragraph,
such
EGUs
and
non­
EGUs
shall
not
be
subject
to
the
requirements
of
the
State's
SIP
meeting
the
requirements
of
§
51.121.

(
i)
Rhode
Island
must
expand
the
applicability
provisions
in
§
96.104
to
include
all
non­
EGUs
subject
to
Rhode
Island's
emissions
trading
program
approved
under
§
51.121(
p).

(
ii)
Rhode
Island
may
decline
to
adopt
the
CAIR
NOX
Ozone
Season
opt­
in
provisions
of:

(
A)
Subpart
IIII
of
this
part
and
the
provisions
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
in
subparts
AAAA
through
HHHH
of
this
part;

(
B)
§
96.388(
b)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
b);
or
(
C)
§
96.388(
c)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
c).

(
iii)
Rhode
Island
may
adopt
the
allocation
provisions
set
forth
in
subpart
EEEE
of
part
96
of
this
chapter,
provided
that
Rhode
Island
must
provide
for
issuance
of
an
amount
of
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season
not
exceeding
936
tons
for
2009
and
thereafter;

(
iv)
Rhode
Island
may
adopt
any
methodology
for
allocating
CAIR
NOX
Ozone
Season
allowances
to
individual
sources,
as
follows:

(
A)
Rhode
Island's
methodology
must
not
allow
Rhode
Island
to
allocate
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season
in
excess
of
936
tons
for
2009
and
thereafter;

(
B)
Rhode
Island's
methodology
must
require
that,
for
EGUs
DRAFT
­
12/
2/
04
commencing
operation
before
January
1,
2000,
Rhode
Island
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31,
2006
for
the
ozone
seasons
2009,
2010,
and
2011
and
by
October
31,
2008
and
October
31
of
each
year
thereafter
for
the
ozone
season
4
years
after
the
notification
deadline;
and
(
C)
Rhode
Island's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2000,
Rhode
Island
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
Ozone
Season
NOX
allowances
by
July
31
of
the
calendar
year
of
the
ozone
season
for
which
the
CAIR
Ozone
Season
NOX
allowances
are
allocated.

(
3)
Notwithstanding
a
SIP
revision
by
a
State
authorized
under
paragraph
(
bb)(
1)
of
this
section
or
by
Rhode
Island,
if
the
State's
or
Rhode
Island's
SIP
that,
without
such
SIP
revision,
imposes
control
measures
on
EGUs
or
non­
EGUs
under
§
51.121
is
determined
by
the
Administrator
to
meet
the
requirements
of
§
51.121,
such
SIP
shall
be
deemed
to
continue
to
meet
the
requirements
of
§
51.121.

(
cc)
The
terms
used
in
this
section
shall
have
the
following
meanings:

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
or
the
Administrator's
duly
authorized
representative.
DRAFT
­
12/
2/
04
Allocate
or
allocation
means,
with
regard
to
allowances,
the
determination
of
the
amount
of
allowances
to
be
initially
credited
to
a
source.

Boiler
means
an
enclosed
fossil­
or
other­
fuel­
fired
combustion
device
used
to
produce
heat
and
to
transfer
heat
to
recirculating
water,
steam,
or
other
medium.

Bottoming­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
thermal
energy
and
at
least
some
of
the
reject
heat
from
the
useful
thermal
energy
application
or
process
is
then
used
for
electricity
production.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.

7401,
et
seq.

Cogeneration
unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine:

(
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
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
DRAFT
­
12/
2/
04
(
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.

Combustion
turbine
means:

(
1)
An
enclosed
device
comprising
a
compressor,
a
combustor,

and
a
turbine
and
in
which
the
flue
gas
resulting
from
the
combustion
of
fuel
in
the
combustor
passes
through
the
turbine,

rotating
the
turbine;
and
(
2)
If
the
enclosed
device
under
paragraph
(
1)
of
this
definition
is
combined
cycle,
any
associated
heat
recovery
steam
generator
and
steam
turbine.

Commence
operation
means
to
have
begun
any
mechanical,

chemical,
or
electronic
process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber.

Electric
generating
unit
or
EGU
means:

(
1)
Except
as
provided
in
paragraph
(
2)
of
this
definition,

a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossilfuel
fired
combustion
turbine
serving
at
any
time,
since
the
start­
up
of
a
unit's
combustion
chamber,
a
generator
with
DRAFT
­
12/
2/
04
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
cogeneration
unit
serving
at
any
time
a
generator
with
nameplate
capacity
of
more
than
25
MWe
and
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.
If
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
1)
of
this
definition
starting
on
the
day
on
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

Fossil
fuel
means
natural
gas,
petroleum,
coal,
or
any
form
of
solid,
liquid,
or
gaseous
fuel
derived
from
such
material.

Fossil­
fuel­
fired
means,
with
regard
to
a
unit,
combusting
any
amount
of
fossil
fuel
in
any
calendar
year.

Generator
means
a
device
that
produces
electricity.

Maximum
design
heat
input
means:

(
1)
Starting
with
the
initial
installation
of
a
unit,
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
DRAFT
­
12/
2/
04
capable
of
combusting
on
a
steady
state
basis
as
specified
by
the
manufacturer
of
the
unit;

(
2)(
i)
Except
as
provided
in
paragraph
(
2)(
ii)
of
this
definition,
starting
with
the
completion
of
any
subsequent
physical
change
in
the
unit
resulting
in
an
increase
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
of
such
completion,
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change;
or
(
ii)
For
purposes
of
applying
the
definition
of
the
term
"
potential
electrical
output
capacity,"
starting
with
the
completion
of
any
subsequent
physical
change
in
the
unit
resulting
in
a
decrease
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
of
such
completion,
such
decreased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

NAAQS
means
National
Ambient
Qir
Quality
Standard.

Nameplate
capacity
means,
starting
from
the
initial
installation
of
a
generator,
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings)
as
specified
by
the
manufacturer
of
the
generator
or,
starting
from
any
subsequent
physical
change
in
the
generator
resulting
in
an
increase
in
the
DRAFT
­
12/
2/
04
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings),
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Non­
EGU
means
a
source
of
NOX
emissions
that
is
not
an
EGU.

NOX
Budget
Trading
Program
means
a
multi­
state
nitrogen
oxide
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
A
through
I
of
this
part
and
§
51.121
of
this
chapter,

as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.

NOX
SIP
Call
allowance
means
a
limited
authorization
issued
by
the
Administrator
under
the
NOX
Budget
Trading
Program
to
emit
up
to
one
ton
of
nitrogen
oxides
during
the
ozone
season
of
the
specified
year
or
any
year
thereafter,
provided
that
the
provision
in
§
51.121(
b)(
2)(
ii)(
E)
of
this
chapter
shall
not
be
used
in
applying
this
definition.

Ozone
season
means
the
period,
which
begins
May
1
and
ends
September
30
of
any
year.

Potential
electrical
output
capacity
means
33
percent
of
a
unit's
maximum
design
heat
input,
divided
by
3,413
Btu/
kWh,

divided
by
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.

Sequential
use
of
energy
means:
DRAFT
­
12/
2/
04
(
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.

Topping­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
power,
including
electricity,
and
at
least
some
of
the
reject
heat
from
the
electricity
production
is
then
used
to
provide
useful
thermal
energy.

Total
energy
input
means,
with
regard
to
a
cogeneration
unit,
total
energy
of
all
forms
supplied
to
the
cogeneration
unit,
excluding
energy
produced
by
the
cogeneration
unit
itself.

Total
energy
output
means,
with
regard
to
a
cogeneration
unit,
the
sum
of
useful
power
and
useful
thermal
energy
produced
by
the
cogeneration
unit.

Unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
a
stationary,
fossil­
fuel­
fired
combustion
turbine.

Useful
power
means,
with
regard
to
a
cogeneration
unit,

electricity
or
mechanical
energy
made
available
for
use,

excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
on­
DRAFT
­
12/
2/
04
site
emission
controls).

Useful
thermal
energy
means,
with
regard
to
a
cogeneration
unit,
thermal
energy
that
is:

(
1)
Made
available
to
an
industrial
or
commercial
process,

excluding
any
heat
contained
in
condensate
return
or
makeup
water;

(
2)
Used
in
a
heat
application
(
e.
g.,
space
heating
or
domestic
hot
water
heating);
or
(
3)
Used
in
a
space
cooling
application
(
i.
e.,
thermal
energy
used
by
an
absorption
chiller).

Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

(
dd)
New
Hampshire
may
revise
its
SIP
to
implements
control
measures
on
EGUs
and
non­
EGUs
through
an
emissions
trading
program
adopted
in
regulations
that
differ
substantively
from
subparts
AAAA
through
IIII
of
part
96
of
this
chapter
as
set
forth
in
this
paragraph.

(
1)
New
Hampshire
must
expand
the
applicability
provisions
in
§
96.104
to
include
all
non­
EGUs
subject
to
New
Hampshire's
emissions
trading
program
at
New
Hampshire
Code
of
Administrative
Rules,
chapter
Env­
A
3200
(
2004).

(
2)
New
Hampshire
may
decline
to
adopt
the
CAIR
NOX
Ozone
Season
opt­
in
provisions
of:
DRAFT
­
12/
2/
04
(
i)
Subpart
IIII
of
this
part
and
the
provisions
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
in
subparts
AAAA
through
HHHH
of
this
part;

(
ii)
§
96.388(
b)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
b);
or
(
iii)
§
96.388(
c)
and
the
provisions
of
subpart
IIII
of
this
part
applicable
only
to
CAIR
NOX
Ozone
Season
opt­
in
units
under
§
96.388(
c).

(
3)
New
Hampshire
may
adopt
the
allocation
provisions
set
forth
in
subpart
EEEE
of
part
96
of
this
chapter,
provided
that
New
Hampshire
must
provide
for
issuance
of
an
amount
of
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season
not
exceeding
3,000
tons
for
2009
and
thereafter;

(
4)
New
Hampshire
may
adopt
any
methodology
for
allocating
CAIR
NOX
Ozone
Season
allowances
to
individual
sources,
as
follows:

(
i)
New
Hampshire's
methodology
must
not
allow
New
Hampshire
to
allocate
CAIR
Ozone
Season
NOX
allowances
for
an
ozone
season
in
excess
of
3,000
tons
for
2009
and
thereafter;

(
ii)
New
Hampshire's
methodology
must
require
that,
for
EGUs
commencing
operation
before
January
1,
2000,
New
Hampshire
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31,
2006
for
the
DRAFT
­
12/
2/
04
ozone
seasons
2009,
2010,
and
2011
and
by
October
31,
2008
and
October
31
of
each
year
thereafter
for
the
ozone
season
4
years
after
the
notification
deadline;
and
(
iii)
New
Hampshire's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2000,
New
Hampshire
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
Ozone
Season
NOX
allowances
by
July
31
of
the
calendar
year
of
the
ozone
season
for
which
the
CAIR
Ozone
Season
NOX
allowances
are
allocated.

4.
Part
51
is
amended
by
adding
§
51.124
to
Subpart
G
to
read
as
follows:

§
51.124
Findings
and
requirements
for
submission
of
State
implementation
plan
revisions
relating
to
emissions
of
sulfur
dioxide
pursuant
to
the
Clean
Air
Interstate
Rule.

(
a)
Under
section
110(
a)(
1)
of
the
CAA,
42
U.
S.
C.

7410(
a)(
1),
the
Administrator
determines
that
each
State
identified
in
paragraph
(
c)
of
this
section
must
submit
a
SIP
revision
to
comply
with
the
requirements
of
section
110(
a)(
2)(
D)(
i)(
I)
of
the
CAA,
42
U.
S.
C.
7410(
a)(
2)(
D)(
i)(
I),

through
the
adoption
of
adequate
provisions
prohibiting
sources
and
other
activities
from
emitting
SO2
in
amounts
that
will
contribute
significantly
to
nonattainment
in,
or
interfere
with
maintenance
by,
one
or
more
other
States
with
respect
to
the
fine
particles
(
PM2.5)
NAAQS.
DRAFT
­
12/
2/
04
(
b)
For
each
State
identified
in
paragraph
(
c)
of
this
section,
the
SIP
revision
required
under
paragraph
(
a)
will
contain
adequate
provisions,
for
purposes
of
complying
with
section
110(
a)(
2)(
D)(
i)(
I)
of
the
CAA,
42
U.
S.
C.

7410(
a)(
2)(
D)(
i)(
I),
only
if
the
SIP
revision
contains
control
measures
that
assure
compliance
with
the
applicable
requirements
of
this
section.

(
c)
The
following
States
are
subject
to
the
requirements
of
this
section:
Alabama,
Florida,
Georgia,
Illinois,
Indiana,
Iowa,

Kentucky,
Louisiana,
Maryland,
Michigan,
Minnesota,
Mississippi,

Missouri,
New
York,
North
Carolina,
Ohio,
Pennsylvania,
South
Carolina,
Tennessee,
Texas,
Virginia,
West
Virginia,
and
Wisconsin,
and
the
District
of
Columbia.

(
d)(
1)
The
SIP
revision
under
paragraph
(
a)
of
this
section
must
be
submitted
to
EPA
by
no
later
than
[
Insert
the
date
18
months
(
548
days)
from
the
date
on
which
the
Administrator
signs
the
final
Clean
Air
Interstate
Rule].

(
2)
The
requirements
of
appendix
V
to
this
part
shall
apply
to
the
SIP
revision
under
paragraph
(
a)
of
this
section.

(
3)
The
State
shall
deliver
5
copies
of
the
SIP
revision
under
paragraph
(
a)
of
this
section
to
the
appropriate
Regional
Office,
with
a
letter
giving
notice
of
such
action.

(
e)
The
State's
SIP
revision
shall
contain
control
measures
and
demonstrate
that
they
will
result
in
compliance
with
the
DRAFT
­
12/
2/
04
State's
Annual
EGU
SO2
Budget,
if
applicable,
and
achieve
the
State's
Annual
Non­
EGU
SO2
Reduction
Requirement,
if
applicable,

for
the
appropriate
periods.
The
amounts
of
the
State's
Annual
EGU
SO2
Budget
and
Annual
Non­
EGU
SO2
Reduction
Requirement
shall
be
determined
as
follows:

(
1)(
i)
The
Annual
EGU
SO2
Budget
for
the
State
is
defined
as
the
total
amount
of
SO2
emissions
from
all
EGUs
in
that
State
for
a
year,
if
the
State
meets
the
requirements
of
paragraph
(
a)
of
this
section
by
imposing
control
measures,
at
least
in
part,
on
EGUs.
If
the
State
imposes
control
measures
under
this
section
on
only
EGUs,
the
Annual
EGU
SO2
Budget
for
the
State
shall
not
exceed
the
amount,
during
the
indicated
periods,
specified
in
paragraph
(
e)(
2)
of
this
section.

(
ii)
The
Annual
Non­
EGU
SO2
Reduction
Requirement,
if
applicable,
is
defined
as
the
total
amount
of
SO2
emission
reductions
that
the
State
demonstrates,
in
accordance
with
paragraph
(
g)
of
this
section,
it
will
achieve
from
non­
EGUs
during
the
appropriate
period.
If
the
State
meets
the
requirements
of
paragraph
(
a)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
then
the
State's
Annual
Non­
EGU
SO2
Reduction
Requirement
shall
equal
or
exceed,
during
the
appropriate
periods,
the
amount
determined
in
accordance
with
paragraph
(
e)(
3)
of
this
section.

(
iii)
If
a
State
meets
the
requirements
of
paragraph
(
a)
of
DRAFT
­
12/
2/
04
this
section
by
imposing
control
measures
on
both
EGUs
and
non­

EGUs,
then:

(
A)
The
Annual
Non­
EGU
SO2
Reduction
Requirement
shall
equal
or
exceed
the
difference
between
the
amount
specified
in
paragraph
(
e)(
2)
of
this
section
for
the
appropriate
period
and
the
amount
of
the
State's
Annual
EGU
SO2
Budget
specified
in
the
SIP
revision
for
the
appropriate
period;
and
(
B)
The
Annual
EGU
SO2
Budget
shall
not
exceed,
during
the
indicated
periods,
the
amount
specified
in
paragraph
(
e)(
2)
of
this
section
plus
the
amount
of
the
Annual
Non­
EGU
SO2
Reduction
Requirement
under
paragraph
(
e)(
1)(
iii)(
A)
of
this
section
for
the
appropriate
period.

(
2)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)
of
this
section
by
imposing
control
measures
on
only
EGUs,
the
amount
of
the
Annual
EGU
SO2
Budget,
in
tons
of
SO2
per
year,
shall
be
as
follows,
for
the
indicated
State
for
the
indicated
period:

State
Annual
EGU
SO2
Budget
for
2010­
2014
(
tons)
Annual
EGU
SO2
Budget
for
2015
and
thereafter
(
tons)
Alabama
157,582
110,307
District
of
Columbia
708
495
Florida
253,450
177,415
Georgia
213,057
149,140
Illinois
192,671
134,869
Indiana
254,599
178,219
Iowa
64,095
44,866
Kentucky
188,773
132,141
Louisiana
59,948
41,963
Maryland
70,697
49,488
DRAFT
­
12/
2/
04
Michigan
178,605
125,024
Minnesota
49,987
34,991
Mississippi
33,763
23,634
Missouri
137,214
96,050
New
York
135,139
94,597
North
Carolina
137,342
96,139
Ohio
333,520
233,464
Pennsylvania
275,990
193,193
South
Carolina
57,271
40,089
Tennessee
137,216
96,051
Texas
320,946
224,662
Virginia
63,478
44,435
West
Virginia
215,881
151,117
Wisconsin
87,264
61,085
(
3)
For
a
State
that
complies
with
the
requirements
of
paragraph
(
a)
of
this
section
by
imposing
control
measures
on
only
non­
EGUs,
the
amount
of
the
Annual
Non­
EGU
SO2
Reduction
Requirement,
in
tons
of
SO2
per
year,
shall
be
determined,
for
the
State
for
2010
and
thereafter,
by
subtracting
the
amount
of
the
State's
Annual
EGU
SO2
Budget
for
the
appropriate
year,

specified
in
paragraph
(
e)(
2)
of
this
section,
from
an
amount
equal
to
2
times
the
State's
Annual
EGU
SO2
Budget
for
2010
through
2014,
specified
in
paragraph
(
e)(
2)
of
this
section.

(
f)
Each
SIP
revision
must
set
forth
control
measures
to
meet
the
amounts
specified
in
paragraph
(
e)
of
this
section,
as
applicable,
including
the
following:

(
1)
A
description
of
enforcement
methods
including,
but
not
limited
to:

(
i)
Procedures
for
monitoring
compliance
with
each
of
the
selected
control
measures;

(
ii)
Procedures
for
handling
violations;
and
(
iii)
A
designation
of
agency
responsibility
for
enforcement
DRAFT
­
12/
2/
04
of
implementation.

(
2)(
i)
If
a
State
elects
to
impose
control
measures
on
EGUs,

then
those
measures
must
impose
an
annual
SO2
mass
emissions
cap
on
all
such
sources
in
the
State.

(
ii)
If
a
State
elects
to
impose
control
measures
on
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
those
measures
must
impose
an
annual
SO2
mass
emissions
cap
on
all
such
sources
in
the
State.

(
iii)
If
a
State
elects
to
impose
control
measures
on
non­

EGUs
other
than
those
described
in
paragraph
(
f)(
2)(
ii)
of
this
section,
then
those
measures
must
impose
an
annual
SO2
mass
emissions
cap
on
all
such
sources
in
the
State,
or
the
State
must
demonstrate
why
such
emissions
cap
is
not
practicable,
and
adopt
alternative
requirements
that
ensure
that
the
State
will
comply
with
its
requirements
under
paragraph
(
e)
of
this
section,
as
applicable,
in
2010
and
subsequent
years.

(
g)(
1)
Each
SIP
revision
that
contains
control
measures
covering
non­
EGUs
as
part
or
all
of
a
State's
obligation
in
meeting
its
requirement
under
paragraph
(
a)
of
this
section
must
demonstrate
that
such
control
measures
are
adequate
to
provide
for
the
timely
compliance
with
the
State's
Annual
Non­
EGU
SO2
Reduction
Requirement
under
paragraph
(
e)
of
this
section
and
are
not
adopted
or
implemented
by
the
State,
as
of
[
Insert
the
date
DRAFT
­
12/
2/
04
of
publication
of
the
final
Clean
Air
Interstate
Rule],
and
are
not
adopted
or
implemented
by
the
federal
government,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA.

(
2)
The
demonstration
under
paragraph
(
g)(
1)
of
this
section
must
include
the
following,
with
respect
to
each
source
category
of
non­
EGUs
for
which
the
SIP
revision
requires
control
measures:

(
i)
A
detailed
historical
baseline
inventory
of
SO2
mass
emissions
from
the
source
category
in
a
representative
year
consisting,
at
the
State's
election,
of
2002,
2003,
2004,
or
2005,
or
an
average
of
2
or
more
of
those
years,
absent
the
control
measures
specified
in
the
SIP
revision.

(
A)
This
inventory
must
represent
estimates
of
actual
emissions
based
on
monitoring
data
in
accordance
with
part
75
of
this
chapter,
if
the
source
category
is
subject
to
part
75
monitoring
requirements
in
accordance
with
part
75
of
this
chapter.

(
B)
In
the
absence
of
monitoring
data
in
accordance
with
part
75
of
this
chapter,
actual
emissions
must
be
quantified,
to
the
maximum
extent
practicable,
with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
part
75
of
this
chapter
and
using
source­
specific
or
source­

categoryspecific
assumptions
that
ensure
a
source's
or
source
category's
actual
emissions
are
not
overestimated.
If
a
State
uses
factors
to
estimate
emissions,
production
or
utilization,
or
DRAFT
­
12/
2/
04
effectiveness
of
controls
or
rules
for
a
source
category,
such
factors
must
be
chosen
to
ensure
that
emissions
are
not
overestimated.

(
C)
For
measures
to
reduce
emissions
from
motor
vehicles,

emission
estimates
must
be
based
on
an
emissions
model
that
has
been
approved
by
EPA
for
use
in
SIP
development
and
must
be
consistent
with
the
planning
assumptions
regarding
vehicle
miles
traveled
and
other
factors
current
at
the
time
of
the
SIP
development.

(
D)
For
measures
to
reduce
emissions
from
nonroad
engines
or
vehicles,
emission
estimates
methodologies
must
be
approved
by
EPA.

(
ii)
A
detailed
baseline
inventory
of
SO2
mass
emissions
from
the
source
category
in
the
years
2010
and
2015,
absent
the
control
measures
specified
in
the
SIP
revision
and
reflecting
changes
in
these
emissions
from
the
historical
baseline
year
to
the
years
2010
and
2015,
based
on
projected
changes
in
the
production
input
or
output,
population,
vehicle
miles
traveled,

economic
activity,
or
other
factors
as
applicable
to
this
source
category.

(
A)
These
inventories
must
account
for
implementation
of
any
control
measures
that
are
adopted
or
implemented
by
the
State,
as
of
[
Insert
the
date
of
publication
of
the
final
Clean
Air
Interstate
Rule],
or
adopted
or
implemented
by
the
federal
DRAFT
­
12/
2/
04
government,
as
of
the
date
of
submission
of
the
SIP
revision
by
the
State
to
EPA,
and
must
exclude
any
control
measures
specified
in
the
SIP
revision
to
meet
the
SO2
emissions
reduction
requirements
of
this
section.

(
B)
Economic
and
population
forecasts
must
be
as
specific
as
possible
to
the
applicable
industry,
State,
and
county
of
the
source
or
source
category
and
must
be
consistent
with
both
national
projections
and
relevant
official
planning
assumptions,

including
estimates
of
population
and
vehicle
miles
traveled
developed
through
consultation
between
State
and
local
transportation
and
air
quality
agencies.
However,
if
these
official
planning
assumptions
are
inconsistent
with
official
U.
S.

Census
projections
of
population
or
with
energy
consumption
projections
contained
in
the
U.
S.
Department
of
Energy's
most
recent
Annual
Energy
Outlook,
then
the
SIP
revision
must
make
adjustments
to
correct
the
inconsistency
or
must
demonstrate
how
the
official
planning
assumptions
are
more
accurate.

(
C)
These
inventories
must
account
for
any
changes
in
production
method,
materials,
fuels,
or
efficiency
that
are
expected
to
occur
between
the
historical
baseline
year
and
2010
or
2015,
as
appropriate.

(
iii)
A
projection
of
SO2
mass
emissions
in
2010
and
2015
from
the
source
category
assuming
the
same
projected
changes
as
under
paragraph
(
g)(
2)(
ii)
of
this
section
and
resulting
from
DRAFT
­
12/
2/
04
implementation
of
each
of
the
control
measures
specified
in
the
SIP
revision.

(
A)
These
inventories
must
address
the
possibility
that
the
State's
new
control
measures
may
cause
production
or
utilization,

and
emissions,
to
shift
to
unregulated
or
less
stringently
regulated
sources
in
the
source
category
in
the
same
or
another
State,
and
these
inventories
must
include
any
such
amounts
of
emissions
that
may
shift
to
such
other
sources.

(
B)
The
State
must
provide
EPA
with
a
summary
of
the
computations,
assumptions,
and
judgments
used
to
determine
the
degree
of
reduction
in
projected
2010
and
2015
SO2
emissions
that
will
be
achieved
from
the
implementation
of
the
new
control
measures
compared
to
the
relevant
baseline
emissions
inventory.

(
iv)
The
result
of
subtracting
the
amounts
in
paragraph
(
g)(
2)(
iii)
of
this
section
for
2010
and
2015,
respectively,
from
the
lower
of
the
amounts
in
paragraph
(
g)(
2)(
i)
or
(
g)(
2)(
ii)
of
this
section
for
2010
and
2015,
respectively,
may
be
credited
towards
the
State's
Annual
Non­
EGU
SO2
Reduction
Requirement
in
paragraph
(
e)(
3)
of
this
section
for
the
appropriate
period.

(
v)
Each
SIP
revision
must
identify
the
sources
of
the
data
used
in
each
estimate
and
each
projection
of
emissions.

(
h)
Each
SIP
revision
must
comply
with
§
51.116
(
regarding
data
availability).

(
i)
Each
SIP
revision
must
provide
for
monitoring
the
status
DRAFT
­
12/
2/
04
of
compliance
with
any
control
measures
adopted
to
meet
the
State's
requirements
under
paragraph
(
e)
of
this
section,
as
follows:

(
1)
The
SIP
revision
must
provide
for
legally
enforceable
procedures
for
requiring
owners
or
operators
of
stationary
sources
to
maintain
records
of,
and
periodically
report
to
the
State:

(
i)
Information
on
the
amount
of
SO2
emissions
from
the
stationary
sources;
and
(
ii)
Other
information
as
may
be
necessary
to
enable
the
State
to
determine
whether
the
sources
are
in
compliance
with
applicable
portions
of
the
control
measures;

(
2)
The
SIP
revision
must
comply
with
§
51.212
(
regarding
testing,
inspection,
enforcement,
and
complaints);

(
3)
If
the
SIP
revision
contains
any
transportation
control
measures,
then
the
SIP
revision
must
comply
with
§
51.213
(
regarding
transportation
control
measures);

(
4)(
i)
If
the
SIP
revision
contains
measures
to
control
EGUs,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
part
75
of
this
chapter.

(
ii)
If
the
SIP
revision
contains
measures
to
control
fossil
fuel­
fired
non­
EGUs
that
are
boilers
or
combustion
turbines
with
a
maximum
design
heat
input
greater
than
250
mmBtu/
hr,
then
the
DRAFT
­
12/
2/
04
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
part
75
of
this
chapter.

(
iii)
If
the
SIP
revision
contains
measures
to
control
any
other
non­
EGUs
that
are
not
described
in
paragraph
(
i)(
4)(
ii)
of
this
section,
then
the
SIP
revision
must
require
such
sources
to
comply
with
the
monitoring,
recordkeeping,
and
reporting
provisions
of
part
75
of
this
chapter,
or
the
State
must
demonstrate
why
such
requirements
are
not
practicable
and
adopt
alternative
requirements
that
ensure
that
the
required
emissions
reductions
will
be
quantified,
to
the
maximum
extent
practicable,

with
the
same
degree
of
assurance
with
which
emissions
are
quantified
for
sources
subject
to
part
75
of
this
chapter.

(
j)
Each
SIP
revision
must
show
that
the
State
has
legal
authority
to
carry
out
the
SIP
revision,
including
authority
to:

(
1)
Adopt
emissions
standards
and
limitations
and
any
other
measures
necessary
for
attainment
and
maintenance
of
the
State's
relevant
Annual
EGU
SO2
Budget
or
the
Annual
Non­
EGU
SO2
Reduction
Requirement,
as
applicable,
under
paragraph
(
e);

(
2)
Enforce
applicable
laws,
regulations,
and
standards
and
seek
injunctive
relief;

(
3)
Obtain
information
necessary
to
determine
whether
air
pollution
sources
are
in
compliance
with
applicable
laws,

regulations,
and
standards,
including
authority
to
require
DRAFT
­
12/
2/
04
recordkeeping
and
to
make
inspections
and
conduct
tests
of
air
pollution
sources;
and
(
4)(
i)
Require
owners
or
operators
of
stationary
sources
to
install,
maintain,
and
use
emissions
monitoring
devices
and
to
make
periodic
reports
to
the
State
on
the
nature
and
amounts
of
emissions
from
such
stationary
sources;
and
(
ii)
Make
the
data
described
in
paragraph
(
j)(
4)(
i)
of
this
section
available
to
the
public
within
a
reasonable
time
after
being
reported
and
as
correlated
with
any
applicable
emissions
standards
or
limitations.

(
k)(
1)
The
provisions
of
law
or
regulation
that
the
State
determines
provide
the
authorities
required
under
this
section
must
be
specifically
identified,
and
copies
of
such
laws
or
regulations
must
be
submitted
with
the
SIP
revision.

(
2)
Legal
authority
adequate
to
fulfill
the
requirements
of
paragraphs
(
j)(
3)
and
(
4)
of
this
section
may
be
delegated
to
the
State
under
section
114
of
the
CAA.

(
l)(
1)
A
SIP
revision
may
assign
legal
authority
to
local
agencies
in
accordance
with
§
51.232.

(
2)
Each
SIP
revision
must
comply
with
§
51.240
(
regarding
general
plan
requirements).

(
m)
Each
SIP
revision
must
comply
with
§
51.280
(
regarding
resources).

(
n)
Each
SIP
revision
must
provide
for
State
compliance
with
DRAFT
­
12/
2/
04
the
reporting
requirements
in
§
51.125.

(
o)(
1)
Notwithstanding
any
other
provision
of
this
section,

if
a
State
adopts
regulations
substantively
identical
to
subparts
AAA
through
III
of
part
96
of
this
chapter
(
CAIR
SO2
Trading
Program),
incorporates
such
subparts
by
reference
into
its
regulations,
or
adopts
regulations
that
differ
substantively
from
such
subparts
only
as
set
forth
in
paragraph
(
o)(
2)
of
this
section,
then
such
emissions
trading
program
in
the
State's
SIP
revision
is
automatically
approved
as
meeting
the
requirements
of
paragraph
(
e)
of
this
section,
provided
that
the
State
has
the
legal
authority
to
take
such
action
and
to
implement
its
responsibilities
under
such
regulations.

(
2)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AAA
through
III
of
part
96
of
this
chapter
only
as
follows,
then
the
emissions
trading
program
is
approved
as
set
forth
in
paragraph
(
o)(
1)
of
this
section.

(
i)
The
State
may
decline
to
adopt
the
CAIR
SO2
opt­
in
provisions
of
subpart
III
of
this
part
and
the
provisions
applicable
only
to
CAIR
SO2
opt­
in
units
in
subparts
AAA
through
HHH
of
this
part.

(
ii)
The
State
may
decline
to
adopt
the
CAIR
SO2
opt­
in
provisions
of
§
96.288(
b)
and
the
provisions
of
subpart
III
of
this
part
applicable
only
to
CAIR
SO2
opt­
in
units
under
§
96.288(
b).
DRAFT
­
12/
2/
04
(
iii)
The
State
may
decline
to
adopt
the
CAIR
SO2
opt­
in
provisions
of
§
96.288(
c)
and
the
provisions
of
subpart
II
of
this
part
applicable
only
to
CAIR
SO2
opt­
in
units
under
§
96.288(
c).

(
3)
A
State
that
adopts
an
emissions
trading
program
in
accordance
with
paragraph
(
o)(
1)
or
(
2)
of
this
section
is
not
required
to
adopt
an
emissions
trading
program
in
accordance
with
§
96.123
(
o)(
1)
or
(
2)
or
(
aa)(
1)
or
(
2).

(
4)
If
a
State
adopts
an
emissions
trading
program
that
differs
substantively
from
subparts
AAA
through
III
of
part
96
of
this
chapter,
other
than
as
set
forth
in
paragraph
(
o)(
2)(
ii)
of
this
section,
then
such
emissions
trading
program
is
not
automatically
approved
as
set
forth
in
paragraph
(
o)(
1)
or
(
2)
of
this
section
and
will
be
reviewed
by
the
Administrator
for
approvability
in
accordance
with
the
other
provisions
of
this
section,
provided
that
the
SO2
allowances
issued
under
such
emissions
trading
program
shall
not,
and
the
SIP
revision
shall
state
that
such
SO2
allowances
shall
not,
qualify
as
CAIR
SO2
allowances
under
any
emissions
trading
program
approved
under
paragraph
(
o)(
1)
or
(
2)
of
this
section.

(
p)
If
a
State's
SIP
revision
does
not
contain
an
emissions
trading
program
approved
under
paragraph
(
o)(
1)
or
(
2)
of
this
section
but
contains
control
measures
on
EGUs
as
part
or
all
of
a
State's
obligation
in
meeting
its
requirement
under
paragraph
(
a)
DRAFT
­
12/
2/
04
of
this
section:

(
1)
The
SIP
revision
shall
provide,
for
each
year
that
the
State
has
such
obligation,
for
the
permanent
retirement
of
an
amount
of
Acid
Rain
allowances
allocated
to
sources
in
the
State
for
that
year
and
not
deducted
by
the
Administrator
under
the
Acid
Rain
Program
and
any
emissions
trading
program
approved
under
paragraph
(
o)(
1)
or
(
2)
of
this
section,
equal
to
the
difference
between­

(
A)
The
total
amount
of
Acid
Rain
allowances
allocated
under
the
Acid
Rain
Program
to
the
sources
in
the
State
for
that
year;

and
(
B)
If
the
State's
SIP
revision
contains
only
control
measures
on
EGUs,
the
State's
Annual
EGU
SO2
Budget
for
the
appropriate
period
as
specified
in
paragraph
(
e)(
2)
of
this
section
or,
if
the
State's
SIP
revision
contains
control
measures
on
EGUs
and
non­
EGUs,
the
State's
Annual
EGU
SO2
Budget
for
the
appropriate
period
as
specified
in
the
SIP
revision.

(
2)
The
SIP
revision
providing
for
permanent
retirement
of
Acid
Rain
allowances
under
paragraph
(
p)(
1)
of
this
section
must
ensure
that
such
allowances
are
not
available
for
deduction
by
the
Administrator
under
the
Acid
Rain
Program
and
any
emissions
trading
program
approved
under
paragraph
(
o)(
1)
or
(
2)
of
this
section.

(
q)
The
terms
used
in
this
section
shall
have
the
following
DRAFT
­
12/
2/
04
meanings:

Acid
Rain
Program
means
a
multi­
State
sulfur
dioxide
and
nitrogen
oxides
air
pollution
control
and
emissions
reduction
program
established
by
the
Administrator
under
title
IV
of
the
CAA
and
parts
72
through
78
of
this
chapter.

Acid
Rain
allowance
means
a
limited
authorization
issued
by
the
Administrator
under
the
Acid
Rain
Program
to
emit
up
to
one
ton
of
sulfur
dioxide
during
the
specified
year
or
any
year
thereafter,
except
as
otherwise
provided
by
the
Administrator.

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
or
the
Administrator's
duly
authorized
representative.

Allocate
or
allocation
means,
with
regard
to
allowances,
the
determination
of
the
amount
of
allowances
to
be
initially
credited
to
a
source.

Boiler
means
an
enclosed
fossil­
or
other­
fuel­
fired
combustion
device
used
to
produce
heat
and
to
transfer
heat
to
recirculating
water,
steam,
or
other
medium.

Bottoming­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
thermal
energy
and
at
least
some
of
the
reject
heat
from
the
useful
thermal
energy
application
or
process
is
then
used
for
electricity
production.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.
DRAFT
­
12/
2/
04
7401,
et
seq.

Cogeneration
unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine:

(
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
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.

Combustion
turbine
means:

(
1)
An
enclosed
device
comprising
a
compressor,
a
combustor,

and
a
turbine
and
in
which
the
flue
gas
resulting
from
the
combustion
of
fuel
in
the
combustor
passes
through
the
turbine,
DRAFT
­
12/
2/
04
rotating
the
turbine;
and
(
2)
If
the
enclosed
device
under
paragraph
(
1)
of
this
definition
is
combined
cycle,
any
associated
heat
recovery
steam
generator
and
steam
turbine.

Commence
operation
means
to
have
begun
any
mechanical,

chemical,
or
electronic
process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber.

Electric
generating
unit
or
EGU
means:

(
1)
Except
as
provided
in
paragraph
(
2)
of
this
definition,

a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossilfuel
fired
combustion
turbine
serving
at
any
time,
since
the
start­
up
of
a
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
cogeneration
unit
serving
at
any
time
a
generator
with
nameplate
capacity
of
more
than
25
MWe
and
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.
If
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
but
subsequently
no
DRAFT
­
12/
2/
04
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
1)
of
this
definition
starting
on
the
day
on
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

Fossil
fuel
means
natural
gas,
petroleum,
coal,
or
any
form
of
solid,
liquid,
or
gaseous
fuel
derived
from
such
material.

Fossil­
fuel­
fired
means,
with
regard
to
a
unit,
combusting
any
amount
of
fossil
fuel
in
any
calendar
year.

Generator
means
a
device
that
produces
electricity.

Maximum
design
heat
input
means:

(
1)
Starting
with
the
initial
installation
of
a
unit,
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
specified
by
the
manufacturer
of
the
unit;

(
2)(
i)
Except
as
provided
in
paragraph
(
2)(
ii)
of
this
definition,
starting
with
the
completion
of
any
subsequent
physical
change
in
the
unit
resulting
in
an
increase
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
of
such
completion,
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change;
or
(
ii)
For
purposes
of
applying
the
definition
of
the
term
"
potential
electrical
output
capacity,"
starting
with
the
completion
of
any
subsequent
physical
change
in
the
unit
DRAFT
­
12/
2/
04
resulting
in
a
decrease
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
of
such
completion,
such
decreased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

NAAQS
means
National
Ambient
Qir
Quality
Standard.

Nameplate
capacity
means,
starting
from
the
initial
installation
of
a
generator,
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings)
as
specified
by
the
manufacturer
of
the
generator
or,
starting
from
any
subsequent
physical
change
in
the
generator
resulting
in
an
increase
in
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings),
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Non­
EGU
means
a
source
of
SO2
emissions
that
is
not
an
EGU.

Potential
electrical
output
capacity
means
33
percent
of
a
unit's
maximum
design
heat
input,
divided
by
3,413
Btu/
kWh,

divided
by
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.

Sequential
use
of
energy
means:

(
1)
For
a
topping­
cycle
cogeneration
unit,
the
use
of
reject
heat
from
electricity
production
in
a
useful
thermal
energy
DRAFT
­
12/
2/
04
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.

Topping­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
power,
including
electricity,
and
at
least
some
of
the
reject
heat
from
the
electricity
production
is
then
used
to
provide
useful
thermal
energy.

Total
energy
input
means,
with
regard
to
a
cogeneration
unit,
total
energy
of
all
forms
supplied
to
the
cogeneration
unit,
excluding
energy
produced
by
the
cogeneration
unit
itself.

Total
energy
output
means,
with
regard
to
a
cogeneration
unit,
the
sum
of
useful
power
and
useful
thermal
energy
produced
by
the
cogeneration
unit.

Unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
a
stationary,
fossil­
fuel
fired
combustion
turbine
.

Useful
power
means,
with
regard
to
a
cogeneration
unit,

electricity
or
mechanical
energy
made
available
for
use,

excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
onsite
emission
controls).

Useful
thermal
energy
means,
with
regard
to
a
cogeneration
DRAFT
­
12/
2/
04
unit,
thermal
energy
that
is:

(
1)
Made
available
to
an
industrial
or
commercial
process,

excluding
any
heat
contained
in
condensate
return
or
makeup
water;

(
2)
Used
in
a
heat
application
(
e.
g.,
space
heating
or
domestic
hot
water
heating);
or
(
3)
Used
in
a
space
cooling
application
(
i.
e.,
thermal
energy
used
by
an
absorption
chiller).

Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

3.
Part
51
is
revised
by
adding
§
51.125
to
Subpart
G
to
read
as
follows:

§
51.125
Emissions
reporting
requirements
for
SIP
revisions
relating
to
budgets
for
SO2
and
NOX
emissions.

(
a)
For
its
transport
SIP
revision
under
§
51.123
and/
or
51.124
of
this
part,
each
State
must
submit
to
EPA
SO2
and/
or
NOX
emissions
data
as
described
in
this
section.

(
1)
Alabama,
Florida,
Georgia,
Illinois,
Indiana,
Iowa,

Kentucky,
Louisiana,
Maryland,
Michigan,
Minnesota,
Mississippi,

Missouri,
New
York,
North
Carolina,
Ohio,
Pennsylvania,
South
Carolina,
Tennessee,
Texas,
Virginia,
West
Virginia,
Wisconsin
and
the
District
of
Columbia,
must
report
annual
(
12
months)

emissions
of
SO2
and
NOX.
DRAFT
­
12/
2/
04
(
2)
Alabama,
Arkansas,
Connecticut,
Deleware,
Florida,

Illinois,
Indinia,
Iowa,
Kentucky,
Lousianna,
Maryland,

Massachusetts,
Michigan,
Mississippi,
Missouri,
New
Jersey,
New
York,
North
Carolina,
Ohio,
Pennsylvania,
South
Carolina,

Tennessee,
Virginia,
West
Virginia,
Wisconsin
and
the
District
of
Columbia
must
report
ozone
season
(
May
1
through
September
30)

emissions
of
NOX.

(
b)
Each
revision
must
provide
for
periodic
reporting
by
the
State
of
SO2
and/
or
NOX
emissions
data
as
specified
in
paragraph
(
a)
of
this
section
to
demonstrate
whether
the
State's
emissions
are
consistent
with
the
projections
contained
in
its
approved
SIP
submission.

(
1)
Every­
year
reporting
cycle.
As
applicable,
each
revision
must
provide
for
reporting
of
SO2
and
NOX
emissions
data
every
year
as
follows:

(
i)
The
States
identified
in
paragraph
(
a)(
1)
of
this
section
must
report
to
EPA
annual
emissions
data
every
year
from
all
SO2
and
NOX
sources
within
the
State
for
which
the
State
specified
control
measures
in
its
SIP
submission
under
§
§
51.123
and/
or
51.124
of
this
part.

(
ii)
The
States
identified
in
paragraph
(
a)(
2)
of
this
section
must
report
to
EPA
ozone
season
and
summer
daily
emissions
data
every
year
from
all
NOX
sources
within
the
State
for
which
the
State
specified
control
measures
in
its
SIP
DRAFT
­
12/
2/
04
submission
under
§
51.123
of
this
part.

(
iii)
If
sources
report
SO2
and
NOX
emissions
data
to
EPA
in
a
given
year
pursuant
to
a
trading
program
approved
under
§
51.123(
o)
or
§
51.124(
o)
of
this
part
or
pursuant
to
the
monitoring
and
reporting
requirements
of
40
CFR
part
75,
then
the
State
need
not
provide
annual
reporting
of
these
pollutants
to
EPA
for
such
sources.

(
2)
Three­
year
reporting
cycle.
As
applicable,
each
plan
must
provide
for
triennial
(
i.
e.,
every
third
year)
reporting
of
SO2
and
NOX
emissions
data
from
all
sources
within
the
State.

(
i)
The
States
identified
in
paragraph
(
a)(
1)
of
this
section
must
report
to
EPA
annual
emissions
data
every
third
year
from
all
SO2
and
NOX
sources
within
the
State.

(
ii)
The
States
identified
in
paragraph
(
a)(
2)
of
this
section
must
report
to
EPA
ozone
season
and
ozone
daily
emissions
data
every
third
year
from
all
NOX
sources
within
the
State.

(
3)
The
data
availability
requirements
in
§
51.116
of
this
part
must
be
followed
for
all
data
submitted
to
meet
the
requirements
of
paragraphs
(
b)(
1)
and(
2)
of
this
section.

(
c)
The
data
reported
in
paragraph
(
b)
of
this
section
must
meet
the
requirements
of
subpart
A
of
this
part.

(
d)
Approval
of
annual
and
ozone
season
calculation
by
EPA.

Each
State
must
submit
for
EPA
approval
an
example
of
the
calculation
procedure
used
to
calculate
annual
and
ozone
season
DRAFT
­
12/
2/
04
emissions
along
with
sufficient
information
for
EPA
to
verify
the
calculated
value
of
annual
and
ozone
season
emissions.

(
e)
Reporting
schedules.

(
1)
Reports
are
to
begin
with
data
for
emissions
occurring
in
the
year
2008,
which
is
the
first
year
of
the
3­
year
cycle.

(
2)
After
2008,
3­
year
cycle
reports
are
to
be
submitted
every
third
year
and
every­
year
cycle
reports
are
to
be
submitted
each
year
that
a
triennial
report
is
not
required.

(
3)
States
must
submit
data
for
a
required
year
no
later
than
17
months
after
the
end
of
the
calendar
year
for
which
the
data
are
collected.

(
f)
Data
reporting
procedures
are
given
in
subpart
A.
When
submitting
a
formal
NOX
budget
emissions
report
and
associated
data,
States
shall
notify
the
appropriate
EPA
Regional
Office.

(
g)
Definitions.
As
used
in
this
section,
"
ozone
season"
is
defined
as
follows:

(
1)
Ozone
season.
­
The
five
month
period
from
May
1
through
September
30.

Other
words
and
terms
shall
have
the
meanings
set
forth
in
appendix
A
of
subpart
A
of
this
part.

PART
72
 
PERMITS
REGULATION
1.
The
authority
citation
for
part
72
continues
to
read
as
follows:
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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:

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).
DRAFT
­
12/
2/
04
§
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
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
DRAFT
­
12/
2/
04
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
"
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
DRAFT
­
12/
2/
04
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:

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
DRAFT
­
12/
2/
04
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]

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.
DRAFT
­
12/
2/
04
(
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
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
DRAFT
­
12/
2/
04
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
"
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
DRAFT
­
12/
2/
04
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;

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)
*
*
*
DRAFT
­
12/
2/
04
(
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
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
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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
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.
DRAFT
­
12/
2/
04
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
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]
DRAFT
­
12/
2/
04
3.
Section
74.18
is
amended,
in
paragraph
(
d),
remove
the
last
sentence.

§
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
DRAFT
­
12/
2/
04
source
for
the
year
in
which
the
transfer
request
is
submitted
or
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";
DRAFT
­
12/
2/
04
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
Tracking
System
account
of
each
replacement
unit"
by
the
words
DRAFT
­
12/
2/
04
"
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
replacement
unit"
by
the
words
"
compliance
account
for
each
source
that
includes
the
opt­
in
source
or
a
replacement
unit".
DRAFT
­
12/
2/
04
§
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
follows:

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

§
77.3
[
Amended]

2.
Section
77.3
is
amended
by:
DRAFT
­
12/
2/
04
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),

(
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".
DRAFT
­
12/
2/
04
§
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
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
DRAFT
­
12/
2/
04
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.

(
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
DRAFT
­
12/
2/
04
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,

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,
DRAFT
­
12/
2/
04
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
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)",
DRAFT
­
12/
2/
04
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
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
DRAFT
­
12/
2/
04
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
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:
DRAFT
­
12/
2/
04
(
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
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
DRAFT
­
12/
2/
04
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
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".

PART
96
 
[
AMENDED]

1.
Authority
citation
for
Part
96
is
amended
to
read
as
DRAFT
­
12/
2/
04
follows:

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

2.
Part
96
is
amended
by
adding
subparts
AA
through
CC,

adding
and
reserving
subpart
DD
and
adding
subparts
EE
through
II
to
read
as
follows:

Subpart
AA
 
CAIR
NOX
Annual
Trading
Program
General
Provisions
96.101
Purpose.

96.102
Definitions.

96.103
Measurements,
abbreviations,
and
acronyms.

96.104
Applicability.

96.105
Retired
unit
exemption.

96.106
Standard
requirements.

96.107
Computation
of
time.

96.108
Appeal
Procedures.

Subpart
BB
 
CAIR
Designated
Representative
for
CAIR
NOX
Sources
96.110
Authorization
and
responsibilities
of
CAIR
designated
representative.

96.111
Alternate
CAIR
designated
representative.

96.112
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

96.113
Certificate
of
representation.

96.114
Objections
concerning
CAIR
designated
representative.

Subpart
CC
 
Permits
96.120
General
CAIR
NOX
Annual
Trading
Program
permit
DRAFT
­
12/
2/
04
requirements.

96.121
Submission
of
CAIR
permit
applications.

96.122
Information
requirements
for
CAIR
permit
applications.

96.123
CAIR
permit
contents
and
term.

96.124
CAIR
permit
revisions.

Subpart
DD
 
[
Reserved]

Subpart
EE
 
CAIR
NOX
Allowance
Allocations
96.140
State
trading
budgets.

96.141
Timing
requirements
for
CAIR
NOX
allowance
allocations.

96.142
CAIR
NOX
allowance
allocations.

96.143
Compliance
supplement
pool.

Subpart
FF
 
CAIR
NOX
Allowance
Tracking
System
96.150
[
Reserved]

96.151
Establishment
of
accounts.

96.152
Responsibilities
of
CAIR
authorized
account
representative.

96.153
Recordation
of
CAIR
NOX
allowance
allocations.

96.154
Compliance
with
CAIR
NOX
emissions
limitation.

96.155
Banking.

96.156
Account
error.

96.157
Closing
of
general
accounts.

Subpart
GG
 
CAIR
NOX
Allowance
Transfers
96.160
Submission
of
CAIR
NOX
allowance
transfers.

96.161
EPA
recordation.
DRAFT
­
12/
2/
04
96.162
Notification.

Subpart
HH
 
Monitoring
and
Reporting
96.170
General
requirements.

96.171
Initial
certification
and
recertification
procedures.

96.172
Out
of
control
periods.

96.173
Notifications.

96.174
Recordkeeping
and
reporting.

96.175
Petitions.

96.176
Additional
requirements
to
provide
heat
input
data.

Subpart
II
 
CAIR
NOX
Opt­
in
Units
96.180
Applicability.

96.181
General.

96.182
CAIR
designated
representative.

96.183
Applying
for
CAIR
opt­
in
permit.

96.184
Opt­
in
process.

96.185
CAIR
opt­
in
permit
contents.

96.186
Withdrawal
from
CAIR
NOX
Annual
Trading
Program.

96.187
Change
in
regulatory
status.

96.188
NOX
allowance
allocations
to
CAIR
NOX
opt­
in
units.

Subpart
AA
 
CAIR
NOX
Annual
Trading
Program
General
Provisions
§
96.101
Purpose.

This
subpart
and
subparts
BB
through
II
establish
the
model
rule
comprising
general
provisions
and
the
designated
representative,

permitting,
allowance,
monitoring,
and
opt­
in
provisions
for
the
DRAFT
­
12/
2/
04
State
Clean
Air
Interstate
Rule
(
CAIR)
NOX
Annual
Trading
Program,
under
section
110
of
the
Clean
Air
Act
and
§
51.123
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
nitrogen
oxides.
The
owner
or
operator
of
a
unit
or
a
source
shall
comply
with
the
requirements
of
this
subpart
and
subparts
BB
through
II
as
a
matter
of
federal
law
only
if
the
State
with
jurisdiction
over
the
unit
and
the
source
incorporates
by
reference
such
subparts
or
otherwise
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.123(
o)(
1)

or
(
2)
of
this
chapter,
the
State
submits
to
the
Administrator
one
or
more
revisions
of
the
State
implementation
plan
that
include
such
adoption,
and
the
Administrator
approves
such
revisions.
If
the
State
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.123(
o)(
1)
or
(
2)
of
this
chapter,
then
the
State
authorizes
the
Administrator
to
assist
the
State
in
implementing
the
CAIR
NOX
Annual
Trading
Program
by
carrying
out
the
functions
set
forth
for
the
Administrator
in
such
subparts.

§
96.102
Definitions.

The
terms
used
in
this
subpart
and
subparts
BB
through
II
shall
have
the
meanings
set
forth
in
this
section
as
follows:

Account
number
means
the
identification
number
given
by
the
Administrator
to
each
CAIR
NOX
Allowance
Tracking
System
account.

Acid
Rain
emissions
limitation
means
a
limitation
on
emissions
of
sulfur
dioxide
or
nitrogen
oxides
under
the
Acid
Rain
Program.
DRAFT
­
12/
2/
04
Acid
Rain
Program
means
a
multi­
state
sulfur
dioxide
and
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
established
by
the
Administrator
under
title
IV
of
the
CAA
and
parts
72
through
78
of
this
chapter.

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
or
the
Administrator's
duly
authorized
representative.

Allocate
or
allocation
means,
with
regard
to
CAIR
NOX
allowances
issued
under
subpart
EE,
the
determination
by
the
permitting
authority
or
the
Administrator
of
the
amount
of
such
CAIR
NOX
allowances
to
be
initially
credited
to
a
CAIR
NOX
unit
or
a
new
unit
set­
aside
and,
with
regard
to
CAIR
NOX
allowances
issued
under
§
96.188,
the
determination
by
the
permitting
authority
of
the
amount
of
such
CAIR
NOX
allowances
to
be
initially
credited
to
a
CAIR
NOX
unit.

Allowance
transfer
deadline
means,
for
a
control
period,
midnight
of
March
1,
if
it
is
a
business
day,
or,
if
March
1
is
not
a
business
day,
midnight
of
the
first
business
day
thereafter
immediately
following
the
control
period
and
is
the
deadline
by
which
a
CAIR
NOX
allowance
transfer
must
be
submitted
for
recordation
in
a
CAIR
NOX
source's
compliance
account
in
order
to
be
used
to
meet
the
source's
CAIR
NOX
emissions
limitation
for
such
control
period
in
accordance
with
§
96.154.

Alternate
CAIR
designated
representative
means,
for
a
CAIR
NOX
DRAFT
­
12/
2/
04
source
and
each
CAIR
NOX
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
units
at
the
source
in
accordance
with
subparts
BB
and
II
of
this
part,
to
act
on
behalf
of
the
CAIR
designated
representative
in
matters
pertaining
to
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
NOX
source
is
also
a
CAIR
SO2
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
SO2
Trading
Program.
If
the
CAIR
NOX
source
is
also
a
CAIR
NOX
Ozone
Season
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
NOX
Ozone
Season
Trading
Program.
If
the
CAIR
NOX
source
is
also
subject
to
the
Acid
Rain
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Acid
Rain
Program.

Automated
data
acquisition
and
handling
system
or
DAHS
means
that
component
of
the
continuous
emission
monitoring
system,
or
other
emissions
monitoring
system
approved
for
use
under
subpart
HH
of
this
part,
designed
to
interpret
and
convert
individual
output
signals
from
pollutant
concentration
monitors,
flow
monitors,

diluent
gas
monitors,
and
other
component
parts
of
the
monitoring
system
to
produce
a
continuous
record
of
the
measured
parameters
in
the
measurement
units
required
by
subpart
HH
of
this
part.

Boiler
means
an
enclosed
fossil­
or
other­
fuel­
fired
combustion
DRAFT
­
12/
2/
04
device
used
to
produce
heat
and
to
transfer
heat
to
recirculating
water,
steam,
or
other
medium.

Bottoming­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
thermal
energy
and
at
least
some
of
the
reject
heat
from
the
useful
thermal
energy
application
or
process
is
then
used
for
electricity
production.

CAIR
authorized
account
representative
means,
with
regard
to
a
general
account,
a
responsible
natural
person
who
is
authorized,

in
accordance
with
subpart
BB
and
II
of
this
part,
to
transfer
and
otherwise
dispose
of
CAIR
NOX
allowances
held
in
the
general
account
and,
with
regard
to
a
compliance
account,
the
CAIR
designated
representative
of
the
source.

CAIR
designated
representative
means,
for
a
CAIR
NOX
source
and
each
CAIR
NOX
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
units
at
the
source,
in
accordance
with
subparts
BB
and
II
of
this
part,
to
represent
and
legally
bind
each
owner
and
operator
in
matters
pertaining
to
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
NOX
source
is
also
a
CAIR
SO2
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
representative
under
the
CAIR
SO2
Trading
Program.
If
the
CAIR
NOX
source
is
also
a
CAIR
NOX
Ozone
Season
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
DRAFT
­
12/
2/
04
representative
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

If
the
CAIR
NOX
source
is
also
subject
to
the
Acid
Rain
Program,

then
this
natural
person
shall
be
the
same
person
as
the
designated
representative
under
the
Acid
Rain
Program.

CAIR
NOX
allowance
means
a
limited
authorization
issued
by
the
permitting
authority
under
subpart
EE
of
this
part
or
§
96.188
to
emit
one
ton
of
nitrogen
oxide
during
a
control
period
of
the
specified
calendar
year
for
which
the
authorization
is
allocated
or
of
any
calendar
year
thereafter
under
the
CAIR
NOX
Program.

An
authorization
to
emit
nitrogen
oxides
that
is
not
issued
under
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
o)(
1)
or
(
2)
of
this
chapter
shall
not
be
a
CAIR
NOX
allowance.

CAIR
NOX
allowance
deduction
or
deduct
CAIR
NOX
allowances
means
the
permanent
withdrawal
of
CAIR
NOX
allowances
by
the
Administrator
from
a
compliance
account
in
order
to
account
for
a
specified
number
of
tons
of
total
nitrogen
oxide
emissions
from
all
CAIR
NOX
units
at
a
CAIR
NOX
source
for
a
control
period,

determined
in
accordance
with
subpart
HH
of
this
part,
or
to
account
for
excess
emissions.

CAIR
NOX
Allowance
Tracking
System
means
the
system
by
which
the
Administrator
records
allocations,
deductions,
and
transfers
of
CAIR
NOX
allowances
under
the
CAIR
NOX
Annual
Trading
Program.

Such
allowances
will
be
allocated,
held,
deducted,
or
transferred
DRAFT
­
12/
2/
04
only
as
whole
allowances.

CAIR
NOX
Allowance
Tracking
System
account
means
an
account
in
the
CAIR
NOX
Allowance
Tracking
System
established
by
the
Administrator
for
purposes
of
recording
the
allocation,
holding,

transferring,
or
deducting
of
CAIR
NOX
allowances.

CAIR
NOX
allowances
held
or
hold
CAIR
NOX
allowances
means
the
CAIR
NOX
allowances
recorded
by
the
Administrator,
or
submitted
to
the
Administrator
for
recordation,
in
accordance
with
subparts
FF,
GG,
and
II
of
this
part,
in
a
CAIR
NOX
Allowance
Tracking
System
account.

CAIR
NOX
Annual
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
51.123
of
this
chapter,

as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
nitrogen
oxides.

CAIR
NOX
emissions
limitation
means,
for
a
CAIR
NOX
source,
the
tonnage
equivalent
of
the
CAIR
NOX
allowances
available
for
deduction
for
the
source
under
§
96.154(
a)
and
(
b)
for
a
control
period.

CAIR
NOX
Ozone
Season
source
means
a
source
that
includes
one
or
more
CAIR
NOX
Ozone
Season
units.

CAIR
NOX
Ozone
Season
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
DRAFT
­
12/
2/
04
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
51.123
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.

CAIR
NOX
Ozone
Season
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.304
and
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part.

CAIR
NOX
source
means
a
source
that
includes
one
or
more
CAIR
NOX
units.

CAIR
NOX
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Annual
Trading
Program
under
§
96.104
and,
except
for
purposes
of
§
96.105
and
subpart
EE
of
this
part,
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part.

CAIR
permit
means
the
legally
binding
and
federally
enforceable
written
document,
or
portion
of
such
document,
issued
by
the
permitting
authority
under
subpart
CC
of
this
part,
including
any
permit
revisions,
specifying
the
CAIR
NOX
Annual
Trading
Program
requirements
applicable
to
a
CAIR
NOX
source,
to
each
CAIR
NOX
unit
at
the
source,
and
to
the
owners
and
operators
and
the
CAIR
designated
representative
of
the
source
and
each
such
unit.

CAIR
SO2
source
means
a
source
that
includes
one
or
more
CAIR
SO2
units.

CAIR
SO2
Trading
Program
means
a
multi­
state
sulfur
dioxide
air
pollution
control
and
emission
reduction
program
approved
and
DRAFT
­
12/
2/
04
administered
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
51.124
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
sulfur
dioxide.

CAIR
SO2
unit
means
a
unit
that
is
subject
to
the
CAIR
SO2
Trading
Program
under
§
96.204
and
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.
7401,
et
seq.

Coal
means
any
solid
fuel
classified
as
anthracite,
bituminous,

subbituminous,
or
lignite.

Coal­
derived
fuel
means
any
fuel
(
whether
in
a
solid,
liquid,
or
gaseous
state)
produced
by
the
mechanical,
thermal,
or
chemical
processing
of
coal.

Coal­
fired
means:

(
1)
Except
for
purposes
of
subpart
EE
of
this
part,

combusting
any
amount
of
coal
or
coal­
derived
fuel,
alone
or
in
combination
with
any
amount
of
any
other
fuel,
during
any
year;

or
(
2)
For
purposes
of
subpart
EE
of
this
part,
combusting
any
amount
of
coal
or
coal­
derived
fuel,
alone
or
in
combination
with
any
amount
of
any
other
fuel,
during
a
specified
year.

Cogeneration
unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine:
DRAFT
­
12/
2/
04
(
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
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.

Combustion
turbine
means:

(
1)
An
enclosed
device
comprising
a
compressor,
a
combustor,

and
a
turbine
and
in
which
the
flue
gas
resulting
from
the
combustion
of
fuel
in
the
combustor
passes
through
the
turbine,

rotating
the
turbine;
and
(
2)
If
the
enclosed
device
under
paragraph
(
1)
of
this
definition
is
combined
cycle,
any
associated
heat
recovery
steam
DRAFT
­
12/
2/
04
generator
and
steam
turbine.

Commence
commercial
operation
means,
with
regard
to
a
unit
serving
a
generator:

(
1)
To
have
begun
to
produce
steam,
gas,
or
other
heated
medium
used
to
generate
electricity
for
sale
or
use,
including
test
generation,
except
as
provided
in
§
96.105.

(
i)
For
a
unit
that
is
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
that
is
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.105,
for
a
unit
that
is
not
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
DRAFT
­
12/
2/
04
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
NOX
unit
under
§
96.104.

(
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
unit's
date
of
commencement
of
commercial
operation.

(
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.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.184(
h)
or
§
96.187(
b)(
3),
for
a
CAIR
NOX
optin
unit
or
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
unit's
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.184(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
commercial
DRAFT
­
12/
2/
04
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
4)
Notwithstanding
paragraphs
(
1)
through
(
3)
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
means:

(
1)
To
have
begun
any
mechanical,
chemical,
or
electronic
process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber,
except
as
provided
in
§
96.105.

(
i)
For
a
unit
that
is
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
subsequently
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
DRAFT
­
12/
2/
04
source),
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.105,
for
a
unit
that
is
not
a
CAIR
NOX
unit
under
§
96.104
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
date
for
commencement
of
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
NOX
unit
under
§
96.104.

(
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
unit's
date
of
commencement
of
operation.

(
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.,
DRAFT
­
12/
2/
04
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.184(
h)
or
§
96.187(
b)(
3),
for
a
CAIR
NOX
optin
unit
or
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
unit's
date
for
commencement
of
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.184(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
DRAFT
­
12/
2/
04
appropriate.

Common
stack
means
a
single
flue
through
which
emissions
from
2
or
more
units
are
exhausted.

Compliance
account
means
a
CAIR
NOX
Allowance
Tracking
System
account,
established
by
the
Administrator
for
a
CAIR
NOX
source
under
subpart
FF
or
II
of
this
part,
in
which
any
CAIR
NOX
allowance
allocations
for
the
CAIR
NOX
units
at
the
source
are
initially
recorded
and
in
which
are
held
any
CAIR
NOX
allowances
available
for
use
for
a
control
period
in
order
to
meet
the
source's
CAIR
NOX
emissions
limitation
in
accordance
with
§
96.154.

Continuous
emission
monitoring
system
or
CEMS
means
the
equipment
required
under
subpart
HH
of
this
part
to
sample,
analyze,

measure,
and
provide,
by
means
of
readings
recorded
at
least
once
every
15
minutes
(
using
an
automated
data
acquisition
and
handling
system
(
DAHS)),
a
permanent
record
of
nitrogen
oxide
emissions,
stack
gas
volumetric
flow
rate,
stack
gas
moisture
content,
and
oxygen
or
carbon
dioxide
concentration
(
as
applicable),
in
a
manner
consistent
with
part
75
of
this
chapter.

The
following
systems
are
the
principal
types
of
continuous
emission
monitoring
systems
required
under
subpart
HH
of
this
part:

(
1)
A
flow
monitoring
system,
consisting
of
a
stack
flow
rate
monitor
and
an
automated
data
acquisition
and
handling
system
and
DRAFT
­
12/
2/
04
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
NOX
pollutant
concentration
monitor
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
NOX
emissions,
in
parts
per
million
(
ppm);

(
3)
A
nitrogen
oxides
emission
rate
(
or
NOX­
diluent)
monitoring
system,
consisting
of
a
NOX
pollutant
concentration
monitor,
a
diluent
gas
(
CO2
or
O2)
monitor,
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,

continuous
record
of
NOX
concentration,
in
parts
per
million
(
ppm),
diluent
gas
concentration,
in
percent
CO2
or
O2;
and
NOX
emission
rate,
in
pounds
per
million
British
thermal
units
(
lb/
mmBtu);

(
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
H2O;

(
5)
A
carbon
dioxide
monitoring
system,
consisting
of
a
CO2
pollutant
concentration
monitor
(
or
an
oxygen
monitor
plus
suitable
mathematical
equations
from
which
the
CO2
concentration
is
derived)
and
a
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
CO2
emissions,
in
percent
CO2;
and
DRAFT
­
12/
2/
04
(
6)
An
oxygen
monitoring
system,
consisting
of
an
O2
concentration
monitor
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
O2,
in
percent
O2.

Control
period
means
the
period
beginning
January
1
of
a
calendar
year
and
ending
on
December
31
of
the
same
year,
inclusive.

Emissions
means
air
pollutants
exhausted
from
a
unit
or
source
into
the
atmosphere,
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
as
determined
by
the
Administrator
in
accordance
with
subpart
HH
of
this
part.

Excess
emissions
means
any
ton
of
nitrogen
oxide
emitted
by
the
CAIR
NOX
units
at
a
CAIR
NOX
source
during
a
control
period
that
exceeds
the
CAIR
NOX
emissions
limitation
for
the
source.

Fossil
fuel
means
natural
gas,
petroleum,
coal,
or
any
form
of
solid,
liquid,
or
gaseous
fuel
derived
from
such
material.

Fossil­
fuel­
fired
means,
with
regard
to
a
unit,
combusting
any
amount
of
fossil
fuel
in
any
calendar
year.

Fuel
oil
means
any
petroleum­
based
fuel
(
including
diesel
fuel
or
petroleum
derivatives
such
as
oil
tar)
and
any
recycled
or
blended
petroleum
products
or
petroleum
by­
products
used
as
a
fuel
whether
in
a
liquid,
solid,
or
gaseous
state.

General
account
means
a
CAIR
NOX
Allowance
Tracking
System
account,
established
under
subpart
FF
of
this
part,
that
is
not
a
DRAFT
­
12/
2/
04
compliance
account.

Generator
means
a
device
that
produces
electricity.

Gross
electrical
output
means,
with
regard
to
a
cogeneration
unit,
electricity
made
available
for
use,
including
any
such
electricity
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
on­
site
emission
controls).

Heat
input
means,
with
regard
to
a
specified
period
of
time,
the
product
(
in
mmBtu/
time)
of
the
gross
calorific
value
of
the
fuel
(
in
Btu/
lb)
divided
by
1,000,000
Btu/
mmBtu
and
multiplied
by
the
fuel
feed
rate
into
a
combustion
device
(
in
lb
of
fuel/
time),
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
determined
by
the
Administrator
in
accordance
with
subpart
HH
of
this
part
and
excluding
the
heat
derived
from
preheated
combustion
air,
recirculated
flue
gases,

or
exhaust
from
other
sources.

Heat
input
rate
means
the
amount
of
heat
input
(
in
mmBtu)
divided
by
unit
operating
time
(
in
hr)
or,
with
regard
to
a
specific
fuel,
the
amount
of
heat
input
attributed
to
the
fuel
(
in
mmBtu)

divided
by
the
unit
operating
time
(
in
hr)
during
which
the
unit
combusts
the
fuel.

Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
customer
DRAFT
­
12/
2/
04
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
percentage
of
nameplate
capacity
and
associated
energy
from
any
specified
unit
and
pays
its
proportional
amount
of
such
unit's
total
costs,
pursuant
to
a
contract:

(
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
means,
starting
from
the
initial
installation
of
a
unit,
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
specified
by
the
manufacturer
of
the
unit,
or,
starting
from
the
completion
of
any
subsequent
physical
change
in
the
unit
resulting
in
a
decrease
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis,
such
decreased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Monitoring
system
means
any
monitoring
system
that
meets
the
requirements
of
subpart
HH
of
this
part,
including
a
continuous
emissions
monitoring
system,
an
alternative
monitoring
system,
or
DRAFT
­
12/
2/
04
an
excepted
monitoring
system
under
part
75
of
this
chapter.

Most
stringent
State
or
Federal
NOX
emissions
limitation
means,

with
regard
to
a
unit,
the
lowest
NOX
emissions
limitation
(
in
terms
of
lb/
mmBtu)
that
is
applicable
to
the
unit
under
State
or
Federal
law,
regardless
of
the
averaging
period
to
which
the
emissions
limitation
applies.

Nameplate
capacity
means,
starting
from
the
initial
installation
of
a
generator,
the
maximum
electrical
generating
output
(
in
MWe)

that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings)
as
specified
by
the
manufacturer
of
the
generator
or,
starting
from
any
subsequent
physical
change
in
the
generator
resulting
in
an
increase
in
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings),
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Oil­
fired
means,
for
purposes
of
subpart
EE
of
this
part,

combusting
fuel
oil
for
more
than
15.0
percent
of
the
annual
heat
input
in
a
specified
year.

Operator
means
any
person
who
operates,
controls,
or
supervises
a
CAIR
NOX
unit
or
a
CAIR
NOX
source
and
shall
include,
but
not
be
limited
to,
any
holding
company,
utility
system,
or
plant
manager
DRAFT
­
12/
2/
04
of
such
a
unit
or
source.

Owner
means
any
of
the
following
persons:

(
1)
With
regard
to
a
CAIR
NOX
source
or
a
CAIR
NOX
unit
at
a
source,
respectively:

(
i)
Any
holder
of
any
portion
of
the
legal
or
equitable
title
in
a
CAIR
NOX
unit
at
the
source
or
the
CAIR
NOX
unit;

(
ii)
Any
holder
of
a
leasehold
interest
in
a
CAIR
NOX
unit
at
the
source
or
the
CAIR
NOX
unit;
or
(
iii)
Any
purchaser
of
power
from
a
CAIR
NOX
unit
at
the
source
or
the
CAIR
NOX
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement;
provided
that,
unless
expressly
provided
for
in
a
leasehold
agreement,
owner
shall
not
include
a
passive
lessor,
or
a
person
who
has
an
equitable
interest
through
such
lessor,
whose
rental
payments
are
not
based
(
either
directly
or
indirectly)
on
the
revenues
or
income
from
such
CAIR
NOX
unit;
or
(
2)
With
regard
to
any
general
account,
any
person
who
has
an
ownership
interest
with
respect
to
the
CAIR
NOX
allowances
held
in
the
general
account
and
who
is
subject
to
the
binding
agreement
for
the
CAIR
authorized
account
representative
to
represent
the
person's
ownership
interest
with
respect
to
CAIR
NOX
allowances.

Permitting
authority
means
the
State
air
pollution
control
agency,
local
agency,
other
State
agency,
or
other
agency
authorized
by
the
Administrator
to
issue
or
revise
permits
to
meet
the
requirements
of
the
CAIR
NOX
Annual
Trading
Program
in
DRAFT
­
12/
2/
04
accordance
with
subpart
CC
of
this
part
or,
if
no
such
agency
has
been
so
authorized,
the
Administrator.

Potential
electrical
output
capacity
means
33
percent
of
a
unit's
maximum
design
heat
input,
divided
by
3,413
Btu/
kWh,
divided
by
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.

Receive
or
receipt
of
means,
when
referring
to
the
permitting
authority
or
the
Administrator,
to
come
into
possession
of
a
document,
information,
or
correspondence
(
whether
sent
in
hard
copy
or
by
authorized
electronic
transmission),
as
indicated
in
an
official
correspondence
log,
or
by
a
notation
made
on
the
document,
information,
or
correspondence,
by
the
permitting
authority
or
the
Administrator
in
the
regular
course
of
business.

Recordation,
record,
or
recorded
means,
with
regard
to
CAIR
NOX
allowances,
the
movement
of
CAIR
NOX
allowances
by
the
Administrator
into
or
between
CAIR
NOX
Allowance
Tracking
System
accounts,
for
purposes
of
allocation,
transfer,
or
deduction.

Reference
method
means
any
direct
test
method
of
sampling
and
analyzing
for
an
air
pollutant
as
specified
in
§
75.22
of
this
chapter.

Repowered
means,
with
regard
to
a
unit,
replacement
of
a
coalfired
boiler
with
one
of
the
following
coal­
fired
technologies
at
the
same
source
as
the
coal­
fired
boiler:

(
1)
Atmospheric
or
pressurized
fluidized
bed
combustion;

(
2)
Integrated
gasification
combined
cycle;
DRAFT
­
12/
2/
04
(
3)
Magnetohydrodynamics;

(
4)
Direct
and
indirect
coal­
fired
turbines;

(
5)
Integrated
gasification
fuel
cells;
or
(
6)
As
determined
by
the
Administrator
in
consultation
with
the
Secretary
of
Energy,
a
derivative
of
one
or
more
of
the
technologies
under
paragraphs
(
1)
through
(
5)
of
this
definition
and
any
other
coal­
fired
technology
capable
of
controlling
multiple
combustion
emissions
simultaneously
with
improved
boiler
or
generation
efficiency
and
with
significantly
greater
waste
reduction
relative
to
the
performance
of
technology
in
widespread
commercial
use
as
of
January
1,
2005.

Serial
number
means,
for
a
CAIR
NOX
allowance,
the
unique
identification
number
assigned
to
each
CAIR
NOX
allowance
by
the
Administrator.

Sequential
use
of
energy
means:

(
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.

Source
means
all
buildings,
structures,
or
installations
located
in
one
or
more
contiguous
or
adjacent
properties
under
common
control
of
the
same
person
or
persons.
For
purposes
of
section
DRAFT
­
12/
2/
04
502(
c)
of
the
Clean
Air
Act,
a
"
source,"
including
a
"
source"

with
multiple
units,
shall
be
considered
a
single
"
facility."

State
means
one
of
the
States
or
the
District
of
Columbia
that
adopts
the
CAIR
NOX
Annual
Trading
Program
pursuant
to
§
51.123(
o)(
1)
or
(
2)
of
this
chapter.

Submit
or
serve
means
to
send
or
transmit
a
document,

information,
or
correspondence
to
the
person
specified
in
accordance
with
the
applicable
regulation:

(
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
means
a
permit
issued
under
title
V
of
the
Clean
Air
Act
and
part
70
or
part
71
of
this
chapter.

Title
V
operating
permit
regulations
means
the
regulations
that
the
Administrator
has
approved
or
issued
as
meeting
the
requirements
of
title
V
of
the
Clean
Air
Act
and
part
70
or
71
of
this
chapter.

Ton
means
2,000
pounds.
For
the
purpose
of
determining
compliance
with
the
CAIR
NOX
emissions
limitation,
total
tons
of
nitrogen
oxides
emissions
for
a
control
period
shall
be
calculated
as
the
sum
of
all
recorded
hourly
emissions
(
or
the
DRAFT
­
12/
2/
04
mass
equivalent
of
the
recorded
hourly
emission
rates)
in
accordance
with
subpart
HH
of
this
part,
but
with
any
remaining
fraction
of
a
ton
equal
to
or
greater
than
0.50
tons
deemed
to
equal
one
ton
and
any
remaining
fraction
of
a
ton
less
than
0.50
tons
deemed
to
equal
zero
tons.

Topping­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
power,
including
electricity,
and
at
least
some
of
the
reject
heat
from
the
electricity
production
is
then
used
to
provide
useful
thermal
energy.

Total
energy
input
means,
with
regard
to
a
cogeneration
unit,

total
energy
of
all
forms
supplied
to
the
cogeneration
unit,

excluding
energy
produced
by
the
cogeneration
unit
itself.

Total
energy
output
means,
with
regard
to
a
cogeneration
unit,

the
sum
of
useful
power
and
useful
thermal
energy
produced
by
the
cogeneration
unit.

Unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
combustion
turbine
or
other
stationary,
fossil­
fuel­
fired
combustion
device.

Unit
operating
day
means
a
calendar
day
in
which
a
unit
combusts
any
fuel.

Unit
operating
hour
or
hour
of
unit
operation
means
an
hour
in
which
a
unit
combusts
any
fuel.

Useful
power
means,
with
regard
to
a
cogeneration
unit,

electricity
or
mechanical
energy
made
available
for
use,
DRAFT
­
12/
2/
04
excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
onsite
emission
controls).

Useful
thermal
energy
means,
with
regard
to
a
cogeneration
unit,

thermal
energy
that
is:

(
1)
Made
available
to
an
industrial
or
commercial
process
(
not
a
power
production
process),
excluding
any
heat
contained
in
condensate
return
or
makeup
water;

(
2)
Used
in
a
heating
application
(
e.
g.,
space
heating
or
domestic
hot
water
heating);
or
(
3)
Used
in
a
space
cooling
application
(
i.
e.,
thermal
energy
used
by
an
absorption
chiller).

Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

§
96.103
Measurements,
abbreviations,
and
acronyms.

Measurements,
abbreviations,
and
acronyms
used
in
this
part
are
defined
as
follows:

Btu­
British
thermal
unit.

CO2­
carbon
dioxide.

NOX­
nitrogen
oxide.

hr­
hour.

kW­
kilowatt
electrical.
DRAFT
­
12/
2/
04
kWh­
kilowatt
hour.

mmBtu­
million
Btu.

MWe­
megawatt
electrical.

MWh­
megawatt
hour.

O2­
oxygen.

ppm­
parts
per
million.

lb­
pound.

scfh­
standard
cubic
feet
per
hour.

SO2­
sulfur
dioxide.

H2O­
water.

yr­
year.

§
96.104
Applicability.

The
following
units
in
a
State
shall
be
CAIR
NOX
units,
and
any
source
that
includes
one
or
more
such
units
shall
be
a
CAIR
NOX
source,
subject
to
the
requirements
of
this
subpart
and
subparts
BB
through
HH
of
this
part:

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­

fuelfired
combustion
turbine
serving
at
any
time,
since
the
start­
up
of
a
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
b)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
DRAFT
­
12/
2/
04
cogeneration
unit
serving
at
any
time
a
generator
with
nameplate
capacity
of
more
than
25
MWe
and
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.
If
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
a)
of
this
section
starting
on
the
day
on
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

§
96.105
Retired
unit
exemption.

(
a)(
1)
Any
CAIR
NOX
unit
that
is
permanently
retired
and
is
not
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part
shall
be
exempt
from
the
CAIR
NOX
Annual
Trading
Program,
except
for
the
provisions
of
this
section,
§
96.102,
§
96.103,
§
96.104,
§
96.106(
c)(
4)
through
(
8),
§
96.107,
and
subparts
EE
through
GG
of
this
part.

(
2)
The
exemption
under
paragraph
(
a)(
1)
of
this
section
shall
become
effective
the
day
on
which
the
CAIR
NOX
unit
is
permanently
retired.
Within
30
days
of
the
unit's
permanent
retirement,
the
CAIR
designated
representative
shall
submit
a
statement
to
the
permitting
authority
otherwise
responsible
for
administering
any
CAIR
permit
for
the
unit
and
shall
submit
a
copy
of
the
statement
to
the
Administrator.
The
statement
shall
DRAFT
­
12/
2/
04
state,
in
a
format
prescribed
by
the
permitting
authority,
that
the
unit
was
permanently
retired
on
a
specific
date
and
will
comply
with
the
requirements
of
paragraph
(
b)
of
this
section.

(
3)
After
receipt
of
the
notice
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.

(
1)
A
unit
exempt
under
paragraph
(
a)
of
this
section
shall
not
emit
any
nitrogen
oxides,
starting
on
the
date
that
the
exemption
takes
effect.

(
2)
The
permitting
authority
will
allocate
CAIR
NOX
allowances
under
subpart
EE
of
this
part
to
a
unit
exempt
under
paragraph
(
a)
of
this
section.

(
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.
DRAFT
­
12/
2/
04
(
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
NOX
Annual
Trading
Program
concerning
all
periods
for
which
the
exemption
is
not
in
effect,
even
if
such
requirements
arise,
or
must
be
complied
with,
after
the
exemption
takes
effect.

(
5)
A
unit
exempt
under
paragraph
(
a)
of
this
section
and
located
at
a
source
that
is
required,
or
but
for
this
exemption
would
be
required,
to
have
a
title
V
operating
permit
shall
not
resume
operation
unless
the
CAIR
designated
representative
of
the
source
submits
a
complete
CAIR
permit
application
under
§
96.122
for
the
unit
not
less
than
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2009
or
the
date
on
which
the
unit
resumes
operation.

(
6)
On
the
earlier
of
the
following
dates,
a
unit
exempt
under
paragraph
(
a)
of
this
section
shall
lose
its
exemption:

(
i)
The
date
on
which
the
CAIR
designated
representative
submits
a
CAIR
permit
application
for
the
unit
under
paragraph
(
b)(
5)
of
this
section;

(
ii)
The
date
on
which
the
CAIR
designated
representative
is
required
under
paragraph
(
b)(
5)
of
this
section
to
submit
a
CAIR
permit
application
for
the
unit;
or
(
iii)
The
date
on
which
the
unit
resumes
operation,
if
the
DRAFT
­
12/
2/
04
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
operation
and
commercial
operation
on
the
first
date
on
which
the
unit
resumes
operation.

§
96.106
Standard
requirements.

(
a)
Permit
Requirements.

(
1)
The
CAIR
designated
representative
of
each
CAIR
NOX
source
required
to
have
a
title
V
operating
permit
and
each
CAIR
NOX
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall:

(
i)
Submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.122
in
accordance
with
the
deadlines
specified
in
§
96.121(
a)
and
(
b);
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
NOX
source
required
to
have
a
title
V
operating
permit
and
each
CAIR
NOX
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall
have
a
CAIR
permit
issued
by
the
permitting
authority
under
subpart
CC
DRAFT
­
12/
2/
04
of
this
part
for
the
source
and
operate
the
source
and
the
unit
in
compliance
with
such
CAIR
permit.

(
3)
Except
as
provided
in
subpart
II
of
this
part,
the
owners
and
operators
of
a
CAIR
NOX
source
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
and
each
CAIR
NOX
unit
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
are
not
required
to
submit
a
CAIR
permit
application,
and
to
have
a
CAIR
permit,
under
subpart
CC
of
this
part
for
such
CAIR
NOX
source
and
such
CAIR
NOX
unit.

(
b)
Monitoring,
reporting,
and
recordkeeping
requirements.

(
1)
The
owners
and
operators,
and
the
CAIR
designated
representative,
of
each
CAIR
NOX
source
and
each
CAIR
NOX
unit
at
the
source
shall
comply
with
the
monitoring,
reporting,
and
recordkeeping
requirements
of
subpart
HH
of
this
part.

(
2)
The
emissions
measurements
recorded
and
reported
in
accordance
with
subpart
HH
of
this
part
shall
be
used
to
determine
compliance
by
each
CAIR
NOX
source
with
the
CAIR
NOX
emissions
limitation
under
paragraph
(
c)
of
this
section.

(
c)
Nitrogen
oxide
emission
requirements.

(
1)
As
of
the
allowance
transfer
deadline
for
a
control
period,
the
owners
and
operators
of
each
CAIR
NOX
source
and
each
CAIR
NOX
unit
at
the
source
shall
hold,
in
the
source's
compliance
account,
CAIR
NOX
allowances
available
for
compliance
deductions
for
the
control
period
under
§
96.154(
a)
in
an
amount
not
less
DRAFT
­
12/
2/
04
than
the
tons
of
total
nitrogen
oxides
emissions
for
the
control
period
from
all
CAIR
NOX
units
at
the
source,
as
determined
in
accordance
with
subpart
HH
of
this
part.

(
2)
A
CAIR
NOX
unit
shall
be
subject
to
the
requirements
under
paragraph
(
c)(
1)
of
this
section
starting
on
the
later
of
January
1,
2009
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
96.170(
b)(
1),(
2),
or
(
5).

(
3)
A
CAIR
NOX
allowance
shall
not
be
deducted,
for
compliance
with
the
requirements
under
paragraph
(
c)(
1)
of
this
section,
for
a
control
period
in
a
calendar
year
before
the
year
for
which
the
CAIR
NOX
allowance
was
allocated.

(
4)
CAIR
NOX
allowances
shall
be
held
in,
deducted
from,
or
transferred
into
or
among
CAIR
NOX
Allowance
Tracking
System
accounts
in
accordance
with
subpart
EE
of
this
part.

(
5)
A
CAIR
NOX
allowance
is
a
limited
authorization
to
emit
one
ton
of
nitrogen
oxide
in
accordance
with
the
CAIR
NOX
Annual
Trading
Program.
No
provision
of
the
CAIR
NOX
Annual
Trading
Program,
the
CAIR
permit
application,
the
CAIR
permit,
or
an
exemption
under
§
96.105
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
the
State
or
the
United
States
to
terminate
or
limit
such
authorization.

(
6)
A
CAIR
NOX
allowance
does
not
constitute
a
property
right.

(
7)
Upon
recordation
by
the
Administrator
under
subparts
FF,
DRAFT
­
12/
2/
04
GG,
or
II
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
NOX
allowance
to
or
from
a
CAIR
NOX
unit's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source
that
includes
the
CAIR
NOX
unit.

(
d)
Excess
emissions
requirements.

(
1)
If
a
CAIR
NOX
source
emits
nitrogen
oxides
during
any
control
period
in
excess
of
the
CAIR
NOX
emissions
limitation,

then:

(
i)
The
owners
and
operators
of
the
source
and
each
CAIR
NOX
unit
at
the
source
shall
surrender
the
CAIR
NOX
allowances
required
for
deduction
under
§
96.154(
d)(
1)
and
pay
any
fine,

penalty,
or
assessment
or
comply
with
any
other
remedy
imposed,

for
the
same
violations,
under
the
Clean
Air
Act
or
applicable
State
law;
and
(
ii)
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.

(
1)
Unless
otherwise
provided,
the
owners
and
operators
of
the
CAIR
NOX
source
and
each
CAIR
NOX
unit
at
the
source
shall
keep
on
site
at
the
source
each
of
the
following
documents
for
a
period
of
5
years
from
the
date
the
document
is
created.
This
period
may
be
extended
for
cause,
at
any
time
before
the
end
of
5
years,
in
writing
by
the
permitting
authority
or
the
DRAFT
­
12/
2/
04
Administrator.

(
i)
The
certificate
of
representation
under
§
96.113
for
the
CAIR
designated
representative
for
the
source
and
each
CAIR
NOX
unit
at
the
source
and
all
documents
that
demonstrate
the
truth
of
the
statements
in
the
certificate
of
representation;
provided
that
the
certificate
and
documents
shall
be
retained
on
site
at
the
source
beyond
such
5­
year
period
until
such
documents
are
superseded
because
of
the
submission
of
a
new
certificate
of
representation
under
§
96.113
changing
the
CAIR
designated
representative.

(
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
NOX
Annual
Trading
Program.

(
iv)
Copies
of
all
documents
used
to
complete
a
CAIR
permit
application
and
any
other
submission
under
the
CAIR
NOX
Annual
Trading
Program
or
to
demonstrate
compliance
with
the
requirements
of
the
CAIR
NOX
Annual
Trading
Program.

(
2)
The
CAIR
designated
representative
of
a
CAIR
NOX
source
and
each
CAIR
NOX
unit
at
the
source
shall
submit
the
reports
required
under
the
CAIR
NOX
Annual
Trading
Program,
including
DRAFT
­
12/
2/
04
those
under
subpart
HH
of
this
part.

(
f)
Liability.

(
1)
Each
CAIR
NOX
source
and
each
CAIR
NOX
unit
shall
meet
the
requirements
of
the
CAIR
NOX
Annual
Trading
Program.

(
2)
Any
provision
of
the
CAIR
NOX
Annual
Trading
Program
that
applies
to
a
CAIR
NOX
source
or
the
CAIR
designated
representative
of
a
CAIR
NOX
source
shall
also
apply
to
the
owners
and
operators
of
such
source
and
of
the
CAIR
NOX
units
at
the
source.

(
3)
Any
provision
of
the
CAIR
NOX
Annual
Trading
Program
that
applies
to
a
CAIR
NOX
unit
or
the
CAIR
designated
representative
of
a
CAIR
NOX
unit
shall
also
apply
to
the
owners
and
operators
of
such
unit.

(
g)
Effect
on
other
authorities.
No
provision
of
the
CAIR
NOX
Annual
Trading
Program,
a
CAIR
permit
application,
a
CAIR
permit,
or
an
exemption
under
§
96.105
shall
be
construed
as
exempting
or
excluding
the
owners
and
operators,
and
the
CAIR
designated
representative,
of
a
CAIR
NOX
source
or
CAIR
NOX
unit
from
compliance
with
any
other
provision
of
the
applicable,

approved
State
implementation
plan,
a
federally
enforceable
permit,
or
the
Clean
Air
Act.

§
96.107
Computation
of
time.

(
a)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
NOX
Annual
Trading
Program,
to
begin
on
the
occurrence
of
an
act
or
event
shall
begin
on
the
day
the
act
or
DRAFT
­
12/
2/
04
event
occurs.

(
b)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
NOX
Annual
Trading
Program,
to
begin
before
the
occurrence
of
an
act
or
event
shall
be
computed
so
that
the
period
ends
the
day
before
the
act
or
event
occurs.

(
c)
Unless
otherwise
stated,
if
the
final
day
of
any
time
period,
under
the
CAIR
NOX
Annual
Trading
Program,
falls
on
a
weekend
or
a
State
or
Federal
holiday,
the
time
period
shall
be
extended
to
the
next
business
day.

§
96.108
Appeal
Procedures.

The
appeal
procedures
for
decisions
of
the
Administrator
under
the
CAIR
NOX
Annual
Trading
Program
are
set
forth
in
part
78
of
this
chapter.

Subpart
BB
 
CAIR
designated
representative
for
CAIR
NOX
sources
§
96.110
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
96.111,
each
CAIR
NOX
source,

including
all
CAIR
NOX
units
at
the
source,
shall
have
one
and
only
one
CAIR
designated
representative,
with
regard
to
all
matters
under
the
CAIR
NOX
Annual
Trading
Program
concerning
the
source
or
any
CAIR
NOX
unit
at
the
source.

(
b)
The
CAIR
designated
representative
of
the
CAIR
NOX
source
shall
be
selected
by
an
agreement
binding
on
the
owners
and
operators
of
the
source
and
all
CAIR
NOX
units
at
the
source
and
DRAFT
­
12/
2/
04
shall
act
in
accordance
with
the
certification
statement
in
§
96.113(
a)(
5)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.113,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
each
owner
and
operator
of
the
CAIR
NOX
source
represented
and
each
CAIR
NOX
unit
at
the
source
in
all
matters
pertaining
to
the
CAIR
NOX
Annual
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
designated
representative
and
such
owners
and
operators.
The
owners
and
operators
shall
be
bound
by
any
decision
or
order
issued
to
the
CAIR
designated
representative
by
the
permitting
authority,
the
Administrator,
or
a
court
regarding
the
source
or
unit.

(
d)
No
CAIR
permit
will
be
issued,
no
emissions
data
reports
will
be
accepted,
and
no
CAIR
NOX
Allowance
Tracking
System
account
will
be
established
for
a
CAIR
NOX
unit
at
a
source,
until
the
Administrator
has
received
a
complete
certificate
of
representation
under
§
96.113
for
a
CAIR
designated
representative
of
the
source
and
the
CAIR
NOX
units
at
the
source.

(
e)(
1)
Each
submission
under
the
CAIR
NOX
Annual
Trading
Program
shall
be
submitted,
signed,
and
certified
by
the
CAIR
designated
representative
for
each
CAIR
NOX
source
on
behalf
of
which
the
submission
is
made.
Each
such
submission
shall
include
DRAFT
­
12/
2/
04
the
following
certification
statement
by
the
CAIR
designated
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
source
or
units
for
which
the
submission
is
made.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
2)
The
permitting
authority
and
the
Administrator
will
accept
or
act
on
a
submission
made
on
behalf
of
owner
or
operators
of
a
CAIR
NOX
source
or
a
CAIR
NOX
unit
only
if
the
submission
has
been
made,
signed,
and
certified
in
accordance
with
paragraph
(
e)(
1)
of
this
section.

§
96.111
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
96.113
may
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
DRAFT
­
12/
2/
04
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.113,
any
representation,

action,
inaction,
or
submission
by
the
alternate
CAIR
designated
representative
shall
be
deemed
to
be
a
representation,
action,

inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
96.102,
96.110(
a)
and
(
d),

96.112,
96.113,
96.151
and
96.182,
whenever
the
term
"
CAIR
designated
representative"
is
used
in
subparts
AA
through
II
of
this
part,
the
term
shall
be
construed
to
include
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative.

§
96.112
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.113.
Notwithstanding
any
such
change,

all
representations,
actions,
inactions,
and
submissions
by
the
previous
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
NOX
source
DRAFT
­
12/
2/
04
and
the
CAIR
NOX
units
at
the
source.

(
b)
Changing
alternate
CAIR
designated
representative.
The
alternate
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.113.
Notwithstanding
any
such
change,
all
representations,
actions,
inactions,
and
submissions
by
the
previous
alternate
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
alternate
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
NOX
source
and
the
CAIR
NOX
units
at
the
source.

(
c)
Changes
in
owners
and
operators.

(
1)
In
the
event
a
new
owner
or
operator
of
a
CAIR
NOX
source
or
a
CAIR
NOX
unit
is
not
included
in
the
list
of
owners
and
operators
in
the
certificate
of
representation
under
§
96.113,

such
new
owner
or
operator
shall
be
deemed
to
be
subject
to
and
bound
by
the
certificate
of
representation,
the
representations,

actions,
inactions,
and
submissions
of
the
CAIR
designated
representative
and
any
alternate
CAIR
designated
representative
of
the
source
or
unit,
and
the
decisions
and
orders
of
the
permitting
authority,
the
Administrator,
or
a
court,
as
if
the
new
owner
or
operator
were
included
in
such
list.

(
2)
Within
30
days
following
any
change
in
the
owners
and
DRAFT
­
12/
2/
04
operators
of
a
CAIR
NOX
source
or
a
CAIR
NOX
unit,
including
the
addition
of
a
new
owner
or
operator,
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative
shall
submit
a
revision
to
the
certificate
of
representation
under
§
96.113
amending
the
list
of
owners
and
operators
to
include
the
change.

§
96.113
Certificate
of
representation.

(
a)
A
complete
certificate
of
representation
for
a
CAIR
designated
representative
or
an
alternate
CAIR
designated
representative
shall
include
the
following
elements
in
a
format
prescribed
by
the
Administrator:

(
1)
Identification
of
the
CAIR
NOX
source,
and
each
CAIR
NOX
unit
at
the
source,
for
which
the
certificate
of
representation
is
submitted.

(
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
NOX
source
and
of
each
CAIR
NOX
unit
at
the
source.

(
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
DRAFT
­
12/
2/
04
representative
or
alternate
CAIR
designated
representative,
as
applicable,
by
an
agreement
binding
on
the
owners
and
operators
of
the
source
and
each
CAIR
NOX
unit
at
the
source."

(
ii)
"
I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
NOX
Annual
Trading
Program
on
behalf
of
the
owners
and
operators
of
the
source
and
of
each
CAIR
NOX
unit
at
the
source
and
that
each
such
owner
and
operator
shall
be
fully
bound
by
my
representations,

actions,
inactions,
or
submissions."

(
iii)
"
I
certify
that
the
owners
and
operators
of
the
source
and
of
each
CAIR
NOX
unit
at
the
source
shall
be
bound
by
any
order
issued
to
me
by
the
Administrator,
the
permitting
authority,
or
a
court
regarding
the
source
or
unit."

(
iv)
"
Where
there
are
multiple
holders
of
a
legal
or
equitable
title
to,
or
a
leasehold
interest
in,
a
CAIR
NOX
unit,

or
where
a
customer
purchases
power
from
a
CAIR
NOX
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement,
I
certify
that:
I
have
given
a
written
notice
of
my
selection
as
the
`
CAIR
designated
representative'
or
`
alternate
CAIR
designated
representative',
as
applicable,
and
of
the
agreement
by
which
I
was
selected
to
each
owner
and
operator
of
the
source
and
of
each
CAIR
NOX
unit
at
the
source;
and
CAIR
NOX
allowances
and
proceeds
of
transactions
involving
CAIR
NOX
allowances
will
be
deemed
to
be
held
or
distributed
in
proportion
to
each
holder's
legal,
DRAFT
­
12/
2/
04
equitable,
leasehold,
or
contractual
reservation
or
entitlement,

except
that,
if
such
multiple
holders
have
expressly
provided
for
a
different
distribution
of
CAIR
NOX
allowances
by
contract,
CAIR
NOX
allowances
and
proceeds
of
transactions
involving
CAIR
NOX
allowances
will
be
deemed
to
be
held
or
distributed
in
accordance
with
the
contract."

(
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.

§
96.114
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
96.113
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
96.113
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
96.112(
a)
or
(
b),
no
objection
DRAFT
­
12/
2/
04
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
NOX
Annual
Trading
Program.

(
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
NOX
allowance
transfers.

Subpart
CC
 
Permits
§
96.120
General
CAIR
Annual
Trading
Program
permit
requirements.

(
a)
For
each
CAIR
NOX
source
required
to
have
a
title
V
operating
permit
or
required,
under
subpart
II
of
this
part,
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit,
such
permit
shall
include
a
CAIR
permit
administered
by
the
permitting
authority
for
the
title
V
operating
permit
or
the
federally
enforceable
permit
as
applicable.
The
CAIR
portion
of
the
title
V
permit
or
other
federally
enforceable
permit
as
DRAFT
­
12/
2/
04
applicable
shall
be
administered
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
promulgated
under
part
70
or
71
of
this
chapter
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable,
except
as
provided
otherwise
by
this
subpart
and
subpart
II
of
this
part.

(
b)
Each
CAIR
permit
shall
contain,
with
regard
to
the
CAIR
NOX
source
and
the
CAIR
NOX
units
at
the
source
covered
by
the
CAIR
permit,
all
applicable
CAIR
NOX
Annual
Trading
Program,
CAIR
NOX
Ozone
Season
Trading
Program,
and
CAIR
SO2
Trading
Program
requirements
and
shall
be
a
complete
and
separable
portion
of
the
title
V
operating
permit
or
other
federally
enforceable
permit
under
paragraph
(
a)
of
this
section.

§
96.121
Submission
of
CAIR
permit
applications.

(
a)
Duty
to
apply.
The
CAIR
designated
representative
of
any
CAIR
NOX
source
required
to
have
a
title
V
operating
permit
shall
submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.122
for
the
source
covering
each
CAIR
NOX
unit
at
the
source
at
least
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2009
or
the
date
on
which
the
CAIR
NOX
unit
commences
operation.

(
b)
Duty
to
Reapply.
For
a
CAIR
NOX
source
required
to
have
a
title
V
operating
permit,
the
CAIR
designated
representative
DRAFT
­
12/
2/
04
shall
submit
a
complete
CAIR
permit
application
under
§
96.122
for
the
source
covering
each
CAIR
NOX
unit
at
the
source
to
renew
the
CAIR
permit
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
addressing
permit
renewal.

§
96.122
Information
requirements
for
CAIR
permit
applications.

A
complete
CAIR
permit
application
shall
include
the
following
elements
concerning
the
CAIR
NOX
source
for
which
the
application
is
submitted,
in
a
format
prescribed
by
the
permitting
authority:

(
a)
Identification
of
the
CAIR
NOX
source;

(
b)
Identification
of
each
CAIR
NOX
unit
at
the
CAIR
NOX
source;
and
(
c)
The
standard
requirements
under
§
96.106.

§
96.123
CAIR
permit
contents
and
term.

(
a)
Each
CAIR
permit
will
contain,
in
a
format
prescribed
by
the
permitting
authority,
all
elements
required
for
a
complete
CAIR
permit
application
under
§
96.122.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.102
and,
upon
recordation
by
the
Administrator
under
subpart
FF,
GG,
or
II
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
NOX
allowance
to
or
from
the
compliance
account
of
the
CAIR
NOX
source
covered
by
the
permit.

(
c)
The
term
of
the
CAIR
permit
will
be
set
by
the
DRAFT
­
12/
2/
04
permitting
authority,
as
necessary
to
facilitate
coordination
of
the
renewal
of
the
CAIR
permit
with
issuance,
revision,
or
renewal
of
the
CAIR
NOX
source's
title
V
operating
permit
or
other
federally
enforceable
permit
as
applicable.

§
96.124
CAIR
permit
revisions.

Except
as
provided
in
§
96.123(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable
addressing
permit
revisions.

Subpart
DD
 
[
Reserved]

Subpart
EE
 
CAIR
NOX
Allowance
Allocations
§
96.140
State
trading
budgets.

The
State
trading
budgets
for
annual
allocations
of
CAIR
NOX
allowances
for
the
control
periods
in
2009
through
2014
and
in
2015
and
thereafter
are
respectively
as
follows:

State
State
Trading
Budget
for
2009­
2014
(
tons)
State
Trading
Budget
for
2015
and
thereafter
(
tons)
Alabama
69,020
57,517
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
DRAFT
­
12/
2/
04
Minnesota
31,443
26,203
Mississippi
17,807
14,839
Missouri
59,871
49,892
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
§
96.141
Timing
requirements
for
CAIR
NOX
allowance
allocations.

(
a)
By
October
31,
2006,
the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.142(
a)
and
(
b),
for
the
control
periods
in
2009,
2010,
2011,

2012,
2013,
and
2014.

(
b)(
1)
By
October
31,
2009
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.142(
a)
and
(
b),
for
the
control
period
in
the
sixth
year
after
the
year
of
the
applicable
deadline
for
submission
under
this
paragraph.

(
2)
If
the
permitting
authority
fails
to
submit
to
the
Administrator
the
CAIR
NOX
allowance
allocations
in
accordance
with
paragraph
(
b)(
1),
the
Administrator
will
assume
that
the
allocations
of
CAIR
NOX
allowances
for
the
applicable
control
period
are
the
same
as
for
the
control
period
that
immediately
DRAFT
­
12/
2/
04
precedes
the
applicable
control
period,
except
that,
if
the
applicable
control
period
is
in
2015,
the
Administrator
will
assume
that
the
allocations
equal
83
percent
of
the
allocations
for
the
control
period
that
immediately
precedes
the
applicable
control
period.

(
c)(
1)
By
October
31,
2009
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.142(
c)
and
(
d),
for
the
control
period
in
the
year
of
the
applicable
deadline
for
submission
under
this
paragraph.

(
2)
If
the
permitting
authority
fails
to
submit
to
the
Administrator
the
CAIR
NOX
allowance
allocations
in
accordance
with
paragraph
(
c)(
1),
the
Administrator
will
assume
that
the
allocations
of
CAIR
NOX
allowances
for
the
applicable
control
period
are
the
same
as
for
the
control
period
that
immediately
precedes
the
applicable
control
period,
except
that,
if
the
applicable
control
period
is
in
2015,
the
Administrator
will
assume
that
the
allocations
equal
83
percent
of
the
allocations
for
the
control
period
that
immediately
precedes
the
applicable
control
period
and
except
that
any
CAIR
NOX
unit
that
would
otherwise
be
allocated
CAIR
NOX
allowances
under
§
96.142(
a)
and
(
b),
as
well
as
under
§
96.142(
c)
and
(
d),
for
the
applicable
control
period
will
be
assumed
to
be
allocated
no
CAIR
NOX
DRAFT
­
12/
2/
04
allowances
under
§
96.142(
c)
and
(
d)
for
the
applicable
control
period.

§
96.142
CAIR
NOX
allowance
allocations.

(
a)(
1)
The
baseline
heat
input
(
in
mmBtu)
used
with
respect
to
CAIR
NOX
allowance
allocations
under
paragraph
(
b)
of
this
section
for
each
CAIR
NOX
unit
will
be:

(
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
DRAFT
­
12/
2/
04
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
NOX
emissions
during
a
calendar
year
under
paragraph
(
c)(
3)
of
this
section,
will
be
determined
in
accordance
with
part
75
of
this
chapter,
to
the
extent
the
unit
was
otherwise
subject
to
the
requirements
of
part
75
of
this
chapter
for
the
year,
or
will
be
based
on
the
best
available
data
reported
to
the
permitting
authority
for
the
unit,
to
the
extent
the
unit
was
not
otherwise
subject
to
the
requirements
of
part
75
of
this
chapter
for
the
year.

(
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
DRAFT
­
12/
2/
04
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
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
3,414
Btu/
kWh,
plus
the
total
heat
energy
of
the
steam
produced
by
any
associated
heat
recovery
steam
generator
during
the
control
period
multiplied
by
0.8,
and
with
the
sum
divided
by
1,000,000
Btu/
mmBtu.

(
b)(
1)
For
each
control
period
in
2009
and
thereafter,
the
permitting
authority
will
allocate
to
all
CAIR
NOX
units
in
the
State
that
have
a
baseline
heat
input
(
as
determined
under
paragraph
(
a)
of
this
section)
a
total
amount
of
CAIR
NOX
allowances
equal
to
95
percent
for
a
control
period
during
2009
through
2014,
and
97
percent
for
a
control
period
during
2015
and
thereafter,
of
the
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.140
(
except
as
provided
in
paragraph
(
d)
of
DRAFT
­
12/
2/
04
this
section).

(
2)
The
permitting
authority
will
allocate
CAIR
NOX
allowances
to
each
CAIR
NOX
unit
under
paragraph
(
b)(
1)
of
this
section
in
an
amount
determined
by
multiplying
the
total
amount
of
CAIR
NOX
allowances
allocated
under
paragraph
(
b)(
1)
of
this
section
by
the
ratio
of
the
baseline
heat
input
of
such
unit
to
the
total
amount
of
baseline
heat
input
of
all
CAIR
NOX
units
in
the
State
and
rounding
to
the
nearest
whole
allowance
as
appropriate.

(
c)
For
each
control
period
in
2009
and
thereafter,
the
permitting
authority
will
allocate
CAIR
NOX
allowances
to
CAIR
NOX
units
in
the
State
that
commenced
operation
on
or
after
January
1,
2001
and
do
not
yet
have
a
baseline
heat
input
(
as
determined
under
paragraph
(
a)
of
this
section),
in
accordance
with
the
following
procedures:

(
1)
The
permitting
authority
will
establish
a
separate
new
unit
set­
aside
for
each
control
period.
Each
new
unit
set­
aside
will
be
allocated
CAIR
NOX
allowances
equal
to
5
percent
for
a
control
period
in
2009
through
2013,
and
3
percent
for
a
control
period
in
2014
and
thereafter,
of
the
amount
of
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.140.

(
2)
The
CAIR
designated
representative
of
such
a
CAIR
NOX
unit
may
submit
to
the
permitting
authority
a
request,
in
a
format
specified
by
the
permitting
authority,
to
be
allocated
DRAFT
­
12/
2/
04
CAIR
NOX
allowances,
starting
with
the
later
of
the
control
period
in
2009
or
the
first
control
period
after
the
control
period
in
which
the
CAIR
NOX
unit
commences
commercial
operation
and
until
the
first
control
period
for
which
the
unit
is
allocated
CAIR
NOX
allowances
under
paragraph
(
b)
of
this
section.
The
CAIR
NOX
allowance
allocation
request
must
be
submitted
on
or
before
March
1
of
the
first
control
period
for
which
the
CAIR
NOX
allowances
are
requested
and
after
the
date
on
which
the
CAIR
NOX
unit
commences
commercial
operation.

(
3)
In
a
CAIR
NOX
allowance
allocation
request
under
paragraph
(
c)(
2)
of
this
section,
the
CAIR
designated
representative
may
request
for
a
control
period
CAIR
NOX
allowances
in
an
amount
not
exceeding
the
CAIR
NOX
unit's
total
tons
of
NOX
emissions
during
the
calendar
year
immediately
before
such
control
period.

(
4)
The
permitting
authority
will
review
each
CAIR
NOX
allowance
allocation
request
under
paragraph
(
c)(
2)
of
this
section
and
will
allocate
CAIR
NOX
allowances
for
each
control
period
pursuant
to
such
request
as
follows:

(
i)
The
permitting
authority
will
accept
an
allowance
allocation
request
only
if
the
request
meets,
or
is
adjusted
by
the
permitting
authority
as
necessary
to
meet,
the
requirements
of
paragraphs
(
c)(
2)
and
(
3)
of
this
section.

(
ii)
On
or
after
March
1
of
the
control
period,
the
DRAFT
­
12/
2/
04
permitting
authority
will
determine
the
sum
of
the
CAIR
NOX
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section)
in
all
allowance
allocation
requests
accepted
under
paragraph
(
c)(
4)(
i)
of
this
section
for
the
control
period.

(
iii)
If
the
amount
of
CAIR
NOX
allowances
in
the
new
unit
set­
aside
for
the
control
period
is
greater
than
or
equal
to
the
sum
under
paragraph
(
c)(
4)(
ii)
of
this
section,
then
the
permitting
authority
will
allocate
the
amount
of
CAIR
NOX
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section)
to
each
CAIR
NOX
unit
covered
by
an
allowance
allocation
request
accepted
under
paragraph
(
c)(
4)(
i)
of
this
section.

(
iv)
If
the
amount
of
CAIR
NOX
allowances
in
the
new
unit
set­
aside
for
the
control
period
is
less
than
the
sum
under
paragraph
(
c)(
4)(
ii)
of
this
section,
then
the
permitting
authority
will
allocate
to
each
CAIR
NOX
unit
covered
by
an
allowance
allocation
request
accepted
under
paragraph
(
c)(
4)(
i)

of
this
section
the
amount
of
the
CAIR
NOX
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section),

multiplied
by
the
number
of
CAIR
NOX
allowances
in
the
new
unit
set­
aside
for
the
control
period,
divided
by
the
sum
determined
under
paragraph
(
c)(
4)(
ii)
of
this
section,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
v)
The
permitting
authority
will
notify
each
CAIR
DRAFT
­
12/
2/
04
designated
representative
that
submitted
an
allowance
allocation
request
of
the
amount
of
CAIR
NOX
allowances
(
if
any)
allocated
for
the
control
period
to
the
CAIR
NOX
unit
covered
by
the
request.

(
d)
If,
after
completion
of
the
procedures
under
paragraph
(
c)(
4)
of
this
section
for
a
control
period,
any
unallocated
CAIR
NOX
allowances
remain
in
the
new
unit
set­
aside
for
the
control
period,
the
permitting
authority
will
allocate
to
each
CAIR
NOX
unit
that
was
allocated
CAIR
NOX
allowances
under
paragraph
(
b)
of
this
section
an
amount
of
CAIR
NOX
allowances
equal
to
the
total
amount
of
such
remaining
unallocated
CAIR
NOX
allowances,

multiplied
by
the
unit's
allocation
under
paragraph
(
b)
of
this
section,
divided
by
95
percent
for
a
control
period
during
2009
through
2014,
and
97
percent
for
a
control
period
during
2015
and
thereafter,
of
the
amount
of
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.140,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

§
97.143
Compliance
supplement
pool.

(
a)
In
addition
to
the
CAIR
NOX
allowances
allocated
under
§
96.142,
the
permitting
authority
may
allocate
for
the
control
period
in
2009
up
to
the
following
amount
of
CAIR
NOX
allowances
to
CAIR
NOX
units
in
the
respective
State:

State
Compliance
Supplement
Pool
DRAFT
­
12/
2/
04
Alabama
10,166
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
York
0
North
Carolina
0
Ohio
25,037
Pennsylvania
16,009
South
Carolina
2,600
Tennessee
8,944
Texas
772
Virginia
5,134
West
Virginia
16,929
Wisconsin
4,898
(
b)
For
any
CAIR
NOX
unit
in
the
State
that
achieves
NOX
emission
reductions
in
2007
and
2008
that
are
not
necessary
to
comply
with
any
State
or
federal
emissions
limitation
applicable
during
such
years,
the
CAIR
designated
representative
of
the
unit
may
request
early
reduction
credits,
and
allocation
of
CAIR
NOX
allowances
from
the
compliance
supplement
pool
under
paragraph
(
a)
of
this
section
for
such
early
reduction
credits,
in
accordance
with
the
following:

(
1)
The
owners
and
operators
of
such
CAIR
NOX
unit
shall
monitor
and
report
the
NOX
emissions
rate
and
the
heat
input
of
DRAFT
­
12/
2/
04
the
unit
in
accordance
with
subpart
HH
of
this
part
in
each
control
period
for
which
early
reduction
credit
is
requested.

(
2)
The
CAIR
designated
representative
of
such
CAIR
NOX
unit
shall
submit
to
the
permitting
authority
by
May
31,
2009
a
request,
in
a
format
specified
by
the
permitting
authority,
for
allocation
of
an
amount
of
CAIR
NOX
allowances
from
the
compliance
supplement
pool
not
exceeding
the
sum
of
the
amounts
(
in
tons)
of
the
unit's
NOX
emission
reductions
in
2007
and
2008
that
are
not
necessary
to
comply
with
any
State
or
federal
emissions
limitation
applicable
during
such
years,
determined
in
accordance
with
subpart
HH
of
this
part.

(
c)
For
any
CAIR
NOX
unit
in
the
State
whose
compliance
with
CAIR
NOX
emissions
limitation
for
the
control
period
in
2009
would
create
an
undue
risk
to
the
reliability
of
electricity
supply
during
such
control
period,
the
CAIR
designated
representative
of
the
unit
may
request
the
allocation
of
CAIR
NOX
allowances
from
the
compliance
supplement
pool
under
paragraph
(
a)
of
this
section,
in
accordance
with
the
following:

(
1)
The
CAIR
designated
representative
of
such
CAIR
NOX
unit
shall
submit
to
the
permitting
authority
by
May
31,
2009
a
request,
in
a
format
specified
by
the
permitting
authority,
for
allocation
of
an
amount
of
CAIR
NOX
allowances
from
the
compliance
supplement
pool
not
exceeding
the
minimum
amount
of
CAIR
NOX
allowances
necessary
to
remove
such
undue
risk
to
the
reliability
DRAFT
­
12/
2/
04
of
electricity
supply.

(
2)
In
the
request
under
paragraph
(
c)(
1)
of
this
section,

the
CAIR
designated
representative
of
such
CAIR
NOX
unit
shall
demonstrate
that,
in
the
absence
of
allocation
to
the
unit
of
the
amount
of
CAIR
NOX
allowances
requested,
the
unit's
compliance
with
CAIR
NOX
emissions
limitation
for
the
control
period
in
2009
would
create
an
undue
risk
to
the
reliability
of
electricity
supply
during
such
control
period.
This
demonstration
must
include
a
showing
that
it
would
not
be
feasible
for
the
owners
and
operators
of
the
unit
to:

(
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
NOX
emissions
limitation,
to
prevent
such
undue
risk;
or
(
ii)
Obtain
under
paragraphs
(
b)
and
(
d)
of
this
section,
or
otherwise
obtain,
a
sufficient
amount
of
CAIR
NOX
allowances
to
prevent
such
undue
risk.

(
d)
The
permitting
authority
will
review
each
request
under
paragraph
(
b)
or
(
c)
of
this
section
submitted
by
May
31,
2009
and
will
allocate
CAIR
NOX
allowances
for
the
control
period
in
2009
to
CAIR
NOX
units
in
the
State
and
covered
by
such
request
as
follows:

(
1)
Upon
receipt
of
each
such
request,
the
permitting
authority
will
make
any
necessary
adjustments
to
the
request
to
DRAFT
­
12/
2/
04
ensure
that
the
amount
of
the
CAIR
NOX
allowances
requested
meets
the
requirements
of
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
If
the
State's
compliance
supplement
pool
under
paragraph
(
a)
of
this
section
has
an
amount
of
CAIR
NOX
allowances
not
less
than
the
total
amount
of
CAIR
NOX
allowances
in
all
such
requests
(
as
adjusted
under
paragraph
(
d)(
1)
of
this
section),

the
permitting
authority
will
allocate
to
each
CAIR
NOX
unit
covered
by
such
requests
the
amount
of
CAIR
NOX
allowances
requested
(
as
adjusted
under
paragraph
(
d)(
1)
of
this
section).

(
4)
If
the
State's
compliance
supplement
pool
under
paragraph
(
a)
of
this
section
has
a
smaller
amount
of
CAIR
NOX
allowances
than
the
total
amount
of
CAIR
NOX
allowances
in
all
such
requests
(
as
adjusted
under
paragraph
(
d)(
1)
of
this
section),
the
permitting
authority
will
allocate
CAIR
NOX
allowances
to
each
CAIR
NOX
unit
covered
by
such
requests
according
to
the
following
formula
and
rounding
to
the
nearest
whole
allowance
as
appropriate:

Unit's
allocation
=
Unit's
adjusted
allocation
×
(
State's
compliance
supplement
pool
÷
Total
adjusted
allocations
for
all
units)

Where:

"
Unit's
allocation"
is
the
number
of
CAIR
NOX
allowances
allocated
to
the
unit
from
the
State's
compliance
supplement
pool.

"
Unit's
adjusted
allocation"
is
the
amount
of
CAIR
NOX
allowances
DRAFT
­
12/
2/
04
requested
for
the
unit
under
paragraph
(
b)
or
(
c)
of
this
section,
as
adjusted
under
paragraph
(
d)(
1)
of
this
section.

"
State's
compliance
supplement
pool"
is
the
amount
of
CAIR
NOX
allowances
in
the
State's
compliance
supplement
pool.

"
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.

(
5)
By
November
30,
2009,
the
permitting
authority
will
determine,
and
submit
to
the
Administrator,
the
allocations
under
paragraph
(
d)(
3)
or
(
4)
of
this
section.

(
6)
By
January
1,
2010,
the
Administrator
will
record
the
allocations
under
paragraph
(
d)(
5)
of
this
section.

Subpart
FF
 
CAIR
NOX
Allowance
Tracking
System
§
96.150
[
Reserved]

§
96.151
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
96.184(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
96.113,
the
Administrator
will
establish
a
compliance
account
for
the
CAIR
NOX
source
for
which
the
certificate
of
representation
was
submitted
unless
the
source
already
has
a
compliance
account.

(
b)
General
accounts.

(
1)
Application
for
general
account.

(
i)
Any
person
may
apply
to
open
a
general
account
for
the
DRAFT
­
12/
2/
04
purpose
of
holding
and
transferring
CAIR
NOX
allowances.
An
application
for
a
general
account
may
designate
one
and
only
one
CAIR
authorized
account
representative
and
one
and
only
one
alternate
CAIR
authorized
account
representative
who
may
act
on
behalf
of
the
CAIR
authorized
account
representative.
The
agreement
by
which
the
alternate
CAIR
authorized
account
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
authorized
account
representative
to
act
in
lieu
of
the
CAIR
authorized
account
representative.

(
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
allowances
held
in
the
general
account;

(
D)
The
following
certification
statement
by
the
CAIR
DRAFT
­
12/
2/
04
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
allowances
held
in
the
general
account.

I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
NOX
Annual
Trading
Program
on
behalf
of
such
persons
and
that
each
such
person
shall
be
fully
bound
by
my
representations,
actions,
inactions,
or
submissions
and
by
any
order
or
decision
issued
to
me
by
the
Administrator
or
a
court
regarding
the
general
account."

(
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.

(
i)
Upon
receipt
by
the
Administrator
of
a
complete
DRAFT
­
12/
2/
04
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section:

(
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
NOX
allowances
held
in
the
general
account
in
all
matters
pertaining
to
the
CAIR
NOX
Annual
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
and
such
person.
Any
such
person
shall
be
bound
by
any
order
or
decision
issued
to
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
by
the
Administrator
or
a
court
regarding
the
general
account.

(
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
DRAFT
­
12/
2/
04
representative
for
the
persons
having
an
ownership
interest
with
respect
to
CAIR
NOX
allowances
held
in
the
general
account.
Each
such
submission
shall
include
the
following
certification
statement
by
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
persons
having
an
ownership
interest
with
respect
to
the
CAIR
NOX
allowances
held
in
the
general
account.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
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.
DRAFT
­
12/
2/
04
(
i)
The
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
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
CAIR
authorized
account
representative
and
the
persons
with
an
ownership
interest
with
respect
to
the
CAIR
NOX
allowances
in
the
general
account.

(
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
NOX
allowances
in
the
general
account.

(
iii)(
A)
In
the
event
a
new
person
having
an
ownership
DRAFT
­
12/
2/
04
interest
with
respect
to
CAIR
NOX
allowances
in
the
general
account
is
not
included
in
the
list
of
such
persons
in
the
application
for
a
general
account,
such
new
person
shall
be
deemed
to
be
subject
to
and
bound
by
the
application
for
a
general
account,
the
representation,
actions,
inactions,
and
submissions
of
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative
of
the
account,

and
the
decisions
and
orders
of
the
Administrator
or
a
court,
as
if
the
new
person
were
included
in
such
list.

(
B)
Within
30
days
following
any
change
in
the
persons
having
an
ownership
interest
with
respect
to
CAIR
NOX
allowances
in
the
general
account,
including
the
addition
of
persons,
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
shall
submit
a
revision
to
the
application
for
a
general
account
amending
the
list
of
persons
having
an
ownership
interest
with
respect
to
the
CAIR
NOX
allowances
in
the
general
account
to
include
the
change.

(
4)
Objections
concerning
CAIR
authorized
account
representative.

(
i)
Once
a
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
has
been
submitted
and
received,

the
Administrator
will
rely
on
the
application
unless
and
until
a
superseding
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
is
received
by
the
DRAFT
­
12/
2/
04
Administrator.

(
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
alternative
CAIR
authorized
account
representative
for
a
general
account
shall
affect
any
representation,
action,
inaction,
or
submission
of
the
CAIR
authorized
account
representative
or
any
alternative
CAIR
authorized
account
representative
or
the
finality
of
any
decision
or
order
by
the
Administrator
under
the
CAIR
NOX
Annual
Trading
Program.

(
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
alternative
CAIR
authorized
account
representative
for
a
general
account,
including
private
legal
disputes
concerning
the
proceeds
of
CAIR
NOX
allowance
transfers.

(
c)
Account
identification.
The
Administrator
will
assign
a
unique
identifying
number
to
each
account
established
under
paragraph
(
a)
or
(
b)
of
this
section.

§
96.152
Responsibilities
of
CAIR
authorized
account
representative.

Following
the
establishment
of
a
CAIR
NOX
Allowance
Tracking
DRAFT
­
12/
2/
04
System
account,
all
submissions
to
the
Administrator
pertaining
to
the
account,
including,
but
not
limited
to,
submissions
concerning
the
deduction
or
transfer
of
CAIR
NOX
allowances
in
the
account,
shall
be
made
only
by
the
CAIR
authorized
account
representative
for
the
account.

§
96.153
Recordation
of
CAIR
NOX
allowance
allocations.

(
a)
By
January
1,
2007,
the
Administrator
will
record
in
the
CAIR
NOX
source's
compliance
account
the
CAIR
NOX
allowances
allocated
for
the
CAIR
NOX
units
at
a
source,
as
submitted
by
the
permitting
authority
in
accordance
with
§
96.141(
a),
for
the
control
periods
in
2009,
2010,
2011,
2012,
2013,
and
2014.

(
b)
By
January
1,
2010,
the
Administrator
will
record
in
the
CAIR
NOX
source's
compliance
account
the
CAIR
NOX
allowances
allocated
for
the
CAIR
NOX
units
at
the
source,
as
submitted
by
the
permitting
authority
or
as
determined
by
the
Administrator
in
accordance
with
§
96.141(
b),
for
the
control
period
in
2015.

(
c)
By
January
1,
2011
and
January
1
of
each
year
thereafter,
after
the
Administrator
has
made
all
deductions
(
if
any)
from
a
CAIR
NOX
source's
compliance
account
under
§
96.154,

the
Administrator
will
record
in
the
CAIR
NOX
source's
compliance
account
the
CAIR
NOX
allowances
allocated
for
the
CAIR
NOX
units
at
the
source,
as
submitted
by
the
permitting
authority
or
determined
by
the
Administrator
in
accordance
with
§
96.141(
b),

for
the
control
period
in
the
sixth
year
after
the
year
of
the
DRAFT
­
12/
2/
04
control
period
for
which
such
deductions
were
or
could
have
been
made.

(
d)
By
January
1,
2010
and
January
1
of
each
year
thereafter,
the
Administrator
will
record
in
the
CAIR
NOX
source's
compliance
account
the
CAIR
NOX
allowances
allocated
for
the
CAIR
NOX
units
at
the
source,
as
submitted
by
the
permitting
authority
or
determined
by
the
Administrator
in
accordance
with
§
96.141(
c),
for
the
control
period
in
the
year
immediately
before
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
e)
Serial
numbers
for
allocated
CAIR
NOX
allowances.
When
recording
the
allocation
of
CAIR
NOX
allowances
for
a
CAIR
NOX
unit
in
a
compliance
account,
the
Administrator
will
assign
each
CAIR
NOX
allowance
a
unique
identification
number
that
will
include
digits
identifying
the
year
of
the
control
period
for
which
the
CAIR
NOX
allowance
is
allocated.

§
96.154
Compliance
with
CAIR
NOX
emissions
limitation.

(
a)
Allowance
transfer
deadline.
The
CAIR
NOX
allowances
are
available
to
be
deducted
for
compliance
with
a
source's
CAIR
NOX
emissions
limitation
for
a
control
period
in
a
given
calendar
year
only
if
the
CAIR
NOX
allowances:

(
1)
Were
allocated
for
the
control
period
in
the
year
or
a
prior
year;

(
2)
Are
held
in
the
compliance
account
as
of
the
allowance
DRAFT
­
12/
2/
04
transfer
deadline
for
the
control
period
or
are
transferred
into
the
compliance
account
by
a
CAIR
NOX
allowance
transfer
correctly
submitted
for
recordation
under
§
96.160
by
the
allowance
transfer
deadline
for
the
control
period;
and
(
3)
Are
not
necessary
for
deductions
for
excess
emissions
for
a
prior
control
period
under
paragraph
(
d)
of
this
section.

(
b)
Deductions
for
compliance.
Following
the
recordation,

in
accordance
with
§
96.161,
of
CAIR
NOX
allowance
transfers
submitted
for
recordation
in
a
source's
compliance
account
by
the
allowance
transfer
deadline
for
a
control
period,
the
Administrator
will
deduct
from
the
compliance
account
CAIR
NOX
allowances
available
under
paragraph
(
a)
of
this
section
in
order
to
determine
whether
the
source
meets
the
CAIR
NOX
emissions
limitation
for
the
control
period,
as
follows:

(
1)
Until
the
amount
of
CAIR
NOX
allowances
deducted
equals
the
number
of
tons
of
total
nitrogen
oxides
emissions,
determined
in
accordance
with
subpart
HH
of
this
part,
from
all
CAIR
NOX
units
at
the
source
for
the
control
period;
or
(
2)
If
there
are
insufficient
CAIR
NOX
allowances
to
complete
the
deductions
in
paragraph
(
b)(
1)
of
this
section,
until
no
more
CAIR
NOX
allowances
available
under
paragraph
(
a)
of
this
section
remain
in
the
compliance
account.

(
c)(
1)
Identification
of
CAIR
NOX
allowances
by
serial
number.
The
CAIR
authorized
account
representative
for
a
DRAFT
­
12/
2/
04
source's
compliance
account
may
request
that
specific
CAIR
NOX
allowances,
identified
by
serial
number,
in
the
compliance
account
be
deducted
for
emissions
or
excess
emissions
for
a
control
period
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
control
period
and
include,
in
a
format
prescribed
by
the
Administrator,
the
identification
of
the
CAIR
NOX
source
and
the
appropriate
serial
numbers.

(
2)
First­
in,
first­
out.
The
Administrator
will
deduct
CAIR
NOX
allowances
under
paragraph
(
b)
or
(
d)
of
this
section
from
the
source's
compliance
account,
in
the
absence
of
an
identification
or
in
the
case
of
a
partial
identification
of
CAIR
NOX
allowances
by
serial
number
under
paragraph
(
c)(
1)
of
this
section,
on
a
first­
in,
first­
out
(
FIFO)
accounting
basis
in
the
following
order:

(
i)
Any
CAIR
NOX
allowances
that
were
allocated
to
the
units
at
the
source,
in
the
order
of
recordation;
and
then
(
ii)
Any
CAIR
NOX
allowances
that
were
allocated
to
any
unit
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GG
of
this
part,
in
the
order
of
recordation.

(
d)
Deductions
for
excess
emissions.

(
1)
After
making
the
deductions
for
compliance
under
paragraph
(
b)
of
this
section
for
a
control
period
in
a
calendar
DRAFT
­
12/
2/
04
year
in
which
the
CAIR
NOX
source
has
excess
emissions,
the
Administrator
will
deduct
from
the
source's
compliance
account
an
amount
of
CAIR
NOX
allowances,
allocated
for
the
control
period
in
the
immediately
following
calendar
year,
equal
to
3
times
the
number
of
tons
of
the
source's
excess
emissions.

(
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
NOX
source
or
the
CAIR
NOX
units
at
the
source
for
any
fine,
penalty,
or
assessment,
or
their
obligation
to
comply
with
any
other
remedy,
for
the
same
violations,
as
ordered
under
the
Clean
Air
Act
or
applicable
State
law.

(
e)
Recordation
of
deductions.
The
Administrator
will
record
in
the
appropriate
compliance
account
all
deductions
from
such
an
account
under
paragraph
(
b)
or
(
d)
of
this
section.

(
f)
Administrator's
action
on
submissions.

(
1)
The
Administrator
may
review
and
conduct
independent
audits
concerning
any
submission
under
the
CAIR
NOX
Annual
Trading
Program
and
make
appropriate
adjustments
of
the
information
in
the
submissions.

(
2)
The
Administrator
may
deduct
CAIR
NOX
allowances
from
or
transfer
CAIR
NOX
allowances
to
a
source's
compliance
account
based
on
the
information
in
the
submissions,
as
adjusted
under
paragraph
(
f)(
1)
of
this
section.

§
96.155
Banking.
DRAFT
­
12/
2/
04
(
a)
CAIR
NOX
allowances
may
be
banked
for
future
use
or
transfer
in
a
compliance
account
or
a
general
account
in
accordance
with
paragraph
(
b)
of
this
section.

(
b)
Any
CAIR
NOX
allowance
that
is
held
in
a
compliance
account
or
a
general
account
will
remain
in
such
account
unless
and
until
the
CAIR
NOX
allowance
is
deducted
or
transferred
under
§
96.154,
§
96.156,
or
subpart
GG
of
this
part.

§
96.156
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
NOX
Allowance
Tracking
System
account.
Within
10
business
days
of
making
such
correction,
the
Administrator
will
notify
the
CAIR
authorized
account
representative
for
the
account.

§
96.157
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
96.160
for
any
CAIR
NOX
allowances
in
the
account
to
one
or
more
other
CAIR
NOX
Allowance
Tracking
System
accounts.

(
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
NOX
allowances,
the
Administrator
may
notify
the
CAIR
authorized
account
representative
for
the
account
that
the
account
will
be
closed
following
20
business
days
after
the
DRAFT
­
12/
2/
04
notice
is
sent.
The
account
will
be
closed
after
the
20­
day
period
unless,
before
the
end
of
the
20­
day
period,
the
Administrator
receives
a
correctly
submitted
transfer
of
CAIR
NOX
allowances
into
the
account
under
§
96.160
or
a
statement
submitted
by
the
CAIR
authorized
account
representative
demonstrating
to
the
satisfaction
of
the
Administrator
good
cause
as
to
why
the
account
should
not
be
closed.

Subpart
GG
 
CAIR
NOX
Allowance
Transfers
§
96.160
Submission
of
CAIR
NOX
allowance
transfers.

A
CAIR
authorized
account
representative
seeking
recordation
of
a
CAIR
NOX
allowance
transfer
shall
submit
the
transfer
to
the
Administrator.
To
be
considered
correctly
submitted,
the
CAIR
NOX
allowance
transfer
shall
include
the
following
elements,
in
a
format
specified
by
the
Administrator:

(
a)
The
account
numbers
for
both
the
transferor
and
transferee
accounts;

(
b)
The
serial
number
of
each
CAIR
NOX
allowance
that
is
in
the
transferor
account
and
is
to
be
transferred;
and
(
c)
The
name
and
signature
of
the
CAIR
authorized
account
representative
of
the
transferor
account
and
the
date
signed.

§
96.161
EPA
recordation.

(
a)
Within
5
business
days
(
except
as
provided
in
paragraph
(
b)
of
this
section)
of
receiving
a
CAIR
NOX
allowance
transfer,

the
Administrator
will
record
a
CAIR
NOX
allowance
transfer
by
DRAFT
­
12/
2/
04
moving
each
CAIR
NOX
allowance
from
the
transferor
account
to
the
transferee
account
as
specified
by
the
request,
provided
that:

(
1)
The
transfer
is
correctly
submitted
under
§
96.160;
and
(
2)
The
transferor
account
includes
each
CAIR
NOX
allowance
identified
by
serial
number
in
the
transfer.

(
b)
A
CAIR
NOX
allowance
transfer
that
is
submitted
for
recordation
after
the
allowance
transfer
deadline
for
a
control
period
and
that
includes
any
CAIR
NOX
allowances
allocated
for
any
control
period
before
such
allowance
transfer
deadline
will
not
be
recorded
until
after
the
Administrator
completes
the
deductions
under
§
96.154
for
the
control
period
immediately
before
such
allowance
transfer
deadline.

(
c)
Where
a
CAIR
NOX
allowance
transfer
submitted
for
recordation
fails
to
meet
the
requirements
of
paragraph
(
a)
of
this
section,
the
Administrator
will
not
record
such
transfer.

§
96.162
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
NOX
allowance
transfer
under
§
96.161,
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
the
transferor
and
transferee
accounts.

(
b)
Notification
of
non­
recordation.
Within
10
business
days
of
receipt
of
a
CAIR
NOX
allowance
transfer
that
fails
to
meet
the
requirements
of
§
96.161(
a),
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
DRAFT
­
12/
2/
04
accounts
subject
to
the
transfer
of:

(
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
NOX
allowance
transfer
for
recordation
following
notification
of
non­
recordation.

Subpart
HH
 
Monitoring
and
Reporting
§
96.170
General
Requirements.

The
owners
and
operators,
and
to
the
extent
applicable,
the
CAIR
designated
representative,
of
a
CAIR
NOX
unit,
shall
comply
with
the
monitoring,
recordkeeping,
and
reporting
requirements
as
provided
in
this
subpart
and
in
subpart
H
of
part
75
of
this
chapter.
For
purposes
of
complying
with
such
requirements,
the
definitions
in
§
96.102
and
in
§
72.2
of
this
chapter
shall
apply,
and
the
terms
"
affected
unit,"
"
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
in
part
75
of
this
chapter
shall
be
deemed
to
refer
to
the
terms
"
CAIR
NOX
unit,"
"
CAIR
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
respectively,

as
defined
in
§
96.102.
The
owner
or
operator
of
a
unit
that
is
not
a
CAIR
NOX
unit
but
that
is
monitored
under
§
75.72(
b)(
2)(
ii)

of
this
chapter
shall
comply
with
the
same
monitoring,

recordkeeping,
and
reporting
requirements
as
a
CAIR
NOX
unit.

(
a)
Requirements
for
installation,
certification,
and
data
DRAFT
­
12/
2/
04
accounting.
The
owner
or
operator
of
each
CAIR
NOX
unit
shall:

(
1)
Install
all
monitoring
systems
required
under
this
subpart
for
monitoring
NOX
mass
emissions
and
individual
unit
heat
input
(
including
all
systems
required
to
monitor
NOX
emission
rate,
NOX
concentration,
stack
gas
moisture
content,
stack
gas
flow
rate,
CO2
or
O2
concentration,
and
fuel
flow
rate,
as
applicable,
in
accordance
with
§
§
75.71
and
75.72
of
this
chapter);

(
2)
Successfully
complete
all
certification
tests
required
under
§
96.171
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section;
and
(
3)
Record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section.

(
b)
Compliance
deadlines.
The
owner
or
operator
shall
meet
the
monitoring
system
certification
and
other
requirements
of
paragraphs
(
a)(
1)
and
(
2)
of
this
section
on
or
before
the
following
dates.
The
owner
or
operator
shall
record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section
on
and
after
the
following
dates.

(
1)
For
the
owner
or
operator
of
a
CAIR
NOX
unit
that
commences
commercial
operation
before
July
1,
2007,
by
January
1,

2008.
DRAFT
­
12/
2/
04
(
2)
For
the
owner
or
operator
of
a
CAIR
NOX
unit
that
commences
commercial
operation
on
or
after
July
1,
2007,
by
the
later
of
the
following
dates:

(
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
NOX
unit
for
which
construction
of
a
new
stack
or
flue
or
installation
of
add­
on
NOX
emission
controls
is
completed
after
the
applicable
deadline
under
paragraph
(
b)(
1),(
2),
(
4),
or
(
5)
of
this
section,
by
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
NOX
emissions
controls.

(
4)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1)
and
(
2)

of
this
section,
for
the
owner
or
operator
of
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
II
of
this
part,
by
the
date
specified
in
§
96.184(
b).

(
5)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1),
(
2),
and
(
4)
of
this
section
and
solely
for
purposes
of
§
96.106(
c)(
2),

for
the
owner
or
operator
of
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part,
by
the
date
on
which
the
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
as
provided
in
§
DRAFT
­
12/
2/
04
96.184(
h).

(
c)
Reporting
data.

(
1)
Except
as
provided
in
paragraph
(
c)(
2)
of
this
section,

the
owner
or
operator
of
a
CAIR
NOX
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)
of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)
of
this
section
shall,
for
each
such
monitoring
system,
determine,

record,
and
report
maximum
potential
(
or,
as
appropriate,
minimum
potential)
values
for
NOX
concentration,
NOX
emission
rate,
stack
gas
flow
rate,
stack
gas
moisture
content,
fuel
flow
rate,
and
any
other
parameters
required
to
determine
NOX
mass
emissions
and
heat
input
in
accordance
with
§
75.31(
b)(
2)
or
(
c)(
3)
of
this
chapter,
section
2.4
of
appendix
D
to
part
75
of
this
chapter,
or
section
2.5
of
appendix
E
to
part
75
of
this
chapter,
as
applicable.

(
2)
The
owner
or
operator
of
a
CAIR
NOX
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)(
3)

of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)

of
this
section
shall,
for
each
such
monitoring
system,

determine,
record,
and
report
substitute
data
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,
in
lieu
of
the
maximum
potential
(
or,
as
appropriate,
minimum
potential)

values,
for
a
parameter
if
the
owner
or
operator
demonstrates
DRAFT
­
12/
2/
04
that
there
is
continuity
between
the
data
streams
for
that
parameter
before
and
after
the
construction
or
installation
under
paragraph
(
b)(
3)
of
this
section.

(
d)
Prohibitions
(
1)
No
owner
or
operator
of
a
CAIR
NOX
unit
shall
use
any
alternative
monitoring
system,
alternative
reference
method,
or
any
other
alternative
to
any
requirement
of
this
subpart
without
having
obtained
prior
written
approval
in
accordance
with
§
96.175.

(
2)
No
owner
or
operator
of
a
CAIR
NOX
unit
shall
operate
the
unit
so
as
to
discharge,
or
allow
to
be
discharged,
NOX
emissions
to
the
atmosphere
without
accounting
for
all
such
emissions
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter.

(
3)
No
owner
or
operator
of
a
CAIR
NOX
unit
shall
disrupt
the
continuous
emission
monitoring
system,
any
portion
thereof,
or
any
other
approved
emission
monitoring
method,
and
thereby
avoid
monitoring
and
recording
NOX
mass
emissions
discharged
into
the
atmosphere,
except
for
periods
of
recertification
or
periods
when
calibration,
quality
assurance
testing,
or
maintenance
is
performed
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter.

(
4)
No
owner
or
operator
of
a
CAIR
NOX
unit
shall
retire
or
permanently
discontinue
use
of
the
continuous
emission
monitoring
DRAFT
­
12/
2/
04
system,
any
component
thereof,
or
any
other
approved
monitoring
system
under
this
subpart,
except
under
any
one
of
the
following
circumstances:

(
i)
During
the
period
that
the
unit
is
covered
by
an
exemption
under
§
96.105
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
permitting
authority
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
replacement
monitoring
system
for
the
retired
or
discontinued
monitoring
system
in
accordance
with
§
96.171(
d)(
3)(
i).

§
96.171
Initial
certification
and
recertification
procedures.

(
a)
The
owner
or
operator
of
a
CAIR
NOX
unit
shall
be
exempt
from
the
initial
certification
requirements
of
this
section
for
a
monitoring
system
under
§
96.170(
a)(
1)
if
the
following
conditions
are
met:

(
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
DRAFT
­
12/
2/
04
D,
and
appendix
E
to
part
75
of
this
chapter
are
fully
met
for
the
certified
monitoring
system
described
in
paragraph
(
a)(
1)
of
this
section.

(
b)
The
recertification
provisions
of
this
section
shall
apply
to
a
monitoring
system
under
§
96.170(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
If
the
Administrator
has
previously
approved
a
petition
under
§
75.17(
a)
or
(
b)
of
this
chapter
for
apportioning
the
NOX
emission
rate
measured
in
a
common
stack
or
a
petition
under
§
75.66
of
this
chapter
for
an
alternative
to
a
requirement
in
§
75.12,
§
75.17,
or
subpart
H
of
part
75
of
this
chapter,
the
CAIR
designated
representative
shall
resubmit
the
petition
to
the
Administrator
under
§
96.175(
a)
to
determine
whether
the
approval
applies
under
the
CAIR
NOX
Annual
Trading
Program.

(
d)
Except
as
provided
in
paragraph
(
a)
of
this
section,
the
owner
or
operator
of
a
CAIR
NOX
unit
shall
comply
with
the
following
initial
certification
and
recertification
procedures
for
a
continuous
monitoring
system
(
i.
e.,
a
continuous
emission
monitoring
system
and
an
excepted
monitoring
system
under
appendices
D
and
E
to
part
75
of
this
chapter)
under
§
96.170(
a)(
1).
The
owner
or
operator
of
a
unit
that
qualifies
to
use
the
low
mass
emissions
excepted
monitoring
methodology
under
§
75.19
of
this
chapter
or
that
qualifies
to
use
an
alternative
DRAFT
­
12/
2/
04
monitoring
system
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
procedures
in
paragraph
(
e)
or
(
f)
of
this
section
respectively.

(
1)
Requirements
for
initial
certification.
The
owner
or
operator
shall
ensure
that
each
continuous
monitoring
system
under
§
96.170(
a)(
1)(
including
the
automated
data
acquisition
and
handling
system)
successfully
completes
all
of
the
initial
certification
testing
required
under
§
75.20
of
this
chapter
by
the
applicable
deadline
in
§
96.170(
b).
In
addition,
whenever
the
owner
or
operator
installs
a
monitoring
system
to
meet
the
requirements
of
this
subpart
in
a
location
where
no
such
monitoring
system
was
previously
installed,
initial
certification
in
accordance
with
§
75.20
of
this
chapter
is
required.

(
2)
Requirements
for
recertification.
Whenever
the
owner
or
operator
makes
a
replacement,
modification,
or
change
in
any
certified
continuous
emission
monitoring
system
under
§
96.170(
a)(
1)
that
may
significantly
affect
the
ability
of
the
system
to
accurately
measure
or
record
NOX
mass
emissions
or
heat
input
rate
or
to
meet
the
quality­
assurance
and
quality­
control
requirements
of
§
75.21
of
this
chapter
or
appendix
B
to
part
75
of
this
chapter,
the
owner
or
operator
shall
recertify
the
monitoring
system
in
accordance
with
§
75.20(
b)
of
this
chapter.

Furthermore,
whenever
the
owner
or
operator
makes
a
replacement,

modification,
or
change
to
the
flue
gas
handling
system
or
the
DRAFT
­
12/
2/
04
unit's
operation
that
may
significantly
change
the
stack
flow
or
concentration
profile,
the
owner
or
operator
shall
recertify
each
continuous
emission
monitoring
system
whose
accuracy
is
potentially
affected
by
the
change,
in
accordance
with
§
75.20(
b)

of
this
chapter.
Examples
of
changes
to
a
continuous
emission
monitoring
system
that
require
recertification
include
replacement
of
the
analyzer,
complete
replacement
of
an
existing
continuous
emission
monitoring
system,
or
change
in
location
or
orientation
of
the
sampling
probe
or
site.
Any
fuel
flowmeter
system,
and
any
excepted
NOX
monitoring
system
under
appendix
E
to
part
75
of
this
chapter,
under
§
96.170(
a)(
1)
are
subject
to
the
recertification
requirements
in
§
75.20(
g)(
6)
of
this
chapter.

(
3)
Approval
process
for
initial
certification
and
recertification.
Paragraphs
(
d)(
3)(
i)
through
(
iv)
of
this
section
apply
to
both
initial
certification
and
recertification
of
a
continuous
monitoring
system
under
§
96.170(
a)(
1).
For
recertifications,
replace
the
words
"
certification"
and
"
initial
certification"
with
the
word
"
recertification",
replace
the
word
"
certified"
with
the
word
"
recertified,"
and
follow
the
procedures
in
§
§
75.20(
b)(
5)
and
(
g)(
7)
of
this
chapter
in
lieu
of
the
procedures
in
paragraph
(
d)(
3)(
v)
of
this
section.

(
i)
Notification
of
certification.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority,
the
appropriate
EPA
Regional
Office,
and
the
Administrator
written
DRAFT
­
12/
2/
04
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
96.173.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority
a
certification
application
for
each
monitoring
system.
A
complete
certification
application
shall
include
the
information
specified
in
§
75.63
of
this
chapter.

(
iii)
Provisional
certification
date.
The
provisional
certification
date
for
a
monitoring
system
shall
be
determined
in
accordance
with
§
75.20(
a)(
3)
of
this
chapter.
A
provisionally
certified
monitoring
system
may
be
used
under
the
CAIR
NOX
Annual
Trading
Program
for
a
period
not
to
exceed
120
days
after
receipt
by
the
permitting
authority
of
the
complete
certification
application
for
the
monitoring
system
under
paragraph
(
d)(
3)(
ii)

of
this
section.
Data
measured
and
recorded
by
the
provisionally
certified
monitoring
system,
in
accordance
with
the
requirements
of
part
75
of
this
chapter,
will
be
considered
valid
qualityassured
data
(
retroactive
to
the
date
and
time
of
provisional
certification),
provided
that
the
permitting
authority
does
not
invalidate
the
provisional
certification
by
issuing
a
notice
of
disapproval
within
120
days
of
the
date
of
receipt
of
the
complete
certification
application
by
the
permitting
authority.

(
iv)
Certification
application
approval
process.
The
permitting
authority
will
issue
a
written
notice
of
approval
or
DRAFT
­
12/
2/
04
disapproval
of
the
certification
application
to
the
owner
or
operator
within
120
days
of
receipt
of
the
complete
certification
application
under
paragraph
(
d)(
3)(
ii)
of
this
section.
In
the
event
the
permitting
authority
does
not
issue
such
a
notice
within
such
120­
day
period,
each
monitoring
system
that
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter
and
is
included
in
the
certification
application
will
be
deemed
certified
for
use
under
the
CAIR
NOX
Annual
Trading
Program.

(
A)
Approval
notice.
If
the
certification
application
is
complete
and
shows
that
each
monitoring
system
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter,

then
the
permitting
authority
will
issue
a
written
notice
of
approval
of
the
certification
application
within
120
days
of
receipt.

(
B)
Incomplete
application
notice.
If
the
certification
application
is
not
complete,
then
the
permitting
authority
will
issue
a
written
notice
of
incompleteness
that
sets
a
reasonable
date
by
which
the
CAIR
designated
representative
must
submit
the
additional
information
required
to
complete
the
certification
application.
If
the
CAIR
designated
representative
does
not
comply
with
the
notice
of
incompleteness
by
the
specified
date,

then
the
permitting
authority
may
issue
a
notice
of
disapproval
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section.
The
120­
day
review
period
shall
not
begin
before
receipt
of
a
complete
DRAFT
­
12/
2/
04
certification
application.

(
C)
Disapproval
notice.
If
the
certification
application
shows
that
any
monitoring
system
does
not
meet
the
performance
requirements
of
part
75
of
this
chapter
or
if
the
certification
application
is
incomplete
and
the
requirement
for
disapproval
under
paragraph
(
d)(
3)(
iv)(
B)
of
this
section
is
met,
then
the
permitting
authority
will
issue
a
written
notice
of
disapproval
of
the
certification
application.
Upon
issuance
of
such
notice
of
disapproval,
the
provisional
certification
is
invalidated
by
the
permitting
authority
and
the
data
measured
and
recorded
by
each
uncertified
monitoring
system
shall
not
be
considered
valid
quality­
assured
data
beginning
with
the
date
and
hour
of
provisional
certification
(
as
defined
under
§
75.20(
a)(
3)
of
this
chapter).
The
owner
or
operator
shall
follow
the
procedures
for
loss
of
certification
in
paragraph
(
d)(
3)(
v)
of
this
section
for
each
monitoring
system
that
is
disapproved
for
initial
certification.

(
D)
Audit
decertification.
The
permitting
authority
or,
for
a
CAIR
NOX
opt­
in
unit
or
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
accordance
with
§
96.172(
b).

(
v)
Procedures
for
loss
of
certification.
If
the
permitting
DRAFT
­
12/
2/
04
authority
or
the
Administrator
issues
a
notice
of
disapproval
of
a
certification
application
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section
or
a
notice
of
disapproval
of
certification
status
under
paragraph
(
d)(
3)(
iv)(
D)
of
this
section,
then:

(
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(
b)(
5),
§
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)
For
a
disapproved
NOX
emission
rate
(
i.
e.,
NOX­
diluent)

system,
the
maximum
potential
NOX
emission
rate,
as
defined
in
§
72.2
of
this
chapter.

(
2)
For
a
disapproved
NOX
pollutant
concentration
monitor
and
disapproved
flow
monitor,
respectively,
the
maximum
potential
concentration
of
NOX
and
the
maximum
potential
flow
rate,
as
defined
in
sections
2.1.2.1
and
2.1.4.1
of
appendix
A
to
part
75
of
this
chapter.

(
3)
For
a
disapproved
moisture
monitoring
system
and
disapproved
diluent
gas
monitoring
system,
respectively,
the
minimum
potential
moisture
percentage
and
either
the
maximum
potential
CO2
concentration
or
the
minimum
potential
O2
concentration
(
as
applicable),
as
defined
in
sections
2.1.3.1,

and
2.1.3.2,
and
2.1.5
of
appendix
A
to
part
75
of
this
chapter.
DRAFT
­
12/
2/
04
(
4)
For
a
disapproved
fuel
flowmeter
system,
the
maximum
potential
fuel
flow
rate,
as
defined
in
section
2.4.2.1
of
appendix
D
to
part
75
of
this
chapter.

(
5)
For
a
disapproved
excepted
NOX
monitoring
system
under
appendix
E
to
part
75
of
this
chapter,
the
fuel­
specific
maximum
potential
NOX
emission
rate,
as
defined
in
§
72.2
of
this
chapter.

(
B)
The
CAIR
designated
representative
shall
submit
a
notification
of
certification
retest
dates
and
a
new
certification
application
in
accordance
with
paragraphs
(
d)(
3)(
i)

and
(
ii)
of
this
section.

(
C)
The
owner
or
operator
shall
repeat
all
certification
tests
or
other
requirements
that
were
failed
by
the
monitoring
system,
as
indicated
in
the
permitting
authority's
or
the
Administrator's
notice
of
disapproval,
no
later
than
30
unit
operating
days
after
the
date
of
issuance
of
the
notice
of
disapproval.

(
e)
Initial
certification
and
recertification
procedures
for
units
using
the
low
mass
emission
excepted
methodology
under
§
75.19
of
this
chapter.
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
DRAFT
­
12/
2/
04
owner
or
operator
shall
also
meet
the
certification
and
recertification
requirements
in
§
75.20(
g)
of
this
chapter.

(
f)
Certification/
recertification
procedures
for
alternative
monitoring
systems.
The
CAIR
designated
representative
of
each
unit
for
which
the
owner
or
operator
intends
to
use
an
alternative
monitoring
system
approved
by
the
Administrator
and,

if
applicable,
the
permitting
authority
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.

§
96.172
Out
of
control
periods.

(
a)
Whenever
any
monitoring
system
fails
to
meet
the
quality­
assurance
and
quality­
control
requirements
or
data
validation
requirements
of
part
75
of
this
chapter,
data
shall
be
substituted
using
the
applicable
missing
data
procedures
in
subpart
D
or
subpart
H
of,
or
appendix
D
or
appendix
E
to,
part
75
of
this
chapter.

(
b)
Audit
decertification.
Whenever
both
an
audit
of
a
monitoring
system
and
a
review
of
the
initial
certification
or
recertification
application
reveal
that
any
monitoring
system
should
not
have
been
certified
or
recertified
because
it
did
not
meet
a
particular
performance
specification
or
other
requirement
under
§
96.171
or
the
applicable
provisions
of
part
75
of
this
chapter,
both
at
the
time
of
the
initial
certification
or
recertification
application
submission
and
at
the
time
of
the
DRAFT
­
12/
2/
04
audit,
the
permitting
authority
or,
for
a
CAIR
NOX
opt­
in
unit
or
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
Administrator
will
issue
a
notice
of
disapproval
of
the
certification
status
of
such
monitoring
system.
For
the
purposes
of
this
paragraph,
an
audit
shall
be
either
a
field
audit
or
an
audit
of
any
information
submitted
to
the
permitting
authority
or
the
Administrator.
By
issuing
the
notice
of
disapproval,
the
permitting
authority
or
the
Administrator
revokes
prospectively
the
certification
status
of
the
monitoring
system.
The
data
measured
and
recorded
by
the
monitoring
system
shall
not
be
considered
valid
quality­
assured
data
from
the
date
of
issuance
of
the
notification
of
the
revoked
certification
status
until
the
date
and
time
that
the
owner
or
operator
completes
subsequently
approved
initial
certification
or
recertification
tests
for
the
monitoring
system.
The
owner
or
operator
shall
follow
the
applicable
initial
certification
or
recertification
procedures
in
§
96.171
for
each
disapproved
monitoring
system.

§
96.173
Notifications.

The
CAIR
designated
representative
for
a
CAIR
NOX
unit
shall
submit
written
notice
to
the
permitting
authority
and
the
Administrator
in
accordance
with
§
75.61
of
this
chapter,
except
that
if
the
unit
is
not
subject
to
an
Acid
Rain
emissions
DRAFT
­
12/
2/
04
limitation,
the
notification
is
only
required
to
be
sent
to
the
permitting
authority.

§
96.174
Recordkeeping
and
reporting.

(
a)
General
provisions.
The
CAIR
designated
representative
shall
comply
with
all
recordkeeping
and
reporting
requirements
in
this
section,
the
applicable
recordkeeping
and
reporting
requirements
under
§
75.73
of
this
chapter,
and
the
requirements
of
§
96.110(
e)(
1).

(
b)
Monitoring
Plans.
The
owner
or
operator
of
a
CAIR
NOX
unit
shall
comply
with
requirements
of
§
75.73(
c)
and
(
e)
of
this
chapter
and,
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,

§
§
96.183
and
96.184(
a).

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
permitting
authority
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
96.171,

including
the
information
required
under
§
75.63
of
this
chapter.

(
d)
Quarterly
reports.
The
CAIR
designated
representative
shall
submit
quarterly
reports,
as
follows:

(
1)
The
CAIR
designated
representative
shall
report
the
NOX
mass
emissions
data
and
heat
input
data
for
the
CAIR
NOX
unit,
in
an
electronic
quarterly
report
in
a
format
prescribed
by
the
DRAFT
­
12/
2/
04
Administrator,
for
each
calendar
quarter
beginning
with:

(
i)
For
a
unit
that
commences
commercial
operation
before
July
1,
2007,
the
calendar
quarter
covering
January
1,
2008
through
March
31,
2008;
or
(
ii)
For
a
unit
that
commences
commercial
operation
on
or
after
July
1,
2007,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
96.170(
b),

unless
that
quarter
is
the
third
or
fourth
quarter
of
2007,
in
which
case
reporting
shall
commence
in
the
quarter
covering
January
1,
2008
through
March
31,
2008.

(
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
NOX
units
that
are
also
subject
to
an
Acid
Rain
emissions
limitation
or
the
CAIR
NOX
Ozone
Season
Trading
Program
or
CAIR
SO2
Trading
Program,
quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
H
of
part
75
of
this
chapter
as
applicable,
in
addition
to
the
NOX
mass
emission
data,
heat
input
data,
and
other
information
required
by
this
subpart.

(
e)
Compliance
certification.
The
CAIR
designated
DRAFT
­
12/
2/
04
representative
shall
submit
to
the
Administrator
a
compliance
certification
(
in
a
format
prescribed
by
the
Administrator)
in
support
of
each
quarterly
report
based
on
reasonable
inquiry
of
those
persons
with
primary
responsibility
for
ensuring
that
all
of
the
unit's
emissions
are
correctly
and
fully
monitored.
The
certification
shall
state
that:

(
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
NOX
emission
controls
and
for
all
hours
where
NOX
data
are
substituted
in
accordance
with
§
75.34(
a)(
1)
of
this
chapter,
the
add­
on
emission
controls
were
operating
within
the
range
of
parameters
listed
in
the
quality
assurance/
quality
control
program
under
appendix
B
to
part
75
of
this
chapter
and
the
substitute
data
values
do
not
systematically
underestimate
NOX
emissions.

§
96.175
Petitions.

(
a)
Except
as
provided
in
paragraph
(
b)(
2)
of
this
section,

the
CAIR
designated
representative
of
a
CAIR
NOX
unit
that
is
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
this
subpart.
Application
of
an
alternative
to
any
requirement
DRAFT
­
12/
2/
04
of
this
subpart
is
in
accordance
with
this
subpart
only
to
the
extent
that
the
petition
is
approved
in
writing
by
the
Administrator,
in
consultation
with
the
permitting
authority.

(
b)(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
unit
that
is
not
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
permitting
authority
and
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
this
subpart.
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
in
writing
by
both
the
permitting
authority
and
the
Administrator.

(
2)
The
CAIR
designated
representative
of
a
CAIR
NOX
unit
that
is
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
permitting
authority
and
the
Administrator
requesting
approval
to
apply
an
alternative
to
a
requirement
concerning
any
additional
continuous
emission
monitoring
system
required
under
§
75.72
of
this
chapter.
Application
of
an
alternative
to
any
such
requirement
is
in
accordance
with
this
subpart
only
to
the
extent
that
the
petition
is
approved
in
writing
by
both
the
permitting
authority
and
the
Administrator.

§
96.176
Additional
Requirements
to
Provide
Heat
Input
Data.

The
owner
or
operator
of
a
CAIR
NOX
unit
that
monitors
and
DRAFT
­
12/
2/
04
reports
NOX
mass
emissions
using
a
NOX
concentration
system
and
a
flow
system
shall
also
monitor
and
report
heat
input
rate
at
the
unit
level
using
the
procedures
set
forth
in
part
75
of
this
chapter.

Subpart
II
­
CAIR
NOX
Opt­
in
Units
§
96.180
Applicability.

A
CAIR
NOX
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
the
State;

(
b)
Is
not
a
CAIR
NOX
unit
under
§
96.104
and
is
not
covered
by
a
retired
unit
exemption
under
§
96.105
that
is
in
effect;

(
c)
Is
not
covered
by
a
retired
unit
exemption
under
§
72.8
of
this
chapter
that
is
in
effect;

(
d)
Has
or
is
required
or
qualified
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit;
and
(
e)
Vents
all
of
its
emissions
to
a
stack
and
can
meet
the
monitoring,
recordkeeping,
and
reporting
requirements
of
subpart
HH
of
this
part.

§
96.181
General.

(
a)
Except
as
otherwise
provided
in
§
§
96.101
through
96.104,
§
§
96.106
through
96.108,
and
subparts
BB
and
CC
and
subparts
FF
through
HH
of
this
part,
a
CAIR
NOX
opt­
in
unit
shall
be
treated
as
a
CAIR
NOX
unit
for
purposes
of
applying
such
sections
and
subparts
of
this
part.

(
b)
Solely
for
purposes
of
applying,
as
provided
in
this
DRAFT
­
12/
2/
04
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
NOX
unit
before
issuance
of
a
CAIR
opt­
in
permit
for
such
unit.

§
96.182
CAIR
designated
representative.

Any
CAIR
NOX
opt­
in
unit,
and
any
unit
for
which
a
CAIR
optin
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
this
subpart,

located
at
the
same
source
as
one
or
more
CAIR
NOX
units
shall
have
the
same
CAIR
designated
representative
and
alternate
CAIR
designated
representative
as
such
CAIR
NOX
units.

§
96.183
Applying
for
CAIR
opt­
in
permit.

(
a)
Applying
for
initial
CAIR
opt­
in
permit.
The
CAIR
designated
representative
of
a
unit
meeting
the
requirements
for
a
CAIR
NOX
opt­
in
unit
in
§
96.180
may
apply
for
an
initial
CAIR
opt­
in
permit
at
any
time,
except
as
provided
under
§
96.186(
f)

and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
96.122;

(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
NOX
unit
under
§
96.104
and
is
not
covered
by
a
retired
unit
exemption
under
§
96.105
that
is
in
effect;

(
ii)
Is
not
covered
by
a
retired
unit
exemption
under
§
72.8
DRAFT
­
12/
2/
04
of
this
chapter
that
is
in
effect;

(
iii)
Vents
all
of
its
emissions
to
a
stack,
and
(
iv)
Has
documented
heat
input
for
more
than
876
hours
during
the
6
months
immediately
preceding
submission
of
the
CAIR
permit
application
under
§
96.122;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HH
of
this
part;

(
4)
A
complete
certificate
of
representation
under
§
96.113
consistent
with
§
96.182,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;
and
(
5)
A
statement,
in
a
format
specified
by
the
permitting
authority,
whether
the
CAIR
designated
representative
requests
that
the
unit
be
allocated
CAIR
NOX
allowances
under
§
96.188(
c)

(
subject
to
the
conditions
in
§
§
96.184(
h)
and
96.186(
g)).

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
opt­
in
unit
shall
submit
a
complete
CAIR
permit
application
under
§
96.122
to
renew
the
CAIR
opt­
in
unit
permit
in
accordance
with
the
permitting
authority's
regulations
for
title
V
operating
permits,
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
if
applicable,
addressing
permit
renewal.

(
2)
Unless
the
permitting
authority
issues
a
notification
of
acceptance
of
withdrawal
of
the
CAIR
opt­
in
unit
from
the
CAIR
NOX
DRAFT
­
12/
2/
04
Annual
Trading
Program
in
accordance
with
§
96.186
or
the
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
the
CAIR
NOX
opt­
in
unit
shall
remain
subject
to
the
requirements
for
a
CAIR
NOX
opt­
in
unit,
even
if
the
CAIR
designated
representative
for
the
CAIR
NOX
opt­
in
unit
fails
to
submit
a
CAIR
permit
application
that
is
required
for
renewal
of
the
CAIR
opt­
in
permit
under
paragraph
(
b)(
1)
of
this
section.

§
96.184
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.183
is
submitted
in
accordance
with
the
following:

(
a)
Interim
review
of
monitoring
plan.
The
permitting
authority
and
the
Administrator
will
determine,
on
an
interim
basis,
the
sufficiency
of
the
monitoring
plan
accompanying
the
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.183.
A
monitoring
plan
is
sufficient,
for
purposes
of
interim
review,
if
the
plan
appears
to
contain
information
demonstrating
that
the
NOX
emissions
rate
and
heat
input
of
the
unit
and
all
other
applicable
parameters
are
monitored
and
reported
in
accordance
with
subpart
HH
of
this
part.
A
determination
of
sufficiency
shall
not
be
construed
as
acceptance
or
approval
of
the
monitoring
plan.

(
b)
Monitoring
and
reporting.
(
1)(
i)
If
the
permitting
DRAFT
­
12/
2/
04
authority
and
the
Administrator
determine
that
the
monitoring
plan
is
sufficient
under
paragraph
(
a)
of
this
section,
the
owner
or
operator
shall
monitor
and
report
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
and
all
other
applicable
parameters,

in
accordance
with
subpart
HH
of
this
part,
starting
on
the
date
of
certification
of
the
appropriate
monitoring
systems
under
subpart
HH
of
this
part
and
continuing
until
a
CAIR
opt­
in
permit
is
denied
under
§
96.184(
f)
or,
if
a
CAIR
opt­
in
permit
is
issued,
the
date
and
time
when
the
unit
is
withdrawn
from
the
CAIR
NOX
Annual
Trading
Program
in
accordance
with
§
96.186.

(
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
NOX
Annual
Trading
Program
under
§
96.184(
g),
during
which
period
monitoring
system
availability
must
not
be
less
than
90
percent
under
subpart
HH
of
this
part
and
the
unit
must
be
in
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissions­
related
requirements.

(
2)
To
the
extent
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
are
monitored
and
reported
in
accordance
with
subpart
HH
of
this
part
for
one
or
more
control
periods,
in
addition
to
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section,

during
which
control
periods
monitoring
system
availability
is
not
less
than
90
percent
under
subpart
HH
of
this
part
and
the
DRAFT
­
12/
2/
04
unit
is
in
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissions­
related
requirements
and
which
control
periods
begin
not
more
than
3
years
before
the
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g),
such
information
shall
be
used
as
provided
in
paragraphs
(
c)
and
(
d)

of
this
section.

(
c)
Baseline
heat
input.
The
unit's
baseline
heat
rate
shall
equal:

(
1)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
total
heat
input
(
in
mmBtu)
for
the
control
period;
or
(
2)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
the
average
of
the
amounts
of
the
unit's
total
heat
input
(
in
mmBtu)

for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
for
the
control
periods
under
paragraph
(
b)(
2)
of
this
section.

(
d)
Baseline
NOX
emission
rate.
The
unit's
baseline
NOX
emission
rate
shall
equal:

(
1)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
NOX
emissions
DRAFT
­
12/
2/
04
rate
(
in
lb/
mmBtu)
for
the
control
period;

(
2)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
does
not
have
add­
on
NOX
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
NOX
emissions
rate
(
in
lb/
mmBtu)
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section;
or
(
3)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
has
add­
on
NOX
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
NOX
emissions
rate
(
in
lb/
mmBtu)
for
such
control
period
during
which
the
unit
has
add­
on
NOX
emission
controls.

(
e)
Issuance
of
CAIR
opt­
in
permit.
After
calculating
the
baseline
heat
input
and
the
baseline
NOX
emissions
rate
for
the
unit
under
paragraphs
(
c)
and
(
d)
of
this
section
and
if
the
permitting
authority
determines
that
the
CAIR
designated
representative
shows
that
the
unit
meets
the
requirements
for
a
CAIR
NOX
opt­
in
unit
in
§
96.180
and
meets
the
elements
certified
in
§
96.183(
a)(
2),
the
permitting
authority
will
issue
a
CAIR
opt­
in
permit.
The
permitting
authority
will
provide
a
copy
of
DRAFT
­
12/
2/
04
the
CAIR
opt­
in
permit
to
the
Administrator,
who
will
then
establish
a
compliance
account
for
the
source
that
includes
the
CAIR
NOX
opt­
in
unit
unless
the
source
already
has
a
compliance
account.

(
f)
Issuance
of
denial
of
CAIR
opt­
in
permit.

Notwithstanding
paragraphs
(
a)
through
(
e)
of
this
section,
if
at
any
time
before
issuance
of
a
CAIR
opt­
in
permit
for
the
unit,

the
permitting
authority
determines
that
the
CAIR
designated
representative
fails
to
show
that
the
unit
meets
the
requirements
for
a
CAIR
NOX
opt­
in
unit
in
§
96.180
or
meets
the
elements
certified
in
§
96.183(
a)(
2),
the
permitting
authority
will
issue
a
denial
of
a
CAIR
NOX
opt­
in
permit
for
the
unit.

(
g)
Date
of
entry
into
CAIR
NOX
Annual
Trading
Program.
A
unit
for
which
an
initial
CAIR
opt­
in
permit
is
issued
by
the
permitting
authority
shall
become
a
CAIR
NOX
opt­
in
unit,
and
a
CAIR
NOX
unit,
as
of
the
later
of
January
1,
2009
or
January
1
of
the
first
control
period
during
which
such
CAIR
opt­
in
permit
is
issued.

(
h)
Repowered
CAIR
NOX
opt­
in
unit.
(
1)
If
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
NOX
opt­
in
unit
of
CAIR
NOX
allowances
under
§
96.188(
c)
and
such
unit
is
repowered
after
its
date
of
entry
into
the
CAIR
NOX
Annual
Trading
Program
under
paragraph
(
g)
of
this
section,
the
repowered
unit
DRAFT
­
12/
2/
04
shall
be
treated
as
a
CAIR
NOX
opt­
in
unit
replacing
the
original
CAIR
NOX
opt­
in
unit,
as
of
the
date
of
start­
up
of
the
repowered
unit's
combustion
chamber.

(
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
NOX
emission
rate
as
the
original
CAIR
NOX
opt­
in
unit,
and
the
original
CAIR
NOX
optin
unit
shall
no
longer
be
treated
as
a
CAIR
opt­
in
unit
or
a
CAIR
NOX
unit.

§
96.185
CAIR
opt­
in
permit
contents.

(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
96.122;

(
2)
The
certification
in
§
96.183(
a)(
2);

(
3)
The
unit's
baseline
heat
input
under
§
96.184(
c);

(
4)
The
unit's
baseline
NOX
emission
rate
under
§
96.184(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
NOX
allowances
under
§
96.188(
c)
(
subject
to
the
conditions
in
§
§
96.184(
h)
and
96.186(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
NOX
Annual
Trading
Program
only
in
accordance
with
§
96.186;
and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
DRAFT
­
12/
2/
04
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
96.187.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.102
and,
upon
recordation
by
the
Administrator
under
subpart
FF
or
GG
of
this
part
or
this
subpart,
every
allocation,
transfer,
or
deduction
of
CAIR
NOX
allowances
to
or
from
the
compliance
account
of
the
source
that
includes
a
CAIR
NOX
opt­
in
unit
covered
by
the
CAIR
opt­
in
permit.

§
96.186
Withdrawal
from
CAIR
NOX
Annual
Trading
Program.

Except
as
provided
under
paragraph
(
g)
of
this
section,
a
CAIR
NOX
opt­
in
unit
may
withdraw
from
the
CAIR
NOX
Annual
Trading
Program,

but
only
if
the
permitting
authority
issues
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
NOX
opt­
in
unit
of
the
acceptance
of
the
withdrawal
of
the
CAIR
NOX
opt­
in
unit
in
accordance
with
paragraph
(
d)
of
this
section.
(
a)

Requesting
withdrawal.
In
order
to
withdraw
a
CAIR
opt­
in
unit
from
the
CAIR
NOX
Annual
Trading
Program,
the
CAIR
designated
representative
of
the
CAIR
NOX
opt­
in
unit
shall
submit
to
the
permitting
authority
a
request
to
withdraw
effective
as
of
midnight
of
December
31
of
a
specified
calendar
year,
which
date
must
be
at
least
4
years
after
December
31
of
the
year
of
entry
into
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g).
The
request
must
be
submitted
no
later
than
90
days
before
the
DRAFT
­
12/
2/
04
requested
effective
date
of
withdrawal.

(
b)
Conditions
for
withdrawal.
Before
a
CAIR
NOX
opt­
in
unit
covered
by
a
request
under
paragraph
(
a)
of
this
section
may
withdraw
from
the
CAIR
NOX
Annual
Trading
Program
and
the
CAIR
opt­
in
permit
may
be
terminated
under
paragraph
(
e)
of
this
section,
the
following
conditions
must
be
met:

(
1)
For
the
control
period
ending
on
the
date
on
which
the
withdrawal
is
to
be
effective,
the
source
that
includes
the
CAIR
NOX
opt­
in
unit
must
meet
the
requirement
to
hold
CAIR
NOX
allowances
under
§
96.106(
c)
and
cannot
have
any
excess
emissions.

(
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
NOX
opt­
in
unit
CAIR
NOX
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as
any
CAIR
NOX
allowances
allocated
to
the
CAIR
NOX
opt­
in
unit
under
§
96.188
for
any
control
period
for
which
the
withdrawal
is
to
be
effective.
If
there
are
no
remaining
CAIR
NOX
units
at
the
source,
the
Administrator
will
close
the
compliance
account,
and
the
owners
and
operators
of
the
CAIR
NOX
opt­
in
unit
may
submit
a
CAIR
NOX
allowance
transfer
for
any
remaining
CAIR
NOX
allowances
to
another
CAIR
NOX
Allowance
Tracking
System
in
accordance
with
subpart
GG
of
this
part.
DRAFT
­
12/
2/
04
(
c)
Notification.
(
1)
After
the
requirements
for
withdrawal
under
paragraphs
(
a)
and
(
b)
of
this
section
are
met
(
including
deduction
of
the
full
amount
of
CAIR
NOX
allowances
required),
the
permitting
authority
will
issue
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
NOX
opt­
in
unit
of
the
acceptance
of
the
withdrawal
of
the
CAIR
NOX
opt­
in
unit
as
of
midnight
on
December
31
of
the
calendar
year
for
which
the
withdrawal
was
requested.

(
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
NOX
opt­
in
unit
that
the
CAIR
NOX
opt­
in
unit's
request
to
withdraw
is
denied.
Such
CAIR
NOX
opt­
in
unit
shall
continue
to
be
a
CAIR
NOX
opt­
in
unit.

(
d)
Permit
amendment.
After
the
permitting
authority
issues
a
notification
under
paragraph
(
c)(
1)
of
this
section
that
the
requirements
for
withdrawal
have
been
met,
the
permitting
authority
will
revise
the
CAIR
permit
covering
the
CAIR
NOX
opt­
in
unit
to
terminate
the
CAIR
opt­
in
permit
for
such
unit
as
of
the
effective
date
specified
under
paragraph
(
c)(
1)
of
this
section.

The
unit
shall
continue
to
be
a
CAIR
NOX
opt­
in
unit
until
the
effective
date
of
the
termination
and
shall
comply
with
all
requirements
under
the
CAIR
NOX
Annual
Trading
Program
concerning
any
control
periods
for
which
the
unit
is
a
CAIR
NOX
opt­
in
unit,
DRAFT
­
12/
2/
04
even
if
such
requirements
arise
or
must
be
complied
with
after
the
withdrawal
takes
effect.

(
e)
Reapplication
upon
failure
to
meet
conditions
of
withdrawal.
If
the
permitting
authority
denies
the
CAIR
NOX
optin
unit's
request
to
withdraw,
the
CAIR
designated
representative
may
submit
another
request
to
withdraw
in
accordance
with
paragraphs
(
a)
and
(
b)
of
this
section.

(
f)
Ability
to
reapply
to
the
CAIR
NOX
Annual
Trading
Program.
Once
a
CAIR
NOX
opt­
in
unit
withdraws
from
the
CAIR
NOX
Annual
Trading
Program
and
its
CAIR
opt­
in
permit
is
terminated
under
this
section,
the
CAIR
designated
representative
may
not
submit
another
application
for
a
CAIR
opt­
in
permit
under
§
96.183
for
such
CAIR
NOX
opt­
in
unit
before
the
date
that
is
4
years
after
the
date
on
which
the
withdrawal
became
effective.

Such
new
application
for
a
CAIR
opt­
in
permit
will
be
treated
as
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.184.

(
g)
Inability
to
withdraw.
Notwithstanding
paragraphs
(
a)

through
(
f)
of
this
section,
a
CAIR
NOX
opt­
in
unit
shall
not
be
eligible
to
withdraw
from
the
CAIR
NOX
Annual
Trading
Program
if
the
CAIR
designated
representative
of
the
CAIR
NOX
opt­
in
unit
requests,
and
the
permitting
authority
issues
a
CAIR
NOX
opt­
in
permit
providing
for,
allocation
to
the
CAIR
NOX
opt­
in
unit
of
CAIR
NOX
allowances
under
§
96.188(
c).

§
96.187
Change
in
regulatory
status.
DRAFT
­
12/
2/
04
(
a)
Notification.
If
a
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
then
the
CAIR
designated
representative
shall
notify
in
writing
the
permitting
authority
and
the
Administrator
of
such
change
in
the
CAIR
NOX
opt­
in
unit's
regulatory
status,
within
30
days
of
such
change.

(
b)
Permitting
authority's
and
Administrator's
actions.

(
1)
If
a
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
the
permitting
authority
will
revise
the
CAIR
NOX
opt­
in
unit's
CAIR
opt­
in
permit
to
meet
the
requirements
of
a
CAIR
permit
under
§
96.123
as
of
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104.

(
2)(
i)
The
Administrator
will
deduct
from
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
opt­
in
unit
that
becomes
a
CAIR
NOX
unit
under
§
96.104,
CAIR
NOX
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as:

(
A)
Any
CAIR
NOX
allowances
allocated
to
the
CAIR
NOX
opt­
in
unit
under
§
96.188
for
any
control
period
after
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104;
and
(
B)
If
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104
is
not
December
31,
the
CAIR
NOX
allowances
allocated
to
the
CAIR
NOX
opt­
in
unit
under
§
96.188
for
the
control
period
that
includes
the
date
on
which
the
CAIR
DRAFT
­
12/
2/
04
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
multiplied
by
the
ratio
of
the
number
of
days,
in
the
control
period,

starting
with
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104
divided
by
the
total
number
of
days
in
the
control
period
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
ii)
The
CAIR
designated
representative
shall
ensure
that
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
unit
that
becomes
a
CAIR
NOX
unit
under
§
96.104
contains
the
CAIR
NOX
allowances
necessary
for
completion
of
the
deduction
under
paragraph
(
b)(
2)(
i)
of
this
section.

(
3)(
i)
For
every
control
period
after
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
the
CAIR
NOX
opt­
in
unit
will
be
treated,
solely
for
purposes
of
CAIR
NOX
allowance
allocations
under
§
96.142,
as
a
unit
that
commences
operation
on
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104
and
will
be
allocated
CAIR
NOX
allowances
under
§
96.142.

(
ii)
Notwithstanding
paragraph
(
b)(
3)(
i)
of
this
section,
if
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104
is
not
January
1,
the
following
number
of
CAIR
NOX
allowances
will
be
allocated
to
the
CAIR
NOX
opt­
in
unit
(
as
a
CAIR
NOX
unit)
under
§
96.142
for
the
control
period
that
includes
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
DRAFT
­
12/
2/
04
under
§
96.104:

(
A)
The
number
of
CAIR
NOX
allowances
otherwise
allocated
to
the
CAIR
NOX
opt­
in
unit
(
as
a
CAIR
NOX
unit)
under
§
96.142
for
the
control
period
multiplied
by;

(
B)
The
ratio
of
the
number
of
days,
in
the
control
period,

starting
with
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
divided
by
the
total
number
of
days
in
the
control
period;
and
(
C)
Rounded
to
the
nearest
whole
allowance
as
appropriate.

§
96.188
CAIR
NOX
allowance
allocations
to
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
96.184(
e),
the
permitting
authority
will
allocate
CAIR
NOX
allowances
to
the
CAIR
NOX
opt­
in
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
in
which
a
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31
after
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g),
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
allocate
CAIR
NOX
allowances
to
the
CAIR
NOX
opt­
in
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
that
includes
such
submission
deadline
and
in
which
the
unit
is
a
CAIR
NOX
opt­
DRAFT
­
12/
2/
04
in
unit,
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
b)
Calculation
of
allocation.
For
each
control
period
for
which
a
CAIR
NOX
opt­
in
unit
is
to
be
allocated
CAIR
NOX
allowances,
the
permitting
authority
will
allocate
in
accordance
with
the
following
procedures:

(
1)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
NOX
allowance
allocation
will
be
the
lesser
of:

(
i)
The
CAIR
NOX
opt­
in
unit's
baseline
heat
input
determined
under
§
96.184(
c);
or
(
ii)
The
CAIR
NOX
opt­
in
unit's
heat
input,
as
determined
in
accordance
with
subpart
HH
of
this
part,
for
immediately
prior
control
period,
except
when
the
allocation
is
being
calculated
for
the
control
period
in
which
the
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g).

(
2)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
NOX
allowance
allocations
will
be
the
lesser
of:

(
i)
The
CAIR
NOX
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.184(
d)
and
multiplied
by
70
percent;
or
(
ii)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
opt­
in
unit
at
any
time
during
the
control
period
for
which
CAIR
NOX
allowances
are
to
be
allocated.

(
3)
The
permitting
authority
will
allocate
CAIR
NOX
DRAFT
­
12/
2/
04
allowances
to
the
CAIR
NOX
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
b)(
1)
of
this
section,
multiplied
by
the
NOX
emission
rate
under
paragraph
(
b)(
2)
of
this
section,

divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
c)
Notwithstanding
paragraph
(
b)
of
this
section
and
if
the
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
NOX
opt­
in
unit
of
CAIR
NOX
allowances
under
this
paragraph
(
subject
to
the
conditions
in
§
§
96.184(
h)
and
96.186(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
NOX
opt­
in
unit
as
follows:

(
1)
For
each
control
period
in
2009
through
2014
for
which
the
CAIR
NOX
opt­
in
unit
is
to
be
allocated
CAIR
NOX
allowances,

(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
CAIR
NOX
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
NOX
allowance
allocations
will
be
the
lesser
of:

(
A)
The
CAIR
NOX
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.184(
d);
or
(
B)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
opt­
in
unit
at
any
time
during
the
control
period
in
which
the
CAIR
NOX
opt­
in
unit
enters
DRAFT
­
12/
2/
04
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g).

(
iii)
The
permitting
authority
will
allocate
CAIR
NOX
allowances
to
the
CAIR
NOX
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
c)(
1)(
i)
of
this
section,
multiplied
by
the
NOX
emission
rate
under
paragraph
(
c)(
1)(
ii)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
2)
For
each
control
period
in
2015
and
thereafter
for
which
the
CAIR
NOX
opt­
in
unit
is
to
be
allocated
CAIR
NOX
allowances,

(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
NOX
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
the
CAIR
NOX
allowance
allocation
will
be
the
lesser
of:

(
A)
0.12
lb/
mmBtu;

(
B)
The
CAIR
NOX
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.184(
d);
or
(
C)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
opt­
in
unit
at
any
time
during
the
control
period
for
which
CAIR
NOX
allowances
are
to
be
allocated.

(
iii)
The
permitting
authority
will
allocate
CAIR
NOX
allowances
to
the
CAIR
NOX
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
c)(
2)(
i)
of
this
section,
multiplied
DRAFT
­
12/
2/
04
by
the
NOX
emission
rate
under
paragraph
(
c)(
2)(
ii)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
d)
Recordation.
(
1)
The
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
opt­
in
unit,
the
CAIR
NOX
allowances
allocated
by
the
permitting
authority
to
the
CAIR
NOX
opt­
in
unit
under
paragraph
(
a)(
1)
of
this
section.

(
2)
By
January
1,
after
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
96.184(
g),
and
January
1
of
each
year
thereafter,
the
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
opt­
in
unit,
the
CAIR
NOX
allowances
allocated
by
the
permitting
authority
to
the
CAIR
NOX
opt­
in
unit
under
paragraph
(
a)(
2)
of
this
section.

3.
Part
96
is
amended
by
adding
subparts
AAA
through
CCC,

adding
and
reserving
subparts
DDD
and
EEE
and
adding
subparts
FFF
through
III
to
read
as
follows:

Subpart
AAA
 
CAIR
SO2
Trading
Program
General
Provisions
96.201
Purpose.

96.202
Definitions.

96.203
Measurements,
abbreviations,
and
acronyms.

96.204
Applicability.

96.205
Retired
unit
exemption.
DRAFT
­
12/
2/
04
96.206
Standard
requirements.

96.207
Computation
of
time.

96.208
Appeal
Procedures.

Subpart
BBB
 
CAIR
Designated
Representative
for
CAIR
SO2
Sources
96.210
Authorization
and
responsibilities
of
CAIR
designated
representative.

96.211
Alternate
CAIR
designated
representative.

96.212
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

96.213
Certificate
of
representation.

96.214
Objections
concerning
CAIR
designated
representative.

Subpart
CCC
 
Permits
96.220
General
CAIR
SO2
Trading
Program
permit
requirements.

96.221
Submission
of
CAIR
permit
applications.

96.222
Information
requirements
for
CAIR
permit
applications.

96.223
CAIR
permit
contents
and
term.

96.224
CAIR
permit
revisions.

Subpart
DDD
 
[
Reserved]

Subpart
EEE
 
[
Reserved]

Subpart
FFF
 
CAIR
SO2
Allowance
Tracking
System
96.250
[
Reserved]

96.251
Establishment
of
accounts.

96.252
Responsibilities
of
CAIR
authorized
account
representative.
DRAFT
­
12/
2/
04
96.253
[
Reserved]

96.254
Compliance
with
CAIR
SO2
emissions
limitation.

96.255
Banking.

96.256
Account
error.

96.257
Closing
of
general
accounts.

Subpart
GGG
 
CAIR
SO2
Allowance
Transfers
96.260
Submission
of
CAIR
SO2
allowance
transfers.

96.261
EPA
recordation.

96.262
Notification.

Subpart
HHH
 
Monitoring
and
Reporting
96.270
General
requirements.

96.271
Initial
certification
and
recertification
procedures.

96.272
Out
of
control
periods.

96.273
Notifications.

96.274
Recordkeeping
and
reporting.

96.275
Petitions.

96.276
Additional
requirements
to
provide
heat
input
data.

Subpart
III
 
CAIR
SO2
Opt­
in
Units
96.280
Applicability.

96.281
General.

96.282
CAIR
designated
representative.

96.283
Applying
for
CAIR
opt­
in
permit.

96.284
Opt­
in
process.

96.285
CAIR
opt­
in
permit
contents.
DRAFT
­
12/
2/
04
96.286
Withdrawal
from
CAIR
SO2
Trading
Program.

96.287
Change
in
regulatory
status.

96.288
SO2
allowance
allocations
to
CAIR
SO2
opt­
in
units.

Subpart
AAA
 
CAIR
SO2
Trading
Program
General
Provisions
§
96.201
Purpose.

This
subpart
and
subparts
BBB
through
III
establish
the
model
rule
comprising
general
provisions
and
the
designated
representative,
permitting,
allowance,
monitoring,
and
opt­
in
provisions
for
the
State
Clean
Air
Interstate
Rule
(
CAIR)
SO2
Trading
Program,
under
section
110
of
the
Clean
Air
Act
and
§
51.124
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
sulfur
dioxide.
The
owner
or
operator
of
a
unit
or
a
source
shall
comply
with
the
requirements
of
this
subpart
and
subparts
BBB
through
III
as
a
matter
of
federal
law
only
if
the
State
with
jurisdiction
over
the
unit
and
the
source
incorporates
by
reference
such
subparts
or
otherwise
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.124(
o)(
1)
or
(
2)
of
this
chapter,
the
State
submits
to
the
Administrator
one
or
more
revisions
of
the
State
implementation
plan
that
include
such
adoption,
and
the
Administrator
approves
such
revisions.
If
the
State
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.124(
o)(
1)
or
(
2)
of
this
chapter,
then
the
State
authorizes
the
Administrator
to
assist
the
State
in
implementing
the
CAIR
SO2
Trading
Program
by
carrying
DRAFT
­
12/
2/
04
out
the
functions
set
forth
for
the
Administrator
in
such
subparts.

§
96.202
Definitions.

The
terms
used
in
this
subpart
and
subparts
BBB
through
III
shall
have
the
meanings
set
forth
in
this
section
as
follows:

Account
number
means
the
identification
number
given
by
the
Administrator
to
each
CAIR
SO2
Allowance
Tracking
System
account.

Acid
Rain
emissions
limitation
means
a
limitation
on
emissions
of
sulfur
dioxide
or
nitrogen
oxides
under
the
Acid
Rain
Program.

Acid
Rain
Program
means
a
multi­
state
sulfur
dioxide
and
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
established
by
the
Administrator
under
title
IV
of
the
CAA
and
parts
72
through
78
of
this
chapter.

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
or
the
Administrator's
duly
authorized
representative.

Allocate
or
allocation
means,
with
regard
to
CAIR
SO2
allowances
issued
under
the
Acid
Rain
Program,
the
determination
by
the
Administrator
of
the
amount
of
such
CAIR
SO2
allowances
to
be
initially
credited
to
a
CAIR
SO2
unit
and,
with
regard
to
CAIR
SO2
allowances
issued
under
§
96.288,
the
determination
by
the
permitting
authority
of
the
amount
of
such
CAIR
SO2
allowances
to
be
initially
credited
to
a
CAIR
SO2
unit.

Allowance
transfer
deadline
means,
for
a
control
period,
midnight
DRAFT
­
12/
2/
04
of
March
1,
if
it
is
a
business
day,
or,
if
March
1
is
not
a
business
day,
midnight
of
the
first
business
day
thereafter
immediately
following
the
control
period
and
is
the
deadline
by
which
a
CAIR
SO2
allowance
transfer
must
be
submitted
for
recordation
in
a
CAIR
SO2
source's
compliance
account
in
order
to
be
used
to
meet
the
source's
CAIR
SO2
emissions
limitation
for
such
control
period
in
accordance
with
§
96.254.

Alternate
CAIR
designated
representative
means,
for
a
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
units
at
the
source
in
accordance
with
subparts
BBB
and
III
of
this
part,
to
act
on
behalf
of
the
CAIR
designated
representative
in
matters
pertaining
to
the
CAIR
SO2
Trading
Program.
If
the
CAIR
SO2
source
is
also
a
CAIR
NOX
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
SO2
source
is
also
a
CAIR
NOX
Ozone
Season
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
NOX
Ozone
Season
Trading
Program.
If
the
CAIR
SO2
source
is
also
subject
to
the
Acid
Rain
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Acid
Rain
Program.

Automated
data
acquisition
and
handling
system
or
DAHS
means
that
DRAFT
­
12/
2/
04
component
of
the
continuous
emission
monitoring
system,
or
other
emissions
monitoring
system
approved
for
use
under
subpart
HHH
of
this
part,
designed
to
interpret
and
convert
individual
output
signals
from
pollutant
concentration
monitors,
flow
monitors,

diluent
gas
monitors,
and
other
component
parts
of
the
monitoring
system
to
produce
a
continuous
record
of
the
measured
parameters
in
the
measurement
units
required
by
subpart
HHH
of
this
part.

Boiler
means
an
enclosed
fossil­
or
other­
fuel­
fired
combustion
device
used
to
produce
heat
and
to
transfer
heat
to
recirculating
water,
steam,
or
other
medium.

Bottoming­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
thermal
energy
and
at
least
some
of
the
reject
heat
from
the
useful
thermal
energy
application
or
process
is
then
used
for
electricity
production.

CAIR
authorized
account
representative
means,
with
regard
to
a
general
account,
a
responsible
natural
person
who
is
authorized,

in
accordance
with
subparts
BBB
and
III
of
this
part,
to
transfer
and
otherwise
dispose
of
CAIR
SO2
allowances
held
in
the
general
account
and,
with
regard
to
a
compliance
account,
the
CAIR
designated
representative
of
the
source.

CAIR
designated
representative
means,
for
a
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
DRAFT
­
12/
2/
04
units
at
the
source,
in
accordance
with
subparts
BBB
and
III
of
this
part,
to
represent
and
legally
bind
each
owner
and
operator
in
matters
pertaining
to
the
CAIR
SO2
Trading
Program.
If
the
CAIR
SO2
source
is
also
a
CAIR
NOX
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
representative
under
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
SO2
source
is
also
a
CAIR
NOX
Ozone
Season
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
representative
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

If
the
CAIR
SO2
source
is
also
subject
to
the
Acid
Rain
Program,

then
this
natural
person
shall
be
the
same
person
as
the
designated
representative
under
the
Acid
Rain
Program.

CAIR
NOX
Annual
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
51.123
of
this
chapter,

as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
nitrogen
oxides.

CAIR
NOX
Ozone
Season
source
means
a
source
that
includes
one
or
more
CAIR
NOX
Ozone
Season
units.

CAIR
NOX
Ozone
Season
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
51.123
of
this
DRAFT
­
12/
2/
04
chapter,
as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.

CAIR
NOX
Ozone
Season
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.304
and
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part.

CAIR
NOX
source
means
a
source
that
includes
one
or
more
CAIR
NOX
units.

CAIR
NOX
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Annual
Trading
Program
under
§
96.104
and
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part.

CAIR
permit
means
the
legally
binding
and
federally
enforceable
written
document,
or
portion
of
such
document,
issued
by
the
permitting
authority
under
subpart
CCC
of
this
part,
including
any
permit
revisions,
specifying
the
CAIR
SO2
Trading
Program
requirements
applicable
to
a
CAIR
SO2
source,
to
each
CAIR
SO2
unit
at
the
source,
and
to
the
owners
and
operators
and
the
CAIR
designated
representative
of
the
source
and
each
such
unit.

CAIR
SO2
allowance
means
a
limited
authorization
issued
by
the
Administrator
under
the
Acid
Rain
Program,
or
by
a
permitting
authority
under
§
96.288,
to
emit
sulfur
dioxide
during
the
control
period
of
the
specified
calendar
year
for
which
the
authorization
is
allocated
or
of
any
calendar
year
thereafter
under
the
CAIR
SO2
Trading
Program
as
follows:

(
1)
For
one
CAIR
SO2
allowance
allocated
for
a
control
period
in
DRAFT
­
12/
2/
04
a
year
before
2010,
one
ton
of
sulfur
dioxide,
except
as
provided
in
§
96.254(
b);

(
2)
For
one
CAIR
SO2
allowance
allocated
for
a
control
period
in
2010
through
2014,
0.50
ton
of
sulfur
dioxide,
except
as
provided
in
§
96.254(
b);
and
(
3)
For
one
CAIR
SO2
allowance
allocated
for
a
control
period
in
2015
or
later,
0.35
ton
of
sulfur
dioxide,
except
as
provided
in
§
96.254(
b).

An
authorization
to
emit
sulfur
dioxide
that
is
not
issued
under
the
Acid
Rain
Program
or
under
the
provisions
of
a
State
implementation
plan
that
is
approved
under
§
51.124(
o)(
1)
or
(
2)

of
this
chapter
shall
not
be
a
CAIR
SO2
allowance.

CAIR
SO2
allowance
deduction
or
deduct
CAIR
SO2
allowances
means
the
permanent
withdrawal
of
CAIR
SO2
allowances
by
the
Administrator
from
a
compliance
account
in
order
to
account
for
a
specified
number
of
tons
of
total
sulfur
dioxide
emissions
from
all
CAIR
SO2
units
at
a
CAIR
SO2
source
for
a
control
period,

determined
in
accordance
with
subpart
HHH
of
this
part,
or
to
account
for
excess
emissions.

CAIR
SO2
Allowance
Tracking
System
means
the
system
by
which
the
Administrator
records
allocations,
deductions,
and
transfers
of
CAIR
SO2
allowances
under
the
CAIR
SO2
Trading
Program.
This
is
the
same
system
as
the
Allowance
Tracking
System
under
§
72.2
of
this
chapter
by
which
the
Administrator
records
allocations,
DRAFT
­
12/
2/
04
deduction,
and
transfers
of
Acid
Rain
SO2
allowances
under
the
Acid
Rain
Program.

CAIR
SO2
Allowance
Tracking
System
account
means
an
account
in
the
CAIR
SO2
Allowance
Tracking
System
established
by
the
Administrator
for
purposes
of
recording
the
allocation,
holding,

transferring,
or
deducting
of
CAIR
SO2
allowances.
Such
allowances
will
be
allocated,
held,
deducted,
or
transferred
only
as
whole
allowances.

CAIR
SO2
allowances
held
or
hold
CAIR
SO2
allowances
means
the
CAIR
SO2
allowances
recorded
by
the
Administrator,
or
submitted
to
the
Administrator
for
recordation,
in
accordance
with
subparts
FFF,
GGG,
and
III
of
this
part
or
part
73
of
this
chapter,
in
a
CAIR
SO2
Allowance
Tracking
System
account.

CAIR
SO2
emissions
limitation
means,
for
a
CAIR
SO2
source,
the
tonnage
equivalent
of
the
CAIR
SO2
allowances
available
for
deduction
for
the
source
under
§
96.254(
a)
and
(
b)
for
a
control
period.

CAIR
SO2
source
means
a
source
that
includes
one
or
more
CAIR
SO2
units.

CAIR
SO2
Trading
Program
means
a
multi­
state
sulfur
dioxide
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
51.124
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
DRAFT
­
12/
2/
04
sulfur
dioxide.

CAIR
SO2
unit
means
a
unit
that
is
subject
to
the
CAIR
SO2
Trading
Program
under
§
96.204
and,
except
for
purposes
of
§
96.205,
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.
7401,
et
seq.

Coal
means
any
solid
fuel
classified
as
anthracite,
bituminous,

subbituminous,
or
lignite.

Coal­
derived
fuel
means
any
fuel
(
whether
in
a
solid,
liquid,
or
gaseous
state)
produced
by
the
mechanical,
thermal,
or
chemical
processing
of
coal.

Coal­
fired
means
combusting
any
amount
of
coal
or
coal­
derived
fuel,
alone,
or
in
combination
with
any
amount
of
any
other
fuel.

Cogeneration
unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine:

(
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
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
DRAFT
­
12/
2/
04
(
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.

Combustion
turbine
means:

(
1)
An
enclosed
device
comprising
a
compressor,
a
combustor,

and
a
turbine
and
in
which
the
flue
gas
resulting
from
the
combustion
of
fuel
in
the
combustor
passes
through
the
turbine,

rotating
the
turbine;
and
(
2)
If
the
enclosed
device
under
paragraph
(
1)
of
this
definition
is
combined
cycle,
any
associated
heat
recovery
steam
generator
and
steam
turbine.

Commence
commercial
operation
means,
with
regard
to
a
unit
serving
a
generator:

(
1)
To
have
begun
to
produce
steam,
gas,
or
other
heated
medium
used
to
generate
electricity
for
sale
or
use,
including
test
generation,
except
as
provided
in
§
96.205.

(
i)
For
a
unit
that
is
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
subsequently
undergoes
DRAFT
­
12/
2/
04
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source),
such
date
shall
remain
the
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
that
is
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.205,
for
a
unit
that
is
not
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
SO2
unit
under
§
96.204.

(
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
2)
of
this
definition
and
that
DRAFT
­
12/
2/
04
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.284(
h)
or
§
96.287(
b)(
3),
for
a
CAIR
SO2
optin
unit
or
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
unit's
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
SO2
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.284(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
DRAFT
­
12/
2/
04
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
4)
Notwithstanding
paragraphs
(
1)
through
(
3)
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
means:

(
1)
To
have
begun
any
mechanical,
chemical,
or
electronic
process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber,
except
as
provided
in
§
96.205.

(
i)
For
a
unit
that
is
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
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
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.
DRAFT
­
12/
2/
04
(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.205,
for
a
unit
that
is
not
a
CAIR
SO2
unit
under
§
96.204
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
date
for
commencement
of
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
SO2
unit
under
§
96.204.

(
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
unit's
date
of
commencement
of
operation.

(
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.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.284(
h)
or
§
96.287(
b)(
3),
for
a
CAIR
SO2
optin
unit
or
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
unit's
date
DRAFT
­
12/
2/
04
for
commencement
of
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
SO2
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.284(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

Common
stack
means
a
single
flue
through
which
emissions
from
2
or
more
units
are
exhausted.

Compliance
account
means
a
CAIR
SO2
Allowance
Tracking
System
account,
established
by
the
Administrator
for
a
CAIR
SO2
source
subject
to
an
Acid
Rain
emissions
limitations
under
§
73.31(
a)
or
(
b)
of
this
chapter
or
for
any
other
CAIR
SO2
source
under
subpart
FFF
or
III
of
this
part,
in
which
any
CAIR
SO2
allowance
allocations
for
the
CAIR
SO2
units
at
the
source
are
initially
DRAFT
­
12/
2/
04
recorded
and
in
which
are
held
any
CAIR
SO2
allowances
available
for
use
for
a
control
period
in
order
to
meet
the
source's
CAIR
SO2
emissions
limitation
in
accordance
with
§
96.254.

Continuous
emission
monitoring
system
or
CEMS
means
the
equipment
required
under
subpart
HHH
of
this
part
to
sample,
analyze,

measure,
and
provide,
by
means
of
readings
recorded
at
least
once
every
15
minutes
(
using
an
automated
data
acquisition
and
handling
system
(
DAHS)),
a
permanent
record
of
sulfur
dioxide
emissions,
stack
gas
volumetric
flow
rate,
stack
gas
moisture
content,
and
oxygen
or
carbon
dioxide
concentration
(
as
applicable),
in
a
manner
consistent
with
part
75
of
this
chapter.

The
following
systems
are
the
principal
types
of
continuous
emission
monitoring
systems
required
under
subpart
HHH
of
this
part:

(
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
SO2
pollutant
concentration
monitor
and
an
automated
data
acquisition
handling
system
and
providing
a
permanent,
continuous
record
of
SO2
emissions,
in
parts
per
million
(
ppm);

(
3)
A
moisture
monitoring
system,
as
defined
in
§
75.11(
b)(
2)

of
this
chapter
and
providing
a
permanent,
continuous
record
of
DRAFT
­
12/
2/
04
the
stack
gas
moisture
content,
in
percent
H2O;

(
4)
A
carbon
dioxide
monitoring
system,
consisting
of
a
CO2
pollutant
concentration
monitor
(
or
an
oxygen
monitor
plus
suitable
mathematical
equations
from
which
the
CO2
concentration
is
derived)
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
CO2
emissions,
in
percent
CO2;
and
(
5)
An
oxygen
monitoring
system,
consisting
of
an
O2
concentration
monitor
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
O2
in
percent
O2.

Control
period
means
the
period
beginning
January
1
of
a
calendar
year
and
ending
on
December
31
of
the
same
year,
inclusive.

Emissions
means
air
pollutants
exhausted
from
a
unit
or
source
into
the
atmosphere,
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
as
determined
by
the
Administrator
in
accordance
with
subpart
HHH
of
this
part.

Excess
emissions
means
any
ton,
or
portion
of
a
ton,
of
sulfur
dioxide
emitted
by
the
CAIR
SO2
units
at
a
CAIR
SO2
source
during
a
control
period
that
exceeds
the
CAIR
SO2
emissions
limitation
for
the
source,
provided
that
any
portion
of
a
ton
of
excess
emissions
shall
be
treated
as
one
ton
of
excess
emissions.

Fossil
fuel
means
natural
gas,
petroleum,
coal,
or
any
form
of
DRAFT
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12/
2/
04
solid,
liquid,
or
gaseous
fuel
derived
from
such
material.

Fossil­
fuel­
fired
means,
with
regard
to
a
unit,
combusting
any
amount
of
fossil
fuel
in
any
calendar
year.

General
account
means
a
CAIR
SO2
Allowance
Tracking
System
account,
established
under
subpart
FFF
of
this
part,
that
is
not
a
compliance
account.

Generator
means
a
device
that
produces
electricity.

Heat
input
means,
with
regard
to
a
specified
period
of
time,
the
product
(
in
mmBtu/
time)
of
the
gross
calorific
value
of
the
fuel
(
in
Btu/
lb)
divided
by
1,000,000
Btu/
mmBtu
and
multiplied
by
the
fuel
feed
rate
into
a
combustion
device
(
in
lb
of
fuel/
time),
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
determined
by
the
Administrator
in
accordance
with
subpart
HHH
of
this
part
and
excluding
the
heat
derived
from
preheated
combustion
air,
recirculated
flue
gases,

or
exhaust
from
other
sources.

Heat
input
rate
means
the
amount
of
heat
input
(
in
mmBtu)
divided
by
unit
operating
time
(
in
hr)
or,
with
regard
to
a
specific
fuel,
the
amount
of
heat
input
attributed
to
the
fuel
(
in
mmBtu)

divided
by
the
unit
operating
time
(
in
hr)
during
which
the
unit
combusts
the
fuel.

Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
customer
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
DRAFT
­
12/
2/
04
percentage
of
nameplate
capacity
and
associated
energy
from
any
specified
unit
and
pays
its
proportional
amount
of
such
unit's
total
costs,
pursuant
to
a
contract:

(
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
means,
starting
from
the
initial
installation
of
a
unit,
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
specified
by
the
manufacturer
of
the
unit,
or,
starting
from
the
completion
of
any
subsequent
physical
change
in
the
unit
resulting
in
a
decrease
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis,
such
decreased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Monitoring
system
means
any
monitoring
system
that
meets
the
requirements
of
subpart
HHH
of
this
part,
including
a
continuous
emissions
monitoring
system,
an
alternative
monitoring
system,
or
an
excepted
monitoring
system
under
part
75
of
this
chapter.
DRAFT
­
12/
2/
04
Most
stringent
State
or
Federal
SO2
emissions
limitation
means,

with
regard
to
a
unit,
the
lowest
SO2
emissions
limitation
(
in
terms
of
lb/
mmBtu)
that
is
applicable
to
the
unit
under
State
or
Federal
law,
regardless
of
the
averaging
period
to
which
the
emissions
limitation
applies.

Nameplate
capacity
means,
starting
from
the
initial
installation
of
a
generator,
the
maximum
electrical
generating
output
(
in
MWe)

that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings)
as
specified
by
the
manufacturer
of
the
generator
or,
starting
from
any
subsequent
physical
change
in
the
generator
resulting
in
an
increase
in
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings),
such
increased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Operator
means
any
person
who
operates,
controls,
or
supervises
a
CAIR
SO2
unit
or
a
CAIR
SO2
source
and
shall
include,
but
not
be
limited
to,
any
holding
company,
utility
system,
or
plant
manager
of
such
a
unit
or
source.

Owner
means
any
of
the
following
persons:

(
1)
With
regard
to
a
CAIR
SO2
source
or
a
CAIR
SO2
unit
at
a
source,
respectively:
DRAFT
­
12/
2/
04
(
i)
Any
holder
of
any
portion
of
the
legal
or
equitable
title
in
a
CAIR
SO2
unit
at
the
source
or
the
CAIR
SO2
unit;

(
ii)
Any
holder
of
a
leasehold
interest
in
a
CAIR
SO2
unit
at
the
source
or
the
CAIR
SO2
unit;
or
(
iii)
Any
purchaser
of
power
from
a
CAIR
SO2
unit
at
the
source
or
the
CAIR
SO2
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement;
provided
that,
unless
expressly
provided
for
in
a
leasehold
agreement,
owner
shall
not
include
a
passive
lessor,
or
a
person
who
has
an
equitable
interest
through
such
lessor,
whose
rental
payments
are
not
based
(
either
directly
or
indirectly)
on
the
revenues
or
income
from
such
CAIR
SO2
unit;
or
(
2)
With
regard
to
any
general
account,
any
person
who
has
an
ownership
interest
with
respect
to
the
CAIR
SO2
allowances
held
in
the
general
account
and
who
is
subject
to
the
binding
agreement
for
the
CAIR
authorized
account
representative
to
represent
the
person's
ownership
interest
with
respect
to
CAIR
SO2
allowances.

Permitting
authority
means
the
State
air
pollution
control
agency,
local
agency,
other
State
agency,
or
other
agency
authorized
by
the
Administrator
to
issue
or
revise
permits
to
meet
the
requirements
of
the
CAIR
SO2
Trading
Program
in
accordance
with
subpart
CCC
of
this
part
or,
if
no
such
agency
has
been
so
authorized,
the
Administrator.

Potential
electrical
output
capacity
means
33
percent
of
a
unit's
maximum
design
heat
input,
divided
by
3,413
Btu/
kWh,
divided
by
DRAFT
­
12/
2/
04
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.

Receive
or
receipt
of
means,
when
referring
to
the
permitting
authority
or
the
Administrator,
to
come
into
possession
of
a
document,
information,
or
correspondence
(
whether
sent
in
hard
copy
or
by
authorized
electronic
transmission),
as
indicated
in
an
official
correspondence
log,
or
by
a
notation
made
on
the
document,
information,
or
correspondence,
by
the
permitting
authority
or
the
Administrator
in
the
regular
course
of
business.

Recordation,
record,
or
recorded
means,
with
regard
to
CAIR
SO2
allowances,
the
movement
of
CAIR
SO2
allowances
by
the
Administrator
into
or
between
CAIR
SO2
Allowance
Tracking
System
accounts,
for
purposes
of
allocation,
transfer,
or
deduction.

Reference
method
means
any
direct
test
method
of
sampling
and
analyzing
for
an
air
pollutant
as
specified
in
§
75.22
of
this
chapter.

Repowered
means,
with
regard
to
a
unit,
replacement
of
a
coalfired
boiler
with
one
of
the
following
coal­
fired
technologies
at
the
same
source
as
the
coal­
fired
boiler:

(
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
DRAFT
­
12/
2/
04
Secretary
of
Energy,
a
derivative
of
one
or
more
of
the
technologies
under
paragraphs
(
1)
through
(
5)
of
this
definition
and
any
other
coal­
fired
technology
capable
of
controlling
multiple
combustion
emissions
simultaneously
with
improved
boiler
or
generation
efficiency
and
with
significantly
greater
waste
reduction
relative
to
the
performance
of
technology
in
widespread
commercial
use
as
of
January
1,
2005.

Serial
number
means,
for
a
CAIR
SO2
allowance,
the
unique
identification
number
assigned
to
each
CAIR
SO2
allowance
by
the
Administrator.

Sequential
use
of
energy
means:

(
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.

Source
means
all
buildings,
structures,
or
installations
located
in
one
or
more
contiguous
or
adjacent
properties
under
common
control
of
the
same
person
or
persons.
For
purposes
of
section
502(
c)
of
the
Clean
Air
Act,
a
"
source,"
including
a
"
source"

with
multiple
units,
shall
be
considered
a
single
"
facility."

State
means
one
of
the
States
or
the
District
of
Columbia
that
adopts
the
CAIR
SO2
Trading
Program
pursuant
to
§
51.124
(
o)(
1)
or
DRAFT
­
12/
2/
04
(
2)
of
this
chapter.

Submit
or
serve
means
to
send
or
transmit
a
document,

information,
or
correspondence
to
the
person
specified
in
accordance
with
the
applicable
regulation:

(
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
means
a
permit
issued
under
title
V
of
the
Clean
Air
Act
and
part
70
or
part
71
of
this
chapter.

Title
V
operating
permit
regulations
means
the
regulations
that
the
Administrator
has
approved
or
issued
as
meeting
the
requirements
of
title
V
of
the
Clean
Air
Act
and
part
70
or
71
of
this
chapter.

Ton
means
2,000
pounds.
For
the
purpose
of
determining
compliance
with
the
CAIR
SO2
emissions
limitation,
total
tons
of
sulfur
dioxide
emissions
for
a
control
period
shall
be
calculated
as
the
sum
of
all
recorded
hourly
emissions
(
or
the
mass
equivalent
of
the
recorded
hourly
emission
rates)
in
accordance
with
subpart
HHH
of
this
part,
but
with
any
remaining
fraction
of
a
ton
equal
to
or
greater
than
0.50
tons
deemed
to
equal
one
ton
and
any
remaining
fraction
of
a
ton
less
than
0.50
tons
deemed
to
DRAFT
­
12/
2/
04
equal
zero
tons.

Topping­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
power,
including
electricity,
and
at
least
some
of
the
reject
heat
from
the
electricity
production
is
then
used
to
provide
useful
thermal
energy.

Total
energy
input
means,
with
regard
to
a
cogeneration
unit,

total
energy
of
all
forms
supplied
to
the
cogeneration
unit,

excluding
energy
produced
by
the
cogeneration
unit
itself.

Total
energy
output
means,
with
regard
to
a
cogeneration
unit,

the
sum
of
useful
power
and
useful
thermal
energy
produced
by
the
cogeneration
unit.

Unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
combustion
turbine
or
other
stationary,
fossil­
fuel­
fired
combustion
device.

Unit
operating
day
means
a
calendar
day
in
which
a
unit
combusts
any
fuel.

Unit
operating
hour
or
hour
of
unit
operation
means
an
hour
in
which
a
unit
combusts
any
fuel.

Useful
power
means,
with
regard
to
a
cogeneration
unit,

electricity
or
mechanical
energy
made
available
for
use,

excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
onsite
emission
controls).
DRAFT
­
12/
2/
04
Useful
thermal
energy
means,
with
regard
to
a
cogeneration
unit,

thermal
energy
that
is:

(
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
heat
application
(
e.
g.,
space
heating
or
domestic
hot
water
heating);
or
(
3)
Used
in
a
space
cooling
application
(
i.
e.,
thermal
energy
used
by
an
absorption
chiller).

Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

§
96.203
Measurements,
abbreviations,
and
acronyms.

Measurements,
abbreviations,
and
acronyms
used
in
this
part
are
defined
as
follows:

Btu­
British
thermal
unit.

CO2­
carbon
dioxide.

NOX­
nitrogen
oxide.

hr­
hour.

kW­
kilowatt
electrical.

kWh­
kilowatt
hour.

mmBtu­
million
Btu.

MWe­
megawatt
electrical.

MWh­
megawatt
hour.
DRAFT
­
12/
2/
04
O2­
oxygen.

ppm­
parts
per
million.

lb­
pound.

scfh­
standard
cubic
feet
per
hour.

SO2­
sulfur
dioxide.

H2O­
water.

yr­
year.

§
96.204
Applicability.

The
following
units
in
a
State
shall
be
CAIR
SO2
units,
and
any
source
that
includes
one
or
more
such
units
shall
be
a
CAIR
SO2
source,
subject
to
the
requirements
of
this
subpart
and
subparts
BBB
through
HHH
of
this
part:

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­

fuelfired
combustion
turbine
serving
at
any
time,
since
the
start­
up
of
a
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
b)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
cogeneration
unit
serving
at
any
time
a
generator
with
nameplate
capacity
of
more
than
25
MWe
and
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
DRAFT
­
12/
2/
04
power
distribution
system
for
sale.
If
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
a)
of
this
section
starting
on
the
day
on
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

§
96.205
Retired
unit
exemption.

(
a)(
1)
Any
CAIR
SO2
unit
that
is
permanently
retired
and
is
not
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part
shall
be
exempt
from
the
CAIR
SO2
Trading
Program,
except
for
the
provisions
of
this
section,
§
96.202,
§
96.203,
§
96.204,
§
96.206(
c)(
4)
through
(
8),
§
96.207,
and
subparts
FFF
and
GGG
of
this
part.

(
2)
The
exemption
under
paragraph
(
a)(
1)
of
this
section
shall
become
effective
the
day
on
which
the
CAIR
SO2
unit
is
permanently
retired.
Within
30
days
of
the
unit's
permanent
retirement,
the
CAIR
designated
representative
shall
submit
a
statement
to
the
permitting
authority
otherwise
responsible
for
administering
any
CAIR
permit
for
the
unit
and
shall
submit
a
copy
of
the
statement
to
the
Administrator.
The
statement
shall
state,
in
a
format
prescribed
by
the
permitting
authority,
that
the
unit
was
permanently
retired
on
a
specific
date
and
will
comply
with
the
requirements
of
paragraph
(
b)
of
this
section.

(
3)
After
receipt
of
the
notice
under
paragraph
(
a)(
2)
of
DRAFT
­
12/
2/
04
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.

(
1)
A
unit
exempt
under
paragraph
(
a)
of
this
section
shall
not
emit
any
sulfur
dioxide,
starting
on
the
date
that
the
exemption
takes
effect.

(
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
SO2
Trading
Program
concerning
all
periods
for
which
the
exemption
is
not
in
effect,
even
if
such
requirements
arise,

or
must
be
complied
with,
after
the
exemption
takes
effect.

(
4)
A
unit
exempt
under
paragraph
(
a)
of
this
section
and
DRAFT
­
12/
2/
04
located
at
a
source
that
is
required,
or
but
for
this
exemption
would
be
required,
to
have
a
title
V
operating
permit
shall
not
resume
operation
unless
the
CAIR
designated
representative
of
the
source
submits
a
complete
CAIR
permit
application
under
§
96.222
for
the
unit
not
less
than
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2010
or
the
date
on
which
the
unit
resumes
operation.

(
5)
On
the
earlier
of
the
following
dates,
a
unit
exempt
under
paragraph
(
a)
of
this
section
shall
lose
its
exemption:

(
i)
The
date
on
which
the
CAIR
designated
representative
submits
a
CAIR
permit
application
for
the
unit
under
paragraph
(
b)(
4)
of
this
section;

(
ii)
The
date
on
which
the
CAIR
designated
representative
is
required
under
paragraph
(
b)(
4)
of
this
section
to
submit
a
CAIR
permit
application
for
the
unit;
or
(
iii)
The
date
on
which
the
unit
resumes
operation,
if
the
CAIR
designated
representative
is
not
required
to
submit
a
CAIR
permit
application
for
the
unit.

(
6)
For
the
purpose
of
applying
monitoring,
reporting,
and
recordkeeping
requirements
under
subpart
HHH
of
this
part,
a
unit
that
loses
its
exemption
under
paragraph
(
a)
of
this
section
shall
be
treated
as
a
unit
that
commences
operation
and
commercial
operation
on
the
first
date
on
which
the
unit
resumes
operation.
DRAFT
­
12/
2/
04
§
96.206
Standard
requirements.

(
a)
Permit
Requirements.

(
1)
The
CAIR
designated
representative
of
each
CAIR
SO2
source
required
to
have
a
title
V
operating
permit
and
each
CAIR
SO2
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall:

(
i)
Submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.222
in
accordance
with
the
deadlines
specified
in
§
96.221(
a)
and
(
b);
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
SO2
source
required
to
have
a
title
V
operating
permit
and
each
CAIR
SO2
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall
have
a
CAIR
permit
issued
by
the
permitting
authority
under
subpart
CCC
of
this
part
for
the
source
and
operate
the
source
and
the
unit
in
compliance
with
such
CAIR
permit.

(
3)
Except
as
provided
in
subpart
III
of
this
part,
the
owners
and
operators
of
a
CAIR
SO2
source
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
and
each
CAIR
SO2
unit
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
are
not
required
to
submit
a
CAIR
permit
application,
and
to
have
a
CAIR
permit,
under
subpart
CCC
of
this
part
for
such
CAIR
SO2
DRAFT
­
12/
2/
04
source
and
such
CAIR
SO2
unit.

(
b)
Monitoring,
reporting,
and
recordkeeping
requirements.

(
1)
The
owners
and
operators,
and
the
CAIR
designated
representative,
of
each
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source
shall
comply
with
the
monitoring,
reporting,
and
recordkeeping
requirements
of
subpart
HHH
of
this
part.

(
2)
The
emissions
measurements
recorded
and
reported
in
accordance
with
subpart
HHH
of
this
part
shall
be
used
to
determine
compliance
by
each
CAIR
SO2
source
with
the
CAIR
SO2
emissions
limitation
under
paragraph
(
c)
of
this
section.

(
c)
Sulfur
dioxide
emission
requirements.

(
1)
As
of
the
allowance
transfer
deadline
for
a
control
period,
the
owners
and
operators
of
each
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source
shall
hold,
in
the
source's
compliance
account,
a
tonnage
equivalent
in
CAIR
SO2
allowances
available
for
compliance
deductions
for
the
control
period,
as
determined
in
accordance
with
§
96.254(
a)
and
(
b),
not
less
than
the
tons
of
total
sulfur
dioxide
emissions
for
the
control
period
from
all
CAIR
SO2
units
at
the
source,
as
determined
in
accordance
with
subpart
HHH
of
this
part.

(
2)
A
CAIR
SO2
unit
shall
be
subject
to
the
requirements
under
paragraph
(
c)(
1)
of
this
section
starting
on
the
later
of
January
1,
2010
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
96.270(
b)(
1),(
2),
or
(
5).
DRAFT
­
12/
2/
04
(
3)
A
CAIR
SO2
allowance
shall
not
be
deducted,
for
compliance
with
the
requirements
under
paragraph
(
c)(
1)
of
this
section,
for
a
control
period
in
a
calendar
year
before
the
year
for
which
the
CAIR
SO2
allowance
was
allocated.

(
4)
CAIR
SO2
allowances
shall
be
held
in,
deducted
from,
or
transferred
into
or
among
CAIR
SO2
Allowance
Tracking
System
accounts
in
accordance
with
subparts
FFF
and
GGG
of
this
part.

(
5)
A
CAIR
SO2
allowance
is
a
limited
authorization
to
emit
sulfur
dioxide
in
accordance
with
the
CAIR
SO2
Trading
Program.

No
provision
of
the
CAIR
SO2
Trading
Program,
the
CAIR
permit
application,
the
CAIR
permit,
or
an
exemption
under
§
96.205
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
the
State
or
the
United
States
to
terminate
or
limit
such
authorization.

(
6)
A
CAIR
SO2
allowance
does
not
constitute
a
property
right.

(
7)
Upon
recordation
by
the
Administrator
under
subparts
FFF,
GGG,
or
III
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
SO2
allowance
to
or
from
a
CAIR
SO2
unit's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source
that
includes
the
CAIR
SO2
unit.

(
d)
Excess
emissions
requirements.

(
1)
If
a
CAIR
SO2
source
emits
sulfur
dioxide
during
any
control
period
in
excess
of
the
CAIR
SO2
emissions
limitation,
DRAFT
­
12/
2/
04
then:

(
i)
The
owners
and
operators
of
the
source
and
each
CAIR
SO2
unit
at
the
source
shall
surrender
the
CAIR
SO2
allowances
required
for
deduction
under
§
96.254(
d)(
1)
and
pay
any
fine,

penalty,
or
assessment
or
comply
with
any
other
remedy
imposed,

for
the
same
violations,
under
the
Clean
Air
Act
or
applicable
State
law;
and
(
ii)
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.

(
1)
Unless
otherwise
provided,
the
owners
and
operators
of
the
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source
shall
keep
on
site
at
the
source
each
of
the
following
documents
for
a
period
of
5
years
from
the
date
the
document
is
created.
This
period
may
be
extended
for
cause,
at
any
time
before
the
end
of
5
years,
in
writing
by
the
permitting
authority
or
the
Administrator.

(
i)
The
certificate
of
representation
under
§
96.213
for
the
CAIR
designated
representative
for
the
source
and
each
CAIR
SO2
unit
at
the
source
and
all
documents
that
demonstrate
the
truth
of
the
statements
in
the
certificate
of
representation;
provided
that
the
certificate
and
documents
shall
be
retained
on
site
at
the
source
beyond
such
5­
year
period
until
such
documents
are
DRAFT
­
12/
2/
04
superseded
because
of
the
submission
of
a
new
certificate
of
representation
under
§
96.213
changing
the
CAIR
designated
representative.

(
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
SO2
Trading
Program.

(
iv)
Copies
of
all
documents
used
to
complete
a
CAIR
permit
application
and
any
other
submission
under
the
CAIR
SO2
Trading
Program
or
to
demonstrate
compliance
with
the
requirements
of
the
CAIR
SO2
Trading
Program.

(
2)
The
CAIR
designated
representative
of
a
CAIR
SO2
source
and
each
CAIR
SO2
unit
at
the
source
shall
submit
the
reports
required
under
the
CAIR
SO2
Trading
Program,
including
those
under
subpart
HHH
of
this
part.

(
f)
Liability.

(
1)
Each
CAIR
SO2
source
and
each
CAIR
SO2
unit
shall
meet
the
requirements
of
the
CAIR
SO2
Trading
Program.

(
2)
Any
provision
of
the
CAIR
SO2
Trading
Program
that
applies
to
a
CAIR
SO2
source
or
the
CAIR
designated
representative
of
a
CAIR
SO2
source
shall
also
apply
to
the
owners
and
operators
DRAFT
­
12/
2/
04
of
such
source
and
of
the
CAIR
SO2
units
at
the
source.

(
3)
Any
provision
of
the
CAIR
SO2
Trading
Program
that
applies
to
a
CAIR
SO2
unit
or
the
CAIR
designated
representative
of
a
CAIR
SO2
unit
shall
also
apply
to
the
owners
and
operators
of
such
unit.

(
g)
Effect
on
other
authorities.
No
provision
of
the
CAIR
SO2
Trading
Program,
a
CAIR
permit
application,
a
CAIR
permit,
or
an
exemption
under
§
96.205
shall
be
construed
as
exempting
or
excluding
the
owners
and
operators,
and
the
CAIR
designated
representative,
of
a
CAIR
SO2
source
or
CAIR
SO2
unit
from
compliance
with
any
other
provision
of
the
applicable,
approved
State
implementation
plan,
a
federally
enforceable
permit,
or
the
Clean
Air
Act.

§
96.207
Computation
of
time.

(
a)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
SO2
Trading
Program,
to
begin
on
the
occurrence
of
an
act
or
event
shall
begin
on
the
day
the
act
or
event
occurs.

(
b)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
SO2
Trading
Program,
to
begin
before
the
occurrence
of
an
act
or
event
shall
be
computed
so
that
the
period
ends
the
day
before
the
act
or
event
occurs.

(
c)
Unless
otherwise
stated,
if
the
final
day
of
any
time
period,
under
the
CAIR
SO2
Trading
Program,
falls
on
a
weekend
or
a
State
or
Federal
holiday,
the
time
period
shall
be
extended
to
DRAFT
­
12/
2/
04
the
next
business
day.

§
96.208
Appeal
Procedures.

The
appeal
procedures
for
decisions
of
the
Administrator
under
the
CAIR
SO2
Trading
Program
are
set
forth
in
part
78
of
this
chapter.

Subpart
BBB
 
CAIR
designated
representative
for
CAIR
SO2
sources
§
96.210
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
96.211,
each
CAIR
SO2
source,

including
all
CAIR
SO2
units
at
the
source,
shall
have
one
and
only
one
CAIR
designated
representative,
with
regard
to
all
matters
under
the
CAIR
SO2
Trading
Program
concerning
the
source
or
any
CAIR
SO2
unit
at
the
source.

(
b)
The
CAIR
designated
representative
of
the
CAIR
SO2
source
shall
be
selected
by
an
agreement
binding
on
the
owners
and
operators
of
the
source
and
all
CAIR
SO2
units
at
the
source
and
shall
act
in
accordance
with
the
certification
statement
in
§
96.213(
a)(
5)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.213,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
each
owner
and
operator
of
the
CAIR
SO2
source
represented
and
each
CAIR
SO2
unit
at
the
source
in
all
matters
pertaining
to
the
DRAFT
­
12/
2/
04
CAIR
SO2
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
designated
representative
and
such
owners
and
operators.

The
owners
and
operators
shall
be
bound
by
any
decision
or
order
issued
to
the
CAIR
designated
representative
by
the
permitting
authority,
the
Administrator,
or
a
court
regarding
the
source
or
unit.

(
d)
No
CAIR
permit
will
be
issued,
no
emissions
data
reports
will
be
accepted,
and
no
CAIR
SO2
Allowance
Tracking
System
account
will
be
established
for
a
CAIR
SO2
unit
at
a
source,
until
the
Administrator
has
received
a
complete
certificate
of
representation
under
§
96.213
for
a
CAIR
designated
representative
of
the
source
and
the
CAIR
SO2
units
at
the
source.

(
e)(
1)
Each
submission
under
the
CAIR
SO2
Trading
Program
shall
be
submitted,
signed,
and
certified
by
the
CAIR
designated
representative
for
each
CAIR
SO2
source
on
behalf
of
which
the
submission
is
made.
Each
such
submission
shall
include
the
following
certification
statement
by
the
CAIR
designated
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
source
or
units
for
which
the
submission
is
made.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
DRAFT
­
12/
2/
04
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
2)
The
permitting
authority
and
the
Administrator
will
accept
or
act
on
a
submission
made
on
behalf
of
owner
or
operators
of
a
CAIR
SO2
source
or
a
CAIR
SO2
unit
only
if
the
submission
has
been
made,
signed,
and
certified
in
accordance
with
paragraph
(
e)(
1)
of
this
section.

§
96.211
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
96.213
may
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.213,
any
representation,

action,
inaction,
or
submission
by
the
alternate
CAIR
designated
representative
shall
be
deemed
to
be
a
representation,
action,

inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
96.202,
96.210(
a)
and
(
d),
DRAFT
­
12/
2/
04
96.212,
96.213,
96.251,
and
96.282,
whenever
the
term
"
CAIR
designated
representative"
is
used
in
subparts
AAA
through
III
of
this
part,
the
term
shall
be
construed
to
include
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative.

§
96.212
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.213.
Notwithstanding
any
such
change,

all
representations,
actions,
inactions,
and
submissions
by
the
previous
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
SO2
source
and
the
CAIR
SO2
units
at
the
source.

(
b)
Changing
alternate
CAIR
designated
representative.
The
alternate
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.213.
Notwithstanding
any
such
change,
all
representations,
actions,
inactions,
and
submissions
by
the
previous
alternate
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
DRAFT
­
12/
2/
04
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
alternate
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
SO2
source
and
the
CAIR
SO2
units
at
the
source.

(
c)
Changes
in
owners
and
operators.

(
1)
In
the
event
a
new
owner
or
operator
of
a
CAIR
SO2
source
or
a
CAIR
SO2
unit
is
not
included
in
the
list
of
owners
and
operators
in
the
certificate
of
representation
under
§
96.213,

such
new
owner
or
operator
shall
be
deemed
to
be
subject
to
and
bound
by
the
certificate
of
representation,
the
representations,

actions,
inactions,
and
submissions
of
the
CAIR
designated
representative
and
any
alternate
CAIR
designated
representative
of
the
source
or
unit,
and
the
decisions
and
orders
of
the
permitting
authority,
the
Administrator,
or
a
court,
as
if
the
new
owner
or
operator
were
included
in
such
list.

(
2)
Within
30
days
following
any
change
in
the
owners
and
operators
of
a
CAIR
SO2
source
or
a
CAIR
SO2
unit,
including
the
addition
of
a
new
owner
or
operator,
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative
shall
submit
a
revision
to
the
certificate
of
representation
under
§
96.213
amending
the
list
of
owners
and
operators
to
include
the
change.

§
96.213
Certificate
of
representation.

(
a)
A
complete
certificate
of
representation
for
a
CAIR
DRAFT
­
12/
2/
04
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
SO2
source,
and
each
CAIR
SO2
unit
at
the
source,
for
which
the
certificate
of
representation
is
submitted.

(
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
SO2
source
and
of
each
CAIR
SO2
unit
at
the
source.

(
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
SO2
unit
at
the
source."

(
ii)
"
I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
SO2
Trading
Program
on
behalf
of
the
owners
and
operators
of
the
source
and
of
each
CAIR
SO2
unit
at
the
source
and
that
each
such
owner
and
operator
shall
be
fully
bound
by
my
representations,
DRAFT
­
12/
2/
04
actions,
inactions,
or
submissions."

(
iii)
"
I
certify
that
the
owners
and
operators
of
the
source
and
of
each
CAIR
SO2
unit
at
the
source
shall
be
bound
by
any
order
issued
to
me
by
the
Administrator,
the
permitting
authority,
or
a
court
regarding
the
source
or
unit."

(
iv)
"
Where
there
are
multiple
holders
of
a
legal
or
equitable
title
to,
or
a
leasehold
interest
in,
a
CAIR
SO2
unit,

or
where
a
customer
purchases
power
from
a
CAIR
SO2
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement,
I
certify
that:
I
have
given
a
written
notice
of
my
selection
as
the
`
CAIR
designated
representative'
or
`
alternate
CAIR
designated
representative',
as
applicable,
and
of
the
agreement
by
which
I
was
selected
to
each
owner
and
operator
of
the
source
and
of
each
CAIR
SO2
unit
at
the
source;
and
CAIR
SO2
allowances
and
proceeds
of
transactions
involving
CAIR
SO2
allowances
will
be
deemed
to
be
held
or
distributed
in
proportion
to
each
holder's
legal,

equitable,
leasehold,
or
contractual
reservation
or
entitlement,

except
that,
if
such
multiple
holders
have
expressly
provided
for
a
different
distribution
of
CAIR
SO2
allowances
by
contract,
CAIR
SO2
allowances
and
proceeds
of
transactions
involving
CAIR
SO2
allowances
will
be
deemed
to
be
held
or
distributed
in
accordance
with
the
contract."

(
5)
The
signature
of
the
CAIR
designated
representative
and
any
alternate
CAIR
designated
representative
and
the
dates
DRAFT
­
12/
2/
04
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.

§
96.214
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
96.213
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
96.213
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
96.212(
a)
or
(
b),
no
objection
or
other
communication
submitted
to
the
permitting
authority
or
the
Administrator
concerning
the
authorization,
or
any
representation,
action,
inaction,
or
submission,
of
the
CAIR
designated
representative
shall
affect
any
representation,

action,
inaction,
or
submission
of
the
CAIR
designated
representative
or
the
finality
of
any
decision
or
order
by
the
permitting
authority
or
the
Administrator
under
the
CAIR
SO2
Trading
Program.
DRAFT
­
12/
2/
04
(
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
SO2
allowance
transfers.

Subpart
CCC
 
Permits
§
96.220
General
CAIR
Trading
Program
permit
requirements.

(
a)
For
each
CAIR
SO2
source
required
to
have
a
title
V
operating
permit
or
required,
under
subpart
III
of
this
part,
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit,
such
permit
shall
include
a
CAIR
permit
administered
by
the
permitting
authority
for
the
title
V
operating
permit
or
the
federally
enforceable
permit
as
applicable.
The
CAIR
portion
of
the
title
V
permit
or
other
federally
enforceable
permit
as
applicable
shall
be
administered
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
promulgated
under
part
70
or
71
of
this
chapter
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable,
except
as
provided
otherwise
by
this
subpart
and
subpart
III
of
this
part.

(
b)
Each
CAIR
permit
shall
contain,
with
regard
to
the
CAIR
SO2
source
and
the
CAIR
SO2
units
at
the
source,
all
applicable
CAIR
SO2
Trading
Program,
CAIR
NOX
Annual
Trading
Program,
and
DRAFT
­
12/
2/
04
CAIR
NOX
Ozone
Season
Trading
Program
requirements
and
shall
be
a
complete
and
separable
portion
of
the
title
V
operating
permit
or
other
federally
enforceable
permit
under
paragraph
(
a)
of
this
section.

§
96.221
Submission
of
CAIR
permit
applications.

(
a)
Duty
to
apply.
The
CAIR
designated
representative
of
any
CAIR
SO2
source
required
to
have
a
title
V
operating
permit
shall
submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.222
for
the
source
covering
each
CAIR
SO2
unit
at
the
source
at
least
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2010
or
the
date
on
which
the
CAIR
SO2
unit
commences
operation.

(
b)
Duty
to
Reapply.
For
a
CAIR
SO2
source
required
to
have
a
title
V
operating
permit,
the
CAIR
designated
representative
shall
submit
a
complete
CAIR
permit
application
under
§
96.222
for
the
source
covering
each
CAIR
SO2
unit
at
the
source
to
renew
the
CAIR
permit
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
addressing
permit
renewal.

§
96.222
Information
requirements
for
CAIR
permit
applications.

A
complete
CAIR
permit
application
shall
include
the
following
elements
concerning
the
CAIR
SO2
source
for
which
the
application
is
submitted,
in
a
format
prescribed
by
the
permitting
authority:
DRAFT
­
12/
2/
04
(
a)
Identification
of
the
CAIR
SO2
source;

(
b)
Identification
of
each
CAIR
SO2
unit
at
the
CAIR
SO2
source;
and
(
c)
The
standard
requirements
under
§
96.206.

§
96.223
CAIR
permit
contents
and
term.

(
a)
Each
CAIR
permit
will
contain,
in
a
format
prescribed
by
the
permitting
authority,
all
elements
required
for
a
complete
CAIR
permit
application
under
§
96.222.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.202
and,
upon
recordation
by
the
Administrator
under
subpart
FFF,
GGG,
or
III
of
this
part,

every
allocation,
transfer,
or
deduction
of
a
CAIR
SO2
allowance
to
or
from
the
compliance
account
of
the
CAIR
SO2
source
covered
by
the
permit.

(
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
SO2
source's
title
V
operating
permit
or
other
federally
enforceable
permit
as
applicable.

§
96.224
CAIR
permit
revisions.

Except
as
provided
in
§
96.223(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
or
the
permitting
authority's
regulations
for
other
federally
DRAFT
­
12/
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04
enforceable
permits
as
applicable
addressing
permit
revisions.

Subpart
DDD
 
[
Reserved]

Subpart
EEE
 
[
Reserved]

Subpart
FFF
 
CAIR
SO2
Allowance
Tracking
System
§
96.250
[
Reserved]

§
96.251
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
96.284(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
96.213,
the
Administrator
will
establish
a
compliance
account
for
the
CAIR
SO2
source
for
which
the
certificate
of
representation
was
submitted,
unless
the
source
already
has
a
compliance
account.

(
b)
General
accounts.

(
1)
Application
for
general
account.

(
i)
Any
person
may
apply
to
open
a
general
account
for
the
purpose
of
holding
and
transferring
CAIR
SO2
allowances.
An
application
for
a
general
account
may
designate
one
and
only
one
CAIR
authorized
account
representative
and
one
and
only
one
alternate
CAIR
authorized
account
representative
who
may
act
on
behalf
of
the
CAIR
authorized
account
representative.
The
agreement
by
which
the
alternate
CAIR
authorized
account
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
authorized
account
representative
to
act
in
lieu
of
the
CAIR
authorized
account
representative.
DRAFT
­
12/
2/
04
(
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
allowances
held
in
the
general
account;

(
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
allowances
held
in
the
general
account.

I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
SO2
Trading
Program
on
behalf
of
such
persons
and
that
each
such
person
shall
be
fully
DRAFT
­
12/
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04
bound
by
my
representations,
actions,
inactions,
or
submissions
and
by
any
order
or
decision
issued
to
me
by
the
Administrator
or
a
court
regarding
the
general
account."

(
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.

(
i)
Upon
receipt
by
the
Administrator
of
a
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section:

(
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
SO2
allowances
held
DRAFT
­
12/
2/
04
in
the
general
account
in
all
matters
pertaining
to
the
CAIR
SO2
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
and
such
person.
Any
such
person
shall
be
bound
by
any
order
or
decision
issued
to
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
by
the
Administrator
or
a
court
regarding
the
general
account.

(
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
SO2
allowances
held
in
the
general
account.
Each
such
submission
shall
include
the
following
certification
statement
by
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
persons
having
an
ownership
interest
with
respect
to
the
CAIR
SO2
allowances
held
in
the
general
account.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
DRAFT
­
12/
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04
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
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.

(
i)
The
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
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
CAIR
authorized
account
representative
and
DRAFT
­
12/
2/
04
the
persons
with
an
ownership
interest
with
respect
to
the
CAIR
SO2
allowances
in
the
general
account.

(
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
SO2
allowances
in
the
general
account.

(
iii)(
A)
In
the
event
a
new
person
having
an
ownership
interest
with
respect
to
CAIR
SO2
allowances
in
the
general
account
is
not
included
in
the
list
of
such
persons
in
the
application
for
a
general
account,
such
new
person
shall
be
deemed
to
be
subject
to
and
bound
by
the
application
for
a
general
account,
the
representation,
actions,
inactions,
and
submissions
of
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative
of
the
account,

and
the
decisions
and
orders
of
the
Administrator
or
a
court,
as
if
the
new
person
were
included
in
such
list.
DRAFT
­
12/
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04
(
B)
Within
30
days
following
any
change
in
the
persons
having
an
ownership
interest
with
respect
to
CAIR
SO2
allowances
in
the
general
account,
including
the
addition
of
persons,
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
shall
submit
a
revision
to
the
application
for
a
general
account
amending
the
list
of
persons
having
an
ownership
interest
with
respect
to
the
CAIR
SO2
allowances
in
the
general
account
to
include
the
change.

(
4)
Objections
concerning
CAIR
authorized
account
representative.

(
i)
Once
a
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
has
been
submitted
and
received,

the
Administrator
will
rely
on
the
application
unless
and
until
a
superseding
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
is
received
by
the
Administrator.

(
ii)
Except
as
provided
in
paragraph
(
b)(
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
alternative
CAIR
authorized
account
representative
for
a
general
account
shall
affect
any
representation,
action,
inaction,
or
submission
of
the
CAIR
authorized
account
representative
or
any
alternative
CAIR
DRAFT
­
12/
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04
authorized
account
representative
or
the
finality
of
any
decision
or
order
by
the
Administrator
under
the
CAIR
SO2
Trading
Program.

(
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
alternative
CAIR
authorized
account
representative
for
a
general
account,
including
private
legal
disputes
concerning
the
proceeds
of
CAIR
SO2
allowance
transfers.

(
c)
Account
identification.
The
Administrator
will
assign
a
unique
identifying
number
to
each
account
established
under
paragraph
(
a)
or
(
b)
of
this
section.

§
96.252
Responsibilities
of
CAIR
authorized
account
representative.

Following
the
establishment
of
a
CAIR
SO2
Allowance
Tracking
System
account,
all
submissions
to
the
Administrator
pertaining
to
the
account,
including,
but
not
limited
to,
submissions
concerning
the
deduction
or
transfer
of
CAIR
SO2
allowances
in
the
account,
shall
be
made
only
by
the
CAIR
authorized
account
representative
for
the
account.

§
96.253
Recordation
of
CAIR
SO2
allowances.

(
a)(
i)
After
a
compliance
account
is
established
under
§
96.251(
a)
or
§
73.31(
a)
or
(
b)
of
this
chapter,
the
Administrator
will
record
in
the
compliance
account
any
CAIR
SO2
allowance
allocated
to
any
CAIR
SO2
unit
at
the
source
for
each
of
the
30
DRAFT
­
12/
2/
04
years
starting
the
later
of
2010
or
the
year
in
which
the
compliance
account
is
established
and
any
CAIR
SO2
allowance
allocated
for
each
of
the
30
years
starting
the
later
of
2010
or
the
year
in
which
the
compliance
account
is
established
and
transferred
to
the
source
in
accordance
with
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter.

(
ii)
In
2011
and
each
year
thereafter,
after
Administrator
has
completed
all
deductions
under
§
96.254(
b),
the
Administrator
will
record
in
the
compliance
account
any
CAIR
SO2
allowance
allocated
to
any
CAIR
SO2
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
or
could
be
made)
and
any
CAIR
SO2
allowance
allocated
for
the
new
30th
year
and
transferred
to
the
source
in
accordance
with
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter.

(
b)(
i)
After
a
general
account
is
established
under
§
96.251(
b)
or
§
73.31(
c)
of
this
chapter,
the
Administrator
will
record
in
the
general
account
any
CAIR
SO2
allowance
allocated
for
each
of
the
30
years
starting
the
later
of
2010
or
the
year
in
which
the
general
account
is
established
and
transferred
to
the
general
account
in
accordance
with
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter.

(
ii)
In
2011
and
each
year
thereafter,
after
Administrator
has
completed
all
deductions
under
§
96.254(
b),
the
Administrator
DRAFT
­
12/
2/
04
will
record
in
the
general
account
any
CAIR
SO2
allowance
allocated
for
the
new
30th
year
(
i.
e.,
the
year
that
is
30
years
after
the
calendar
year
for
which
such
deductions
are
or
could
be
made)
and
transferred
to
the
general
account
in
accordance
with
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter.

(
c)
Serial
numbers
for
allocated
CAIR
SO2
allowances.
When
recording
the
allocation
of
CAIR
SO2
allowances
issued
by
a
permitting
authority
under
§
96.288,
the
Administrator
will
assign
each
such
CAIR
SO2
allowance
a
unique
identification
number
that
will
include
digits
identifying
the
year
of
the
control
period
for
which
the
CAIR
SO2
allowance
is
allocated.

§
96.254
Compliance
with
CAIR
SO2
emissions
limitation.

(
a)
Allowance
transfer
deadline.
The
CAIR
SO2
allowances
are
available
to
be
deducted
for
compliance
with
a
source's
CAIR
SO2
emissions
limitation
for
a
control
period
in
a
given
calendar
year
only
if
the
CAIR
SO2
allowances:

(
1)
Were
allocated
for
the
control
period
in
the
year
or
a
prior
year;

(
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
SO2
allowance
transfer
correctly
submitted
for
recordation
under
§
96.260
by
the
allowance
transfer
deadline
for
the
control
period;
and
(
3)
Are
not
necessary
for
deduction
for
excess
emissions
for
DRAFT
­
12/
2/
04
a
prior
control
period
under
paragraph
(
d)
of
this
section
or
for
deduction
under
part
77
of
this
chapter.

(
b)
Deductions
for
compliance.
Following
the
recordation,

in
accordance
with
§
96.261,
of
CAIR
SO2
allowance
transfers
submitted
for
recordation
in
a
source's
compliance
account
by
the
allowance
transfer
deadline
for
a
control
period,
the
Administrator
will
deduct
from
the
compliance
account
CAIR
SO2
allowances
available
under
paragraph
(
a)
of
this
section
in
order
to
determine
whether
the
source
meets
the
CAIR
SO2
emissions
limitation
for
the
control
period
as
follows:

(
1)
For
a
CAIR
SO2
source
subject
to
an
Acid
Rain
emissions
limitation,
the
Administrator
will,
in
the
following
order:

(
i)
Deduct
the
amount
of
CAIR
SO2
allowances,
available
under
paragraph
(
a)
of
this
section
and
not
issued
by
a
permitting
authority
under
§
96.288,
that
is
required
under
§
§
73.35(
b)
and
(
c)
of
this
part.
If
there
are
sufficient
CAIR
SO2
allowances
to
complete
this
deduction,
the
deduction
will
be
treated
as
satisfying
the
requirements
of
§
§
73.35(
b)
and
(
c)
of
this
chapter.

(
ii)
Deduct
the
amount
of
CAIR
SO2
allowances,
available
under
paragraph
(
a)
of
this
section
and
not
issued
by
a
permitting
authority
under
§
96.288,
that
is
required
under
§
§
73.35(
d)
and
77.5
of
this
part.
If
there
are
sufficient
CAIR
SO2
allowances
to
complete
this
deduction,
the
deduction
will
be
DRAFT
­
12/
2/
04
treated
as
satisfying
the
requirements
of
§
§
73.35(
d)
and
77.5
of
this
chapter.

(
iii)
Treating
the
CAIR
SO2
allowances
deducted
under
paragraph
(
b)(
1)(
i)
of
this
section
as
also
being
deducted
under
this
paragraph
(
b)(
1)(
iii),
deduct
CAIR
SO2
allowances
available
under
paragraph
(
a)
of
this
section
(
including
any
issued
by
a
permitting
authority
under
§
96.288)
in
order
to
determine
whether
the
source
meets
the
CAIR
SO2
emissions
limitation
for
the
control
period,
as
follows:

(
A)
Until
the
tonnage
equivalent
of
the
CAIR
SO2
allowances
deducted
equals,
or
exceeds
in
accordance
with
paragraphs
(
c)(
1)

and
(
2)
of
this
section,
the
number
of
tons
of
total
sulfur
dioxide
emissions,
determined
in
accordance
with
subpart
HHH
of
this
part,
from
all
CAIR
SO2
units
at
the
source
for
the
control
period;
or
(
B)
If
there
are
insufficient
CAIR
SO2
allowances
to
complete
the
deductions
in
paragraph
(
b)(
1)(
iii)(
A)
of
this
section,
until
no
more
CAIR
SO2
allowances
available
under
paragraph
(
a)
of
this
section
(
including
any
issued
by
a
permitting
authority
under
§
96.288)
remain
in
the
compliance
account.

(
2)
For
a
CAIR
SO2
source
not
subject
to
an
Acid
Rain
emissions
limitation,
the
Administrator
will
deduct
CAIR
SO2
allowances
available
under
paragraph
(
a)
of
this
section
(
including
those
issued
by
a
permitting
authority
under
§
96.288)
DRAFT
­
12/
2/
04
in
order
to
determine
whether
the
source
meets
the
CAIR
SO2
emissions
limitation
for
the
control
period,
as
follows:

(
i)
Until
the
tonnage
equivalent
of
the
CAIR
SO2
allowances
deducted
equals,
or
exceeds
in
accordance
with
paragraphs
(
c)(
1)

and
(
2)
of
this
section,
the
number
of
tons
of
total
sulfur
dioxide
emissions,
determined
in
accordance
with
subpart
HHH
of
this
part,
from
all
CAIR
SO2
units
at
the
source
for
the
control
period;
or
(
ii)
If
there
are
insufficient
CAIR
SO2
allowances
to
complete
the
deductions
in
paragraph
(
b)(
2)(
i)
of
this
section,

until
no
more
CAIR
SO2
allowances
available
under
paragraph
(
a)
of
this
section
(
including
those
issued
by
a
permitting
authority
under
§
96.288)
remain
in
the
compliance
account.

(
c)(
1)
Identification
of
CAIR
SO2
allowances
by
serial
number.
The
CAIR
authorized
account
representative
for
a
source's
compliance
account
may
request
that
specific
CAIR
SO2
allowances,

identified
by
serial
number,
in
the
compliance
account
be
deducted
for
emissions
or
excess
emissions
for
a
control
period
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
control
period
and
include,
in
a
format
prescribed
by
the
Administrator,
the
identification
of
the
CAIR
SO2
source
and
the
appropriate
serial
numbers.

(
2)
First­
in,
first­
out.
The
Administrator
will
deduct
CAIR
DRAFT
­
12/
2/
04
SO2
allowances
under
paragraph
(
b)
or
(
d)
of
this
section
from
the
source's
compliance
account,
in
the
absence
of
an
identification
or
in
the
case
of
a
partial
identification
of
CAIR
SO2
allowances
by
serial
number
under
paragraph
(
c)(
1)
of
this
section,
on
a
first­
in,
first­
out
(
FIFO)
accounting
basis
in
the
following
order:

(
i)
Any
CAIR
SO2
allowances
that
were
allocated
to
the
units
at
the
source
for
a
control
period
before
2010,
in
the
order
of
recordation;

(
ii)
Any
CAIR
SO2
allowances
that
were
allocated
to
any
unit
for
a
control
period
before
2010
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter,
in
the
order
of
recordation;

(
iii)
Any
CAIR
SO2
allowances
that
were
allocated
to
the
units
at
the
source
for
a
control
period
during
2010
through
2014,
in
the
order
of
recordation;

(
iv)
Any
CAIR
SO2
allowances
that
were
allocated
to
any
unit
for
a
control
period
during
2010
through
2014
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter,
in
the
order
of
recordation;

(
v)
Any
CAIR
SO2
allowances
that
were
allocated
to
the
units
at
the
source
for
a
control
period
in
2015
or
later,
in
the
order
DRAFT
­
12/
2/
04
of
recordation;
and
(
vi)
Any
CAIR
SO2
allowances
that
were
allocated
to
any
unit
for
a
control
period
in
2015
or
later
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GGG
of
this
part
or
subpart
D
of
part
73
of
this
chapter,
in
the
order
of
recordation.

(
d)
Deductions
for
excess
emissions.

(
1)
After
making
the
deductions
for
compliance
under
paragraph
(
b)
of
this
section
for
a
control
period
in
a
calendar
year
in
which
the
CAIR
SO2
source
has
excess
emissions,
the
Administrator
will
deduct
from
the
source's
compliance
account
the
tonnage
equivalent
in
CAIR
SO2
allowances,
allocated
for
the
control
period
in
the
immediately
following
calendar
year
(
including
any
issued
by
a
permitting
authority
under
§
96.288),

equal
to,
or
exceeding
in
accordance
with
paragraphs
(
c)(
1)
and
(
2)
of
this
section,
3
times
the
number
of
tons
of
the
source's
excess
emissions.

(
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
SO2
source
or
the
CAIR
SO2
units
at
the
source
for
any
fine,
penalty,
or
assessment,
or
their
obligation
to
comply
with
any
other
remedy,
for
the
same
violations,
as
ordered
under
the
Clean
Air
Act
or
applicable
State
law.

(
e)
Recordation
of
deductions.
The
Administrator
will
DRAFT
­
12/
2/
04
record
in
the
appropriate
compliance
account
all
deductions
from
such
an
account
under
paragraph
(
b)
or
(
d)
of
this
section.

(
f)
Administrator's
action
on
submissions.

(
1)
The
Administrator
may
review
and
conduct
independent
audits
concerning
any
submission
under
the
CAIR
SO2
Trading
Program
and
make
appropriate
adjustments
of
the
information
in
the
submissions.

(
2)
The
Administrator
may
deduct
CAIR
SO2
allowances
from
or
transfer
CAIR
SO2
allowances
to
a
source's
compliance
account
based
on
the
information
in
the
submissions,
as
adjusted
under
paragraph
(
f)(
1)
of
this
section.

§
96.255
Banking.

(
a)
CAIR
SO2
allowances
may
be
banked
for
future
use
or
transfer
in
a
compliance
account
or
a
general
account
in
accordance
with
paragraph
(
b)
of
this
section.

(
b)
Any
CAIR
SO2
allowance
that
is
held
in
a
compliance
account
or
a
general
account
will
remain
in
such
account
unless
and
until
the
CAIR
SO2
allowance
is
deducted
or
transferred
under
§
96.254,
§
96.256,
or
subpart
GGG
of
this
part.

§
96.256
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
SO2
Allowance
Tracking
System
account.
Within
10
business
days
of
making
such
correction,
the
Administrator
will
notify
the
CAIR
authorized
DRAFT
­
12/
2/
04
account
representative
for
the
account.

§
96.257
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
96.260
for
any
CAIR
SO2
allowances
in
the
account
to
one
or
more
other
CAIR
SO2
Allowance
Tracking
System
accounts.

(
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
SO2
allowances,
the
Administrator
may
notify
the
CAIR
authorized
account
representative
for
the
account
that
the
account
will
be
closed
following
20
business
days
after
the
notice
is
sent.
The
account
will
be
closed
after
the
20­
day
period
unless,
before
the
end
of
the
20­
day
period,
the
Administrator
receives
a
correctly
submitted
transfer
of
CAIR
SO2
allowances
into
the
account
under
§
96.260
or
a
statement
submitted
by
the
CAIR
authorized
account
representative
demonstrating
to
the
satisfaction
of
the
Administrator
good
cause
as
to
why
the
account
should
not
be
closed.

Subpart
GGG
 
CAIR
SO2
Allowance
Transfers
§
96.260
Submission
of
CAIR
SO2
allowance
transfers.

(
a)
A
CAIR
authorized
account
representative
seeking
recordation
of
a
CAIR
SO2
allowance
transfer
shall
submit
the
transfer
to
the
Administrator.
To
be
considered
correctly
DRAFT
­
12/
2/
04
submitted,
the
CAIR
SO2
allowance
transfer
shall
include
the
following
elements,
in
a
format
specified
by
the
Administrator:

(
1)
The
account
numbers
of
both
the
transferor
and
transferee
accounts;

(
2)
The
serial
number
of
each
CAIR
SO2
allowance
that
is
in
the
transferor
account
and
is
to
be
transferred;
and
(
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
DRAFT
­
12/
2/
04
transfer
of
allowances
into
each
account
listed
herein,
except
that
I
do
not
waive
any
remedies
under
State
or
Federal
law
to
obtain
correction
of
any
erroneous
transfers
into
such
accounts.

This
authorization
shall
be
binding
on
any
CAIR
authorized
account
representative
for
such
account
unless
and
until
a
statement
signed
by
the
CAIR
authorized
account
representative
retracting
this
authorization
for
the
account
is
received
by
the
Administrator."

§
96.261
EPA
recordation.

(
a)
Within
5
business
days
(
except
as
necessary
to
perform
a
transfer
in
perpetuity
of
CAIR
SO2
allowances
allocated
to
a
CAIR
SO2
unit
or
as
provided
in
paragraph
(
b)
of
this
section)
of
receiving
a
CAIR
SO2
allowance
transfer,
the
Administrator
will
record
a
CAIR
SO2
allowance
transfer
by
moving
each
CAIR
SO2
allowance
from
the
transferor
account
to
the
transferee
account
as
specified
by
the
request,
provided
that:

(
1)
The
transfer
is
correctly
submitted
under
§
96.260;
and
(
2)
The
transferor
account
includes
each
CAIR
SO2
allowance
identified
by
serial
number
in
the
transfer.

(
b)
A
CAIR
SO2
allowance
transfer
that
is
submitted
for
recordation
after
the
allowance
transfer
deadline
for
a
control
period
and
that
includes
any
CAIR
SO2
allowances
allocated
for
any
control
period
before
such
allowance
transfer
deadline
will
not
be
recorded
until
after
the
Administrator
completes
the
DRAFT
­
12/
2/
04
deductions
under
§
96.254
for
the
control
period
immediately
before
such
allowance
transfer
deadline.

(
c)
Where
a
CAIR
SO2
allowance
transfer
submitted
for
recordation
fails
to
meet
the
requirements
of
paragraph
(
a)
of
this
section,
the
Administrator
will
not
record
such
transfer.

§
96.262
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
SO2
allowance
transfer
under
§
96.261,
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
the
transferor
and
transferee
accounts.

(
b)
Notification
of
non­
recordation.
Within
10
business
days
of
receipt
of
a
CAIR
SO2
allowance
transfer
that
fails
to
meet
the
requirements
of
§
96.261(
a),
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
accounts
subject
to
the
transfer
of:

(
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
SO2
allowance
transfer
for
recordation
following
notification
of
non­
recordation.

Subpart
HHH
 
Monitoring
and
Reporting
§
96.270
General
Requirements.

The
owners
and
operators,
and
to
the
extent
applicable,
the
CAIR
designated
representative,
of
a
CAIR
SO2
unit,
shall
comply
DRAFT
­
12/
2/
04
with
the
monitoring,
recordkeeping,
and
reporting
requirements
as
provided
in
this
subpart
and
in
subparts
F
and
G
of
part
75
of
this
chapter.
For
purposes
of
complying
with
such
requirements,

the
definitions
in
§
96.202
and
in
§
72.2
of
this
chapter
shall
apply,
and
the
terms
"
affected
unit,"
"
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
in
part
75
of
this
chapter
shall
be
deemed
to
refer
to
the
terms
"
CAIR
SO2
unit,"
"
CAIR
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
respectively,

as
defined
in
§
96.202.
The
owner
or
operator
of
a
unit
that
is
not
a
CAIR
SO2
unit
but
that
is
monitored
under
§
75.16(
b)(
2)
of
this
chapter
shall
comply
with
the
same
monitoring,

recordkeeping,
and
reporting
requirements
as
a
CAIR
SO2
unit.

(
a)
Requirements
for
installation,
certification,
and
data
accounting.
The
owner
or
operator
of
each
CAIR
SO2
unit
shall:

(
1)
Install
all
monitoring
systems
required
under
this
subpart
for
monitoring
SO2
mass
emissions
and
individual
unit
heat
input
(
including
all
systems
required
to
monitor
SO2
concentration,
stack
gas
moisture
content,
stack
gas
flow
rate,

CO2
or
O2
concentration,
and
fuel
flow
rate,
as
applicable,
in
accordance
with
§
§
75.11
and
75.16
of
this
chapter);

(
2)
Successfully
complete
all
certification
tests
required
under
§
96.271
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
DRAFT
­
12/
2/
04
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.
The
owner
or
operator
shall
meet
the
monitoring
system
certification
and
other
requirements
of
paragraphs
(
a)(
1)
and
(
2)
of
this
section
on
or
before
the
following
dates.
The
owner
or
operator
shall
record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section
on
and
after
the
following
dates.

(
1)
For
the
owner
or
operator
of
a
CAIR
SO2
unit
that
commences
commercial
operation
before
July
1,
2008,
by
January
1,

2009.

(
2)
For
the
owner
or
operator
of
a
CAIR
SO2
unit
that
commences
commercial
operation
on
or
after
July
1,
2008,
by
the
later
of
the
following
dates:

(
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
SO2
unit
for
which
construction
of
a
new
stack
or
flue
or
installation
of
add­
on
SO2
emission
controls
is
completed
after
the
applicable
deadline
under
paragraph
(
b)(
1),
(
2),
(
4),
or
(
5)
of
this
section,
by
90
DRAFT
­
12/
2/
04
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
SO2
emissions
controls.

(
4)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1)
and
(
2)

of
this
section,
for
the
owner
or
operator
of
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
III
of
this
part,
by
the
date
specified
in
§
96.284(
b).

(
5)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1)
and
(
2)

of
this
section
and
solely
for
purposes
of
§
96.206(
c)(
2),
for
the
owner
or
operator
of
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part,
by
the
date
on
which
the
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
as
provided
in
§
96.284(
h).

(
c)
Reporting
data.

(
1)
Except
as
provided
in
paragraph
(
c)(
2)
of
this
section,

the
owner
or
operator
of
a
CAIR
SO2
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)
of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)
of
this
section
shall,
for
each
such
monitoring
system,
determine,

record,
and
report
maximum
potential
(
or,
as
appropriate,
minimum
potential)
values
for
SO2
concentration,
SO2
emission
rate,
stack
gas
flow
rate,
stack
gas
moisture
content,
fuel
flow
rate,
and
any
other
parameters
required
to
determine
SO2
mass
emissions
and
heat
input
in
accordance
with
§
75.31(
b)(
2)
or
(
c)(
3)
of
this
DRAFT
­
12/
2/
04
chapter
or
section
2.4
of
appendix
D
to
part
75
of
this
chapter,

as
applicable.

(
2)
The
owner
or
operator
of
a
CAIR
SO2
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)(
3)

of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)

of
this
section
shall,
for
each
such
monitoring
system,

determine,
record,
and
report
substitute
data
using
the
applicable
missing
data
procedures
in
subpart
D
of
or
appendix
D
to
part
75
of
this
chapter,
in
lieu
of
the
maximum
potential
(
or,

as
appropriate,
minimum
potential)
values,
for
a
parameter
if
the
owner
or
operator
demonstrates
that
there
is
continuity
between
the
data
streams
for
that
parameter
before
and
after
the
construction
or
installation
under
paragraph
(
b)(
3)
of
this
section.

(
d)
Prohibitions
(
1)
No
owner
or
operator
of
a
CAIR
SO2
unit
shall
use
any
alternative
monitoring
system,
alternative
reference
method,
or
any
other
alternative
to
any
requirement
of
this
subpart
without
having
obtained
prior
written
approval
in
accordance
with
§
96.275.

(
2)
No
owner
or
operator
of
a
CAIR
SO2
unit
shall
operate
the
unit
so
as
to
discharge,
or
allow
to
be
discharged,
SO2
emissions
to
the
atmosphere
without
accounting
for
all
such
emissions
in
accordance
with
the
applicable
provisions
of
this
subpart
and
DRAFT
­
12/
2/
04
part
75
of
this
chapter.

(
3)
No
owner
or
operator
of
a
CAIR
SO2
unit
shall
disrupt
the
continuous
emission
monitoring
system,
any
portion
thereof,
or
any
other
approved
emission
monitoring
method,
and
thereby
avoid
monitoring
and
recording
SO2
mass
emissions
discharged
into
the
atmosphere,
except
for
periods
of
recertification
or
periods
when
calibration,
quality
assurance
testing,
or
maintenance
is
performed
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter.

(
4)
No
owner
or
operator
of
a
CAIR
SO2
unit
shall
retire
or
permanently
discontinue
use
of
the
continuous
emission
monitoring
system,
any
component
thereof,
or
any
other
approved
monitoring
system
under
this
subpart,
except
under
any
one
of
the
following
circumstances:

(
i)
During
the
period
that
the
unit
is
covered
by
an
exemption
under
§
96.205
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
permitting
authority
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
DRAFT
­
12/
2/
04
replacement
monitoring
system
for
the
retired
or
discontinued
monitoring
system
in
accordance
with
§
96.271(
d)(
3)(
i).

§
96.271
Initial
certification
and
recertification
procedures.

(
a)
The
owner
or
operator
of
a
CAIR
SO2
unit
shall
be
exempt
from
the
initial
certification
requirements
of
this
section
for
a
monitoring
system
under
§
96.270(
a)(
1)
if
the
following
conditions
are
met:

(
1)
The
monitoring
system
has
been
previously
certified
in
accordance
with
part
75
of
this
chapter;
and
(
2)
The
applicable
quality­
assurance
and
quality­
control
requirements
of
§
75.21
of
this
chapter
and
appendix
B
and
appendix
D
to
part
75
of
this
chapter
are
fully
met
for
the
certified
monitoring
system
described
in
paragraph
(
a)(
1)
of
this
section.

(
b)
The
recertification
provisions
of
this
section
shall
apply
to
a
monitoring
system
under
§
96.270(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
If
the
Administrator
has
previously
approved
a
petition
under
§
§
75.16(
b)(
2)(
ii)
of
this
chapter
for
apportioning
the
SO2
mass
emissions
measured
in
a
common
stack
or
a
petition
under
§
75.66
of
this
chapter
for
an
alternative
to
a
requirement
in
§
75.11
or
§
75.16
of
this
chapter,
the
CAIR
designated
representative
shall
resubmit
the
petition
to
the
Administrator
DRAFT
­
12/
2/
04
under
§
96.275(
a)
to
determine
whether
the
approval
applies
under
the
CAIR
SO2
Trading
Program.

(
d)
Except
as
provided
in
paragraph
(
a)
of
this
section,
the
owner
or
operator
of
a
CAIR
SO2
unit
shall
comply
with
the
following
initial
certification
and
recertification
procedures,

for
a
continuous
monitoring
system
(
i.
e.,
a
continuous
emission
monitoring
system
and
an
excepted
monitoring
system
under
appendix
D
to
part
75
of
this
chapter)
under
§
96.270(
a)(
1).
The
owner
or
operator
of
a
unit
that
qualifies
to
use
the
low
mass
emissions
excepted
monitoring
methodology
under
§
75.19
of
this
chapter
or
that
qualifies
to
use
an
alternative
monitoring
system
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
procedures
in
paragraph
(
e)
or
(
f)
of
this
section
respectively.

(
1)
Requirements
for
initial
certification.
The
owner
or
operator
shall
ensure
that
each
continuous
monitoring
system
under
§
96.270(
a)(
1)
(
including
the
automated
data
acquisition
and
handling
system)
successfully
completes
all
of
the
initial
certification
testing
required
under
§
75.20
of
this
chapter
by
the
applicable
deadline
in
§
96.270(
b).
In
addition,
whenever
the
owner
or
operator
installs
a
monitoring
system
to
meet
the
requirements
of
this
subpart
in
a
location
where
no
such
monitoring
system
was
previously
installed,
initial
certification
in
accordance
with
§
75.20
of
this
chapter
is
required.

(
2)
Requirements
for
recertification.
Whenever
the
owner
or
DRAFT
­
12/
2/
04
operator
makes
a
replacement,
modification,
or
change
in
any
certified
continuous
emission
monitoring
system
under
§
96.270(
a)(
1)
that
may
significantly
affect
the
ability
of
the
system
to
accurately
measure
or
record
SO2
mass
emissions
or
heat
input
rate
or
to
meet
the
quality­
assurance
and
quality­
control
requirements
of
§
75.21
of
this
chapter
or
appendix
B
to
part
75
of
this
chapter,
the
owner
or
operator
shall
recertify
the
monitoring
system
in
accordance
with
§
75.20(
b)
of
this
chapter.

Furthermore,
whenever
the
owner
or
operator
makes
a
replacement,

modification,
or
change
to
the
flue
gas
handling
system
or
the
unit's
operation
that
may
significantly
change
the
stack
flow
or
concentration
profile,
the
owner
or
operator
shall
recertify
each
continuous
emission
monitoring
system
whose
accuracy
is
potentially
affected
by
the
change,
in
accordance
with
§
75.20(
b)

of
this
chapter.
Examples
of
changes
to
a
continuous
emission
monitoring
system
that
require
recertification
include:

replacement
of
the
analyzer,
complete
replacement
of
an
existing
continuous
emission
monitoring
system,
or
change
in
location
or
orientation
of
the
sampling
probe
or
site.
Any
fuel
flowmeter
system
under
§
96.270(
a)(
1)
is
subject
to
the
recertification
requirements
in
§
75.20(
g)(
6)
of
this
chapter.

(
3)
Approval
process
for
initial
certification
and
recertification.
Paragraphs
(
d)(
3)(
i)
through
(
iv)
of
this
section
apply
to
both
initial
certification
and
recertification
DRAFT
­
12/
2/
04
of
a
continuous
monitoring
system
under
§
96.270(
a)(
1).
For
recertifications,
replace
the
words
"
certification"
and
"
initial
certification"
with
the
word
"
recertification",
replace
the
word
"
certified"
with
the
word
"
recertified,"
and
follow
the
procedures
in
§
§
75.20(
b)(
5)
and
(
g)(
7)
of
this
chapter
in
lieu
of
the
procedures
in
paragraph
(
d)(
3)(
v)
of
this
section.

(
i)
Notification
of
certification.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority,
the
appropriate
EPA
Regional
Office,
and
the
Administrator
written
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
96.273.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority
a
certification
application
for
each
monitoring
system.
A
complete
certification
application
shall
include
the
information
specified
in
§
75.63
of
this
chapter.

(
iii)
Provisional
certification
date.
The
provisional
certification
date
for
a
monitoring
system
shall
be
determined
in
accordance
with
§
75.20(
a)(
3)
of
this
chapter.
A
provisionally
certified
monitoring
system
may
be
used
under
the
CAIR
SO2
Trading
Program
for
a
period
not
to
exceed
120
days
after
receipt
by
the
permitting
authority
of
the
complete
certification
application
for
the
monitoring
system
under
paragraph
(
d)(
3)(
ii)
of
this
section.
Data
measured
and
recorded
by
the
provisionally
DRAFT
­
12/
2/
04
certified
monitoring
system,
in
accordance
with
the
requirements
of
part
75
of
this
chapter,
will
be
considered
valid
qualityassured
data
(
retroactive
to
the
date
and
time
of
provisional
certification),
provided
that
the
permitting
authority
does
not
invalidate
the
provisional
certification
by
issuing
a
notice
of
disapproval
within
120
days
of
the
date
of
receipt
of
the
complete
certification
application
by
the
permitting
authority.

(
iv)
Certification
application
approval
process.
The
permitting
authority
will
issue
a
written
notice
of
approval
or
disapproval
of
the
certification
application
to
the
owner
or
operator
within
120
days
of
receipt
of
the
complete
certification
application
under
paragraph
(
d)(
3)(
ii)
of
this
section.
In
the
event
the
permitting
authority
does
not
issue
such
a
notice
within
such
120­
day
period,
each
monitoring
system
that
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter
and
is
included
in
the
certification
application
will
be
deemed
certified
for
use
under
the
CAIR
SO2
Trading
Program.

(
A)
Approval
notice.
If
the
certification
application
is
complete
and
shows
that
each
monitoring
system
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter,

then
the
permitting
authority
will
issue
a
written
notice
of
approval
of
the
certification
application
within
120
days
of
receipt.

(
B)
Incomplete
application
notice.
If
the
certification
DRAFT
­
12/
2/
04
application
is
not
complete,
then
the
permitting
authority
will
issue
a
written
notice
of
incompleteness
that
sets
a
reasonable
date
by
which
the
CAIR
designated
representative
must
submit
the
additional
information
required
to
complete
the
certification
application.
If
the
CAIR
designated
representative
does
not
comply
with
the
notice
of
incompleteness
by
the
specified
date,

then
the
permitting
authority
may
issue
a
notice
of
disapproval
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section.
The
120­
day
review
period
shall
not
begin
before
receipt
of
a
complete
certification
application.

(
C)
Disapproval
notice.
If
the
certification
application
shows
that
any
monitoring
system
does
not
meet
the
performance
requirements
of
part
75
of
this
chapter
or
if
the
certification
application
is
incomplete
and
the
requirement
for
disapproval
under
paragraph
(
d)(
3)(
iv)(
B)
of
this
section
is
met,
then
the
permitting
authority
will
issue
a
written
notice
of
disapproval
of
the
certification
application.
Upon
issuance
of
such
notice
of
disapproval,
the
provisional
certification
is
invalidated
by
the
permitting
authority
and
the
data
measured
and
recorded
by
each
uncertified
monitoring
system
shall
not
be
considered
valid
quality­
assured
data
beginning
with
the
date
and
hour
of
provisional
certification
(
as
defined
under
§
75.20(
a)(
3)
of
this
chapter).
The
owner
or
operator
shall
follow
the
procedures
for
loss
of
certification
in
paragraph
(
d)(
3)(
v)
of
this
section
for
DRAFT
­
12/
2/
04
each
monitoring
system
that
is
disapproved
for
initial
certification.

(
D)
Audit
decertification.
The
permitting
authority
or,
for
a
CAIR
SO2
opt­
in
unit
or
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
accordance
with
§
96.272(
b).

(
v)
Procedures
for
loss
of
certification.
If
the
permitting
authority
or
the
Administrator
issues
a
notice
of
disapproval
of
a
certification
application
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section
or
a
notice
of
disapproval
of
certification
status
under
paragraph
(
d)(
3)(
iv)(
D)
of
this
section,
then:

(
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(
b)(
5),
§
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)
For
a
disapproved
SO2
pollutant
concentration
monitor
and
disapproved
flow
monitor,
respectively,
the
maximum
potential
concentration
of
SO2
and
the
maximum
potential
flow
rate,
as
defined
in
sections
2.1.1.1
and
2.1.4.1
of
appendix
A
to
part
75
of
this
chapter.
DRAFT
­
12/
2/
04
(
2)
For
a
disapproved
moisture
monitoring
system
and
disapproved
diluent
gas
monitoring
system,
respectively,
the
minimum
potential
moisture
percentage
and
either
the
maximum
potential
CO2
concentration
or
the
minimum
potential
O2
concentration
(
as
applicable),
as
defined
in
sections
2.1.3.1,

and
2.1.3.2,
and
2.1.5
of
appendix
A
to
part
75
of
this
chapter.

(
3)
For
a
disapproved
fuel
flowmeter
system,
the
maximum
potential
fuel
flow
rate,
as
defined
in
section
2.4.2.1
of
appendix
D
to
part
75
of
this
chapter.

(
B)
The
CAIR
designated
representative
shall
submit
a
notification
of
certification
retest
dates
and
a
new
certification
application
in
accordance
with
paragraphs
(
d)(
3)(
i)

and
(
ii)
of
this
section.

(
C)
The
owner
or
operator
shall
repeat
all
certification
tests
or
other
requirements
that
were
failed
by
the
monitoring
system,
as
indicated
in
the
permitting
authority's
or
the
Administrator's
notice
of
disapproval,
no
later
than
30
unit
operating
days
after
the
date
of
issuance
of
the
notice
of
disapproval.

(
e)
Initial
certification
and
recertification
procedures
for
units
using
the
low
mass
emission
excepted
methodology
under
§
75.19
of
this
chapter.
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
DRAFT
­
12/
2/
04
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)
Certification/
recertification
procedures
for
alternative
monitoring
systems.
The
CAIR
designated
representative
of
each
unit
for
which
the
owner
or
operator
intends
to
use
an
alternative
monitoring
system
approved
by
the
Administrator
and,

if
applicable,
the
permitting
authority
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.

§
96.272
Out
of
control
periods.

(
a)
Whenever
any
monitoring
system
fails
to
meet
the
quality­
assurance
and
quality­
control
requirements
or
data
validation
requirements
of
part
75
of
this
chapter,
data
shall
be
substituted
using
the
applicable
missing
data
procedures
in
subpart
D
of
or
appendix
D
to
part
75
of
this
chapter.

(
b)
Audit
decertification.
Whenever
both
an
audit
of
a
monitoring
system
and
a
review
of
the
initial
certification
or
recertification
application
reveal
that
any
monitoring
system
should
not
have
been
certified
or
recertified
because
it
did
not
meet
a
particular
performance
specification
or
other
requirement
under
§
96.271
or
the
applicable
provisions
of
part
75
of
this
DRAFT
­
12/
2/
04
chapter,
both
at
the
time
of
the
initial
certification
or
recertification
application
submission
and
at
the
time
of
the
audit,
the
permitting
authority
or,
for
a
CAIR
SO2
opt­
in
unit
or
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
Administrator
will
issue
a
notice
of
disapproval
of
the
certification
status
of
such
monitoring
system.
For
the
purposes
of
this
paragraph,
an
audit
shall
be
either
a
field
audit
or
an
audit
of
any
information
submitted
to
the
permitting
authority
or
the
Administrator.
By
issuing
the
notice
of
disapproval,
the
permitting
authority
or
the
Administrator
revokes
prospectively
the
certification
status
of
the
monitoring
system.
The
data
measured
and
recorded
by
the
monitoring
system
shall
not
be
considered
valid
quality­
assured
data
from
the
date
of
issuance
of
the
notification
of
the
revoked
certification
status
until
the
date
and
time
that
the
owner
or
operator
completes
subsequently
approved
initial
certification
or
recertification
tests
for
the
monitoring
system.
The
owner
or
operator
shall
follow
the
applicable
initial
certification
or
recertification
procedures
in
§
96.271
for
each
disapproved
monitoring
system.

§
96.273
Notifications.

The
CAIR
designated
representative
for
a
CAIR
SO2
unit
shall
submit
written
notice
to
the
permitting
authority
and
the
DRAFT
­
12/
2/
04
Administrator
in
accordance
with
§
75.61
of
this
chapter,
except
that
if
the
unit
is
not
subject
to
an
Acid
Rain
emissions
limitation,
the
notification
is
only
required
to
be
sent
to
the
permitting
authority.

§
96.274
Recordkeeping
and
reporting.

(
a)
General
provisions.
The
CAIR
designated
representative
shall
comply
with
all
recordkeeping
and
reporting
requirements
in
this
section,
the
applicable
recordkeeping
and
reporting
requirements
in
subparts
F
and
G
of
part
75
of
this
chapter,
and
the
requirements
of
§
96.210(
e)(
1).

(
b)
Monitoring
Plans.
The
owner
or
operator
of
a
CAIR
SO2
unit
shall
comply
with
requirements
of
§
75.62
of
this
chapter
and,
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,
§
§
96.283
and
96.284(
a).

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
permitting
authority
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
96.271,

including
the
information
required
under
§
75.63
of
this
chapter.

(
d)
Quarterly
reports.
The
CAIR
designated
representative
shall
submit
quarterly
reports,
as
follows:

(
1)
The
CAIR
designated
representative
shall
report
the
SO2
DRAFT
­
12/
2/
04
mass
emissions
data
and
heat
input
data
for
the
CAIR
SO2
unit,
in
an
electronic
quarterly
report
in
a
format
prescribed
by
the
Administrator,
for
each
calendar
quarter
beginning
with:

(
i)
For
a
unit
that
commences
commercial
operation
before
July
1,
2008,
the
calendar
quarter
covering
January
1,
2009
through
March
31,
2009;
or
(
ii)
For
a
unit
that
commences
commercial
operation
on
or
after
July
1,
2008,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
96.270(
b),

unless
that
quarter
is
the
third
or
fourth
quarter
of
2008,
in
which
case
reporting
shall
commence
in
the
quarter
covering
January
1,
2009
through
March
31,
2009.

(
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
SO2
units
that
are
also
subject
to
an
Acid
Rain
emissions
limitation
or
the
CAIR
NOX
Annual
Trading
Program
or
CAIR
NOX
Ozone
Season
Trading
Program,
quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
H
of
part
75
of
this
chapter
as
applicable,
in
addition
to
the
SO2
mass
emission
data,
heat
input
data,
and
other
DRAFT
­
12/
2/
04
information
required
by
this
subpart.

(
e)
Compliance
certification.
The
CAIR
designated
representative
shall
submit
to
the
Administrator
a
compliance
certification
(
in
a
format
prescribed
by
the
Administrator)
in
support
of
each
quarterly
report
based
on
reasonable
inquiry
of
those
persons
with
primary
responsibility
for
ensuring
that
all
of
the
unit's
emissions
are
correctly
and
fully
monitored.
The
certification
shall
state
that:

(
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
SO2
emission
controls
and
for
all
hours
where
SO2
data
are
substituted
in
accordance
with
§
75.34(
a)(
1)
of
this
chapter,
the
add­
on
emission
controls
were
operating
within
the
range
of
parameters
listed
in
the
quality
assurance/
quality
control
program
under
appendix
B
to
part
75
of
this
chapter
and
the
substitute
data
values
do
not
systematically
underestimate
SO2
emissions.

§
96.275
Petitions.

(
a)
The
CAIR
designated
representative
of
a
CAIR
SO2
unit
that
is
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
DRAFT
­
12/
2/
04
this
subpart.
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
in
writing
by
the
Administrator,
in
consultation
with
the
permitting
authority.

(
b)
The
CAIR
designated
representative
of
a
CAIR
SO2
unit
that
is
not
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
permitting
authority
and
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
this
subpart.
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
in
writing
by
both
the
permitting
authority
and
the
Administrator.

§
96.276
Additional
Requirements
to
Provide
Heat
Input
Data.

The
owner
or
operator
of
a
CAIR
SO2
unit
that
monitors
and
reports
SO2
mass
emissions
using
a
SO2
concentration
system
and
a
flow
system
shall
also
monitor
and
report
heat
input
rate
at
the
unit
level
using
the
procedures
set
forth
in
part
75
of
this
chapter.

Subpart
II
­
CAIR
SO2
Opt­
in
Units
§
96.280
Applicability.

A
CAIR
SO2
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
the
State;

(
b)
Is
not
a
CAIR
SO2
unit
under
§
96.204
and
is
not
covered
DRAFT
­
12/
2/
04
by
a
retired
unit
exemption
under
§
96.205
that
is
in
effect;

(
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.

§
96.281
General.

(
a)
Except
as
otherwise
provided
in
§
§
96.201
through
96.204,
§
§
96.206
through
96.208,
and
subparts
BBB
and
CCC
and
subparts
FFF
through
HHH
of
this
part,
a
CAIR
SO2
opt­
in
unit
shall
be
treated
as
a
CAIR
SO2
unit
for
purposes
of
applying
such
sections
and
subparts
of
this
part.

(
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
SO2
unit
before
issuance
of
a
CAIR
opt­
in
permit
for
such
unit.

§
96.282
CAIR
designated
representative.

Any
CAIR
SO2
opt­
in
unit,
and
any
unit
for
which
a
CAIR
optin
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
DRAFT
­
12/
2/
04
opt­
in
permit
is
not
yet
issued
or
denied
under
this
subpart,

located
at
the
same
source
as
one
or
more
CAIR
SO2
units
shall
have
the
same
CAIR
designated
representative
and
alternate
CAIR
designated
representative
as
such
CAIR
SO2
units.

§
96.283
Applying
for
CAIR
opt­
in
permit.

(
a)
Applying
for
initial
CAIR
opt­
in
permit.
The
CAIR
designated
representative
of
a
unit
meeting
the
requirements
for
a
CAIR
SO2
opt­
in
unit
in
§
96.280
may
apply
for
an
initial
CAIR
opt­
in
permit
at
any
time,
except
as
provided
under
§
96.286(
f)

and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
96.222;

(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
SO2
unit
under
§
96.204
and
is
not
covered
by
a
retired
unit
exemption
under
§
96.205
that
is
in
effect;

(
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
opt­
in
unit,

will
not
become,
an
opt­
in
source
under
part
74
of
this
chapter;

(
iv)
Vents
all
of
its
emissions
to
a
stack;
and
(
v)
Has
documented
heat
input
for
more
than
876
hours
during
the
6
months
immediately
preceding
submission
of
the
CAIR
permit
application
under
§
96.222;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HHH
of
this
DRAFT
­
12/
2/
04
part;

(
4)
A
complete
certificate
of
representation
under
§
96.213
consistent
with
§
96.282,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;
and
(
5)
A
statement,
in
a
format
specified
by
the
permitting
authority,
whether
the
CAIR
designated
representative
requests
that
the
unit
be
allocated
CAIR
SO2
allowances
under
§
96.288(
c)

(
subject
to
the
conditions
in
§
§
96.284(
h)
and
96.286(
g)).

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
SO2
opt­
in
unit
shall
submit
a
complete
CAIR
permit
application
under
§
96.222
to
renew
the
CAIR
opt­
in
unit
permit
in
accordance
with
the
permitting
authority's
regulations
for
title
V
operating
permits,
or
permitting
authority's
regulations
for
other
federally
enforceable
permits
if
applicable,
addressing
permit
renewal.

(
2)
Unless
the
permitting
authority
issues
a
notification
of
acceptance
of
withdrawal
of
the
CAIR
opt­
in
unit
from
the
CAIR
SO2
Trading
Program
in
accordance
with
§
96.286
or
the
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
the
CAIR
SO2
opt­
in
unit
shall
remain
subject
to
the
requirements
for
a
CAIR
SO2
opt­
in
unit,

even
if
the
CAIR
designated
representative
for
the
CAIR
SO2
opt­
in
unit
fails
to
submit
a
CAIR
permit
application
that
is
required
for
renewal
of
the
CAIR
opt­
in
permit
under
paragraph
(
b)(
1)
of
DRAFT
­
12/
2/
04
this
section.

§
96.284
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.283
is
submitted
in
accordance
with
the
following:

(
a)
Interim
review
of
monitoring
plan.
The
permitting
authority
and
the
Administrator
will
determine,
on
an
interim
basis,
the
sufficiency
of
the
monitoring
plan
accompanying
the
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.283.
A
monitoring
plan
is
sufficient,
for
purposes
of
interim
review,
if
the
plan
appears
to
contain
information
demonstrating
that
the
SO2
emissions
rate
and
heat
input
of
the
unit
are
monitored
and
reported
in
accordance
with
subpart
HH
of
this
part.
A
determination
of
sufficiency
shall
not
be
construed
as
acceptance
or
approval
of
the
monitoring
plan.

(
b)
Monitoring
and
reporting.
(
1)(
i)
If
the
permitting
authority
and
the
Administrator
determine
that
the
monitoring
plan
is
sufficient
under
paragraph
(
a)
of
this
section,
the
owner
or
operator
shall
monitor
and
report
the
SO2
emissions
rate
and
the
heat
input
of
the
unit
and
all
other
applicable
parameters,

in
accordance
with
subpart
HHH
of
this
part,
starting
on
the
date
of
certification
of
the
appropriate
monitoring
systems
under
subpart
HHH
of
this
part
and
continuing
until
a
CAIR
opt­
in
DRAFT
­
12/
2/
04
permit
is
denied
under
§
96.284(
f)
or,
if
a
CAIR
opt­
in
permit
is
issued,
the
date
and
time
when
the
unit
is
withdrawn
from
the
CAIR
SO2
Trading
Program
in
accordance
with
§
96.286.

(
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
SO2
Trading
Program
under
§
96.284(
g),
during
which
period
monitoring
system
availability
must
not
be
less
than
90
percent
under
subpart
HHH
of
this
part
and
the
unit
must
be
in
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissionsrelated
requirements.

(
2)
To
the
extent
the
SO2
emissions
rate
and
the
heat
input
of
the
unit
are
monitored
and
reported
in
accordance
with
subpart
HHH
of
this
part
for
one
or
more
control
periods,
in
addition
to
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section,

during
which
control
periods
monitoring
system
availability
is
not
less
than
90
percent
under
subpart
HHH
of
this
part
and
the
unit
is
in
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissions­
related
requirements
and
which
control
periods
begin
not
more
than
3
years
before
the
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
g),
such
information
shall
be
used
as
provided
in
paragraphs
(
c)
and
(
d)
of
this
section.

(
c)
Baseline
heat
input.
The
unit's
baseline
heat
rate
shall
equal:
DRAFT
­
12/
2/
04
(
1)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
total
heat
input
(
in
mmBtu)
for
the
control
period;
or
(
2)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
the
average
of
the
amounts
of
the
unit's
total
heat
input
(
in
mmBtu)

for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section.

(
d)
Baseline
SO2
emission
rate.
The
unit's
baseline
SO2
emission
rate
shall
equal:

(
1)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
SO2
emissions
rate
(
in
lb/
mmBtu)
for
the
control
period;

(
2)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
does
not
have
add­
on
SO2
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
SO2
emissions
rate
(
in
lb/
mmBtu)
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section;
or
DRAFT
­
12/
2/
04
(
3)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
has
add­
on
SO2
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
SO2
emissions
rate
(
in
lb/
mmBtu)
for
such
control
period
during
which
the
unit
has
add­
on
SO2
emission
controls.

(
e)
Issuance
of
CAIR
opt­
in
permit.
After
calculating
the
baseline
heat
input
and
the
baseline
SO2
emissions
rate
for
the
unit
under
paragraphs
(
c)
and
(
d)
of
this
section
and
if
the
permitting
authority
determines
that
the
CAIR
designated
representative
shows
that
the
unit
meets
the
requirements
for
a
CAIR
SO2
opt­
in
unit
in
§
96.280
and
meets
the
elements
certified
in
§
96.283(
a)(
2),
the
permitting
authority
will
issue
a
CAIR
opt­
in
permit.
The
permitting
authority
will
provide
a
copy
of
the
CAIR
opt­
in
permit
to
the
Administrator,
who
will
then
establish
a
compliance
account
for
the
source
that
includes
the
CAIR
SO2
opt­
in
unit
unless
the
source
already
has
a
compliance
account.

(
f)
Issuance
of
denial
of
CAIR
opt­
in
permit.

Notwithstanding
paragraphs
(
a)
through
(
e)
of
this
section,
if
at
any
time
before
issuance
of
a
CAIR
opt­
in
permit
for
the
unit,

the
permitting
authority
determines
that
the
CAIR
designated
representative
fails
to
show
that
the
unit
meets
the
requirements
DRAFT
­
12/
2/
04
for
a
CAIR
SO2
opt­
in
unit
in
§
96.280
or
meets
the
elements
certified
in
§
96.283(
a)(
2),
the
permitting
authority
will
issue
a
denial
of
a
CAIR
SO2
opt­
in
permit
for
the
unit.

(
g)
Date
of
entry
into
CAIR
SO2
Trading
Program.
A
unit
for
which
an
initial
CAIR
opt­
in
permit
is
issued
by
the
permitting
authority
shall
become
a
CAIR
SO2
opt­
in
unit,
and
a
CAIR
SO2
unit,
as
of
the
later
of
January
1,
2010
or
January
1
of
the
first
control
period
during
which
such
CAIR
opt­
in
permit
is
issued.

(
h)
Repowered
CAIR
SO2
opt­
in
unit.
(
1)
If
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
SO2
opt­
in
unit
of
CAIR
SO2
allowances
under
§
96.288(
c)
and
such
unit
is
repowered
after
its
date
of
entry
into
the
CAIR
SO2
Trading
Program
under
paragraph
(
g)
of
this
section,
the
repowered
unit
shall
be
treated
as
a
CAIR
SO2
opt­
in
unit
replacing
the
original
CAIR
SO2
opt­
in
unit,
as
of
the
date
of
start­
up
of
the
repowered
unit's
combustion
chamber.

(
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
SO2
emission
rate
as
the
original
CAIR
SO2
opt­
in
unit,
and
the
original
CAIR
SO2
opt­
DRAFT
­
12/
2/
04
in
unit
shall
no
longer
be
treated
as
a
CAIR
opt­
in
unit
or
a
CAIR
SO2
unit.

§
96.285
CAIR
opt­
in
permit
contents.

(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
96.222;

(
2)
The
certification
in
§
96.283(
a)(
2);

(
3)
The
unit's
baseline
heat
input
under
§
96.284(
c);

(
4)
The
unit's
baseline
SO2
emission
rate
under
§
96.284(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
SO2
allowances
under
§
96.288(
c)
(
subject
to
the
conditions
in
§
§
96.284(
h)
and
96.286(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
SO2
Trading
Program
only
in
accordance
with
§
96.286;
and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
96.287.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.202
and,
upon
recordation
by
the
Administrator
under
subpart
FFF
or
GGG
of
this
part
or
this
subpart,
every
allocation,
transfer,
or
deduction
of
CAIR
SO2
allowances
to
or
from
the
compliance
account
of
the
source
that
includes
a
CAIR
SO2
opt­
in
unit
covered
by
the
CAIR
opt­
in
permit.
DRAFT
­
12/
2/
04
§
96.286
Withdrawal
from
CAIR
SO2
Trading
Program.

Except
as
provided
under
paragraph
(
g)
of
this
section,
a
CAIR
SO2
opt­
in
unit
may
withdraw
from
the
CAIR
SO2
Trading
Program,
but
only
if
the
permitting
authority
issues
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
SO2
opt­
in
unit
of
the
acceptance
of
the
withdrawal
of
the
CAIR
SO2
opt­
in
unit
in
accordance
with
paragraph
(
d)
of
this
section.

(
a)
Requesting
withdrawal.
In
order
to
withdraw
a
CAIR
optin
unit
from
the
CAIR
SO2
Trading
Program,
the
CAIR
designated
representative
of
the
CAIR
SO2
opt­
in
unit
shall
submit
to
the
permitting
authority
a
request
to
withdraw
effective
as
of
midnight
of
December
31
of
a
specified
calendar
year,
which
date
must
be
at
least
4
years
after
December
31
of
the
year
of
entry
into
the
CAIR
SO2
Trading
Program
under
§
96.284(
g).
The
request
must
be
submitted
no
later
than
90
days
before
the
requested
effective
date
of
withdrawal.

(
b)
Conditions
for
withdrawal.
Before
a
CAIR
SO2
opt­
in
unit
covered
by
a
request
under
paragraph
(
a)
of
this
section
may
withdraw
from
the
CAIR
SO2
Trading
Program
and
the
CAIR
opt­
in
permit
may
be
terminated
under
paragraph
(
e)
of
this
section,
the
following
conditions
must
be
met:

(
1)
For
the
control
period
ending
on
the
date
on
which
the
withdrawal
is
to
be
effective,
the
source
that
includes
the
CAIR
SO2
opt­
in
unit
must
meet
the
requirement
to
hold
CAIR
SO2
DRAFT
­
12/
2/
04
allowances
under
§
96.206(
c)
and
cannot
have
any
excess
emissions.

(
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
SO2
opt­
in
unit
CAIR
SO2
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as
any
CAIR
SO2
allowances
allocated
to
the
CAIR
SO2
opt­
in
unit
under
§
96.188
for
any
control
period
for
which
the
withdrawal
is
to
be
effective.
If
there
are
no
remaining
CAIR
SO2
units
at
the
source,
the
Administrator
will
close
the
compliance
account,
and
the
owners
and
operators
of
the
CAIR
SO2
opt­
in
unit
may
submit
a
CAIR
SO2
allowance
transfer
for
any
remaining
CAIR
SO2
allowances
to
another
CAIR
SO2
Allowance
Tracking
System
in
accordance
with
subpart
GGG
of
this
part.

(
c)
Notification.
(
1)
After
the
requirements
for
withdrawal
under
paragraphs
(
a)
and
(
b)
of
this
section
are
met
(
including
deduction
of
the
full
amount
of
CAIR
SO2
allowances
required),
the
permitting
authority
will
issue
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
SO2
opt­
in
unit
of
the
acceptance
of
the
withdrawal
of
the
CAIR
SO2
opt­
in
unit
as
of
midnight
on
December
31
of
the
calendar
year
for
which
the
withdrawal
was
requested.

(
2)
If
the
requirements
for
withdrawal
under
paragraphs
(
a)
DRAFT
­
12/
2/
04
and
(
b)
of
this
section
are
not
met,
the
permitting
authority
will
issue
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
SO2
opt­
in
unit
that
the
CAIR
SO2
opt­
in
unit's
request
to
withdraw
is
denied.
Such
CAIR
SO2
opt­
in
unit
shall
continue
to
be
a
CAIR
SO2
opt­
in
unit.

(
d)
Permit
amendment.
After
the
permitting
authority
issues
a
notification
under
paragraph
(
c)(
1)
of
this
section
that
the
requirements
for
withdrawal
have
been
met,
the
permitting
authority
will
revise
the
CAIR
permit
covering
the
CAIR
SO2
opt­
in
unit
to
terminate
the
CAIR
opt­
in
permit
for
such
unit
as
of
the
effective
date
specified
under
paragraph
(
c)(
1)
of
this
section.

The
unit
shall
continue
to
be
a
CAIR
SO2
opt­
in
unit
until
the
effective
date
of
the
termination
and
shall
comply
with
all
requirements
under
the
CAIR
SO2
Trading
Program
concerning
any
control
periods
for
which
the
unit
is
a
CAIR
SO2
opt­
in
unit,
even
if
such
requirements
arise
or
must
be
complied
with
after
the
withdrawal
takes
effect.

(
e)
Reapplication
upon
failure
to
meet
conditions
of
withdrawal.
If
the
permitting
authority
denies
the
CAIR
SO2
optin
unit's
request
to
withdraw,
the
CAIR
designated
representative
may
submit
another
request
to
withdraw
in
accordance
with
paragraphs
(
a)
and
(
b)
of
this
section.

(
f)
Ability
to
reapply
to
the
CAIR
SO2
Trading
Program.
Once
a
CAIR
SO2
opt­
in
unit
withdraws
from
the
CAIR
SO2
Trading
Program
DRAFT
­
12/
2/
04
and
its
CAIR
opt­
in
permit
is
terminated
under
this
section,
the
CAIR
designated
representative
may
not
submit
another
application
for
a
CAIR
opt­
in
permit
under
§
96.283
for
such
CAIR
SO2
opt­
in
unit
before
the
date
that
is
4
years
after
the
date
on
which
the
withdrawal
became
effective.
Such
new
application
for
a
CAIR
opt­
in
permit
will
be
treated
as
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.284.

(
g)
Inability
to
withdraw.
Notwithstanding
paragraphs
(
a)

through
(
f)
of
this
section,
a
CAIR
SO2
opt­
in
unit
shall
not
be
eligible
to
withdraw
from
the
CAIR
SO2
Trading
Program
if
the
CAIR
designated
representative
of
the
CAIR
SO2
opt­
in
unit
requests,

and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
the
CAIR
SO2
opt­
in
unit
of
CAIR
SO2
allowances
under
§
96.288(
c).

§
96.287
Change
in
regulatory
status.

(
a)
Notification.
If
a
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
then
the
CAIR
designated
representative
shall
notify
in
writing
the
permitting
authority
and
the
Administrator
of
such
change
in
the
CAIR
SO2
opt­
in
unit's
regulatory
status,
within
30
days
of
such
change.

(
b)
Permitting
authority's
and
Administrator's
actions.

(
1)
If
a
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
the
permitting
authority
will
revise
the
CAIR
SO2
opt­
in
unit's
CAIR
opt­
in
permit
to
meet
the
requirements
of
a
CAIR
DRAFT
­
12/
2/
04
permit
under
§
96.223
as
of
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204.

(
2)(
i)
The
Administrator
will
deduct
from
the
compliance
account
of
the
source
that
includes
a
CAIR
SO2
opt­
in
unit
that
becomes
a
CAIR
SO2
unit
under
§
96.204,
CAIR
SO2
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as:

(
A)
Any
CAIR
SO2
allowances
allocated
to
the
CAIR
SO2
opt­
in
unit
under
§
96.288
for
any
control
period
after
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204;
and
(
B)
If
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204
is
not
December
31,
the
CAIR
SO2
allowances
allocated
to
the
CAIR
SO2
opt­
in
unit
under
§
96.288
for
the
control
period
that
includes
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
multiplied
by
the
ratio
of
the
number
of
days,
in
the
control
period,

starting
with
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204
divided
by
the
total
number
of
days
in
the
control
period
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
ii)
The
CAIR
designated
representative
shall
ensure
that
the
compliance
account
of
the
source
that
includes
the
CAIR
SO2
unit
that
becomes
a
CAIR
SO2
unit
under
§
96.204
contains
the
CAIR
DRAFT
­
12/
2/
04
SO2
allowances
necessary
for
completion
of
the
deduction
under
paragraph
(
b)(
2)(
i)
of
this
section.

(
3)(
i)
For
every
control
period
after
the
date
on
which
a
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
the
CAIR
SO2
opt­
in
unit
will
be
treated,
solely
for
purposes
of
CAIR
SO2
allowance
allocations
under
§
96.242,
as
a
unit
that
commences
operation
on
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204
and
will
be
allocated
CAIR
SO2
allowances
under
§
96.242.

(
ii)
Notwithstanding
paragraph
(
b)(
3)(
i)
of
this
section,
if
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204
is
not
January
1,
the
following
number
of
CAIR
SO2
allowances
will
be
allocated
to
the
CAIR
SO2
opt­
in
unit
(
as
a
CAIR
SO2
unit)
under
§
96.242
for
the
control
period
that
includes
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204:

(
A)
The
number
of
CAIR
SO2
allowances
otherwise
allocated
to
the
CAIR
SO2
opt­
in
unit
(
as
a
CAIR
SO2
unit)
under
§
96.242
for
the
control
period
multiplied
by;

(
B)
The
ratio
of
the
number
of
days,
in
the
control
period,

starting
with
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
96.204,
divided
by
the
total
number
of
days
in
the
control
period;
and
(
C)
Rounded
to
the
nearest
whole
allowance
as
appropriate.
DRAFT
­
12/
2/
04
§
96.288
CAIR
SO2
allowance
allocations
to
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
96.284(
e),
the
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
in
which
a
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31
after
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
g),
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
that
includes
such
submission
deadline
and
in
which
the
unit
is
a
CAIR
SO2
opt­
in
unit,
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
b)
Calculation
of
allocation.
For
each
control
period
for
which
a
CAIR
SO2
opt­
in
unit
is
to
be
allocated
CAIR
SO2
allowances,
the
permitting
authority
will
allocate
in
accordance
with
the
following
procedures:

(
1)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
SO2
allowance
allocation
will
be
the
lesser
of:

(
i)
The
CAIR
SO2
opt­
in
unit's
baseline
heat
input
determined
under
§
96.284(
c);
or
DRAFT
­
12/
2/
04
(
ii)
The
CAIR
SO2
opt­
in
unit's
heat
input,
as
determined
in
accordance
with
subpart
HHH
of
this
part,
for
immediately
prior
control
period,
except
when
the
allocation
is
being
calculated
for
the
control
period
in
which
the
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
h).

(
2)
The
SO2
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
SO2
allowance
allocations
will
be
the
lesser
of:

(
i)
The
CAIR
SO2
opt­
in
unit's
baseline
SO2
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.284(
d)
and
multiplied
by
70
percent;
or
(
ii)
The
most
stringent
State
or
Federal
SO2
emissions
limitation
applicable
to
the
CAIR
SO2
opt­
in
unit
at
any
time
during
the
control
period
for
which
CAIR
SO2
allowances
are
to
be
allocated.

(
3)
The
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit
with
a
tonnage
equivalent
equal
to,
or
less
than
by
the
smallest
possible
amount,
the
heat
input
under
paragraph
(
b)(
1)
of
this
section,
multiplied
by
the
SO2
emission
rate
under
paragraph
(
b)(
2)
of
this
section,
and
divided
by
2,000
lb/
ton.

(
c)
Notwithstanding
paragraph
(
b)
of
this
section
and
if
the
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
SO2
opt­
in
unit
of
CAIR
SO2
allowances
under
this
paragraph
DRAFT
­
12/
2/
04
(
subject
to
the
conditions
in
§
§
96.284(
h)
and
96.286(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
SO2
opt­
in
unit
as
follows:

(
1)
For
each
control
period
in
2010
through
2014
for
which
the
CAIR
SO2
opt­
in
unit
is
to
be
allocated
CAIR
SO2
allowances,

(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
CAIR
SO2
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
SO2
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
SO2
allowance
allocations
will
be
the
lesser
of:

(
A)
The
CAIR
SO2
opt­
in
unit's
baseline
SO2
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.284(
d);
or
(
B)
The
most
stringent
State
or
Federal
SO2
emissions
limitation
applicable
to
the
CAIR
SO2
opt­
in
unit
at
any
time
during
the
control
period
in
which
the
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
g).

(
iii)
The
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit
with
a
tonnage
equivalent
equal
to,
or
less
than
by
the
smallest
possible
amount,
the
heat
input
under
paragraph
(
c)(
1)(
i)
of
this
section,
multiplied
by
the
SO2
emission
rate
under
paragraph
(
c)(
1)(
ii)
of
this
section,
and
divided
by
2,000
lb/
ton.

(
2)
For
each
control
period
in
2015
and
thereafter
for
which
the
CAIR
SO2
opt­
in
unit
is
to
be
allocated
CAIR
SO2
allowances,
DRAFT
­
12/
2/
04
(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
SO2
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
SO2
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
the
CAIR
SO2
allowance
allocation
will
be
the
lesser
of:

(
A)
The
CAIR
SO2
opt­
in
unit's
baseline
SO2
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.284(
d)
multiplied
by
10
percent;

or
(
B)
The
most
stringent
State
or
Federal
SO2
emissions
limitation
applicable
to
the
CAIR
SO2
opt­
in
unit
at
any
time
during
the
control
period
for
which
CAIR
SO2
allowances
are
to
be
allocated.

(
iii)
The
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit
with
a
tonnage
equivalent
equal
to,
or
less
than
by
the
smallest
possible
amount,
the
heat
input
under
paragraph
(
c)(
2)(
i)
of
this
section,
multiplied
by
the
SO2
emission
rate
under
paragraph
(
c)(
2)(
ii)
of
this
section,
and
divided
by
2,000
lb/
ton.

(
d)
Recordation.
(
1)
The
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
SO2
opt­
in
unit,
the
CAIR
SO2
allowances
allocated
by
the
permitting
authority
to
the
CAIR
SO2
opt­
in
unit
under
paragraph
(
a)(
1)
of
this
section.

(
2)
By
January
1,
after
the
control
period
in
which
a
CAIR
DRAFT
­
12/
2/
04
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
96.284(
g),

and
January
1
of
each
year
thereafter,
the
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
SO2
opt­
in
unit,
the
CAIR
SO2
allowances
allocated
by
the
permitting
authority
to
the
CAIR
SO2
opt­
in
unit
under
paragraph
(
a)(
2)
of
this
section.

4.
Part
96
is
amended
by
adding
subparts
AAAA
through
CCCC,

adding
and
reserving
subpart
DDDD
and
adding
subparts
EEEE
through
IIII
to
read
as
follows:

Subpart
AAAA
 
CAIR
NOX
Ozone
Season
Trading
Program
General
Provisions
96.301
Purpose.

96.302
Definitions.

96.303
Measurements,
abbreviations,
and
acronyms.

96.304
Applicability.

96.305
Retired
unit
exemption.

96.306
Standard
requirements.

96.307
Computation
of
time.

96.308
Appeal
Procedures.

Subpart
BBBB
 
CAIR
Designated
Representative
for
CAIR
NOX
Ozone
Season
Sources
96.310
Authorization
and
responsibilities
of
CAIR
designated
representative.

96.311
Alternate
CAIR
designated
representative.
DRAFT
­
12/
2/
04
96.312
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

96.313
Certificate
of
representation.

96.314
Objections
concerning
CAIR
designated
representative.

Subpart
CCCC
 
Permits
96.320
General
CAIR
NOX
Ozone
Season
Trading
Program
permit
requirements.

96.321
Submission
of
CAIR
permit
applications.

96.322
Information
requirements
for
CAIR
permit
applications.

96.323
CAIR
permit
contents
and
term.

96.324
CAIR
permit
revisions.

Subpart
DDDD
 
[
Reserved]

Subpart
EEEE
 
CAIR
NOX
Ozone
Season
Allowance
Allocations
96.340
State
trading
budgets.

96.341
Timing
requirements
for
CAIR
NOX
Ozone
Season
allowance
allocations.

96.342
CAIR
NOX
Ozone
Season
allowance
allocations.

Subpart
FFFF
 
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
96.350
[
Reserved]

96.351
Establishment
of
accounts.

96.352
Responsibilities
of
CAIR
authorized
account
representative.

96.353
Recordation
of
CAIR
NOX
Ozone
Season
allowance
allocations.
DRAFT
­
12/
2/
04
96.354
Compliance
with
CAIR
NOX
emissions
limitation.

96.355
Banking.

96.356
Account
error.

96.357
Closing
of
general
accounts.

Subpart
GGGG
 
CAIR
NOX
Ozone
Season
Allowance
Transfers
96.360
Submission
of
CAIR
NOX
Ozone
Season
allowance
transfers.

96.361
EPA
recordation.

96.362
Notification.

Subpart
HHHH
 
Monitoring
and
Reporting
96.370
General
requirements.

96.371
Initial
certification
and
recertification
procedures.

96.372
Out
of
control
periods.

96.373
Notifications.

96.374
Recordkeeping
and
reporting.

96.375
Petitions.

96.376
Additional
requirements
to
provide
heat
input
data.

Subpart
IIII
 
CAIR
NOX
Ozone
Season
Opt­
in
Units
96.380
Applicability.

96.381
General.

96.382
CAIR
designated
representative.

96.383
Applying
for
CAIR
opt­
in
permit.

96.384
Opt­
in
process.

96.385
CAIR
opt­
in
permit
contents.

96.386
Withdrawal
from
CAIR
NOX
Ozone
Season
Trading
Program.
DRAFT
­
12/
2/
04
96.387
Change
in
regulatory
status.

96.388
NOX
allowance
allocations
to
CAIR
NOX
Ozone
Season
opt­
in
units.

Subpart
AAAA
 
CAIR
NOX
Ozone
Season
Trading
Program
General
Provisions
§
96.301
Purpose.

This
subpart
and
subparts
BBBB
through
IIII
establish
the
model
rule
comprising
general
provisions
and
the
designated
representative,
permitting,
allowance,
monitoring,
and
opt­
in
provisions
for
the
State
Clean
Air
Interstate
Rule
(
CAIR)
NOX
Ozone
Season
Trading
Program,
under
section
110
of
the
Clean
Air
Act
and
§
51.123
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.
The
owner
or
operator
of
a
unit
or
a
source
shall
comply
with
the
requirements
of
this
subpart
and
subparts
BBBB
through
IIII
as
a
matter
of
federal
law
only
if
the
State
with
jurisdiction
over
the
unit
and
the
source
incorporates
by
reference
such
subparts
or
otherwise
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.123(
aa)(
1)
or
(
2)
of
this
chapter,
the
State
submits
to
the
Administrator
one
or
more
revisions
of
the
State
implementation
plan
that
include
such
adoption,
and
the
Administrator
approves
such
revisions.
If
the
State
adopts
the
requirements
of
such
subparts
in
accordance
with
§
51.123(
aa)(
1)
or
(
2)
of
this
chapter,
then
the
State
authorizes
the
Administrator
to
assist
DRAFT
­
12/
2/
04
the
State
in
implementing
the
CAIR
NOX
Ozone
Season
Trading
Program
by
carrying
out
the
functions
set
forth
for
the
Administrator
in
such
subparts.

§
96.302
Definitions.

The
terms
used
in
this
subpart
and
subparts
BBBB
through
IIII
shall
have
the
meanings
set
forth
in
this
section
as
follows:

Account
number
means
the
identification
number
given
by
the
Administrator
to
each
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account.

Acid
Rain
emissions
limitation
means
a
limitation
on
emissions
of
sulfur
dioxide
or
nitrogen
oxides
under
the
Acid
Rain
Program.

Acid
Rain
Program
means
a
multi­
state
sulfur
dioxide
and
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
established
by
the
Administrator
under
title
IV
of
the
CAA
and
parts
72
through
78
of
this
chapter.

Administrator
means
the
Administrator
of
the
United
States
Environmental
Protection
Agency
or
the
Administrator's
duly
authorized
representative.

Allocate
or
allocation
means,
with
regard
to
CAIR
NOX
Ozone
Season
allowances
issued
under
subpart
EEEE,
the
determination
by
the
permitting
authority
or
the
Administrator
of
the
amount
of
such
CAIR
NOX
Ozone
Season
allowances
to
be
initially
credited
to
a
CAIR
NOX
Ozone
Season
unit
or
a
new
unit
set­
aside
and,
with
regard
to
CAIR
NOX
Ozone
Season
allowances
issued
under
§
96.388
DRAFT
­
12/
2/
04
or
§
51.123(
aa)(
2)(
iii)(
A)
of
this
chapter,
the
determination
by
the
permitting
authority
of
the
amount
of
such
CAIR
NOX
Ozone
Season
allowances
to
be
initially
credited
to
a
CAIR
NOX
Ozone
Season
unit.

Allowance
transfer
deadline
means,
for
a
control
period,
midnight
of
November
30,
if
it
is
a
business
day,
or,
if
November
30
is
not
a
business
day,
midnight
of
the
first
business
day
thereafter
immediately
following
the
control
period
and
is
the
deadline
by
which
a
CAIR
NOX
Ozone
Season
allowance
transfer
must
be
submitted
for
recordation
in
a
CAIR
NOX
Ozone
Season
source's
compliance
account
in
order
to
be
used
to
meet
the
source's
CAIR
NOX
Ozone
Season
emissions
limitation
for
such
control
period
in
accordance
with
§
96.354.

Alternate
CAIR
designated
representative
means,
for
a
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
units
at
the
source
in
accordance
with
subparts
BBBB
and
IIII
of
this
part,
to
act
on
behalf
of
the
CAIR
designated
representative
in
matters
pertaining
to
the
CAIR
NOX
Ozone
Season
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
a
CAIR
NOX
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
a
CAIR
SO2
DRAFT
­
12/
2/
04
source,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
CAIR
designated
representative
under
the
CAIR
SO2
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Acid
Rain
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Acid
Rain
Program.

Automated
data
acquisition
and
handling
system
or
DAHS
means
that
component
of
the
continuous
emission
monitoring
system,
or
other
emissions
monitoring
system
approved
for
use
under
subpart
HHHH
of
this
part,
designed
to
interpret
and
convert
individual
output
signals
from
pollutant
concentration
monitors,
flow
monitors,

diluent
gas
monitors,
and
other
component
parts
of
the
monitoring
system
to
produce
a
continuous
record
of
the
measured
parameters
in
the
measurement
units
required
by
subpart
HHHH
of
this
part.

Boiler
means
an
enclosed
fossil­
or
other­
fuel­
fired
combustion
device
used
to
produce
heat
and
to
transfer
heat
to
recirculating
water,
steam,
or
other
medium.

Bottoming­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
thermal
energy
and
at
least
some
of
the
reject
heat
from
the
useful
thermal
energy
application
or
process
is
then
used
for
electricity
production.

CAIR
authorized
account
representative
means,
with
regard
to
a
general
account,
a
responsible
natural
person
who
is
authorized,
DRAFT
­
12/
2/
04
in
accordance
with
subpart
BBBB
and
IIII
of
this
part,
to
transfer
and
otherwise
dispose
of
CAIR
NOX
Ozone
Season
allowances
held
in
the
general
account
and,
with
regard
to
a
compliance
account,
the
CAIR
designated
representative
of
the
source.

CAIR
designated
representative
means,
for
a
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source,
the
natural
person
who
is
authorized
by
the
owners
and
operators
of
the
source
and
all
such
units
at
the
source,
in
accordance
with
subparts
BBBB
and
IIII
of
this
part,
to
represent
and
legally
bind
each
owner
and
operator
in
matters
pertaining
to
the
CAIR
NOX
Ozone
Season
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
a
CAIR
NOX
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
representative
under
the
CAIR
NOX
Annual
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
a
CAIR
SO2
source,
then
this
natural
person
shall
be
the
same
person
as
the
CAIR
designated
representative
under
the
CAIR
SO2
Trading
Program.
If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Acid
Rain
Program,
then
this
natural
person
shall
be
the
same
person
as
the
designated
representative
under
the
Acid
Rain
Program.

CAIR
NOX
Annual
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
51.123
of
this
chapter,
DRAFT
­
12/
2/
04
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
nitrogen
oxides.

CAIR
NOX
Ozone
Season
allowance
means
a
limited
authorization
issued
by
the
permitting
authority
under
subpart
EEEE
of
this
part,
§
96.388,
or
§
51.123(
aa)(
2)(
iii)(
A),
(
bb)(
2)(
iii)
or
(
iv),

or
(
dd)(
3)
or
(
4)(
i)
of
this
chapter
to
emit
one
ton
of
nitrogen
oxide
during
a
control
period
of
the
specified
calendar
year
for
which
the
authorization
is
allocated
or
of
any
calendar
year
thereafter
under
the
CAIR
NOX
Ozone
Season
Trading
Program
or
a
limited
authorization
issued
by
the
permitting
authority
for
a
control
period
during
2003
through
2008
under
the
NOX
Budget
Trading
Program
to
emit
one
ton
of
nitrogen
oxide
during
a
control
period,
provided
that
the
provision
in
§
51.121(
b)(
2)(
i)(
E)
of
this
chapter
shall
not
be
used
in
applying
this
definition.
An
authorization
to
emit
nitrogen
oxides
that
is
not
issued
under
provisions
of
a
State
implementation
plan
that
meet
the
requirements
of
§
51.121(
p)
or
§
51.123(
aa)(
1)
or
(
2),
(
bb)(
2)
and
(
3),
or
(
dd)
of
this
chapter
shall
not
be
a
CAIR
NOX
Ozone
Season
allowance.

CAIR
NOX
Ozone
Season
allowance
deduction
or
deduct
CAIR
NOX
Ozone
Season
allowances
means
the
permanent
withdrawal
of
CAIR
NOX
Ozone
Season
allowances
by
the
Administrator
from
a
compliance
account
in
order
to
account
for
a
specified
number
of
tons
of
total
nitrogen
oxide
emissions
from
all
CAIR
NOX
Ozone
Season
units
at
a
DRAFT
­
12/
2/
04
CAIR
NOX
Ozone
Season
source
for
a
control
period,
determined
in
accordance
with
subpart
HHHH
of
this
part,
or
to
account
for
excess
emissions.

CAIR
NOX
Ozone
Season
Allowance
Tracking
System
means
the
system
by
which
the
Administrator
records
allocations,
deductions,
and
transfers
of
CAIR
NOX
Ozone
Season
allowances
under
the
CAIR
NOX
Ozone
Season
Trading
Program.
Such
allowances
will
be
allocated,

held,
deducted,
or
transferred
only
as
whole
allowances.

CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account
means
an
account
in
the
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
established
by
the
Administrator
for
purposes
of
recording
the
allocation,
holding,
transferring,
or
deducting
of
CAIR
NOX
Ozone
Season
allowances.

CAIR
NOX
Ozone
Season
allowances
held
or
hold
CAIR
NOX
Ozone
Season
allowances
means
the
CAIR
NOX
Ozone
Season
allowances
recorded
by
the
Administrator,
or
submitted
to
the
Administrator
for
recordation,
in
accordance
with
subparts
FF,
GG,
and
II
of
this
part,
in
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account.

CAIR
NOX
Ozone
Season
emissions
limitation
means,
for
a
CAIR
NOX
Ozone
Season
source,
the
tonnage
equivalent
of
the
CAIR
NOX
Ozone
Season
allowances
available
for
deduction
for
the
source
under
§
96.354(
a)
and
(
b)
for
a
control
period.

CAIR
NOX
Ozone
Season
Trading
Program
means
a
multi­
state
nitrogen
DRAFT
­
12/
2/
04
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
51.123
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.

CAIR
NOX
Ozone
Season
source
means
a
source
that
includes
one
or
more
CAIR
NOX
Ozone
Season
units.

CAIR
NOX
Ozone
Season
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.304
and,
except
for
purposes
of
§
96.305
and
subpart
EEEE
of
this
part,
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part.

CAIR
NOX
source
means
a
source
that
includes
one
or
more
CAIR
NOX
units.

CAIR
NOX
unit
means
a
unit
that
is
subject
to
the
CAIR
NOX
Annual
Trading
Program
under
§
96.104
and
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part.

CAIR
permit
means
the
legally
binding
and
federally
enforceable
written
document,
or
portion
of
such
document,
issued
by
the
permitting
authority
under
subpart
CC
of
this
part,
including
any
permit
revisions,
specifying
the
CAIR
NOX
Ozone
Season
Trading
Program
requirements
applicable
to
a
CAIR
NOX
Ozone
Season
source,

to
each
CAIR
NOX
Ozone
Season
unit
at
the
source,
and
to
the
owners
and
operators
and
the
CAIR
designated
representative
of
the
source
and
each
such
unit.
DRAFT
­
12/
2/
04
CAIR
SO2
source
means
a
source
that
includes
one
or
more
CAIR
SO2
units.

CAIR
SO2
Trading
Program
means
a
multi­
state
sulfur
dioxide
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
51.124
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
sulfur
dioxide.

CAIR
SO2
unit
means
a
unit
that
is
subject
to
the
CAIR
SO2
Trading
Program
under
§
96.204
and
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.
7401,
et
seq.

Coal
means
any
solid
fuel
classified
as
anthracite,
bituminous,

subbituminous,
or
lignite.

Coal­
derived
fuel
means
any
fuel
(
whether
in
a
solid,
liquid,
or
gaseous
state)
produced
by
the
mechanical,
thermal,
or
chemical
processing
of
coal.

Coal­
fired
means:

(
1)
Except
for
purposes
of
subpart
EE
of
this
part,

combusting
any
amount
of
coal
or
coal­
derived
fuel,
alone
or
in
combination
with
any
amount
of
any
other
fuel,
during
any
year;

or
(
2)
For
purposes
of
subpart
EE
of
this
part,
combusting
any
DRAFT
­
12/
2/
04
amount
of
coal
or
coal­
derived
fuel,
alone
or
in
combination
with
any
amount
of
any
other
fuel,
during
a
specified
year.

Cogeneration
unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine:

(
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
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.

Combustion
turbine
means:

(
1)
An
enclosed
device
comprising
a
compressor,
a
combustor,

and
a
turbine
and
in
which
the
flue
gas
resulting
from
the
DRAFT
­
12/
2/
04
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
heat
recovery
steam
generator
and
steam
turbine.

Commence
commercial
operation
means,
with
regard
to
a
unit
serving
a
generator:

(
1)
To
have
begun
to
produce
steam,
gas,
or
other
heated
medium
used
to
generate
electricity
for
sale
or
use,
including
test
generation,
except
as
provided
in
§
96.305.

(
i)
For
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.
DRAFT
­
12/
2/
04
(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.305,
for
a
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
commercial
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304.

(
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
unit's
date
of
commencement
of
commercial
operation.

(
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.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.384(
h)
or
§
96.387(
b)(
3),
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
or
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
DRAFT
­
12/
2/
04
permit
is
not
yet
issued
or
denied
under
subpart
II
of
this
part,

the
unit's
date
for
commencement
of
commercial
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.384(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
commercial
operation.

(
ii)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
4)
Notwithstanding
paragraphs
(
1)
through
(
3)
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
means:

(
1)
To
have
begun
any
mechanical,
chemical,
or
electronic
DRAFT
­
12/
2/
04
process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber,
except
as
provided
in
§
96.305.

(
i)
For
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
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
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.305,
for
a
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
on
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition
and
is
not
a
unit
under
paragraph
(
3)
of
this
definition,
the
unit's
date
for
commencement
of
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304.

(
i)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
2)
of
this
definition
and
that
subsequently
DRAFT
­
12/
2/
04
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source),
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

(
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.,

repowered),
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),(
2),
or
(
3)
of
this
definition
as
appropriate.

(
3)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
96.384(
h)
or
§
96.387(
b)(
3),
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
or
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
unit's
date
for
commencement
of
operation
shall
be
the
date
on
which
the
owner
or
operator
is
required
to
start
monitoring
and
reporting
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
under
§
96.384(
b)(
i)(
1).

(
i)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
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
unit's
date
of
commencement
of
operation.
DRAFT
­
12/
2/
04
(
ii)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
3)
of
this
definition
and
that
is
subsequently
replaced
by
a
unit
at
the
source
(
e.
g.,
repowered),

the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1),
(
2),
or
(
3)
of
this
definition
as
appropriate.

Common
stack
means
a
single
flue
through
which
emissions
from
2
or
more
units
are
exhausted.

Compliance
account
means
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account,
established
by
the
Administrator
for
a
CAIR
NOX
Ozone
Season
source
under
subpart
FF
or
II
of
this
part,

in
which
any
CAIR
NOX
Ozone
Season
allowance
allocations
for
the
CAIR
NOX
Ozone
Season
units
at
the
source
are
initially
recorded
and
in
which
are
held
any
CAIR
NOX
Ozone
Season
allowances
available
for
use
for
a
control
period
in
order
to
meet
the
source's
CAIR
NOX
Ozone
Season
emissions
limitation
in
accordance
with
§
96.354.

Continuous
emission
monitoring
system
or
CEMS
means
the
equipment
required
under
subpart
HHHH
of
this
part
to
sample,
analyze,

measure,
and
provide,
by
means
of
readings
recorded
at
least
once
every
15
minutes
(
using
an
automated
data
acquisition
and
handling
system
(
DAHS)),
a
permanent
record
of
nitrogen
oxide
emissions,
stack
gas
volumetric
flow
rate,
stack
gas
moisture
content,
and
oxygen
or
carbon
dioxide
concentration
(
as
DRAFT
­
12/
2/
04
applicable),
in
a
manner
consistent
with
part
75
of
this
chapter.

The
following
systems
are
the
principal
types
of
continuous
emission
monitoring
systems
required
under
subpart
HH
of
this
part:

(
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
NOX
pollutant
concentration
monitor
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
NOX
emissions,
in
parts
per
million
(
ppm);

(
3)
A
nitrogen
oxides
emission
rate
(
or
NOX­
diluent)
monitoring
system,
consisting
of
a
NOX
pollutant
concentration
monitor,
a
diluent
gas
(
CO2
or
O2)
monitor,
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
NOX
concentration,
in
parts
per
million
(
ppm),
diluent
gas
concentration,
in
percent
CO2
or
O2,
and
NOX
emission
rate,
in
pounds
per
million
British
thermal
units
(
lb/
mmBtu);

(
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
H2O;

(
5)
A
carbon
dioxide
monitoring
system,
consisting
of
a
CO2
DRAFT
­
12/
2/
04
pollutant
concentration
monitor
(
or
an
oxygen
monitor
plus
suitable
mathematical
equations
from
which
the
CO2
concentration
is
derived)
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
CO2
emissions,
in
percent
CO2;
and
(
6)
An
oxygen
monitoring
system,
consisting
of
an
O2
concentration
monitor
and
an
automated
data
acquisition
and
handling
system
and
providing
a
permanent,
continuous
record
of
O2,
in
percent
O2.

Control
period
or
ozone
season
means
the
period
beginning
May
1
of
a
calendar
year
and
ending
on
September
30
of
the
same
year,

inclusive.

Emissions
means
air
pollutants
exhausted
from
a
unit
or
source
into
the
atmosphere,
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
as
determined
by
the
Administrator
in
accordance
with
subpart
HH
of
this
part.

Excess
emissions
means
any
ton
of
nitrogen
oxide
emitted
by
the
CAIR
NOX
Ozone
Season
units
at
a
CAIR
NOX
Ozone
Season
source
during
a
control
period
that
exceeds
the
CAIR
NOX
Ozone
Season
emissions
limitation
for
the
source.

Fossil
fuel
means
natural
gas,
petroleum,
coal,
or
any
form
of
solid,
liquid,
or
gaseous
fuel
derived
from
such
material.

Fossil­
fuel­
fired
means,
with
regard
to
a
unit,
combusting
any
DRAFT
­
12/
2/
04
amount
of
fossil
fuel
in
any
calendar
year.

Fuel
oil
means
any
petroleum­
based
fuel
(
including
diesel
fuel
or
petroleum
derivatives
such
as
oil
tar)
and
any
recycled
or
blended
petroleum
products
or
petroleum
by­
products
used
as
a
fuel
whether
in
a
liquid,
solid,
or
gaseous
state.

General
account
means
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account,
established
under
subpart
FF
of
this
part,
that
is
not
a
compliance
account.

Generator
means
a
device
that
produces
electricity.

Gross
electrical
output
means,
with
regard
to
a
cogeneration
unit,
electricity
made
available
for
use,
including
any
such
electricity
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
on­
site
emission
controls).

Heat
input
means,
with
regard
to
a
specified
period
of
time,
the
product
(
in
mmBtu/
time)
of
the
gross
calorific
value
of
the
fuel
(
in
Btu/
lb)
divided
by
1,000,000
Btu/
mmBtu
and
multiplied
by
the
fuel
feed
rate
into
a
combustion
device
(
in
lb
of
fuel/
time),
as
measured,
recorded,
and
reported
to
the
Administrator
by
the
CAIR
designated
representative
and
determined
by
the
Administrator
in
accordance
with
subpart
HHHH
of
this
part
and
excluding
the
heat
derived
from
preheated
combustion
air,
recirculated
flue
gases,

or
exhaust
from
other
sources.
DRAFT
­
12/
2/
04
Heat
input
rate
means
the
amount
of
heat
input
(
in
mmBtu)
divided
by
unit
operating
time
(
in
hr)
or,
with
regard
to
a
specific
fuel,
the
amount
of
heat
input
attributed
to
the
fuel
(
in
mmBtu)

divided
by
the
unit
operating
time
(
in
hr)
during
which
the
unit
combusts
the
fuel.

Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
customer
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
percentage
of
nameplate
capacity
and
associated
energy
from
any
specified
unit
and
pays
its
proportional
amount
of
such
unit's
total
costs,
pursuant
to
a
contract:

(
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
means,
starting
from
the
initial
installation
of
a
unit,
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis
as
specified
by
the
manufacturer
of
the
unit,
or,
starting
from
the
completion
of
any
subsequent
physical
change
in
the
unit
DRAFT
­
12/
2/
04
resulting
in
a
decrease
in
the
maximum
amount
of
fuel
per
hour
(
in
Btu/
hr)
that
a
unit
is
capable
of
combusting
on
a
steady
state
basis,
such
decreased
maximum
amount
as
specified
by
the
person
conducting
the
physical
change.

Monitoring
system
means
any
monitoring
system
that
meets
the
requirements
of
subpart
HHHH
of
this
part,
including
a
continuous
emissions
monitoring
system,
an
alternative
monitoring
system,
or
an
excepted
monitoring
system
under
part
75
of
this
chapter.

Most
stringent
State
or
Federal
NOX
emissions
limitation
means,

with
regard
to
a
unit,
the
lowest
NOX
emissions
limitation
(
in
terms
of
lb/
mmBtu)
that
is
applicable
to
the
unit
under
State
or
Federal
law,
regardless
of
the
averaging
period
to
which
the
emissions
limitation
applies.

Nameplate
capacity
means,
starting
from
the
initial
installation
of
a
generator,
the
maximum
electrical
generating
output
(
in
MWe)

that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings)
as
specified
by
the
manufacturer
of
the
generator
or,
starting
from
any
subsequent
physical
change
in
the
generator
resulting
in
an
increase
in
the
maximum
electrical
generating
output
(
in
MWe)
that
the
generator
is
capable
of
producing
on
a
steady
state
basis
and
during
continuous
operation
(
when
not
restricted
by
seasonal
or
other
deratings),
such
increased
maximum
amount
as
specified
by
the
person
conducting
DRAFT
­
12/
2/
04
the
physical
change.

Oil­
fired
means,
for
purposes
of
subpart
EE
of
this
part,

combusting
fuel
oil
for
more
than
15.0
percent
of
the
annual
heat
input
in
a
specified
year.

Operator
means
any
person
who
operates,
controls,
or
supervises
a
CAIR
NOX
Ozone
Season
unit
or
a
CAIR
NOX
Ozone
Season
source
and
shall
include,
but
not
be
limited
to,
any
holding
company,

utility
system,
or
plant
manager
of
such
a
unit
or
source.

Owner
means
any
of
the
following
persons:

(
1)
With
regard
to
a
CAIR
NOX
Ozone
Season
source
or
a
CAIR
NOX
Ozone
Season
unit
at
a
source,
respectively:

(
i)
Any
holder
of
any
portion
of
the
legal
or
equitable
title
in
a
CAIR
NOX
Ozone
Season
unit
at
the
source
or
the
CAIR
NOX
Ozone
Season
unit;

(
ii)
Any
holder
of
a
leasehold
interest
in
a
CAIR
NOX
Ozone
Season
unit
at
the
source
or
the
CAIR
NOX
Ozone
Season
unit;
or
(
iii)
Any
purchaser
of
power
from
a
CAIR
NOX
Ozone
Season
unit
at
the
source
or
the
CAIR
NOX
Ozone
Season
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement;
provided
that,
unless
expressly
provided
for
in
a
leasehold
agreement,

owner
shall
not
include
a
passive
lessor,
or
a
person
who
has
an
equitable
interest
through
such
lessor,
whose
rental
payments
are
not
based
(
either
directly
or
indirectly)
on
the
revenues
or
income
from
such
CAIR
NOX
Ozone
Season
unit;
or
DRAFT
­
12/
2/
04
(
2)
With
regard
to
any
general
account,
any
person
who
has
an
ownership
interest
with
respect
to
the
CAIR
NOX
Ozone
Season
allowances
held
in
the
general
account
and
who
is
subject
to
the
binding
agreement
for
the
CAIR
authorized
account
representative
to
represent
the
person's
ownership
interest
with
respect
to
CAIR
NOX
Ozone
Season
allowances.

Permitting
authority
means
the
State
air
pollution
control
agency,
local
agency,
other
State
agency,
or
other
agency
authorized
by
the
Administrator
to
issue
or
revise
permits
to
meet
the
requirements
of
the
CAIR
NOX
Ozone
Season
Trading
Program
in
accordance
with
subpart
CCCC
of
this
part
or,
if
no
such
agency
has
been
so
authorized,
the
Administrator.

Potential
electrical
output
capacity
means
33
percent
of
a
unit's
maximum
design
heat
input,
divided
by
3,413
mmBtu/
kWh,
divided
by
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.

Receive
or
receipt
of
means,
when
referring
to
the
permitting
authority
or
the
Administrator,
to
come
into
possession
of
a
document,
information,
or
correspondence
(
whether
sent
in
hard
copy
or
by
authorized
electronic
transmission),
as
indicated
in
an
official
correspondence
log,
or
by
a
notation
made
on
the
document,
information,
or
correspondence,
by
the
permitting
authority
or
the
Administrator
in
the
regular
course
of
business.

Recordation,
record,
or
recorded
means,
with
regard
to
CAIR
NOX
Ozone
Season
allowances,
the
movement
of
CAIR
NOX
Ozone
Season
DRAFT
­
12/
2/
04
allowances
by
the
Administrator
into
or
between
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
accounts,
for
purposes
of
allocation,
transfer,
or
deduction.

Reference
method
means
any
direct
test
method
of
sampling
and
analyzing
for
an
air
pollutant
as
specified
in
§
75.22
of
this
chapter.

Repowered
means,
with
regard
to
a
unit,
replacement
of
a
coalfired
boiler
with
one
of
the
following
coal­
fired
technologies
at
the
same
source
as
the
coal­
fired
boiler:

(
1)
Atmospheric
or
pressurized
fluidized
bed
combustion;

(
2)
Integrated
gasification
combined
cycle;

(
3)
Magnetohydrodynamics;

(
4)
Direct
and
indirect
coal­
fired
turbines;

(
5)
Integrated
gasification
fuel
cells;
or
(
6)
As
determined
by
the
Administrator
in
consultation
with
the
Secretary
of
Energy,
a
derivative
of
one
or
more
of
the
technologies
under
paragraphs
(
1)
through
(
5)
of
this
definition
and
any
other
coal­
fired
technology
capable
of
controlling
multiple
combustion
emissions
simultaneously
with
improved
boiler
or
generation
efficiency
and
with
significantly
greater
waste
reduction
relative
to
the
performance
of
technology
in
widespread
commercial
use
as
of
January
1,
2005.

Serial
number
means,
for
a
CAIR
NOX
Ozone
Season
allowance,
the
unique
identification
number
assigned
to
each
CAIR
NOX
Ozone
DRAFT
­
12/
2/
04
Season
allowance
by
the
Administrator.

Sequential
use
of
energy
means:

(
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.

Source
means
all
buildings,
structures,
or
installations
located
in
one
or
more
contiguous
or
adjacent
properties
under
common
control
of
the
same
person
or
persons.
For
purposes
of
section
502(
c)
of
the
Clean
Air
Act,
a
"
source,"
including
a
"
source"

with
multiple
units,
shall
be
considered
a
single
"
facility."

State
means
one
of
the
States
or
the
District
of
Columbia
that
adopts
the
CAIR
NOX
Ozone
Season
Trading
Program
pursuant
to
§
51.123(
aa)(
1)
or
(
2)
of
this
chapter.

Submit
or
serve
means
to
send
or
transmit
a
document,

information,
or
correspondence
to
the
person
specified
in
accordance
with
the
applicable
regulation:

(
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
DRAFT
­
12/
2/
04
not
the
date
of
receipt.

Title
V
operating
permit
means
a
permit
issued
under
title
V
of
the
Clean
Air
Act
and
part
70
or
part
71
of
this
chapter.

Title
V
operating
permit
regulations
means
the
regulations
that
the
Administrator
has
approved
or
issued
as
meeting
the
requirements
of
title
V
of
the
Clean
Air
Act
and
part
70
or
71
of
this
chapter.

Ton
means
2,000
pounds.
For
the
purpose
of
determining
compliance
with
the
CAIR
NOX
Ozone
Season
emissions
limitation,

total
tons
of
nitrogen
oxides
emissions
for
a
control
period
shall
be
calculated
as
the
sum
of
all
recorded
hourly
emissions
(
or
the
mass
equivalent
of
the
recorded
hourly
emission
rates)
in
accordance
with
subpart
HH
of
this
part,
but
with
any
remaining
fraction
of
a
ton
equal
to
or
greater
than
0.50
tons
deemed
to
equal
one
ton
and
any
remaining
fraction
of
a
ton
less
than
0.50
tons
deemed
to
equal
zero
tons.

Topping­
cycle
cogeneration
unit
means
a
cogeneration
unit
in
which
the
energy
input
to
the
unit
is
first
used
to
produce
useful
power,
including
electricity,
and
at
least
some
of
the
reject
heat
from
the
electricity
production
is
then
used
to
provide
useful
thermal
energy.

Total
energy
input
means,
with
regard
to
a
cogeneration
unit,

total
energy
of
all
forms
supplied
to
the
cogeneration
unit,

excluding
energy
produced
by
the
cogeneration
unit
itself.
DRAFT
­
12/
2/
04
Total
energy
output
means,
with
regard
to
a
cogeneration
unit,

the
sum
of
useful
power
and
useful
thermal
energy
produced
by
the
cogeneration
unit.

Unit
means
a
stationary,
fossil­
fuel­
fired
boiler
or
combustion
turbine
or
other
stationary,
fossil­
fuel­
fired
combustion
device.

Unit
operating
day
means
a
calendar
day
in
which
a
unit
combusts
any
fuel.

Unit
operating
hour
or
hour
of
unit
operation
means
an
hour
in
which
a
unit
combusts
any
fuel.

Useful
power
means,
with
regard
to
a
cogeneration
unit,

electricity
or
mechanical
energy
made
available
for
use,

excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
treatment
of
fuel
combusted
at
the
unit
and
any
onsite
emission
controls).

Useful
thermal
energy
means,
with
regard
to
a
cogeneration
unit,

thermal
energy
that
is:

(
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
heat
application
(
e.
g.,
space
heating
or
domestic
hot
water
heating);
or
(
3)
Used
in
a
space
cooling
application
(
i.
e.,
thermal
energy
used
by
an
absorption
chiller).
DRAFT
­
12/
2/
04
Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

§
96.303
Measurements,
abbreviations,
and
acronyms.

Measurements,
abbreviations,
and
acronyms
used
in
this
part
are
defined
as
follows:

Btu­
British
thermal
unit.

CO2­
carbon
dioxide.

NOX­
nitrogen
oxide.

hr­
hour.

kW­
kilowatt
electrical.

kWh­
kilowatt
hour.

mmBtu­
million
Btu.

MWe­
megawatt
electrical.

MWh­
megawatt
hour.

O2­
oxygen.

ppm­
parts
per
million.

lb­
pound.

scfh­
standard
cubic
feet
per
hour.

SO2­
sulfur
dioxide.

H2O­
water.

yr­
year.

§
96.304
Applicability.

The
following
units
in
a
State
shall
be
CAIR
NOX
Ozone
Season
DRAFT
­
12/
2/
04
units,
and
any
source
that
includes
one
or
more
such
units
shall
be
a
CAIR
NOX
Ozone
Season
source,
subject
to
the
requirements
of
this
subpart
and
subparts
BBBB
through
HHHH
of
this
part:

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­

fuelfired
combustion
turbine
serving
at
any
time,
since
the
start­
up
of
a
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
b)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
cogeneration
unit
serving
at
any
time
a
generator
with
nameplate
capacity
of
more
than
25
MWe
and
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.
If
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
a)
of
this
section
starting
on
the
day
on
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

§
96.305
Retired
unit
exemption.

(
a)(
1)
Any
CAIR
NOX
Ozone
Season
unit
that
is
permanently
retired
and
is
not
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
be
DRAFT
­
12/
2/
04
exempt
from
the
CAIR
NOX
Ozone
Season
Trading
Program,
except
for
the
provisions
of
this
section,
§
96.302,
§
96.303,
§
96.304,
§
96.306(
c)(
4)
through
(
8),
§
96.307,
and
subparts
EEEE
through
GGGG
of
this
part.

(
2)
The
exemption
under
paragraph
(
a)(
1)
of
this
section
shall
become
effective
the
day
on
which
the
CAIR
NOX
Ozone
Season
unit
is
permanently
retired.
Within
30
days
of
the
unit's
permanent
retirement,
the
CAIR
designated
representative
shall
submit
a
statement
to
the
permitting
authority
otherwise
responsible
for
administering
any
CAIR
permit
for
the
unit
and
shall
submit
a
copy
of
the
statement
to
the
Administrator.
The
statement
shall
state,
in
a
format
prescribed
by
the
permitting
authority,
that
the
unit
was
permanently
retired
on
a
specific
date
and
will
comply
with
the
requirements
of
paragraph
(
b)
of
this
section.

(
3)
After
receipt
of
the
notice
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.

(
1)
A
unit
exempt
under
paragraph
(
a)
of
this
section
shall
not
emit
any
nitrogen
oxides,
starting
on
the
date
that
the
exemption
takes
effect.
DRAFT
­
12/
2/
04
(
2)
The
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
under
subpart
EEEE
of
this
part
to
a
unit
exempt
under
paragraph
(
a)
of
this
section.

(
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
NOX
Ozone
Season
Trading
Program
concerning
all
periods
for
which
the
exemption
is
not
in
effect,
even
if
such
requirements
arise,
or
must
be
complied
with,
after
the
exemption
takes
effect.

(
5)
A
unit
exempt
under
paragraph
(
a)
of
this
section
and
located
at
a
source
that
is
required,
or
but
for
this
exemption
would
be
required,
to
have
a
title
V
operating
permit
shall
not
resume
operation
unless
the
CAIR
designated
representative
of
the
source
submits
a
complete
CAIR
permit
application
under
§
96.322
DRAFT
­
12/
2/
04
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
operation
and
commercial
operation
on
the
first
date
on
which
the
unit
resumes
operation.

§
96.306
Standard
requirements.

(
a)
Permit
Requirements.

(
1)
The
CAIR
designated
representative
of
each
CAIR
NOX
Ozone
Season
source
required
to
have
a
title
V
operating
permit
and
DRAFT
­
12/
2/
04
each
CAIR
NOX
Ozone
Season
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall:

(
i)
Submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.322
in
accordance
with
the
deadlines
specified
in
§
96.321(
a)
and
(
b);
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
NOX
Ozone
Season
source
required
to
have
a
title
V
operating
permit
and
each
CAIR
NOX
Ozone
Season
unit
required
to
have
a
title
V
operating
permit
at
the
source
shall
have
a
CAIR
permit
issued
by
the
permitting
authority
under
subpart
CC
of
this
part
for
the
source
and
operate
the
source
and
the
unit
in
compliance
with
such
CAIR
permit.

(
3)
Except
as
provided
in
subpart
II
of
this
part,
the
owners
and
operators
of
a
CAIR
NOX
Ozone
Season
source
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
and
each
CAIR
NOX
Ozone
Season
unit
that
is
not
otherwise
required
to
have
a
title
V
operating
permit
are
not
required
to
submit
a
CAIR
permit
application,
and
to
have
a
CAIR
permit,
under
subpart
CC
of
this
part
for
such
CAIR
NOX
Ozone
Season
source
and
such
CAIR
NOX
Ozone
Season
unit.

(
b)
Monitoring,
reporting,
and
recordkeeping
requirements.
DRAFT
­
12/
2/
04
(
1)
The
owners
and
operators,
and
the
CAIR
designated
representative,
of
each
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
comply
with
the
monitoring,
reporting,
and
recordkeeping
requirements
of
subpart
HHHH
of
this
part.

(
2)
The
emissions
measurements
recorded
and
reported
in
accordance
with
subpart
HH
of
this
part
shall
be
used
to
determine
compliance
by
each
CAIR
NOX
Ozone
Season
source
with
the
CAIR
NOX
Ozone
Season
emissions
limitation
under
paragraph
(
c)
of
this
section.

(
c)
Nitrogen
oxide
ozone
season
emission
requirements.

(
1)
As
of
the
allowance
transfer
deadline
for
a
control
period,
the
owners
and
operators
of
each
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
hold,
in
the
source's
compliance
account,
CAIR
NOX
Ozone
Season
allowances
available
for
compliance
deductions
for
the
control
period
under
§
96.354(
a)
in
an
amount
not
less
than
the
tons
of
total
nitrogen
oxides
emissions
for
the
control
period
from
all
CAIR
NOX
Ozone
Season
units
at
the
source,
as
determined
in
accordance
with
subpart
HHHH
of
this
part.

(
2)
A
CAIR
NOX
Ozone
Season
unit
shall
be
subject
to
the
requirements
under
paragraph
(
c)(
1)
of
this
section
starting
on
the
later
of
May
1,
2009
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
96.370(
b)(
1),(
2),
(
3),
DRAFT
­
12/
2/
04
or
(
7).

(
3)
A
CAIR
NOX
Ozone
Season
allowance
shall
not
be
deducted,

for
compliance
with
the
requirements
under
paragraph
(
c)(
1)
of
this
section,
for
a
control
period
in
a
calendar
year
before
the
year
for
which
the
CAIR
NOX
Ozone
Season
allowance
was
allocated.

(
4)
CAIR
NOX
Ozone
Season
allowances
shall
be
held
in,

deducted
from,
or
transferred
into
or
among
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
accounts
in
accordance
with
subpart
EEEE
of
this
part.

(
5)
A
CAIR
NOX
Ozone
Season
allowance
is
a
limited
authorization
to
emit
one
ton
of
nitrogen
oxide
in
accordance
with
the
CAIR
NOX
Ozone
Season
Trading
Program.
No
provision
of
the
CAIR
NOX
Ozone
Season
Trading
Program,
the
CAIR
permit
application,
the
CAIR
permit,
or
an
exemption
under
§
96.305
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
the
State
or
the
United
States
to
terminate
or
limit
such
authorization.

(
6)
A
CAIR
NOX
Ozone
Season
allowance
does
not
constitute
a
property
right.

(
7)
Upon
recordation
by
the
Administrator
under
subparts
FFFF,
GGGG,
or
IIII
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
NOX
Ozone
Season
allowance
to
or
from
a
CAIR
NOX
Ozone
Season
unit's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source
that
includes
the
DRAFT
­
12/
2/
04
CAIR
NOX
Ozone
Season
unit.

(
d)
Excess
emissions
requirements.

(
1)
If
a
CAIR
NOX
Ozone
Season
source
emits
nitrogen
oxides
during
any
control
period
in
excess
of
the
CAIR
NOX
Ozone
Season
emissions
limitation,
then:

(
i)
The
owners
and
operators
of
the
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
surrender
the
CAIR
NOX
Ozone
Season
allowances
required
for
deduction
under
§
96.354(
d)(
1)
and
pay
any
fine,
penalty,
or
assessment
or
comply
with
any
other
remedy
imposed,
for
the
same
violations,
under
the
Clean
Air
Act
or
applicable
State
law;
and
(
ii)
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.

(
1)
Unless
otherwise
provided,
the
owners
and
operators
of
the
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
keep
on
site
at
the
source
each
of
the
following
documents
for
a
period
of
5
years
from
the
date
the
document
is
created.
This
period
may
be
extended
for
cause,
at
any
time
before
the
end
of
5
years,
in
writing
by
the
permitting
authority
or
the
Administrator.

(
i)
The
certificate
of
representation
under
§
96.313
for
the
CAIR
designated
representative
for
the
source
and
each
CAIR
NOX
DRAFT
­
12/
2/
04
Ozone
Season
unit
at
the
source
and
all
documents
that
demonstrate
the
truth
of
the
statements
in
the
certificate
of
representation;
provided
that
the
certificate
and
documents
shall
be
retained
on
site
at
the
source
beyond
such
5­
year
period
until
such
documents
are
superseded
because
of
the
submission
of
a
new
certificate
of
representation
under
§
96.313
changing
the
CAIR
designated
representative.

(
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
NOX
Ozone
Season
Trading
Program.

(
iv)
Copies
of
all
documents
used
to
complete
a
CAIR
permit
application
and
any
other
submission
under
the
CAIR
NOX
Ozone
Season
Trading
Program
or
to
demonstrate
compliance
with
the
requirements
of
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
2)
The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
submit
the
reports
required
under
the
CAIR
NOX
Ozone
Season
Trading
Program,
including
those
under
subpart
HHHH
of
this
part.

(
f)
Liability.

(
1)
Each
CAIR
NOX
Ozone
Season
source
and
each
CAIR
NOX
Ozone
DRAFT
­
12/
2/
04
Season
unit
shall
meet
the
requirements
of
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
2)
Any
provision
of
the
CAIR
NOX
Ozone
Season
Trading
Program
that
applies
to
a
CAIR
NOX
Ozone
Season
source
or
the
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
source
shall
also
apply
to
the
owners
and
operators
of
such
source
and
of
the
CAIR
NOX
Ozone
Season
units
at
the
source.

(
3)
Any
provision
of
the
CAIR
NOX
Ozone
Season
Trading
Program
that
applies
to
a
CAIR
NOX
Ozone
Season
unit
or
the
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
unit
shall
also
apply
to
the
owners
and
operators
of
such
unit.

(
g)
Effect
on
other
authorities.
No
provision
of
the
CAIR
NOX
Ozone
Season
Trading
Program,
a
CAIR
permit
application,
a
CAIR
permit,
or
an
exemption
under
§
96.305
shall
be
construed
as
exempting
or
excluding
the
owners
and
operators,
and
the
CAIR
designated
representative,
of
a
CAIR
NOX
Ozone
Season
source
or
CAIR
NOX
Ozone
Season
unit
from
compliance
with
any
other
provision
of
the
applicable,
approved
State
implementation
plan,

a
federally
enforceable
permit,
or
the
Clean
Air
Act.

§
96.307
Computation
of
time.

(
a)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
NOX
Ozone
Season
Trading
Program,
to
begin
on
the
occurrence
of
an
act
or
event
shall
begin
on
the
day
the
act
or
event
occurs.
DRAFT
­
12/
2/
04
(
b)
Unless
otherwise
stated,
any
time
period
scheduled,

under
the
CAIR
NOX
Ozone
Season
Trading
Program,
to
begin
before
the
occurrence
of
an
act
or
event
shall
be
computed
so
that
the
period
ends
the
day
before
the
act
or
event
occurs.

(
c)
Unless
otherwise
stated,
if
the
final
day
of
any
time
period,
under
the
CAIR
NOX
Ozone
Season
Trading
Program,
falls
on
a
weekend
or
a
State
or
Federal
holiday,
the
time
period
shall
be
extended
to
the
next
business
day.

§
96.308
Appeal
Procedures.

The
appeal
procedures
for
decisions
of
the
Administrator
under
the
CAIR
NOX
Ozone
Season
Trading
Program
are
set
forth
in
part
78
of
this
chapter.

Subpart
BBBB
 
CAIR
designated
representative
for
CAIR
NOX
Ozone
Season
sources
§
96.310
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
96.311,
each
CAIR
NOX
Ozone
Season
source,
including
all
CAIR
NOX
Ozone
Season
units
at
the
source,
shall
have
one
and
only
one
CAIR
designated
representative,
with
regard
to
all
matters
under
the
CAIR
NOX
Ozone
Season
Trading
Program
concerning
the
source
or
any
CAIR
NOX
Ozone
Season
unit
at
the
source.

(
b)
The
CAIR
designated
representative
of
the
CAIR
NOX
Ozone
Season
source
shall
be
selected
by
an
agreement
binding
on
the
DRAFT
­
12/
2/
04
owners
and
operators
of
the
source
and
all
CAIR
NOX
Ozone
Season
units
at
the
source
and
shall
act
in
accordance
with
the
certification
statement
in
§
96.313(
a)(
5)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.313,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
each
owner
and
operator
of
the
CAIR
NOX
Ozone
Season
source
represented
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source
in
all
matters
pertaining
to
the
CAIR
NOX
Ozone
Season
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
designated
representative
and
such
owners
and
operators.
The
owners
and
operators
shall
be
bound
by
any
decision
or
order
issued
to
the
CAIR
designated
representative
by
the
permitting
authority,
the
Administrator,
or
a
court
regarding
the
source
or
unit.

(
d)
No
CAIR
permit
will
be
issued,
no
emissions
data
reports
will
be
accepted,
and
no
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account
will
be
established
for
a
CAIR
NOX
Ozone
Season
unit
at
a
source,
until
the
Administrator
has
received
a
complete
certificate
of
representation
under
§
96.313
for
a
CAIR
designated
representative
of
the
source
and
the
CAIR
NOX
Ozone
Season
units
at
the
source.

(
e)(
1)
Each
submission
under
the
CAIR
NOX
Ozone
Season
DRAFT
­
12/
2/
04
Trading
Program
shall
be
submitted,
signed,
and
certified
by
the
CAIR
designated
representative
for
each
CAIR
NOX
Ozone
Season
source
on
behalf
of
which
the
submission
is
made.
Each
such
submission
shall
include
the
following
certification
statement
by
the
CAIR
designated
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
source
or
units
for
which
the
submission
is
made.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,
accurate,
and
complete.

I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
2)
The
permitting
authority
and
the
Administrator
will
accept
or
act
on
a
submission
made
on
behalf
of
owner
or
operators
of
a
CAIR
NOX
Ozone
Season
source
or
a
CAIR
NOX
Ozone
Season
unit
only
if
the
submission
has
been
made,
signed,
and
certified
in
accordance
with
paragraph
(
e)(
1)
of
this
section.

§
96.311
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
96.313
may
DRAFT
­
12/
2/
04
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
96.313,
any
representation,

action,
inaction,
or
submission
by
the
alternate
CAIR
designated
representative
shall
be
deemed
to
be
a
representation,
action,

inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
96.302,
96.310(
a)
and
(
d),

96.312,
96.313,
96.351,
and
96.382
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.

§
96.312
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.313.
Notwithstanding
any
such
change,

all
representations,
actions,
inactions,
and
submissions
by
the
DRAFT
­
12/
2/
04
previous
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
NOX
Ozone
Season
source
and
the
CAIR
NOX
Ozone
Season
units
at
the
source.

(
b)
Changing
alternate
CAIR
designated
representative.
The
alternate
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
96.313.
Notwithstanding
any
such
change,
all
representations,
actions,
inactions,
and
submissions
by
the
previous
alternate
CAIR
designated
representative
before
the
time
and
date
when
the
Administrator
receives
the
superseding
certificate
of
representation
shall
be
binding
on
the
new
alternate
CAIR
designated
representative
and
the
owners
and
operators
of
the
CAIR
NOX
Ozone
Season
source
and
the
CAIR
NOX
Ozone
Season
units
at
the
source.

(
c)
Changes
in
owners
and
operators.

(
1)
In
the
event
a
new
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
source
or
a
CAIR
NOX
Ozone
Season
unit
is
not
included
in
the
list
of
owners
and
operators
in
the
certificate
of
representation
under
§
96.313,
such
new
owner
or
operator
shall
be
deemed
to
be
subject
to
and
bound
by
the
certificate
of
representation,
the
representations,
actions,
inactions,
and
submissions
of
the
CAIR
designated
representative
and
any
DRAFT
­
12/
2/
04
alternate
CAIR
designated
representative
of
the
source
or
unit,

and
the
decisions
and
orders
of
the
permitting
authority,
the
Administrator,
or
a
court,
as
if
the
new
owner
or
operator
were
included
in
such
list.

(
2)
Within
30
days
following
any
change
in
the
owners
and
operators
of
a
CAIR
NOX
Ozone
Season
source
or
a
CAIR
NOX
Ozone
Season
unit,
including
the
addition
of
a
new
owner
or
operator,

the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative
shall
submit
a
revision
to
the
certificate
of
representation
under
§
96.313
amending
the
list
of
owners
and
operators
to
include
the
change.

§
96.313
Certificate
of
representation.

(
a)
A
complete
certificate
of
representation
for
a
CAIR
designated
representative
or
an
alternate
CAIR
designated
representative
shall
include
the
following
elements
in
a
format
prescribed
by
the
Administrator:

(
1)
Identification
of
the
CAIR
NOX
Ozone
Season
source,
and
each
CAIR
NOX
Ozone
Season
unit
at
the
source,
for
which
the
certificate
of
representation
is
submitted.

(
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
NOX
Ozone
DRAFT
­
12/
2/
04
Season
source
and
of
each
CAIR
NOX
Ozone
Season
unit
at
the
source.

(
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
NOX
Ozone
Season
unit
at
the
source."

(
ii)
"
I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
NOX
Ozone
Season
Trading
Program
on
behalf
of
the
owners
and
operators
of
the
source
and
of
each
CAIR
NOX
Ozone
Season
unit
at
the
source
and
that
each
such
owner
and
operator
shall
be
fully
bound
by
my
representations,
actions,
inactions,
or
submissions."

(
iii)
"
I
certify
that
the
owners
and
operators
of
the
source
and
of
each
CAIR
NOX
Ozone
Season
unit
at
the
source
shall
be
bound
by
any
order
issued
to
me
by
the
Administrator,
the
permitting
authority,
or
a
court
regarding
the
source
or
unit."

(
iv)
"
Where
there
are
multiple
holders
of
a
legal
or
equitable
title
to,
or
a
leasehold
interest
in,
a
CAIR
NOX
Ozone
Season
unit,
or
where
a
customer
purchases
power
from
a
CAIR
NOX
Ozone
Season
unit
under
a
life­
of­
the­
unit,
firm
power
contractual
arrangement,
I
certify
that:
I
have
given
a
written
DRAFT
­
12/
2/
04
notice
of
my
selection
as
the
`
CAIR
designated
representative'
or
`
alternate
CAIR
designated
representative',
as
applicable,
and
of
the
agreement
by
which
I
was
selected
to
each
owner
and
operator
of
the
source
and
of
each
CAIR
NOX
Ozone
Season
unit
at
the
source;
and
CAIR
NOX
Ozone
Season
allowances
and
proceeds
of
transactions
involving
CAIR
NOX
Ozone
Season
allowances
will
be
deemed
to
be
held
or
distributed
in
proportion
to
each
holder's
legal,
equitable,
leasehold,
or
contractual
reservation
or
entitlement,
except
that,
if
such
multiple
holders
have
expressly
provided
for
a
different
distribution
of
CAIR
NOX
Ozone
Season
allowances
by
contract,
CAIR
NOX
Ozone
Season
allowances
and
proceeds
of
transactions
involving
CAIR
NOX
Ozone
Season
allowances
will
be
deemed
to
be
held
or
distributed
in
accordance
with
the
contract."

(
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.
DRAFT
­
12/
2/
04
§
96.314
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
96.313
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
96.313
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
96.312(
a)
or
(
b),
no
objection
or
other
communication
submitted
to
the
permitting
authority
or
the
Administrator
concerning
the
authorization,
or
any
representation,
action,
inaction,
or
submission,
of
the
CAIR
designated
representative
shall
affect
any
representation,

action,
inaction,
or
submission
of
the
CAIR
designated
representative
or
the
finality
of
any
decision
or
order
by
the
permitting
authority
or
the
Administrator
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
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
NOX
Ozone
Season
allowance
transfers.

Subpart
CCCC
 
Permits
§
96.320
General
CAIR
Ozone
Season
Trading
Program
permit
DRAFT
­
12/
2/
04
requirements.

(
a)
For
each
CAIR
NOX
Ozone
Season
source
required
to
have
a
title
V
operating
permit
or
required,
under
subpart
II
of
this
part,
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit,
such
permit
shall
include
a
CAIR
permit
administered
by
the
permitting
authority
for
the
title
V
operating
permit
or
the
federally
enforceable
permit
as
applicable.
The
CAIR
portion
of
the
title
V
permit
or
other
federally
enforceable
permit
as
applicable
shall
be
administered
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
promulgated
under
part
70
or
71
of
this
chapter
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable,
except
as
provided
otherwise
by
this
subpart
and
subpart
IIII
of
this
part.

(
b)
Each
CAIR
permit
shall
contain,
with
regard
to
the
CAIR
NOX
Ozone
Season
source
and
the
CAIR
NOX
Ozone
Season
units
at
the
source
covered
by
the
CAIR
permit,
all
applicable
CAIR
NOX
Ozone
Season
Trading
Program,
CAIR
NOX
Annual
Trading
Program,
and
CAIR
SO2
Trading
Program
requirements
and
shall
be
a
complete
and
separable
portion
of
the
title
V
operating
permit
or
other
federally
enforceable
permit
under
paragraph
(
a)
of
this
section.

§
96.321
Submission
of
CAIR
permit
applications.

(
a)
Duty
to
apply.
The
CAIR
designated
representative
of
any
CAIR
NOX
Ozone
Season
source
required
to
have
a
title
V
DRAFT
­
12/
2/
04
operating
permit
shall
submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
96.322
for
the
source
covering
each
CAIR
NOX
Ozone
Season
unit
at
the
source
at
least
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)

before
the
later
of
January
1,
2009
or
the
date
on
which
the
CAIR
NOX
Ozone
Season
unit
commences
operation.

(
b)
Duty
to
Reapply.
For
a
CAIR
NOX
Ozone
Season
source
required
to
have
a
title
V
operating
permit,
the
CAIR
designated
representative
shall
submit
a
complete
CAIR
permit
application
under
§
96.322
for
the
source
covering
each
CAIR
NOX
Ozone
Season
unit
at
the
source
to
renew
the
CAIR
permit
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
addressing
permit
renewal.

§
96.322
Information
requirements
for
CAIR
permit
applications.

A
complete
CAIR
permit
application
shall
include
the
following
elements
concerning
the
CAIR
NOX
Ozone
Season
source
for
which
the
application
is
submitted,
in
a
format
prescribed
by
the
permitting
authority:

(
a)
Identification
of
the
CAIR
NOX
Ozone
Season
source;

(
b)
Identification
of
each
CAIR
NOX
Ozone
Season
unit
at
the
CAIR
NOX
Ozone
Season
source;
and
(
c)
The
standard
requirements
under
§
96.306.

§
96.323
CAIR
permit
contents
and
term.

(
a)
Each
CAIR
permit
will
contain,
in
a
format
prescribed
by
DRAFT
­
12/
2/
04
the
permitting
authority,
all
elements
required
for
a
complete
CAIR
permit
application
under
§
96.322.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.302
and,
upon
recordation
by
the
Administrator
under
subpart
FFFF,
GGGG,
or
IIII
of
this
part,

every
allocation,
transfer,
or
deduction
of
a
CAIR
NOX
Ozone
Season
allowance
to
or
from
the
compliance
account
of
the
CAIR
NOX
Ozone
Season
source
covered
by
the
permit.

(
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
NOX
Ozone
Season
source's
title
V
operating
permit
or
other
federally
enforceable
permit
as
applicable.

§
96.324
CAIR
permit
revisions.

Except
as
provided
in
§
96.323(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable
addressing
permit
revisions.

Subpart
DDDD
 
[
Reserved]

Subpart
EEEE
 
CAIR
NOX
Ozone
Season
Allowance
Allocations
§
96.340
State
trading
budgets.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
the
State
trading
budgets
for
annual
allocations
of
CAIR
NOX
Ozone
DRAFT
­
12/
2/
04
Season
allowances
for
the
control
periods
in
2009
through
2014
and
in
2015
and
thereafter
are
respectively
as
follows:

State
State
Trading
Budget
for
2009­
2014
(
tons)
State
Trading
Budget
for
2015
and
thereafter
(
tons)
Alabama
32,182
26,818
Arkansas
11,515
9,596
Connecticut
2,559
2,559
Delaware
2,226
1,855
District
of
Columbia
112
94
Florida
47,912
39,926
Illinois
30,701
28,981
Indiana
45,952
39,273
Iowa
14,263
11,886
Kentucky
36,045
30,587
Louisiana
17,085
14,238
Maryland
12,834
10,695
Massachusetts
7,551
6,293
Michigan
28,971
24,142
Mississippi
8,714
7,262
Missouri
26,678
22,231
New
Jersey
6,654
5,545
New
York
20,632
17,193
North
Carolina
28,392
23,660
Ohio
45,664
39,945
Pennsylvania
42,171
35,143
South
Carolina
15,249
12,707
Tennessee
22,842
19,035
Virginia
15,994
13,328
West
Virginia
26,859
26,525
Wisconsin
17,987
14,989
(
b)
If
a
permitting
authority
issues
additional
CAIR
NOX
Ozone
Season
allowance
allocations
under
§
51.123(
aa)(
2)(
iii)(
A)

of
this
chapter,
the
amount
in
the
State
trading
budget
for
a
control
period
in
a
calendar
year
will
be
the
sum
of
the
amount
set
forth
for
the
State
and
for
the
year
in
paragraph
(
a)
of
this
section
and
the
amount
of
additional
CAIR
NOX
Ozone
Season
allowance
allocations
issued
under
§
51.123(
aa)(
2)(
iii)(
A)
of
this
chapter
for
the
year.
DRAFT
­
12/
2/
04
§
96.341
Timing
requirements
for
CAIR
NOX
Ozone
Season
allowance
allocations.

(
a)
By
October
31,
2006,
the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.342(
a)
and
(
b),
for
the
control
periods
in
2009,
2010,
2011,
2012,
2013,
and
2014.

(
b)(
1)
By
October
31,
2009
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.342(
a)
and
(
b),
for
the
control
period
in
the
sixth
year
after
the
year
of
the
applicable
deadline
for
submission
under
this
paragraph.

(
2)
If
the
permitting
authority
fails
to
submit
to
the
Administrator
the
CAIR
NOX
Ozone
Season
allowance
allocations
in
accordance
with
paragraph
(
b)(
1),
the
Administrator
will
assume
that
the
allocations
of
CAIR
NOX
Ozone
Season
allowances
for
the
applicable
control
period
are
the
same
as
for
the
control
period
that
immediately
precedes
the
applicable
control
period,
except
that,
if
the
applicable
control
period
is
in
2015,
the
Administrator
will
assume
that
the
allocations
equal
83
percent
of
the
allocations
for
the
control
period
that
immediately
precedes
the
applicable
control
period.
DRAFT
­
12/
2/
04
(
c)(
1)
By
July
31,
2009
and
July
31
of
each
year
thereafter,

the
permitting
authority
will
submit
to
the
Administrator
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
a
format
prescribed
by
the
Administrator
and
in
accordance
with
§
96.342(
c)
and
(
d),
for
the
control
period
in
the
year
of
the
applicable
deadline
for
submission
under
this
paragraph.

(
2)
If
the
permitting
authority
fails
to
submit
to
the
Administrator
the
CAIR
NOX
Ozone
Season
allowance
allocations
in
accordance
with
paragraph
(
c)(
1),
the
Administrator
will
assume
that
the
allocations
of
CAIR
NOX
Ozone
Season
allowances
for
the
applicable
control
period
are
the
same
as
for
the
control
period
that
immediately
precedes
the
applicable
control
period,
except
that,
if
the
applicable
control
period
is
in
2015,
the
Administrator
will
assume
that
the
allocations
equal
83
percent
of
the
allocations
for
the
control
period
that
immediately
precedes
the
applicable
control
period
and
except
that
any
CAIR
NOX
Ozone
Season
unit
that
would
otherwise
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
96.342(
a)
and
(
b),
as
well
as
under
§
96.342(
c)
and
(
d),
for
the
applicable
control
period
will
be
assumed
to
be
allocated
no
CAIR
NOX
Ozone
Season
allowances
under
§
96.342(
c)
and
(
d)
for
the
applicable
control
period.

§
96.342
CAIR
NOX
Ozone
Season
allowance
allocations.

(
a)(
1)
The
baseline
heat
input
(
in
mmBtu)
used
with
respect
to
CAIR
NOX
Ozone
Season
allowance
allocations
under
paragraph
(
b)
DRAFT
­
12/
2/
04
of
this
section
for
each
CAIR
NOX
Ozone
Season
unit
will
be:

(
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
NOX
emissions
during
a
calendar
year
under
paragraph
(
c)(
3)
of
DRAFT
­
12/
2/
04
this
section,
will
be
determined
in
accordance
with
part
75
of
this
chapter,
to
the
extent
the
unit
was
otherwise
subject
to
the
requirements
of
part
75
of
this
chapter
for
the
year,
or
will
be
based
on
the
best
available
data
reported
to
the
permitting
authority
for
the
unit,
to
the
extent
the
unit
was
not
otherwise
subject
to
the
requirements
of
part
75
of
this
chapter
for
the
year.

(
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
of
the
steam
produced
by
the
DRAFT
­
12/
2/
04
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
3,414
Btu/
kWh,
plus
the
total
heat
energy
of
the
steam
produced
by
any
associated
heat
recovery
steam
generator
during
the
control
period
multiplied
by
0.8,
and
with
the
sum
divided
by
1,000,000
Btu/
mmBtu.

(
b)(
1)
For
each
control
period
in
2009
and
thereafter,
the
permitting
authority
will
allocate
to
all
CAIR
NOX
Ozone
Season
units
in
the
State
that
have
a
baseline
heat
input
(
as
determined
under
paragraph
(
a)
of
this
section)
a
total
amount
of
CAIR
NOX
Ozone
Season
allowances
equal
to
95
percent
for
a
control
period
during
2009
through
2014,
and
97
percent
for
a
control
period
during
2015
and
thereafter,
of
the
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.340
(
except
as
provided
in
paragraph
(
d)
of
this
section).

(
2)
The
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
each
CAIR
NOX
Ozone
Season
unit
under
paragraph
(
b)(
1)
of
this
section
in
an
amount
determined
by
multiplying
the
total
amount
of
CAIR
NOX
Ozone
Season
allowances
DRAFT
­
12/
2/
04
allocated
under
paragraph
(
b)(
1)
of
this
section
by
the
ratio
of
the
baseline
heat
input
of
such
unit
to
the
total
amount
of
baseline
heat
input
of
all
CAIR
NOX
Ozone
Season
units
in
the
State
and
rounding
to
the
nearest
whole
allowance
as
appropriate.

(
c)
For
each
control
period
in
2009
and
thereafter,
the
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
CAIR
NOX
Ozone
Season
units
in
the
State
that
commenced
operation
on
or
after
January
1,
2001
and
do
not
yet
have
a
baseline
heat
input
(
as
determined
under
paragraph
(
a)
of
this
section),
in
accordance
with
the
following
procedures:

(
1)
The
permitting
authority
will
establish
a
separate
new
unit
set­
aside
for
each
control
period.
Each
new
unit
set­
aside
will
be
allocated
CAIR
NOX
Ozone
Season
allowances
equal
to
5
percent
for
a
control
period
in
2009
through
2013,
and
3
percent
for
a
control
period
in
2014
and
thereafter,
of
the
amount
of
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.340.

(
2)
The
CAIR
designated
representative
of
such
a
CAIR
NOX
Ozone
Season
unit
may
submit
to
the
permitting
authority
a
request,
in
a
format
specified
by
the
permitting
authority,
to
be
allocated
CAIR
NOX
Ozone
Season
allowances,
starting
with
the
later
of
the
control
period
in
2009
or
the
first
control
period
after
the
control
period
in
which
the
CAIR
NOX
Ozone
Season
unit
commences
commercial
operation
and
until
the
first
control
period
for
which
the
unit
is
allocated
CAIR
NOX
Ozone
Season
allowances
DRAFT
­
12/
2/
04
under
paragraph
(
b)
of
this
section.
The
CAIR
NOX
Ozone
Season
allowance
allocation
request
must
be
submitted
on
or
before
March
1
of
the
first
control
period
for
which
the
CAIR
NOX
Ozone
Season
allowances
are
requested
and
after
the
date
on
which
the
CAIR
NOX
Ozone
Season
unit
commences
commercial
operation.

(
3)
In
a
CAIR
NOX
Ozone
Season
allowance
allocation
request
under
paragraph
(
c)(
2)
of
this
section,
the
CAIR
designated
representative
may
request
for
a
control
period
CAIR
NOX
Ozone
Season
allowances
in
an
amount
not
exceeding
the
CAIR
NOX
Ozone
Season
unit's
total
tons
of
NOX
emissions
during
the
control
period
immediately
before
such
control
period.

(
4)
The
permitting
authority
will
review
each
CAIR
NOX
Ozone
Season
allowance
allocation
request
under
paragraph
(
c)(
2)
of
this
section
and
will
allocate
CAIR
NOX
Ozone
Season
allowances
for
each
control
period
pursuant
to
such
request
as
follows:

(
i)
The
permitting
authority
will
accept
an
allowance
allocation
request
only
if
the
request
meets,
or
is
adjusted
by
the
permitting
authority
as
necessary
to
meet,
the
requirements
of
paragraphs
(
c)(
2)
and
(
3)
of
this
section.

(
ii)
On
or
after
March
1
of
the
control
period,
the
permitting
authority
will
determine
the
sum
of
the
CAIR
NOX
Ozone
Season
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section)
in
all
allowance
allocation
requests
accepted
under
paragraph
(
c)(
4)(
i)
of
this
section
for
the
DRAFT
­
12/
2/
04
control
period.

(
iii)
If
the
amount
of
CAIR
NOX
Ozone
Season
allowances
in
the
new
unit
set­
aside
for
the
control
period
is
greater
than
or
equal
to
the
sum
under
paragraph
(
c)(
4)(
ii)
of
this
section,
then
the
permitting
authority
will
allocate
the
amount
of
CAIR
NOX
Ozone
Season
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section)
to
each
CAIR
NOX
Ozone
Season
unit
covered
by
an
allowance
allocation
request
accepted
under
paragraph
(
c)(
4)(
i)
of
this
section.

(
iv)
If
the
amount
of
CAIR
NOX
Ozone
Season
allowances
in
the
new
unit
set­
aside
for
the
control
period
is
less
than
the
sum
under
paragraph
(
c)(
4)(
ii)
of
this
section,
then
the
permitting
authority
will
allocate
to
each
CAIR
NOX
Ozone
Season
unit
covered
by
an
allowance
allocation
request
accepted
under
paragraph
(
c)(
4)(
i)
of
this
section
the
amount
of
the
CAIR
NOX
Ozone
Season
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section),
multiplied
by
the
number
of
CAIR
NOX
Ozone
Season
allowances
in
the
new
unit
set­
aside
for
the
control
period,

divided
by
the
sum
determined
under
paragraph
(
c)(
4)(
ii)
of
this
section,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
v)
The
permitting
authority
will
notify
each
CAIR
designated
representative
that
submitted
an
allowance
allocation
request
of
the
amount
of
CAIR
NOX
Ozone
Season
allowances
(
if
any)
DRAFT
­
12/
2/
04
allocated
for
the
control
period
to
the
CAIR
NOX
Ozone
Season
unit
covered
by
the
request.

(
d)
If,
after
completion
of
the
procedures
under
paragraph
(
c)(
4)
of
this
section
for
a
control
period,
any
unallocated
CAIR
NOX
Ozone
Season
allowances
remain
in
the
new
unit
set­
aside
for
the
control
period,
the
permitting
authority
will
allocate
to
each
CAIR
NOX
Ozone
Season
unit
that
was
allocated
CAIR
NOX
Ozone
Season
allowances
under
paragraph
(
b)
of
this
section
an
amount
of
CAIR
NOX
Ozone
Season
allowances
equal
to
the
total
amount
of
such
remaining
unallocated
CAIR
NOX
Ozone
Season
allowances,

multiplied
by
the
unit's
allocation
under
paragraph
(
b)
of
this
section,
divided
by
95
percent
for
a
control
period
during
2009
through
2014,
and
97
percent
for
a
control
period
during
2015
and
thereafter,
of
the
amount
of
tons
of
NOX
emissions
in
the
State
trading
budget
under
§
96.340,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

Subpart
FFFF
 
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
§
96.350
[
Reserved]

§
96.351
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
96.384(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
96.313,
the
Administrator
will
establish
a
compliance
account
for
the
CAIR
NOX
Ozone
Season
source
for
which
the
certificate
of
representation
was
submitted,
unless
the
source
already
has
a
DRAFT
­
12/
2/
04
compliance
account.

(
b)
General
accounts.

(
1)
Application
for
general
account.

(
i)
Any
person
may
apply
to
open
a
general
account
for
the
purpose
of
holding
and
transferring
CAIR
NOX
Ozone
Season
allowances.
An
application
for
a
general
account
may
designate
one
and
only
one
CAIR
authorized
account
representative
and
one
and
only
one
alternate
CAIR
authorized
account
representative
who
may
act
on
behalf
of
the
CAIR
authorized
account
representative.

The
agreement
by
which
the
alternate
CAIR
authorized
account
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
authorized
account
representative
to
act
in
lieu
of
the
CAIR
authorized
account
representative.

(
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
DRAFT
­
12/
2/
04
authorized
account
representative
to
represent
their
ownership
interest
with
respect
to
the
allowances
held
in
the
general
account;

(
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
allowances
held
in
the
general
account.

I
certify
that
I
have
all
the
necessary
authority
to
carry
out
my
duties
and
responsibilities
under
the
CAIR
NOX
Ozone
Season
Trading
Program
on
behalf
of
such
persons
and
that
each
such
person
shall
be
fully
bound
by
my
representations,
actions,

inactions,
or
submissions
and
by
any
order
or
decision
issued
to
me
by
the
Administrator
or
a
court
regarding
the
general
account."

(
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
DRAFT
­
12/
2/
04
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.

(
i)
Upon
receipt
by
the
Administrator
of
a
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section:

(
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
NOX
Ozone
Season
allowances
held
in
the
general
account
in
all
matters
pertaining
to
the
CAIR
NOX
Ozone
Season
Trading
Program,
notwithstanding
any
agreement
between
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
and
such
person.
Any
such
person
shall
be
bound
by
any
order
or
decision
issued
to
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
by
the
Administrator
or
a
court
regarding
the
general
account.

(
C)
Any
representation,
action,
inaction,
or
submission
by
any
alternate
CAIR
authorized
account
representative
shall
be
DRAFT
­
12/
2/
04
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
NOX
Ozone
Season
allowances
held
in
the
general
account.
Each
such
submission
shall
include
the
following
certification
statement
by
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
persons
having
an
ownership
interest
with
respect
to
the
CAIR
NOX
Ozone
Season
allowances
held
in
the
general
account.
I
certify
under
penalty
of
law
that
I
have
personally
examined,
and
am
familiar
with,
the
statements
and
information
submitted
in
this
document
and
all
its
attachments.
Based
on
my
inquiry
of
those
individuals
with
primary
responsibility
for
obtaining
the
information,
I
certify
that
the
statements
and
information
are
to
the
best
of
my
knowledge
and
belief
true,

accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
statements
and
information
or
omitting
required
statements
and
information,
including
the
possibility
of
fine
or
imprisonment."

(
iii)
The
Administrator
will
accept
or
act
on
a
submission
DRAFT
­
12/
2/
04
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.

(
i)
The
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
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
CAIR
authorized
account
representative
and
the
persons
with
an
ownership
interest
with
respect
to
the
CAIR
NOX
Ozone
Season
allowances
in
the
general
account.

(
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
DRAFT
­
12/
2/
04
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
NOX
Ozone
Season
allowances
in
the
general
account.

(
iii)(
A)
In
the
event
a
new
person
having
an
ownership
interest
with
respect
to
CAIR
NOX
Ozone
Season
allowances
in
the
general
account
is
not
included
in
the
list
of
such
persons
in
the
application
for
a
general
account,
such
new
person
shall
be
deemed
to
be
subject
to
and
bound
by
the
application
for
a
general
account,
the
representation,
actions,
inactions,
and
submissions
of
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative
of
the
account,

and
the
decisions
and
orders
of
the
Administrator
or
a
court,
as
if
the
new
person
were
included
in
such
list.

(
B)
Within
30
days
following
any
change
in
the
persons
having
an
ownership
interest
with
respect
to
CAIR
NOX
Ozone
Season
allowances
in
the
general
account,
including
the
addition
of
persons,
the
CAIR
authorized
account
representative
or
any
alternate
CAIR
authorized
account
representative
shall
submit
a
revision
to
the
application
for
a
general
account
amending
the
list
of
persons
having
an
ownership
interest
with
respect
to
the
CAIR
NOX
Ozone
Season
allowances
in
the
general
account
to
include
the
change.
DRAFT
­
12/
2/
04
(
4)
Objections
concerning
CAIR
authorized
account
representative.

(
i)
Once
a
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
has
been
submitted
and
received,

the
Administrator
will
rely
on
the
application
unless
and
until
a
superseding
complete
application
for
a
general
account
under
paragraph
(
b)(
1)
of
this
section
is
received
by
the
Administrator.

(
ii)
Except
as
provided
in
paragraph
(
b)(
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
alternative
CAIR
authorized
account
representative
for
a
general
account
shall
affect
any
representation,
action,
inaction,
or
submission
of
the
CAIR
authorized
account
representative
or
any
alternative
CAIR
authorized
account
representative
or
the
finality
of
any
decision
or
order
by
the
Administrator
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
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
alternative
CAIR
authorized
account
representative
for
a
general
account,
including
private
legal
DRAFT
­
12/
2/
04
disputes
concerning
the
proceeds
of
CAIR
NOX
Ozone
Season
allowance
transfers.

(
c)
Account
identification.
The
Administrator
will
assign
a
unique
identifying
number
to
each
account
established
under
paragraph
(
a)
or
(
b)
of
this
section.

§
96.352
Responsibilities
of
CAIR
authorized
account
representative.

Following
the
establishment
of
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account,
all
submissions
to
the
Administrator
pertaining
to
the
account,
including,
but
not
limited
to,
submissions
concerning
the
deduction
or
transfer
of
CAIR
NOX
Ozone
Season
allowances
in
the
account,
shall
be
made
only
by
the
CAIR
authorized
account
representative
for
the
account.

§
96.353
Recordation
of
CAIR
NOX
Ozone
Season
allowance
allocations.

(
a)
By
January
1,
2007,
the
Administrator
will
record
in
the
CAIR
NOX
Ozone
Season
source's
compliance
account
the
CAIR
NOX
Ozone
Season
allowances
allocated
for
the
CAIR
NOX
Ozone
Season
units
at
a
source,
as
submitted
by
the
permitting
authority
in
accordance
with
§
96.341(
a),
for
the
control
periods
in
2009,

2010,
2011,
2012,
2013,
and
2014.

(
b)
By
January
1,
2010,
the
Administrator
will
record
in
the
CAIR
NOX
Ozone
Season
source's
compliance
account
the
CAIR
NOX
DRAFT
­
12/
2/
04
Ozone
Season
allowances
allocated
for
the
CAIR
NOX
Ozone
Season
units
at
the
source,
as
submitted
by
the
permitting
authority
or
as
determined
by
the
Administrator
in
accordance
with
§
96.341(
b),
for
the
control
period
in
2015.

(
c)
By
January
1,
2011
and
January
1
of
each
year
thereafter,
after
the
Administrator
has
made
all
deductions
(
if
any)
from
a
CAIR
NOX
Ozone
Season
source's
compliance
account
under
§
96.354,
the
Administrator
will
record
in
the
CAIR
NOX
Ozone
Season
source's
compliance
account
the
CAIR
NOX
Ozone
Season
allowances
allocated
for
the
CAIR
NOX
Ozone
Season
units
at
the
source,
as
submitted
by
the
permitting
authority
or
determined
by
the
Administrator
in
accordance
with
§
96.341(
b),
for
the
control
period
in
the
sixth
year
after
the
year
of
the
control
period
for
which
such
deductions
were
or
could
have
been
made.

(
d)
By
October
1,
2009
and
October
1
of
each
year
thereafter,
the
Administrator
will
record
in
the
CAIR
NOX
Ozone
Season
source's
compliance
account
the
CAIR
NOX
Ozone
Season
allowances
allocated
for
the
CAIR
NOX
Ozone
Season
units
at
the
source,
as
submitted
by
the
permitting
authority
or
determined
by
the
Administrator
in
accordance
with
§
96.341(
c),
for
the
control
period
in
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
e)
Serial
numbers
for
allocated
CAIR
NOX
Ozone
Season
allowances.
When
recording
the
allocation
of
CAIR
NOX
Ozone
DRAFT
­
12/
2/
04
Season
allowances
for
a
CAIR
NOX
Ozone
Season
unit
in
a
compliance
account,
the
Administrator
will
assign
each
CAIR
NOX
Ozone
Season
allowance
a
unique
identification
number
that
will
include
digits
identifying
the
year
of
the
control
period
for
which
the
CAIR
NOX
Ozone
Season
allowance
is
allocated.

§
96.354
Compliance
with
CAIR
NOX
Ozone
Season
emissions
limitation.

(
a)
Allowance
transfer
deadline.
The
CAIR
NOX
Ozone
Season
allowances
are
available
to
be
deducted
for
compliance
with
a
source's
CAIR
NOX
Ozone
Season
emissions
limitation
for
a
control
period
in
a
given
calendar
year
only
if
the
CAIR
NOX
Ozone
Season
allowances:

(
1)
Were
allocated
for
the
control
period
in
the
year
or
a
prior
year;

(
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
NOX
Ozone
Season
allowance
transfer
correctly
submitted
for
recordation
under
§
96.360
by
the
allowance
transfer
deadline
for
the
control
period;
and
(
3)
Are
not
necessary
for
deductions
for
excess
emissions
for
a
prior
control
period
under
paragraph
(
d)
of
this
section.

(
b)
Deductions
for
compliance.
Following
the
recordation,
in
accordance
with
§
96.361,
of
CAIR
NOX
Ozone
Season
allowance
transfers
submitted
for
recordation
in
a
source's
compliance
DRAFT
­
12/
2/
04
account
by
the
allowance
transfer
deadline
for
a
control
period,

the
Administrator
will
deduct
from
the
compliance
account
CAIR
NOX
Ozone
Season
allowances
available
under
paragraph
(
a)
of
this
section
in
order
to
determine
whether
the
source
meets
the
CAIR
NOX
Ozone
Season
emissions
limitation
for
the
control
period,
as
follows:

(
1)
Until
the
amount
of
CAIR
NOX
Ozone
Season
allowances
deducted
equals
the
number
of
tons
of
total
nitrogen
oxides
emissions,
determined
in
accordance
with
subpart
HHHH
of
this
part,
from
all
CAIR
NOX
Ozone
Season
units
at
the
source
for
the
control
period;
or
(
2)
If
there
are
insufficient
CAIR
NOX
Ozone
Season
allowances
to
complete
the
deductions
in
paragraph
(
b)(
1)
of
this
section,
until
no
more
CAIR
NOX
Ozone
Season
allowances
available
under
paragraph
(
a)
of
this
section
remain
in
the
compliance
account.

(
c)(
1)
Identification
of
CAIR
NOX
Ozone
Season
allowances
by
serial
number.
The
CAIR
authorized
account
representative
for
a
source's
compliance
account
may
request
that
specific
CAIR
NOX
Ozone
Season
allowances,
identified
by
serial
number,
in
the
compliance
account
be
deducted
for
emissions
or
excess
emissions
for
a
control
period
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
control
DRAFT
­
12/
2/
04
period
and
include,
in
a
format
prescribed
by
the
Administrator,

the
identification
of
the
CAIR
NOX
Ozone
Season
source
and
the
appropriate
serial
numbers.

(
2)
First­
in,
first­
out.
The
Administrator
will
deduct
CAIR
NOX
Ozone
Season
allowances
under
paragraph
(
b)
or
(
d)
of
this
section
from
the
source's
compliance
account,
in
the
absence
of
an
identification
or
in
the
case
of
a
partial
identification
of
CAIR
NOX
Ozone
Season
allowances
by
serial
number
under
paragraph
(
c)(
1)
of
this
section,
on
a
first­
in,
first­
out
(
FIFO)

accounting
basis
in
the
following
order:

(
i)
Any
CAIR
NOX
Ozone
Season
allowances
that
were
allocated
to
the
units
at
the
source,
in
the
order
of
recordation;
and
then
(
ii)
Any
CAIR
NOX
Ozone
Season
allowances
that
were
allocated
to
any
unit
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GG
of
this
part,
in
the
order
of
recordation.

(
d)
Deductions
for
excess
emissions.

(
1)
After
making
the
deductions
for
compliance
under
paragraph
(
b)
of
this
section
for
a
control
period
in
a
calendar
year
in
which
the
CAIR
NOX
Ozone
Season
source
has
excess
emissions,
the
Administrator
will
deduct
from
the
source's
compliance
account
an
amount
of
CAIR
NOX
Ozone
Season
allowances,

allocated
for
the
control
period
in
the
immediately
following
calendar
year,
equal
to
3
times
the
number
of
tons
of
the
DRAFT
­
12/
2/
04
source's
excess
emissions.

(
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
NOX
Ozone
Season
source
or
the
CAIR
NOX
Ozone
Season
units
at
the
source
for
any
fine,
penalty,
or
assessment,
or
their
obligation
to
comply
with
any
other
remedy,

for
the
same
violations,
as
ordered
under
the
Clean
Air
Act
or
applicable
State
law.

(
e)
Recordation
of
deductions.
The
Administrator
will
record
in
the
appropriate
compliance
account
all
deductions
from
such
an
account
under
paragraph
(
b)
or
(
d)
of
this
section.

(
f)
Administrator's
action
on
submissions.

(
1)
The
Administrator
may
review
and
conduct
independent
audits
concerning
any
submission
under
the
CAIR
NOX
Ozone
Season
Trading
Program
and
make
appropriate
adjustments
of
the
information
in
the
submissions.

(
2)
The
Administrator
may
deduct
CAIR
NOX
Ozone
Season
allowances
from
or
transfer
CAIR
NOX
Ozone
Season
allowances
to
a
source's
compliance
account
based
on
the
information
in
the
submissions,
as
adjusted
under
paragraph
(
f)(
1)
of
this
section.

§
96.355
Banking.

(
a)
CAIR
NOX
Ozone
Season
allowances
may
be
banked
for
future
use
or
transfer
in
a
compliance
account
or
a
general
account
in
accordance
with
paragraph
(
b)
of
this
section.
DRAFT
­
12/
2/
04
(
b)
Any
CAIR
NOX
Ozone
Season
allowance
that
is
held
in
a
compliance
account
or
a
general
account
will
remain
in
such
account
unless
and
until
the
CAIR
NOX
Ozone
Season
allowance
is
deducted
or
transferred
under
§
96.354,
§
96.356,
or
subpart
GG
of
this
part.

§
96.356
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account.
Within
10
business
days
of
making
such
correction,
the
Administrator
will
notify
the
CAIR
authorized
account
representative
for
the
account.

§
96.357
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
96.360
for
any
CAIR
NOX
Ozone
Season
allowances
in
the
account
to
one
or
more
other
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
accounts.

(
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
NOX
Ozone
Season
allowances,
the
Administrator
may
notify
the
CAIR
authorized
account
representative
for
the
account
that
the
account
will
be
closed
following
20
business
days
after
the
notice
is
sent.
The
account
will
be
closed
after
DRAFT
­
12/
2/
04
the
20­
day
period
unless,
before
the
end
of
the
20­
day
period,

the
Administrator
receives
a
correctly
submitted
transfer
of
CAIR
NOX
Ozone
Season
allowances
into
the
account
under
§
96.360
or
a
statement
submitted
by
the
CAIR
authorized
account
representative
demonstrating
to
the
satisfaction
of
the
Administrator
good
cause
as
to
why
the
account
should
not
be
closed.

Subpart
GGGG
 
CAIR
NOX
Ozone
Season
Allowance
Transfers
§
96.360
Submission
of
CAIR
NOX
Ozone
Season
allowance
transfers.

A
CAIR
authorized
account
representative
seeking
recordation
of
a
CAIR
NOX
Ozone
Season
allowance
transfer
shall
submit
the
transfer
to
the
Administrator.
To
be
considered
correctly
submitted,
the
CAIR
NOX
Ozone
Season
allowance
transfer
shall
include
the
following
elements,
in
a
format
specified
by
the
Administrator:

(
a)
The
account
numbers
for
both
the
transferor
and
transferee
accounts;

(
b)
The
serial
number
of
each
CAIR
NOX
Ozone
Season
allowance
that
is
in
the
transferor
account
and
is
to
be
transferred;
and
(
c)
The
name
and
signature
of
the
CAIR
authorized
account
representative
of
the
transferor
account
and
the
date
signed.

§
96.361
EPA
recordation.

(
a)
Within
5
business
days
(
except
as
provided
in
paragraph
(
b)
of
this
section)
of
receiving
a
CAIR
NOX
Ozone
Season
allowance
transfer,
the
Administrator
will
record
a
CAIR
NOX
Ozone
DRAFT
­
12/
2/
04
Season
allowance
transfer
by
moving
each
CAIR
NOX
Ozone
Season
allowance
from
the
transferor
account
to
the
transferee
account
as
specified
by
the
request,
provided
that:

(
1)
The
transfer
is
correctly
submitted
under
§
96.360;
and
(
2)
The
transferor
account
includes
each
CAIR
NOX
Ozone
Season
allowance
identified
by
serial
number
in
the
transfer.

(
b)
A
CAIR
NOX
Ozone
Season
allowance
transfer
that
is
submitted
for
recordation
after
the
allowance
transfer
deadline
for
a
control
period
and
that
includes
any
CAIR
NOX
Ozone
Season
allowances
allocated
for
any
control
period
before
such
allowance
transfer
deadline
will
not
be
recorded
until
after
the
Administrator
completes
the
deductions
under
§
96.354
for
the
control
period
immediately
before
such
allowance
transfer
deadline.

(
c)
Where
a
CAIR
NOX
Ozone
Season
allowance
transfer
submitted
for
recordation
fails
to
meet
the
requirements
of
paragraph
(
a)
of
this
section,
the
Administrator
will
not
record
such
transfer.

§
96.362
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
NOX
Ozone
Season
allowance
transfer
under
§
96.361,
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
the
transferor
and
transferee
accounts.

(
b)
Notification
of
non­
recordation.
Within
10
business
DRAFT
­
12/
2/
04
days
of
receipt
of
a
CAIR
NOX
Ozone
Season
allowance
transfer
that
fails
to
meet
the
requirements
of
§
96.361(
a),
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
accounts
subject
to
the
transfer
of:

(
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
NOX
Ozone
Season
allowance
transfer
for
recordation
following
notification
of
non­
recordation.

Subpart
HHHH
 
Monitoring
and
Reporting
§
96.370
General
Requirements.

The
owners
and
operators,
and
to
the
extent
applicable,
the
CAIR
designated
representative,
of
a
CAIR
NOX
Ozone
Season
unit,

shall
comply
with
the
monitoring,
recordkeeping,
and
reporting
requirements
as
provided
in
this
subpart
and
in
subpart
H
of
part
75
of
this
chapter.
For
purposes
of
complying
with
such
requirements,
the
definitions
in
§
96.302
and
in
§
72.2
of
this
chapter
shall
apply,
and
the
terms
"
affected
unit,"
"
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
in
part
75
of
this
chapter
shall
be
deemed
to
refer
to
the
terms
"
CAIR
NOX
Ozone
Season
unit,"
"
CAIR
designated
representative,"
and
"
continuous
emission
monitoring
system"
(
or
"
CEMS")
respectively,
as
defined
in
§
96.302.
The
owner
or
operator
of
a
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
but
DRAFT
­
12/
2/
04
that
is
monitored
under
§
75.72(
b)(
2)(
ii)
of
this
chapter
shall
comply
with
the
same
monitoring,
recordkeeping,
and
reporting
requirements
as
a
CAIR
NOX
Ozone
Season
unit.

(
a)
Requirements
for
installation,
certification,
and
data
accounting.
The
owner
or
operator
of
each
CAIR
NOX
Ozone
Season
unit
shall:

(
1)
Install
all
monitoring
systems
required
under
this
subpart
for
monitoring
NOX
mass
emissions
and
individual
unit
heat
input
(
including
all
systems
required
to
monitor
NOX
emission
rate,
NOX
concentration,
stack
gas
moisture
content,
stack
gas
flow
rate,
CO2
or
O2
concentration,
and
fuel
flow
rate,
as
applicable,
in
accordance
with
§
§
75.71
and
75.72
of
this
chapter);

(
2)
Successfully
complete
all
certification
tests
required
under
§
96.371
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section;
and
(
3)
Record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section.

(
b)
Compliance
deadlines.
The
owner
or
operator
shall
meet
the
monitoring
system
certification
and
other
requirements
of
paragraphs
(
a)(
1)
and
(
2)
of
this
section
on
or
before
the
following
dates.
The
owner
or
operator
shall
record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
DRAFT
­
12/
2/
04
paragraph
(
a)(
1)
of
this
section
on
and
after
the
following
dates.

(
1)
For
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
that
commences
commercial
operation
before
July
1,
2007,
by
May
1,
2008.

(
2)
For
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
that
commences
commercial
operation
on
or
after
July
1,
2007
and
that
reports
on
an
annual
basis
under
§
96.374(
d),
by
the
later
of
the
following
dates:

(
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,
if
the
compliance
date
under
paragraph
(
b)(
2)(
i)
is
before
May
1,
2008.

(
3)
For
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
that
commences
operation
on
or
after
July
1,
2007
and
that
reports
on
a
control
period
basis
under
§
96.374(
d)(
2)(
ii),
by
the
later
of
the
following
dates:

(
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)
is
not
during
a
control
period,
May
1
immediately
following
the
compliance
date
under
paragraph
(
b)(
3)(
i).
DRAFT
­
12/
2/
04
(
4)
For
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
for
which
construction
of
a
new
stack
or
flue
or
installation
of
add­
on
NOX
emission
controls
is
completed
after
the
applicable
deadline
under
paragraph
(
b)(
1),(
2),
(
6),
or
(
7)
of
this
section
and
that
reports
on
an
annual
basis
under
§
96.374(
d),
by
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
NOX
emissions
controls.

(
5)
For
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
for
which
construction
of
a
new
stack
or
flue
or
installation
of
add­
on
NOX
emission
controls
is
completed
after
the
applicable
deadline
under
paragraph
(
b)(
1),
(
3),
(
6),
or
(
7)
of
this
section
and
that
reports
on
a
control
period
basis
under
§
96.374(
d)(
2)(
ii),
by
the
later
of
the
following
dates:

(
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
NOX
emissions
controls;
or
(
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
DRAFT
­
12/
2/
04
which
a
CAIR
NOX
Ozone
Season
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,
by
the
date
specified
in
§
96.384(
b).

(
7)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1),
(
2),
and
(
3)
of
this
section
and
solely
for
purposes
of
§
96.306(
c)(
2),

for
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
opt­
in
unit,

by
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
96.384(
h).

(
c)
Reporting
data.

(
1)
Except
as
provided
in
paragraph
(
c)(
2)
of
this
section,

the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)
of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)
of
this
section
shall,
for
each
such
monitoring
system,

determine,
record,
and
report
maximum
potential
(
or,
as
appropriate,
minimum
potential)
values
for
NOX
concentration,
NOX
emission
rate,
stack
gas
flow
rate,
stack
gas
moisture
content,

fuel
flow
rate,
and
any
other
parameters
required
to
determine
NOX
mass
emissions
and
heat
input
in
accordance
with
§
75.31(
b)(
2)
or
(
c)(
3)
of
this
chapter,
section
2.4
of
appendix
D
to
part
75
of
this
chapter,
or
section
2.5
of
appendix
E
to
part
75
of
this
chapter,
as
applicable.
DRAFT
­
12/
2/
04
(
2)
The
owner
or
operator
of
a
CAIR
NOX
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)(
3)

of
this
section
for
any
monitoring
system
under
paragraph
(
a)(
1)

of
this
section
shall,
for
each
such
monitoring
system,

determine,
record,
and
report
substitute
data
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,
in
lieu
of
the
maximum
potential
(
or,
as
appropriate,
minimum
potential)

values,
for
a
parameter
if
the
owner
or
operator
demonstrates
that
there
is
continuity
between
the
data
streams
for
that
parameter
before
and
after
the
construction
or
installation
under
paragraph
(
b)(
3)
of
this
section.

(
d)
Prohibitions
(
1)
No
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
use
any
alternative
monitoring
system,
alternative
reference
method,
or
any
other
alternative
to
any
requirement
of
this
subpart
without
having
obtained
prior
written
approval
in
accordance
with
§
96.375.

(
2)
No
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
operate
the
unit
so
as
to
discharge,
or
allow
to
be
discharged,
NOX
emissions
to
the
atmosphere
without
accounting
for
all
such
emissions
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter.

(
3)
No
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
DRAFT
­
12/
2/
04
shall
disrupt
the
continuous
emission
monitoring
system,
any
portion
thereof,
or
any
other
approved
emission
monitoring
method,
and
thereby
avoid
monitoring
and
recording
NOX
mass
emissions
discharged
into
the
atmosphere,
except
for
periods
of
recertification
or
periods
when
calibration,
quality
assurance
testing,
or
maintenance
is
performed
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter.

(
4)
No
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
retire
or
permanently
discontinue
use
of
the
continuous
emission
monitoring
system,
any
component
thereof,
or
any
other
approved
monitoring
system
under
this
subpart,
except
under
any
one
of
the
following
circumstances:

(
i)
During
the
period
that
the
unit
is
covered
by
an
exemption
under
§
96.305
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
permitting
authority
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
replacement
monitoring
system
for
the
retired
or
discontinued
DRAFT
­
12/
2/
04
monitoring
system
in
accordance
with
§
96.371(
d)(
3)(
i).

§
96.371
Initial
certification
and
recertification
procedures.

(
a)
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
be
exempt
from
the
initial
certification
requirements
of
this
section
for
a
monitoring
system
under
§
96.370(
a)(
1)
if
the
following
conditions
are
met:

(
1)
The
monitoring
system
has
been
previously
certified
in
accordance
with
part
75
of
this
chapter;
and
(
2)
The
applicable
quality­
assurance
and
quality­
control
requirements
of
§
75.21
of
this
chapter
and
appendix
B,
appendix
D,
and
appendix
E
to
part
75
of
this
chapter
are
fully
met
for
the
certified
monitoring
system
described
in
paragraph
(
a)(
1)
of
this
section.

(
b)
The
recertification
provisions
of
this
section
shall
apply
to
a
monitoring
system
under
§
96.370(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
If
the
Administrator
has
previously
approved
a
petition
under
§
75.17(
a)
or
(
b)
of
this
chapter
for
apportioning
the
NOX
emission
rate
measured
in
a
common
stack
or
a
petition
under
§
75.66
of
this
chapter
for
an
alternative
to
a
requirement
in
§
75.12,
§
75.17,
or
subpart
H
of
part
75
of
this
chapter,
the
CAIR
designated
representative
shall
resubmit
the
petition
to
the
Administrator
under
§
96.375(
a)
to
determine
whether
the
approval
DRAFT
­
12/
2/
04
applies
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
d)
Except
as
provided
in
paragraph
(
a)
of
this
section,
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
comply
with
the
following
initial
certification
and
recertification
procedures
for
a
continuous
monitoring
system
(
i.
e.,
a
continuous
emission
monitoring
system
and
an
excepted
monitoring
system
under
appendices
D
and
E
to
part
75
of
this
chapter)
under
§
96.370(
a)(
1).
The
owner
or
operator
of
a
unit
that
qualifies
to
use
the
low
mass
emissions
excepted
monitoring
methodology
under
§
75.19
of
this
chapter
or
that
qualifies
to
use
an
alternative
monitoring
system
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
procedures
in
paragraph
(
e)
or
(
f)
of
this
section
respectively.

(
1)
Requirements
for
initial
certification.
The
owner
or
operator
shall
ensure
that
each
continuous
monitoring
system
under
§
96.370(
a)(
1)(
including
the
automated
data
acquisition
and
handling
system)
successfully
completes
all
of
the
initial
certification
testing
required
under
§
75.20
of
this
chapter
by
the
applicable
deadline
in
§
96.370(
b).
In
addition,
whenever
the
owner
or
operator
installs
a
monitoring
system
to
meet
the
requirements
of
this
subpart
in
a
location
where
no
such
monitoring
system
was
previously
installed,
initial
certification
in
accordance
with
§
75.20
of
this
chapter
is
required.

(
2)
Requirements
for
recertification.
Whenever
the
owner
DRAFT
­
12/
2/
04
or
operator
makes
a
replacement,
modification,
or
change
in
any
certified
continuous
emission
monitoring
system
under
§
96.370(
a)(
1)
that
may
significantly
affect
the
ability
of
the
system
to
accurately
measure
or
record
NOX
mass
emissions
or
heat
input
rate
or
to
meet
the
quality­
assurance
and
quality­
control
requirements
of
§
75.21
of
this
chapter
or
appendix
B
to
part
75
of
this
chapter,
the
owner
or
operator
shall
recertify
the
monitoring
system
in
accordance
with
§
75.20(
b)
of
this
chapter.

Furthermore,
whenever
the
owner
or
operator
makes
a
replacement,

modification,
or
change
to
the
flue
gas
handling
system
or
the
unit's
operation
that
may
significantly
change
the
stack
flow
or
concentration
profile,
the
owner
or
operator
shall
recertify
each
continuous
emission
monitoring
system
whose
accuracy
is
potentially
affected
by
the
change,
in
accordance
with
§
75.20(
b)

of
this
chapter.
Examples
of
changes
to
a
continuous
emission
monitoring
system
that
require
recertification
include:

replacement
of
the
analyzer,
complete
replacement
of
an
existing
continuous
emission
monitoring
system,
or
change
in
location
or
orientation
of
the
sampling
probe
or
site.
Any
fuel
flowmeter
systems,
and
any
excepted
NOX
monitoring
system
under
appendix
E
to
part
75
of
this
chapter,
under
§
96.370(
a)(
1)
are
subject
to
the
recertification
requirements
in
§
75.20(
g)(
6)
of
this
chapter.

(
3)
Approval
process
for
initial
certification
and
DRAFT
­
12/
2/
04
recertification.
Paragraphs
(
d)(
3)(
i)
through
(
iv)
of
this
section
apply
to
both
initial
certification
and
recertification
of
a
continuous
monitoring
system
under
§
96.370(
a)(
1).
For
recertifications,
replace
the
words
"
certification"
and
"
initial
certification"
with
the
word
"
recertification",
replace
the
word
"
certified"
with
the
word
"
recertified,"
and
follow
the
procedures
in
§
§
75.20(
b)(
5)
and
(
g)(
7)
of
this
chapter
in
lieu
of
the
procedures
in
paragraph
(
d)(
3)(
v)
of
this
section.

(
i)
Notification
of
certification.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority,
the
appropriate
EPA
Regional
Office,
and
the
Administrator
written
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
96.373.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
permitting
authority
a
certification
application
for
each
monitoring
system.
A
complete
certification
application
shall
include
the
information
specified
in
§
75.63
of
this
chapter.

(
iii)
Provisional
certification
date.
The
provisional
certification
date
for
a
monitoring
system
shall
be
determined
in
accordance
with
§
75.20(
a)(
3)
of
this
chapter.
A
provisionally
certified
monitoring
system
may
be
used
under
the
CAIR
NOX
Ozone
Season
Trading
Program
for
a
period
not
to
exceed
120
days
after
receipt
by
the
permitting
authority
of
the
complete
certification
DRAFT
­
12/
2/
04
application
for
the
monitoring
system
under
paragraph
(
d)(
3)(
ii)

of
this
section.
Data
measured
and
recorded
by
the
provisionally
certified
monitoring
system,
in
accordance
with
the
requirements
of
part
75
of
this
chapter,
will
be
considered
valid
qualityassured
data
(
retroactive
to
the
date
and
time
of
provisional
certification),
provided
that
the
permitting
authority
does
not
invalidate
the
provisional
certification
by
issuing
a
notice
of
disapproval
within
120
days
of
the
date
of
receipt
of
the
complete
certification
application
by
the
permitting
authority.

(
iv)
Certification
application
approval
process.
The
permitting
authority
will
issue
a
written
notice
of
approval
or
disapproval
of
the
certification
application
to
the
owner
or
operator
within
120
days
of
receipt
of
the
complete
certification
application
under
paragraph
(
d)(
3)(
ii)
of
this
section.
In
the
event
the
permitting
authority
does
not
issue
such
a
notice
within
such
120­
day
period,
each
monitoring
system
that
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter
and
is
included
in
the
certification
application
will
be
deemed
certified
for
use
under
the
CAIR
NOX
Ozone
Season
Trading
Program.

(
A)
Approval
notice.
If
the
certification
application
is
complete
and
shows
that
each
monitoring
system
meets
the
applicable
performance
requirements
of
part
75
of
this
chapter,

then
the
permitting
authority
will
issue
a
written
notice
of
approval
of
the
certification
application
within
120
days
of
DRAFT
­
12/
2/
04
receipt.

(
B)
Incomplete
application
notice.
If
the
certification
application
is
not
complete,
then
the
permitting
authority
will
issue
a
written
notice
of
incompleteness
that
sets
a
reasonable
date
by
which
the
CAIR
designated
representative
must
submit
the
additional
information
required
to
complete
the
certification
application.
If
the
CAIR
designated
representative
does
not
comply
with
the
notice
of
incompleteness
by
the
specified
date,

then
the
permitting
authority
may
issue
a
notice
of
disapproval
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section.
The
120­
day
review
period
shall
not
begin
before
receipt
of
a
complete
certification
application.

(
C)
Disapproval
notice.
If
the
certification
application
shows
that
any
monitoring
system
does
not
meet
the
performance
requirements
of
part
75
of
this
chapter
or
if
the
certification
application
is
incomplete
and
the
requirement
for
disapproval
under
paragraph
(
d)(
3)(
iv)(
B)
of
this
section
is
met,
then
the
permitting
authority
will
issue
a
written
notice
of
disapproval
of
the
certification
application.
Upon
issuance
of
such
notice
of
disapproval,
the
provisional
certification
is
invalidated
by
the
permitting
authority
and
the
data
measured
and
recorded
by
each
uncertified
monitoring
system
shall
not
be
considered
valid
quality­
assured
data
beginning
with
the
date
and
hour
of
provisional
certification
(
as
defined
under
§
75.20(
a)(
3)
of
this
DRAFT
­
12/
2/
04
chapter).
The
owner
or
operator
shall
follow
the
procedures
for
loss
of
certification
in
paragraph
(
d)(
3)(
v)
of
this
section
for
each
monitoring
system
that
is
disapproved
for
initial
certification.

(
D)
Audit
decertification.
The
permitting
authority
or,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
or
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
accordance
with
§
96.372(
b).

(
v)
Procedures
for
loss
of
certification.
If
the
permitting
authority
or
the
Administrator
issues
a
notice
of
disapproval
of
a
certification
application
under
paragraph
(
d)(
3)(
iv)(
C)
of
this
section
or
a
notice
of
disapproval
of
certification
status
under
paragraph
(
d)(
3)(
iv)(
D)
of
this
section,
then:

(
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(
b)(
5),
§
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)
For
a
disapproved
NOX
emission
rate
(
i.
e.,
NOX­
diluent)

system,
the
maximum
potential
NOX
emission
rate,
as
defined
in
§
DRAFT
­
12/
2/
04
72.2
of
this
chapter.

(
2)
For
a
disapproved
NOX
pollutant
concentration
monitor
and
disapproved
flow
monitor,
respectively,
the
maximum
potential
concentration
of
NOX
and
the
maximum
potential
flow
rate,
as
defined
in
sections
2.1.2.1
and
2.1.4.1
of
appendix
A
to
part
75
of
this
chapter.

(
3)
For
a
disapproved
moisture
monitoring
system
and
disapproved
diluent
gas
monitoring
system,
respectively,
the
minimum
potential
moisture
percentage
and
either
the
maximum
potential
CO2
concentration
or
the
minimum
potential
O2
concentration
(
as
applicable),
as
defined
in
sections
2.1.3.1,

and
2.1.3.2,
and
2.1.5
of
appendix
A
to
part
75
of
this
chapter.

(
4)
For
a
disapproved
fuel
flowmeter
system,
the
maximum
potential
fuel
flow
rate,
as
defined
in
section
2.4.2.1
of
appendix
D
to
part
75
of
this
chapter.

(
5)
For
a
disapproved
excepted
NOX
monitoring
system
under
appendix
E
to
part
75
of
this
chapter,
the
fuel­
specific
maximum
potential
NOX
emission
rate,
as
defined
in
§
72.2
of
this
chapter.

(
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
DRAFT
­
12/
2/
04
system,
as
indicated
in
the
permitting
authority's
or
the
Administrator's
notice
of
disapproval,
no
later
than
30
unit
operating
days
after
the
date
of
issuance
of
the
notice
of
disapproval.

(
e)
Initial
certification
and
recertification
procedures
for
units
using
the
low
mass
emission
excepted
methodology
under
§
75.19
of
this
chapter.
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)
Certification/
recertification
procedures
for
alternative
monitoring
systems.
The
CAIR
designated
representative
of
each
unit
for
which
the
owner
or
operator
intends
to
use
an
alternative
monitoring
system
approved
by
the
Administrator
and,

if
applicable,
the
permitting
authority
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.

§
96.372
Out
of
control
periods.

(
a)
Whenever
any
monitoring
system
fails
to
meet
the
quality­
assurance
and
quality­
control
requirements
or
data
DRAFT
­
12/
2/
04
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.
Whenever
both
an
audit
of
a
monitoring
system
and
a
review
of
the
initial
certification
or
recertification
application
reveal
that
any
monitoring
system
should
not
have
been
certified
or
recertified
because
it
did
not
meet
a
particular
performance
specification
or
other
requirement
under
§
96.371
or
the
applicable
provisions
of
part
75
of
this
chapter,
both
at
the
time
of
the
initial
certification
or
recertification
application
submission
and
at
the
time
of
the
audit,
the
permitting
authority
or,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
or
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
Administrator
will
issue
a
notice
of
disapproval
of
the
certification
status
of
such
monitoring
system.
For
the
purposes
of
this
paragraph,
an
audit
shall
be
either
a
field
audit
or
an
audit
of
any
information
submitted
to
the
permitting
authority
or
the
Administrator.
By
issuing
the
notice
of
disapproval,
the
permitting
authority
or
the
Administrator
revokes
prospectively
the
certification
status
of
the
monitoring
system.
The
data
measured
and
recorded
by
the
monitoring
system
shall
not
be
DRAFT
­
12/
2/
04
considered
valid
quality­
assured
data
from
the
date
of
issuance
of
the
notification
of
the
revoked
certification
status
until
the
date
and
time
that
the
owner
or
operator
completes
subsequently
approved
initial
certification
or
recertification
tests
for
the
monitoring
system.
The
owner
or
operator
shall
follow
the
applicable
initial
certification
or
recertification
procedures
in
§
96.371
for
each
disapproved
monitoring
system.

§
96.373
Notifications.

The
CAIR
designated
representative
for
a
CAIR
NOX
Ozone
Season
unit
shall
submit
written
notice
to
the
permitting
authority
and
the
Administrator
in
accordance
with
§
75.61
of
this
chapter,
except
that
if
the
unit
is
not
subject
to
an
Acid
Rain
emissions
limitation,
the
notification
is
only
required
to
be
sent
to
the
permitting
authority.

§
96.374
Recordkeeping
and
reporting.

(
a)
General
provisions.
The
CAIR
designated
representative
shall
comply
with
all
recordkeeping
and
reporting
requirements
in
this
section,
the
applicable
recordkeeping
and
reporting
requirements
under
§
75.73
of
this
chapter,
and
the
requirements
of
§
96.310(
e)(
1).

(
b)
Monitoring
Plans.
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
shall
comply
with
requirements
of
§
75.73(
c)

and
(
e)
of
this
chapter
and,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
DRAFT
­
12/
2/
04
in
permit
is
not
yet
issued
or
denied
under
subpart
IIII
of
this
part,
§
§
96.383
and
96.384(
a).

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
permitting
authority
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
96.371,

including
the
information
required
under
§
75.63
of
this
chapter.

(
d)
Quarterly
reports.
The
CAIR
designated
representative
shall
submit
quarterly
reports,
as
follows:

(
1)
If
the
CAIR
NOX
Ozone
Season
unit
is
subject
to
an
Acid
Rain
emissions
limitation
or
a
CAIR
NOX
emissions
limitation
or
if
the
owner
or
operator
of
such
unit
chooses
to
report
on
an
annual
basis
under
this
subpart,
the
CAIR
designated
representative
shall
meet
the
requirements
of
subpart
H
of
part
75
of
this
chapter
(
concerning
monitoring
of
NOX
mass
emissions)
for
such
unit
for
the
entire
year
and
shall
report
the
NOX
mass
emissions
data
and
heat
input
data
for
such
unit,
in
an
electronic
quarterly
report
in
a
format
prescribed
by
the
Administrator,
for
each
calendar
quarter
beginning
with:

(
i)
For
a
unit
that
commences
commercial
operation
before
July
1,
2007,
the
calendar
quarter
covering
May
1,
2008
through
June
30,
2008;
or
(
ii)
For
a
unit
that
commences
commercial
operation
on
or
after
July
1,
2007,
the
calendar
quarter
corresponding
to
the
DRAFT
­
12/
2/
04
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
96.370(
b),

unless
that
quarter
is
the
third
or
fourth
quarter
of
2007,
in
which
case
reporting
shall
commence
in
the
quarter
covering
May
1,
2008
through
June
30,
2008.

(
2)
If
the
CAIR
NOX
Ozone
Season
unit
is
not
subject
to
an
Acid
Rain
emissions
limitation
or
a
CAIR
NOX
emissions
limitation,

then
the
CAIR
designated
representative
shall
either:

(
i)
Meet
the
requirements
of
subpart
H
of
part
75
(
concerning
monitoring
of
NOX
mass
emissions)
for
such
unit
for
the
entire
year
and
report
the
NOX
mass
emissions
data
and
heat
input
data
for
such
unit
in
accordance
with
paragraph
(
d)(
1)
of
this
section;
or
(
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
NOX
mass
emissions
data
and
heat
input
data
(
including
the
data
described
in
§
75.74(
c)(
6)
of
this
chapter)

for
such
unit
only
for
the
control
period
of
each
year
and
report,
in
an
electronic
quarterly
report
in
a
format
prescribed
by
the
Administrator,
for
each
calendar
quarter
beginning
with:

(
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
DRAFT
­
12/
2/
04
after
July
1,
2007,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
96.370(
b),

unless
that
date
is
not
during
a
control
period,
in
which
case
reporting
shall
commence
in
the
quarter
that
includes
May
1
through
June
30
of
the
first
control
period
after
such
date.

(
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
NOX
Ozone
Season
units
that
are
also
subject
to
an
Acid
Rain
emissions
limitation
or
the
CAIR
NOX
Annual
Trading
Program
or
CAIR
SO2
Trading
Program,
quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
H
of
part
75
of
this
chapter
as
applicable,
in
addition
to
the
NOX
mass
emission
data,
heat
input
data,
and
other
information
required
by
this
subpart.

(
e)
Compliance
certification.
The
CAIR
designated
representative
shall
submit
to
the
Administrator
a
compliance
certification
(
in
a
format
prescribed
by
the
Administrator)
in
support
of
each
quarterly
report
based
on
reasonable
inquiry
of
those
persons
with
primary
responsibility
for
ensuring
that
all
of
the
unit's
emissions
are
correctly
and
fully
monitored.
The
DRAFT
­
12/
2/
04
certification
shall
state
that:

(
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
NOX
emission
controls
and
for
all
hours
where
NOX
data
are
substituted
in
accordance
with
§
75.34(
a)(
1)
of
this
chapter,
the
add­
on
emission
controls
were
operating
within
the
range
of
parameters
listed
in
the
quality
assurance/
quality
control
program
under
appendix
B
to
part
75
of
this
chapter
and
the
substitute
data
values
do
not
systematically
underestimate
NOX
emissions;
and
(
3)
For
a
unit
that
is
reporting
on
a
control
period
basis
under
paragraph
(
d)(
2)(
ii)
of
this
section,
the
NOX
emission
rate
and
NOX
concentration
values
substituted
for
missing
data
under
subpart
D
of
part
75
of
this
chapter
are
calculated
using
only
values
from
a
control
period
and
do
not
systematically
underestimate
NOX
emissions.

§
96.375
Petitions.

(
a)
Except
as
provided
in
paragraph
(
b)(
2)
of
this
section,

the
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
unit
that
is
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
DRAFT
­
12/
2/
04
this
subpart.
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
in
writing
by
the
Administrator,
in
consultation
with
the
permitting
authority.

(
b)(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
unit
that
is
not
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
permitting
authority
and
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
requirement
of
this
subpart.
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
in
writing
by
both
the
permitting
authority
and
the
Administrator.

(
2)
The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
unit
that
is
subject
to
an
Acid
Rain
emissions
limitation
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
permitting
authority
and
the
Administrator
requesting
approval
to
apply
an
alternative
to
a
requirement
concerning
any
additional
continuous
emission
monitoring
system
required
under
§
75.72
of
this
chapter.
Application
of
an
alternative
to
any
such
requirement
is
in
accordance
with
this
subpart
only
to
the
extent
that
the
petition
is
approved
in
writing
by
both
the
permitting
authority
and
the
Administrator.

§
96.376
Additional
Requirements
to
Provide
Heat
Input
Data.
DRAFT
­
12/
2/
04
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
that
monitors
and
reports
NOX
mass
emissions
using
a
NOX
concentration
system
and
a
flow
system
shall
also
monitor
and
report
heat
input
rate
at
the
unit
level
using
the
procedures
set
forth
in
part
75
of
this
chapter.

Subpart
II
­
CAIR
NOX
Ozone
Season
Opt­
in
Units
§
96.380
Applicability.

A
CAIR
NOX
Ozone
Season
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
the
State;

(
b)
Is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
and
is
not
covered
by
a
retired
unit
exemption
under
§
96.305
that
is
in
effect;

(
c)
Is
not
covered
by
a
retired
unit
exemption
under
§
72.8
of
this
chapter
that
is
in
effect;

(
d)
Has
or
is
required
or
qualified
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit;
and
(
e)
Vents
all
of
its
emissions
to
a
stack
and
can
meet
the
monitoring,
recordkeeping,
and
reporting
requirements
of
subpart
HHHH
of
this
part.

§
96.381
General.

(
a)
Except
as
otherwise
provided
in
§
§
96.301
through
96.304,
§
§
96.306
through
96.308,
and
subparts
BBBB
and
CCCC
and
subparts
FFFF
through
HHHH
of
this
part,
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
be
treated
as
a
CAIR
NOX
Ozone
Season
unit
for
DRAFT
­
12/
2/
04
purposes
of
applying
such
sections
and
subparts
of
this
part.

(
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
NOX
Ozone
Season
unit
before
issuance
of
a
CAIR
opt­
in
permit
for
such
unit.

§
96.382
CAIR
designated
representative.

Any
CAIR
NOX
Ozone
Season
opt­
in
unit,
and
any
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,
located
at
the
same
source
as
one
or
more
CAIR
NOX
Ozone
Season
units
shall
have
the
same
CAIR
designated
representative
and
alternate
CAIR
designated
representative
as
such
CAIR
NOX
Ozone
Season
units.

§
96.383
Applying
for
CAIR
opt­
in
permit.

(
a)
Applying
for
initial
CAIR
opt­
in
permit.
The
CAIR
designated
representative
of
a
unit
meeting
the
requirements
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
in
§
96.380
may
apply
for
an
initial
CAIR
opt­
in
permit
at
any
time,
except
as
provided
under
§
96.386
(
f)
and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
96.322;
DRAFT
­
12/
2/
04
(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
and
is
not
covered
by
a
retired
unit
exemption
under
§
96.305
that
is
in
effect;

(
ii)
Is
not
covered
by
a
retired
unit
exemption
under
§
72.8
of
this
chapter
that
is
in
effect;

(
iii)
Vents
all
of
its
emissions
to
a
stack;
and
(
iv)
Has
documented
heat
input
for
more
than
876
hours
during
the
6
months
immediately
preceding
submission
of
the
CAIR
permit
application
under
§
96.322;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HHHH
of
this
part;

(
4)
A
complete
certificate
of
representation
under
§
96.313
consistent
with
§
96.382,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;
and
(
5)
A
statement,
in
a
format
specified
by
the
permitting
authority,
whether
the
CAIR
designated
representative
requests
that
the
unit
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
96.388(
c)
(
subject
to
the
conditions
in
§
§
96.384(
h)
and
96.386(
g)).

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
submit
a
complete
DRAFT
­
12/
2/
04
CAIR
permit
application
under
§
96.322
to
renew
the
CAIR
opt­
in
unit
permit
in
accordance
with
the
permitting
authority's
regulations
for
title
V
operating
permits,
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
if
applicable,
addressing
permit
renewal.

(
2)
Unless
the
permitting
authority
issues
a
notification
of
acceptance
of
withdrawal
of
the
CAIR
opt­
in
unit
from
the
CAIR
NOX
Annual
Trading
Program
in
accordance
with
§
96.186
or
the
unit
becomes
a
CAIR
NOX
unit
under
§
96.104,
the
CAIR
NOX
opt­
in
unit
shall
remain
subject
to
the
requirements
for
a
CAIR
NOX
opt­
in
unit,
even
if
the
CAIR
designated
representative
for
the
CAIR
NOX
opt­
in
unit
fails
to
submit
a
CAIR
permit
application
that
is
required
for
renewal
of
the
CAIR
opt­
in
permit
under
paragraph
(
b)(
1)
of
this
section.

§
96.384
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.383
is
submitted
in
accordance
with
the
following:

(
a)
Interim
review
of
monitoring
plan.
The
permitting
authority
and
the
Administrator
will
determine,
on
an
interim
basis,
the
sufficiency
of
the
monitoring
plan
accompanying
the
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.383.
A
monitoring
plan
is
sufficient,
for
purposes
of
interim
review,
if
DRAFT
­
12/
2/
04
the
plan
appears
to
contain
information
demonstrating
that
the
NOX
emissions
rate
and
heat
input
of
the
unit
and
all
other
applicable
parameters
are
monitored
and
reported
in
accordance
with
subpart
HHHH
of
this
part.
A
determination
of
sufficiency
shall
not
be
construed
as
acceptance
or
approval
of
the
monitoring
plan.

(
b)
Monitoring
and
reporting.
(
1)(
i)
If
the
permitting
authority
and
the
Administrator
determine
that
the
monitoring
plan
is
sufficient
under
paragraph
(
a)
of
this
section,
the
owner
or
operator
shall
monitor
and
report
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
emissions
rate
and
the
heat
input
of
the
unit
and
all
other
applicable
parameters,
in
accordance
with
subpart
HHHH
of
this
part,
starting
on
the
date
of
certification
of
the
appropriate
monitoring
systems
under
subpart
HHHH
of
this
part
and
continuing
until
a
CAIR
opt­
in
permit
is
denied
under
§
96.384(
f)
or,
if
a
CAIR
opt­
in
permit
is
issued,
the
date
and
time
when
the
unit
is
withdrawn
from
the
CAIR
NOX
Ozone
Season
Trading
Program
in
accordance
with
§
96.386.

(
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
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g),
during
which
period
monitoring
system
availability
must
not
be
less
than
90
percent
under
subpart
HHHH
of
this
part
and
the
unit
must
be
in
DRAFT
­
12/
2/
04
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissions­
related
requirements.

(
2)
To
the
extent
the
NOX
emissions
rate
and
the
heat
input
of
the
unit
are
monitored
and
reported
in
accordance
with
subpart
HHHH
of
this
part
for
one
or
more
control
periods,
in
addition
to
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section,

during
which
control
periods
monitoring
system
availability
is
not
less
than
90
percent
under
subpart
HHHH
of
this
part
and
the
unit
is
in
full
compliance
with
any
applicable
State
or
Federal
emissions
or
emissions­
related
requirements
and
which
control
periods
begin
not
more
than
3
years
before
the
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g),
such
information
shall
be
used
as
provided
in
paragraphs
(
c)
and
(
d)

of
this
section.

(
c)
Baseline
heat
input.
The
unit's
baseline
heat
rate
shall
equal:

(
1)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
total
heat
input
(
in
mmBtu)
for
the
control
period;
or
(
2)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
the
average
of
the
amounts
of
the
unit's
total
heat
input
(
in
mmBtu)
DRAFT
­
12/
2/
04
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section.

(
d)
Baseline
NOX
emission
rate.
The
unit's
baseline
NOX
emission
rate
shall
equal:

(
1)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
only
one
control
period,
in
accordance
with
paragraph
(
b)(
1)
of
this
section,
the
unit's
NOX
emissions
rate
(
in
lb/
mmBtu)
for
the
control
period;

(
2)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
does
not
have
add­
on
NOX
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
NOX
emissions
rate
(
in
lb/
mmBtu)
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section;
or
(
3)
If
the
unit's
NOX
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
accordance
with
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
and
the
unit
has
add­
on
NOX
emission
controls
during
any
such
control
periods,
the
average
of
the
amounts
of
the
unit's
NOX
emissions
rate
(
in
lb/
mmBtu)
for
such
control
period
during
which
the
unit
has
add­
on
NOX
emission
controls.

(
e)
Issuance
of
CAIR
opt­
in
permit.
After
calculating
the
DRAFT
­
12/
2/
04
baseline
heat
input
and
the
baseline
NOX
emissions
rate
for
the
unit
under
paragraphs
(
c)
and
(
d)
of
this
section
and
if
the
permitting
authority
determines
that
the
CAIR
designated
representative
shows
that
the
unit
meets
the
requirements
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
in
§
96.380
and
meets
the
elements
certified
in
§
96.383(
a)(
2),
the
permitting
authority
will
issue
a
CAIR
opt­
in
permit.
The
permitting
authority
will
provide
a
copy
of
the
CAIR
opt­
in
permit
to
the
Administrator,

who
will
then
establish
a
compliance
account
for
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit
unless
the
source
already
has
a
compliance
account.

(
f)
Issuance
of
denial
of
CAIR
opt­
in
permit.

Notwithstanding
paragraphs
(
a)
through
(
e)
of
this
section,
if
at
any
time
before
issuance
of
a
CAIR
opt­
in
permit
for
the
unit,

the
permitting
authority
determines
that
the
CAIR
designated
representative
fails
to
show
that
the
unit
meets
the
requirements
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
in
§
96.380
or
meets
the
elements
certified
in
§
96.383(
a)(
2),
the
permitting
authority
will
issue
a
denial
of
a
CAIR
opt­
in
permit
for
the
unit.

(
g)
Date
of
entry
into
CAIR
NOX
Ozone
Season
Trading
Program.

A
unit
for
which
an
initial
CAIR
opt­
in
permit
is
issued
by
the
permitting
authority
shall
become
a
CAIR
NOX
Ozone
Season
opt­
in
unit,
and
a
CAIR
NOX
Ozone
Season
unit,
as
of
the
later
of
January
1,
2009
or
January
1
of
the
first
control
period
during
which
DRAFT
­
12/
2/
04
such
CAIR
opt­
in
permit
is
issued.

(
h)
Repowered
CAIR
NOX
Ozone
Season
opt­
in
unit.
(
1)
If
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
NOX
Ozone
Season
opt­
in
unit
of
CAIR
NOX
Ozone
Season
allowances
under
§
96.388(
c)
and
such
unit
is
repowered
after
its
date
of
entry
into
the
CAIR
NOX
Ozone
Season
Trading
Program
under
paragraph
(
g)
of
this
section,
the
repowered
unit
shall
be
treated
as
a
CAIR
NOX
Ozone
Season
opt­
in
unit
replacing
the
original
CAIR
NOX
Ozone
Season
opt­
in
unit,
as
of
the
date
of
start­
up
of
the
repowered
unit's
combustion
chamber.

(
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
NOX
emission
rate
as
the
original
CAIR
NOX
Ozone
Season
opt­
in
unit,
and
the
original
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
no
longer
be
treated
as
a
CAIR
opt­
in
unit
or
a
CAIR
NOX
Ozone
Season
unit.

§
96.385
CAIR
opt­
in
permit
contents.

(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
96.322;

(
2)
The
certification
in
§
96.383(
a)(
2);
DRAFT
­
12/
2/
04
(
3)
The
unit's
baseline
heat
input
under
§
96.384(
c);

(
4)
The
unit's
baseline
NOX
emission
rate
under
§
96.384(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
96.388(
c)
(
subject
to
the
conditions
in
§
§
96.384(
h)
and
96.386(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
NOX
Ozone
Season
Trading
Program
only
in
accordance
with
§
96.386;

and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
96.387.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
96.302
and,
upon
recordation
by
the
Administrator
under
subpart
FFFF
or
GGGG
of
this
part
or
this
subpart,
every
allocation,
transfer,
or
deduction
of
CAIR
NOX
Ozone
Season
allowances
to
or
from
the
compliance
account
of
the
source
that
includes
a
CAIR
NOX
Ozone
Season
opt­
in
unit
covered
by
the
CAIR
opt­
in
permit.

§
96.386
Withdrawal
from
CAIR
NOX
Ozone
Season
Trading
Program.

Except
as
provided
under
paragraph
(
g)
of
this
section,
a
CAIR
NOX
Ozone
Season
opt­
in
unit
may
withdraw
from
the
CAIR
NOX
Ozone
Season
Trading
Program,
but
only
if
the
permitting
authority
issues
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
of
the
acceptance
of
the
DRAFT
­
12/
2/
04
withdrawal
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
in
accordance
with
paragraph
(
d)
of
this
section.

(
a)
Requesting
withdrawal.
In
order
to
withdraw
a
CAIR
optin
unit
from
the
CAIR
NOX
Ozone
Season
Trading
Program,
the
CAIR
designated
representative
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
submit
to
the
permitting
authority
a
request
to
withdraw
effective
as
of
midnight
of
September
30
of
a
specified
calendar
year,
which
date
must
be
at
least
4
years
after
December
31
of
the
year
of
entry
into
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g).
The
request
must
be
submitted
no
later
than
90
days
before
the
requested
effective
date
of
withdrawal.

(
b)
Conditions
for
withdrawal.
Before
a
CAIR
NOX
Ozone
Season
opt­
in
unit
covered
by
a
request
under
paragraph
(
a)
of
this
section
may
withdraw
from
the
CAIR
NOX
Ozone
Season
Trading
Program
and
the
CAIR
opt­
in
permit
may
be
terminated
under
paragraph
(
e)
of
this
section,
the
following
conditions
must
be
met:

(
1)
For
the
control
period
ending
on
the
date
on
which
the
withdrawal
is
to
be
effective,
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit
must
meet
the
requirement
to
hold
CAIR
NOX
Ozone
Season
allowances
under
§
96.306(
c)
and
cannot
have
any
excess
emissions.

(
2)
After
the
requirement
for
withdrawal
under
paragraph
(
b)(
1)
of
this
section
is
met,
the
Administrator
will
deduct
from
DRAFT
­
12/
2/
04
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit
CAIR
NOX
Ozone
Season
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as
any
CAIR
NOX
Ozone
Season
allowances
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
§
96.388
for
any
control
period
for
which
the
withdrawal
is
to
be
effective.
If
there
are
no
remaining
CAIR
NOX
Ozone
Season
units
at
the
source,
the
Administrator
will
close
the
compliance
account,
and
the
owners
and
operators
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
may
submit
a
CAIR
NOX
Ozone
Season
allowance
transfer
for
any
remaining
CAIR
NOX
Ozone
Season
allowances
to
another
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
in
accordance
with
subpart
GGGG
of
this
part.

(
c)
Notification.
(
1)
After
the
requirements
for
withdrawal
under
paragraphs
(
a)
and
(
b)
of
this
section
are
met
(
including
deduction
of
the
full
amount
of
CAIR
NOX
Ozone
Season
allowances
required),
the
permitting
authority
will
issue
a
notification
to
the
CAIR
designated
representative
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
of
the
acceptance
of
the
withdrawal
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
as
of
midnight
on
December
31
of
the
calendar
year
for
which
the
withdrawal
was
requested.

(
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
DRAFT
­
12/
2/
04
of
the
CAIR
NOX
Ozone
Season
opt­
in
unit
that
the
CAIR
NOX
Ozone
Season
opt­
in
unit's
request
to
withdraw
is
denied.
Such
CAIR
NOX
opt­
in
unit
shall
continue
to
be
a
CAIR
NOX
Ozone
Season
opt­
in
unit.

(
d)
Permit
amendment.
After
the
permitting
authority
issues
a
notification
under
paragraph
(
c)(
1)
of
this
section
that
the
requirements
for
withdrawal
have
been
met,
the
permitting
authority
will
revise
the
CAIR
permit
covering
the
CAIR
NOX
Ozone
Season
opt­
in
unit
to
terminate
the
CAIR
opt­
in
permit
for
such
unit
as
of
the
effective
date
specified
under
paragraph
(
c)(
1)
of
this
section.
The
unit
shall
continue
to
be
a
CAIR
NOX
Ozone
Season
opt­
in
unit
until
the
effective
date
of
the
termination
and
shall
comply
with
all
requirements
under
the
CAIR
NOX
Ozone
Season
Trading
Program
concerning
any
control
periods
for
which
the
unit
is
a
CAIR
NOX
Ozone
Season
opt­
in
unit,
even
if
such
requirements
arise
or
must
be
complied
with
after
the
withdrawal
takes
effect.

(
e)
Reapplication
upon
failure
to
meet
conditions
of
withdrawal.
If
the
permitting
authority
denies
the
CAIR
NOX
Ozone
Season
opt­
in
unit's
request
to
withdraw,
the
CAIR
designated
representative
may
submit
another
request
to
withdraw
in
accordance
with
paragraphs
(
a)
and
(
b)
of
this
section.

(
f)
Ability
to
reapply
to
the
CAIR
NOX
Ozone
Season
Trading
Program.
Once
a
CAIR
NOX
Ozone
Season
opt­
in
unit
withdraws
from
DRAFT
­
12/
2/
04
the
CAIR
NOX
Ozone
Season
Trading
Program
and
its
CAIR
opt­
in
permit
is
terminated
under
this
section,
the
CAIR
designated
representative
may
not
submit
another
application
for
a
CAIR
optin
permit
under
§
96.383
for
such
CAIR
NOX
Ozone
Season
opt­
in
unit
before
the
date
that
is
4
years
after
the
date
on
which
the
withdrawal
became
effective.
Such
new
application
for
a
CAIR
opt­
in
permit
will
be
treated
as
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
96.384.

(
g)
Inability
to
withdraw.
Notwithstanding
paragraphs
(
a)

through
(
f)
of
this
section,
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
not
be
eligible
to
withdraw
from
the
CAIR
NOX
Ozone
Season
Trading
Program
if
the
CAIR
designated
representative
of
the
CAIR
NOX
opt­
in
unit
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
of
CAIR
NOX
Ozone
Season
allowances
under
§
96.388(
c).

§
96.387
Change
in
regulatory
status.

(
a)
Notification.
If
a
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,
then
the
CAIR
designated
representative
shall
notify
in
writing
the
permitting
authority
and
the
Administrator
of
such
change
in
the
CAIR
NOX
Ozone
Season
opt­
in
unit's
regulatory
status,
within
30
days
of
such
change.

(
b)
Permitting
authority's
and
Administrator's
actions.
DRAFT
­
12/
2/
04
(
1)
If
a
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,
the
permitting
authority
will
revise
the
CAIR
NOX
Ozone
Season
opt­
in
unit's
CAIR
opt­
in
permit
to
meet
the
requirements
of
a
CAIR
permit
under
§
96.323
as
of
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304.

(
2)(
i)
The
Administrator
will
deduct
from
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
optin
unit
that
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,

CAIR
NOX
Ozone
Season
allowances
equal
in
number
to
and
allocated
for
the
same
or
a
prior
control
period
as:

(
A)
Any
CAIR
NOX
Ozone
Season
allowances
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
§
96.388
for
any
control
period
after
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304;
and
(
B)
If
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
is
not
September
30,
the
CAIR
NOX
Ozone
Season
allowances
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
§
96.388
for
the
control
period
that
includes
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,
multiplied
by
the
ratio
of
the
number
of
days,
in
the
control
period,
starting
with
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
DRAFT
­
12/
2/
04
96.304
divided
by
the
total
number
of
days
in
the
control
period
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
ii)
The
CAIR
designated
representative
shall
ensure
that
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
unit
that
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
contains
the
CAIR
NOX
Ozone
Season
allowances
necessary
for
completion
of
the
deduction
under
paragraph
(
b)(
2)(
i)
of
this
section.

(
3)(
i)
For
every
control
period
after
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,
the
CAIR
NOX
Ozone
Season
opt­
in
unit
will
be
treated,
solely
for
purposes
of
CAIR
NOX
Ozone
Season
allowance
allocations
under
§
96.342,
as
a
unit
that
commences
operation
on
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
and
will
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
96.342.

(
ii)
Notwithstanding
paragraph
(
b)(
3)(
i)
of
this
section,
if
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304
is
not
May
1,
the
following
number
of
CAIR
NOX
Ozone
Season
allowances
will
be
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
(
as
a
CAIR
NOX
Ozone
Season
unit)
under
§
96.342
for
the
control
period
that
includes
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304:
DRAFT
­
12/
2/
04
(
A)
The
number
of
CAIR
NOX
Ozone
Season
allowances
otherwise
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
(
as
a
CAIR
NOX
Ozone
Season
unit)
under
§
96.342
for
the
control
period
multiplied
by;

(
B)
The
ratio
of
the
number
of
days,
in
the
control
period,

starting
with
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
96.304,
divided
by
the
total
number
of
days
in
the
control
period;
and
(
C)
Rounded
to
the
nearest
whole
allowance
as
appropriate.

§
96.388
CAIR
NOX
Ozone
Season
allowance
allocations
to
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
96.384(
e),
the
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
the
CAIR
NOX
Ozone
Season
optin
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
in
which
a
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31,
after
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g),
and
October
31
of
each
year
thereafter,
the
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit,
and
submit
to
the
Administrator
the
allocation
for
the
control
period
DRAFT
­
12/
2/
04
that
includes
such
submission
deadline
and
in
which
the
unit
is
a
CAIR
NOX
opt­
in
unit,
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
b)
Calculation
of
allocation.
For
each
control
period
for
which
a
CAIR
NOX
Ozone
Season
opt­
in
unit
is
to
be
allocated
CAIR
NOX
Ozone
Season
allowances,
the
permitting
authority
allocate
in
accordance
with
the
following
procedures:

(
1)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
NOX
Ozone
Season
allowance
allocation
will
be
the
lesser
of:

(
i)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
baseline
heat
input
determined
under
§
96.384(
c);
or
(
ii)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
heat
input,
as
determined
in
accordance
with
subpart
HHHH
of
this
part,
for
immediately
prior
control
period,
except
when
the
allocation
is
being
calculated
for
the
control
period
in
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g).

(
2)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
NOX
Ozone
Season
allowance
allocations
will
be
the
lesser
of:

(
i)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.384(
d)
and
multiplied
by
70
percent;
or
(
ii)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
at
DRAFT
­
12/
2/
04
any
time
during
the
control
period
for
which
CAIR
NOX
Ozone
Season
allowances
are
to
be
allocated.

(
3)
The
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
b)(
1)
of
this
section,
multiplied
by
the
NOX
emission
rate
under
paragraph
(
b)(
2)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
c)
Notwithstanding
paragraph
(
b)
of
this
section
and
if
the
CAIR
designated
representative
requests,
and
the
permitting
authority
issues
a
CAIR
opt­
in
permit
providing
for,
allocation
to
a
CAIR
NOX
Ozone
Season
opt­
in
unit
of
CAIR
NOX
Ozone
Season
allowances
under
this
paragraph
(
subject
to
the
conditions
in
§
§
96.384(
h)
and
96.386(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
as
follows:

(
1)
For
each
control
period
in
2009
through
2014
for
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
is
to
be
allocated
CAIR
NOX
Ozone
Season
allowances,

(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
CAIR
NOX
Ozone
Season
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
CAIR
NOX
Ozone
Season
allowance
allocations
will
be
the
lesser
of:

(
A)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
baseline
NOX
DRAFT
­
12/
2/
04
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.384(
d);
or
(
B)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
at
any
time
during
the
control
period
in
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g).

(
iii)
The
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
c)(
1)(
i)
of
this
section,
multiplied
by
the
NOX
emission
rate
under
paragraph
(
c)(
1)(
ii)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
2)
For
each
control
period
in
2015
and
thereafter
for
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
is
to
be
allocated
CAIR
NOX
Ozone
Season
allowances,

(
i)
The
heat
input
(
in
mmBtu)
used
for
calculating
the
CAIR
NOX
Ozone
Season
allowance
allocations
will
be
determined
as
described
in
paragraph
(
b)(
1)
of
this
section.

(
ii)
The
NOX
emission
rate
(
in
lb/
mmBtu)
used
for
calculating
the
CAIR
NOX
Ozone
Season
allowance
allocation
will
be
the
lesser
of:

(
A)
0.12
lb/
mmBtu;

(
B)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
96.384(
d);
or
DRAFT
­
12/
2/
04
(
C)
The
most
stringent
State
or
Federal
NOX
emissions
limitation
applicable
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
at
any
time
during
the
control
period
for
which
CAIR
NOX
Ozone
Season
allowances
are
to
be
allocated.

(
iii)
The
permitting
authority
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
in
an
amount
equaling
the
heat
input
under
paragraph
(
c)(
2)(
i)
of
this
section,
multiplied
by
the
NOX
emission
rate
under
paragraph
(
c)(
2)(
ii)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
d)
Recordation.
(
1)
The
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit,
the
CAIR
NOX
Ozone
Season
allowances
allocated
by
the
permitting
authority
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
paragraph
(
a)(
1)
of
this
section.

(
2)
By
January
1,
after
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
96.384(
g),
and
January
1
of
each
year
thereafter,
the
Administrator
will
record,
in
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit,
the
CAIR
NOX
Ozone
Season
allowances
allocated
by
the
permitting
authority
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
paragraph
(
a)(
2)
of
this
section.
