7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
1
For
the
reasons
set
forth
in
the
preamble,
parts
51,
52,
72,

73,
74,
78,
96,
and
97
of
chapter
1
of
title
40
of
the
Code
of
Federal
Regulations
are
proposed
to
be
amended
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.

§
51.123
[
Amended]

2.
Section
51.123
is
amended
by:

a.
In
paragraph
(
o)(
2)(
ii)(
B),
replace
the
words
"
for
the
year
after
the
year
of"
by
the
words
"
for
the
4th
year
after
the
year
of";

b.
Add
a
new
paragraph
(
p);

c.
In
paragraph
(
cc),
revise
the
definition
of
"
Electric
generating
unit"
or
"
EGU"
by:

i.
In
paragraph
(
cc)(
1)
of
the
definition,
redesignate
the
paragraph
as
paragraph
"(
1)(
i)",
replace
the
words
"
paragraph
(
2)"
with
the
words
"
paragraph
(
3)",
replace
the
words
"
since
the
start­
up"
with
the
words
"
since
the
later
of
November
15,
1990
or
the
start­
up",
and
add
a
new
paragraph
(
1)(
ii);
and
ii.
Revise
paragraph
(
2)
of
the
definition;
and
In
paragraph
(
cc)(
2),
replace
the
words
"
at
any
time"
with
the
words
"
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
2
unit's
combustion
chamber,";
and
iii.
Add
new
paragraph
(
cc)(
3);
and
d.
In
paragraph
(
cc),
add
a
new
definition
for
"
Solid
waste
incineration
unit";
and
e.
Add
a
new
paragraph
(
ee)
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)
*
*
*

*
*
*
*
*

(
p)
Notwithstanding
any
other
provision
of
this
section,
a
State
may
adopt,
and
include
in
a
SIP
revision
submitted
by
March
31,
2007,
regulations
relating
to
the
Federal
CAIR
NOX
Annual
Trading
Program
under
subparts
AA
through
HH
of
part
97
of
this
chapter
as
follows:

(
1)
The
State
may
adopt,
as
CAIR
NOX
allowance
allocation
provisions
replacing
the
provisions
in
subpart
EE
of
part
97
of
this
chapter:

(
i)
Allocation
provisions
substantively
identical
to
subpart
EE
of
part
96
of
this
chapter,
under
which
the
permitting
authority
makes
the
allocations;
or
(
ii)
Any
methodology
for
allocating
CAIR
NOX
allowances
to
individual
sources
under
which
the
permitting
authority
makes
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
3
allocations,
provided
that:

(
A)
The
State's
methodology
must
not
allow
the
permitting
authority
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,
2001,
the
permitting
authority
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
September
30,
2007
for
2009,
2010,
and
2011
and
by
October
31,
2008
and
October
31
of
each
year
thereafter
for
the
4th
year
after
the
year
of
the
notification
deadline.
The
State's
methodology
must
also
provide
that,
if
the
permitting
authority
fails
to
submit
to
the
Administrator
such
allocations
in
accordance
with
such
applicable
deadline,
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
in
2014.

(
C)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2001,
the
permitting
authority
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
allowances
by
October
31
of
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
4
year
for
which
the
CAIR
NOX
allowances
are
allocated.
The
State's
methodology
must
also
provide
that,
if
the
permitting
authority
fails
to
submit
to
the
Administrator
such
allocations
in
accordance
with
such
applicable
deadline,
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
in
2014
and
except
that
any
CAIR
NOX
unit
that
would
otherwise
be
allocated
CAIR
NOX
allowances
under
paragraph
(
p)(
1)(
ii)(
B)
of
this
section,
as
well
as
under
this
paragraph,
for
the
applicable
control
period
will
be
assumed
to
be
allocated
no
CAIR
NOX
allowances
under
this
paragraph
for
the
applicable
control
period.

(
2)
The
State
may
adopt,
as
compliance
supplement
pool
provisions
replacing
the
provisions
in
§
97.143
of
this
chapter:

(
i)
Provisions
for
allocating
the
State's
compliance
supplement
pool
that
are
substantively
identical
to
§
97.143
of
this
chapter,
except
that
the
permitting
authority
makes
the
allocations
and
the
Administrator
records
the
allocations
made
by
the
permitting
authority;
or
(
ii)
Provisions
for
allocating
the
State's
compliance
supplement
pool
that
are
substantively
identical
to
§
96.143
of
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
5
this
chapter.

(
3)
The
State
may
adopt
CAIR
opt­
in
unit
provisions
as
follows:

(
i)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
allowances
for
CAIR
opt­
in
units,

that
are
substantively
identical
to
subpart
II
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AA
through
HH
that
are
applicable
to
CAIR
opt­
in
units
or
units
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
optin
permit
is
not
yet
issued
or
denied;

(
ii)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
allowances
for
CAIR
opt­
in
units,

that
are
substantively
identical
to
subpart
II
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AA
through
HH
that
are
applicable
to
CAIR
opt­
in
units
or
units
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
optin
permit
is
not
yet
issued
or
denied,
except
that
the
provisions
exclude
§
96.188(
b)
of
this
chapter
and
the
provisions
of
subpart
II
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.188(
b)
of
this
chapter;
or
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
6
(
iii)
Provisions
for
applications
for
CAIR
opt­
in
units,

including
provisions
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
allowances
for
CAIR
opt­
in
units,
that
are
substantively
identical
to
subpart
II
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AA
through
HH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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,
except
that
the
provisions
exclude
§
96.188(
c)
of
this
chapter
and
the
provisions
of
subpart
II
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.188(
c)
of
this
chapter.

(
cc)
*
*
*

*
*
*
*
*

Electric
generating
unit
or
EGU
means:

(
1)(
i)
*
*
*

(
ii)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
1)(
i)
of
this
definition,
is
not
an
electric
generating
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
an
electric
generating
unit
on
the
date
on
which
it
first
serves
such
generator.

(
2)
A
unit
that
meets
the
requirements
set
forth
in
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
7
paragraphs
(
2)(
i)(
A),
(
ii)(
A),
or
(
ii)(
B)
of
this
paragraph
shall
not
be
an
electric
generating
unit:

(
i)(
A)
A
unit:

(
1)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
2)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
B)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraph
(
1)(
i)(
A)
of
this
definition
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
an
electric
generating
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
1)(
i)(
A)(
2)
of
this
definition.

(
ii)(
A)
A
unit
commencing
operation
before
January
1,
1985:

(
1)
Qualifying
as
a
solid
waste
incineration
unit;
and
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
8
(
2)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
B)
A
unit
commencing
operation
on
or
after
January
1,
1985:

(
1)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
2)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
C)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
2)(
ii)(
A)
or
(
B)
of
this
definition
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
an
electric
generating
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

(
3)(
i)
For
a
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
1)
or
(
2)
of
this
definition
and
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
9
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
did
not
exceed
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
does
not
exceed
80
percent.

(
ii)
For
a
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
1)
or
(
2)
of
this
definition
and
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
does
not
exceed
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
does
not
exceed
80
percent.

*
*
*
*
*

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

*
*
*
*
*

(
ee)
Notwithstanding
any
other
provision
of
this
section,
a
State
may
adopt,
and
include
in
a
SIP
revision
submitted
by
March
31,
2007,
regulations
relating
to
the
Federal
CAIR
NOX
Ozone
Season
Trading
Program
under
subparts
AAAA
through
HHHH
of
part
97
of
this
chapter
as
follows:

(
1)
The
State
adopt,
as
applicability
provisions
replacing
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
10
the
provisions
in
§
97.304
of
this
chapter,
provisions
for
applicability
that
are
substantively
identical
to
the
provisions
in
§
96.304
of
this
chapter
expanded
to
include
all
non­
EGUs
subject
to
the
State's
emissions
trading
program
approved
under
§
51.121(
p).

(
2)
The
State
may
adopt,
as
CAIR
NOX
Ozone
Season
allowance
allocation
provisions
replacing
the
provisions
in
subpart
EEEE
of
part
97
of
this
chapter:

(
i)
Allocation
provisions
substantively
identical
to
subpart
EEEE
of
part
96
of
this
chapter,
under
which
the
permitting
authority
makes
the
allocations;
or
(
ii)
Any
methodology
for
allocating
CAIR
NOX
Ozone
Season
allowances
to
individual
sources
under
which
the
permitting
authority
makes
the
allocations,
provided
that:

(
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
portion
of
the
State's
State
trading
program
budget,
under
the
State's
emissions
trading
program
approved
under
§
51.121(
p),
attributed
to
the
non­
EGUs
that
the
applicability
provisions
in
§
96.304
of
this
chapter
are
expanded
to
include
under
paragraph
(
ee)(
1)
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
11
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
(
ee)(
2)(
ii)(
A)
of
this
section
for
such
ozone
season.

(
C)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
before
January
1,
2001,
the
permitting
authority
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
September
30,
2007
for
2009,
2010,
and
2011
and
by
October
31,

2008
and
October
31
of
each
year
thereafter
for
the
4th
year
after
the
year
of
the
notification
deadline.
The
State's
methodology
must
also
provide
that,
if
the
permitting
authority
fails
to
submit
to
the
Administrator
such
allocations
in
accordance
with
such
applicable
deadline,
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
in
2014.

(
D)
The
State's
methodology
must
require
that,
for
EGUs
commencing
operation
on
or
after
January
1,
2001,
the
permitting
authority
will
determine,
and
notify
the
Administrator
of,
each
unit's
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
July
31
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
12
of
the
year
for
which
the
CAIR
NOX
Ozone
Season
allowances
are
allocated.
The
State's
methodology
must
also
provide
that,
if
the
permitting
authority
fails
to
submit
to
the
Administrator
such
allocations
in
accordance
with
such
applicable
deadline,
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
in
2014
and
except
that
any
CAIR
NOX
unit
that
would
otherwise
be
allocated
CAIR
NOX
allowances
under
paragraph
(
ee)(
2)(
ii)(
C)
of
this
section,
as
well
as
under
this
paragraph,
for
the
applicable
control
period
will
be
assumed
to
be
allocated
no
CAIR
NOX
allowances
under
this
paragraph
for
the
applicable
control
period.

(
3)
The
State
may
adopt
CAIR
opt­
in
unit
provisions
as
follows:

(
i)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
Ozone
Season
allowances
for
CAIR
optin
units,
that
are
substantively
identical
to
subpart
IIII
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAAA
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
13
through
HHHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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;

(
ii)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
Ozone
Season
allowances
for
CAIR
optin
units,
that
are
substantively
identical
to
subpart
IIII
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAAA
through
HHHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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,

except
that
the
provisions
exclude
§
96.388(
b)
of
this
chapter
and
the
provisions
of
subpart
IIII
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.388(
b)
of
this
chapter;

or
(
iii)
Provisions
for
applications
for
CAIR
opt­
in
units,

including
provisions
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
NOX
allowances
for
CAIR
opt­
in
units,
that
are
substantively
identical
to
subpart
IIII
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAAA
through
HHHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
14
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied,
except
that
the
provisions
exclude
§
96.388(
c)
of
this
chapter
and
the
provisions
of
subpart
IIII
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.388(
c)
of
this
chapter.

§
51.124
[
Amended]

3.
Section
51.124
is
amended
by:

a.
In
paragraph
(
q),
revise
the
definition
of
"
Electric
generating
unit"
or
"
EGU"
by:

i.
In
paragraph
(
q)(
1)
of
the
definition,
redesignate
the
paragraph
as
paragraph
"(
1)(
i)",
replace
the
words
"
paragraph
(
2)"
with
the
words
"
paragraph
(
3)",
replace
the
words
"
since
the
start­
up"
with
the
words
"
since
the
later
of
November
15,
1990
or
the
start­
up",
and
add
a
new
paragraph
(
1)(
ii);
and
ii.
Revise
paragraph
(
2)
of
the
definition;
and
In
paragraph
(
cc)(
2),
replace
the
words
"
at
any
time"
with
the
words
"
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,";
and
iii.
Add
new
paragraph
(
cc)(
3);
and
b.
In
paragraph
(
q),
add
a
new
definition
for
"
Solid
waste
incineration
unit";
and
c.
Add
a
new
paragraph
(
r)
to
read
as
follows:

§
51.124
Findings
and
requirements
for
submission
of
State
implementation
plan
revisions
relating
to
emissions
of
sulfur
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
15
dioxide
pursuant
to
the
Clean
Air
Interstate
Rule.

(
a)
*
*
*

*
*
*
*
*

(
q)

*
*
*
*
*

Electric
generating
unit
or
EGU
means:

(
1)(
i)
*
*
*

(
ii)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
1)(
i)
of
this
definition,
is
not
an
electric
generating
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
an
electric
generating
unit
on
the
date
on
which
it
first
serves
such
generator.

(
2)
A
unit
that
meets
the
requirements
set
forth
in
paragraphs
(
2)(
i)(
A),
(
ii)(
A),
or
(
ii)(
B)
of
this
definition
shall
not
be
an
electric
generating
unit:

(
i)(
A)
A
unit:

(
1)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
2)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
16
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.

(
B)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraph
(
1)(
i)(
A)
of
this
definition
for
at
least
one
calendar
year
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
an
electric
generating
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
1)(
i)(
A)(
2)
of
this
definition.

(
ii)(
A)
A
unit
commencing
operation
before
January
1,
1985:

(
1)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
2)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
B)
A
unit
commencing
operation
on
or
after
January
1,
1985:

(
1)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
2)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
17
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
C)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
2)(
ii)(
A)
or
(
B)
of
this
definition
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
an
electric
generating
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

(
3)(
i)
For
a
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
1)
or
(
2)
of
this
definition
and
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
did
not
exceed
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
does
not
exceed
80
percent.

(
ii)
For
a
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
1)
or
(
2)
of
this
definition
and
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
18
operation
does
not
exceed
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
does
not
exceed
80
percent.

*
*
*
*
*

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

*
*
*
*
*

(
r)
Notwithstanding
any
other
provision
of
this
section,
a
State
may
adopt,
and
include
in
a
SIP
revision
submitted
by
March
31,
2007,
regulations
relating
to
the
Federal
CAIR
SO2
Trading
Program
under
subparts
AAA
through
HHH
of
part
97
of
this
chapter
as
follows.
The
State
may
adopt
the
following
CAIR
opt­
in
unit
provisions:

(
1)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
SO2
allowances
for
CAIR
opt­
in
units,

that
are
substantively
identical
to
subpart
III
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAA
through
HHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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;
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
19
(
2)
Provisions
for
CAIR
opt­
in
units,
including
provisions
for
applications
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
SO2
allowances
for
CAIR
opt­
in
units,

that
are
substantively
identical
to
subpart
III
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAA
through
HHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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,
except
that
the
provisions
exclude
§
96.288(
b)
of
this
chapter
and
the
provisions
of
subpart
III
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.288(
b)
of
this
chapter;
or
(
3)
Provisions
for
applications
for
CAIR
opt­
in
units,

including
provisions
for
CAIR
opt­
in
permits,
approval
of
CAIR
opt­
in
permits,
treatment
of
units
as
CAIR
opt­
in
units,
and
allocation
and
recordation
of
CAIR
SO2
allowances
for
CAIR
opt­
in
units,
that
are
substantively
identical
to
subpart
III
of
part
96
of
this
chapter
and
the
provisions
of
subparts
AAA
through
HHH
that
are
applicable
to
CAIR
opt­
in
units
or
units
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,
except
that
the
provisions
exclude
§
96.288(
c)
of
this
chapter
and
the
provisions
of
subpart
III
of
part
96
of
this
chapter
that
apply
only
to
units
covered
by
§
96.288(
c)
of
this
chapter.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
20
PART
52­­
APPROVAL
AND
PROMULGATION
OF
IMPLEMENTATION
PLANS
1.
The
authority
citation
for
part
52
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401
et
seq.

Subpart
A­­
General
Provisions
2.
Subpart
A
is
amended
by
adding
§
§
52.35
and
52.36
to
read
as
follows:

§
52.35
What
are
the
requirements
of
the
Federal
Implementation
Plans
(
FIPs)
for
the
Clean
Air
Interstate
Rule
relating
to
emissions
of
nitrogen
oxides?

The
Federal
CAIR
NOX
Annual
Trading
Program
provisions
of
part
97
of
this
chapter
constitute
the
Clean
Air
Interstate
Rule
Federal
Implementation
Plan
provisions
that
relate
to
annual
emissions
of
nitrogen
oxides
(
NOX).
These
provisions
apply
to
sources
in
each
State
that
is
described
in
§
51.123(
c)(
1)
and
(
3)

of
this
chapter
and
is
subject
to
a
finding
by
the
Administrator
that
the
State
failed
to
submit
a
State
Implementation
Plan
(
SIP)
to
satisfy
the
requirements
of
section
110(
a)(
2)(
D)(
I)
of
the
Clean
Air
Act
either
for
the
PM2.5
NAAQS
alone,
or
for
both
the
PM2.5
NAAQS
and
the
8­
hour
ozone
NAAQS.
The
Federal
CAIR
NOX
Ozone
Season
Trading
Program
provisions
of
part
97
of
this
chapter
constitute
the
Clean
Air
Interstate
Rule
Federal
Implementation
Plan
provisions
for
emissions
of
nitrogen
oxides
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
21
(
NOX)
during
the
ozone
season,
as
defined
§
97.302
of
this
chapter.
These
provisions
apply
to
sources
in
each
State
that
is
described
in
§
51.123(
c)(
2)
of
this
chapter
and
subject
to
a
finding
by
the
Administrator
that
the
State
failed
to
submit
a
State
Implementation
Plan
(
SIP)
to
satisfy
the
requirements
of
section
110(
a)(
2)(
D)(
I)
of
the
Clean
Air
Act
for
the
8­
hour
ozone
NAAQS
alone.
These
provisions
do
not
invalidate
or
otherwise
affect
the
obligations
of
States,
emissions
sources,
or
other
responsible
entities
with
respect
to
all
portions
of
plans
approved
or
promulgated
under
this
part,
nor
the
obligations
of
States
under
the
requirements
of
§
§
51.123
and
51.125
of
this
chapter.

§
52.36
What
are
the
requirements
of
the
Clean
Air
Interstate
Rule
Federal
Implementation
Plans
relating
to
emissions
of
sulfur
dioxide?

The
Federal
CAIR
SO2
Trading
Program
provisions
of
part
97
of
this
chapter
constitute
the
Clean
Air
Interstate
Rule
Federal
Implementation
Plan
provisions
for
emissions
of
sulfur
dioxide
(
SO2).
These
provisions
apply
to
sources
in
each
State
that
is
described
in
§
51.124(
c)
of
this
chapter
and
subject
to
an
EPA
finding
that
it
failed
to
submit
a
State
Implementation
Plan
(
SIP)
to
satisfy
the
requirements
of
section
110(
a)(
2)(
D)(
I)
of
the
Clean
Air
Act
for
the
PM2.5
NAAQS.
These
provisions
do
not
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
22
invalidate
or
otherwise
affect
the
obligations
of
States,

emissions
sources,
or
other
responsible
entities
with
respect
to
all
portions
of
plans
approved
or
promulgated
under
this
part,

nor
the
obligations
of
States
under
the
requirements
of
§
§
51.124
and
51.125
of
this
chapter.

Subpart
B­­
Alabama
3.
Subpart
B
is
amended
by
adding
§
§
52.54
and
52.55
to
read
as
follows:

§
52.54
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Alabama
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.55
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Alabama
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
E­­
Arkansas
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
23
4.
Subpart
E
is
amended
by
adding
§
§
52.184
and
52.185
to
read
as
follows:

§
52.184
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Arkansas
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
H­­
Connecticut
5.
Subpart
H
is
amended
by
adding
§
§
52.386
to
read
as
follows:

§
52.386
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Connecticut
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Ozone
Season
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
I­­
Delaware
6.
Subpart
I
is
amended
by
adding
§
52.440
to
read
as
follows:

§
52.440
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
24
each
NOX
source
located
within
the
State
of
Delaware
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Ozone
Season
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
J­­
District
of
Columbia
7.
Subpart
J
is
amended
by
adding
§
§
52.484
and
52.485
to
read
as
follows:

§
52.484
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
District
of
Columbia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.485
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
District
of
Columbia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
K­­
Florida
8.
Subpart
K
is
amended
by
adding
add
§
§
52.540
and
52.541
to
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
25
read
as
follows:

§
52.540
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Florida
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.541
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Florida
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
L­­
Georgia
9.
Subpart
L
is
amended
by
adding
§
§
52.584
and
52.585
to
read
as
follows:

§
52.584
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Georgia
and
for
which
requirements
are
set
forth
under
Federal
CAIR
NOX
Annual
and
Ozone
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
26
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.585
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Georgia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
O­­
Illinois
10.
Subpart
O
is
amended
by
adding
§
§
52.745
and
52.746
to
read
as
follows:

§
52.745
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Illinois
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.746
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Illinois
and
for
which
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
27
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
P­­
Indiana
11.
Subpart
P
is
amended
by
adding
§
§
52.789
and
52.790
to
read
as
follows:

§
52.789
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Indiana
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.790
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Indiana
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
Q­­
Iowa
12.
Subpart
Q
is
amended
by
adding
§
52.840
and
52.841
to
read
as
follows:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
28
§
52.840
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Iowa
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.841
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Iowa
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
S­­
Kentucky
14.
Subpart
S
is
amended
by
adding
§
§
52.940
and
52.941
to
read
as
follows:

§
52.940
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Kentucky
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
29
comply
with
such
applicable
requirements.

§
52.941
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Kentucky
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
T­­
Louisiana
15.
Subpart
T
is
amended
by
adding
§
§
52.984
and
52.985
to
read
as
follows:

§
52.984
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Louisiana
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.985
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Louisiana
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
30
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
V­­
Maryland
16.
Subpart
V
is
amended
by
adding
§
§
52.1084
and
52.1085
to
read
as
follows:

§
52.1084
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Maryland
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1085
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Maryland
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
W­­
Massachusetts
17.
Subpart
W
is
amended
by
adding
§
§
52.1140
to
read
as
follows:

§
52.1140
Interstate
pollutant
transport
provisions;
What
are
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
31
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Massachusetts
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Ozone
Season
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
X­­
Michigan
18.
Subpart
X
is
amended
by
adding
§
§
52.1186
and
52.1187
to
read
as
follows:

§
52.1186
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Michigan
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1187
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Michigan
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
32
Subpart
Y­­
Minnesota
19.
Subpart
Y
is
amended
by
adding
§
§
52.1240
and
52.1241
to
read
as
follows:

§
52.1240
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Minnesota
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1241
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Minnesota
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
Z­­
Mississippi
20.
Subpart
Z
is
amended
by
adding
§
§
52.1284
and
52.1285
to
read
as
follows:

§
52.1284
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
33
each
NOX
source
located
within
the
State
of
Mississippi
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1285
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Mississippi
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
AA­­
Missouri
21.
Subpart
AA
is
amended
by
adding
§
§
52.1341
and
52.1342
to
read
as
follows:

§
52.1341
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Missouri
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1342
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
34
What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Missouri
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
FF­­
New
Jersey
22.
Subpart
FF
is
amended
by
adding
§
§
52.1584
to
read
as
follows:

§
52.1584
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
New
Jersey
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Ozone
Season
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
HH­­
New
York
23.
Subpart
HH
is
amended
by
adding
§
§
52.1684
and
52.1685
to
read
as
follows:

§
52.1684
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
New
York
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
35
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1685
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
New
York
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
II­­
North
Carolina
24.
Subpart
II
is
amended
by
adding
§
§
52.1784
and
52.1785
to
read
as
follows:

§
52.1784
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
North
Carolina
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1785
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
North
Carolina
and
for
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
36
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
KK­­
Ohio
25.
Subpart
KK
is
amended
by
adding
§
§
52.1891
and
52.1892
to
read
as
follows:

§
52.1891
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Ohio
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.1892
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Ohio
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
NN­­
Pennsylvania
26.
Subpart
NN
is
amended
by
adding
§
§
52.2040
and
52.2040
to
read
as
follows:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
37
§
52.2040
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Pennsylvania
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.2041
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Pennsylvania
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
PP­­
South
Carolina
27.
Subpart
PP
is
amended
by
adding
§
§
52.2140
and
52.2141
to
read
as
follows:

§
52.2140
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
South
Carolina
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
38
comply
with
such
applicable
requirements.

§
52.2141
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
South
Carolina
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
RR­­
Tennessee
28.
Subpart
RR
is
amended
by
adding
§
§
52.2240
and
52.2241
to
read
as
follows:

§
52.2240
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Tennessee
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.2241
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Tennessee
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
39
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
SS­­
Texas
29.
Subpart
SS
is
amended
by
adding
§
§
52.2283
and
52.2284
to
read
as
follows:

§
52.2283
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Texas
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.2284
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Texas
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
VV­­
Virginia
30.
Subpart
VV
is
amended
by
adding
§
§
52.2440
and
52.2441
to
read
as
follows:

§
52.2440
Interstate
pollutant
transport
provisions;
What
are
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
40
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Virginia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Seasonal
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.2441
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Virginia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
XX­­
West
Virginia
31.
Subpart
XX
is
amended
by
adding
§
§
52.2540
and
52.2541
to
read
as
follows:

§
52.2540
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
West
Virginia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
41
§
52.2541
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
West
Virginia
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

Subpart
YY­­
Wisconsin
32.
Subpart
YY
is
amended
by
adding
§
§
52.2587
and
52.2587
to
read
as
follows:

§
52.2587
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
nitrogen
oxides?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
NOX
source
located
within
the
State
of
Wisconsin
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
NOX
Annual
and
Ozone
Season
Trading
Programs
in
part
97
of
this
chapter
must
comply
with
such
applicable
requirements.

§
52.2588
Interstate
pollutant
transport
provisions;
What
are
the
requirements
for
decreases
in
emissions
of
sulfur
dioxide?

What
are
the
FIP
Regulations?
The
owner
or
operator
of
each
SO2
source
located
within
the
State
of
Wisconsin
and
for
which
requirements
are
set
forth
under
the
Federal
CAIR
SO2
Trading
Program
in
part
97
of
this
chapter
must
comply
with
such
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
42
applicable
requirements.

PART
72
 
[
Amended]

1.
The
authority
citation
for
Part
72
continues
to
read
as
follows:

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

§
72.7
[
Amended]

2.
Section
72.7
is
amended
by:

a.
In
paragraph
(
f)(
4)(
i),
replace
the
words
"
become
an
affected
unit
under
the
Acid
Rain
Program
and
parts
70
and
71
of
this
chapter"
with
the
words
",
for
purposes
of
applying
parts
70
and
71
of
this
chapter,
shall
be
treated
as
an
affected
unit
under
the
Acid
Rain
Program";
and
b.
Revise
paragraph
(
f)(
2)
to
read
as
follows:

§
72.7
New
units
exemption.

*
*
*
*
*

(
f)
*
*
*

(
2)
For
any
period
for
which
a
unit
is
exempt
under
this
section:

(
i)
For
purposes
of
applying
parts
70
and
71
of
this
chapter,
the
unit
shall
not
be
treated
as
an
affected
unit
under
the
Acid
Rain
Program
and
shall
continue
to
be
subject
to
any
other
applicable
requirements
under
parts
70
and
71
of
this
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
43
chapter.

(
ii)
The
unit
shall
not
be
eligible
to
be
an
opt­
in
source
under
part
74
of
chapter.

*
*
*
*
*

§
72.8
[
Amended]

3.
Section
72.8
is
amended
by:

a.
In
paragraph
(
d)(
6)(
i)
introductory
text,
replace
the
words
"
become
an
affected
unit
under
the
Acid
Rain
Program
and
parts
70
and
71
of
this
chapter"
with
the
words
",
for
purposes
of
applying
parts
70
and
71
of
this
chapter,
shall
be
treated
as
an
affected
unit
under
the
Acid
Rain
Program";
and
b.
Revise
paragraph
(
d)(
4)
to
read
as
follows:

§
72.8
Retired
units
exemption.

*
*
*
*
*

(
d)
*
*
*

(
4)
For
any
period
for
which
a
unit
is
exempt
under
this
section:

(
i)
For
purposes
of
applying
parts
70
and
71
of
this
chapter,
the
unit
shall
not
be
treated
as
an
affected
unit
under
the
Acid
Rain
Program
and
shall
continue
to
be
subject
to
any
other
applicable
requirements
under
parts
70
and
71
of
this
chapter.

(
ii)
The
unit
shall
not
be
eligible
to
be
an
opt­
in
source
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
44
under
part
74
of
chapter.

*
*
*
*
*

§
72.20
[
Amended]

4.
Section
72.20
is
amended
by,
in
paragraph
(
b),
replace
the
words
"
his
or
her
actions"
by
the
words
"
his
or
her
representations,
actions".

§
72.22
[
Amended]

5.
Section
72.22
is
amended
by,
in
paragraph
(
b),
replace
the
words
"
any
action,
representation,
or
failure
to
act"
with
the
words
"
any
representation,
action,
inaction,
or
submission"

whenever
they
appear.

§
72.23
[
Amended]

6.
Section
72.23
is
amended
by,
in
paragraphs
(
a),
(
b),
and
(
c)(
1),
replace
the
words
"
submissions,
actions,
and
inactions"

with
the
words
"
representations,
actions,
inactions,
and
submissions"
whenever
they
appear.

§
72.24
[
Amended]

7.
Section
72.24
is
amended
by:

a.
In
paragraph
(
a)(
6),
replace
the
words
"
actions,

inactions,
or
submissions"
with
the
words
"
representations,

actions,
inactions,
or
submissions".

b.
In
paragraph
(
a)(
9)(
ii),
replace
the
words
"
or
,
if
such
multiple"
with
the
words
",
except
that,
if
such
multiple".
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
45
§
72.25
[
Amended]

8.
Section
72.25
is
amended
by,
in
paragraph
(
b),
replace
the
words
"
submission,
action
or
inaction"
with
the
words
"
representation,
action,
inaction,
or
submission"
and
replace
the
words
"
submission,
action,
or
inaction"
with
the
words
"
representation,
action,
inaction,
or
submission".

PART
73
 
[
Amended]

1.
The
authority
citation
for
Part
73
continues
to
read
as
follows:

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

§
73.31
[
Amended]

2.
Section
73.31
is
amended
by,
in
paragraph
(
c)(
1)(
v),

replace
the
words
"
actions,
inactions,
or
submissions"
with
the
words
"
representations,
actions,
inactions,
or
submissions".

§
73.33
[
Amended]

3.
Section
73.33
is
amended
by:

a.
In
paragraph
(
d)(
4),
replace
the
words
"
action,

representation,
or
failure
to
act"
with
the
words
"
representation,
action,
inaction,
or
submission"
and
replace
the
word
"
an
action"
with
the
words
"
a
representation,
action,

inaction,
or
submission".

b.
In
paragraph
(
e),
replace
the
word
"
actions"
with
the
words
"
representations,
actions,
inactions,
or
submissions".
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
46
c.
In
paragraph
(
f),
replace
the
words
"
any
submission
to"

with
the
words
"
any
representation,
action,
inaction,
or
submission
to"
and
replace
the
words
"
the
recordation
of
transfers
submitted
by"
with
the
words
"
any
representation,

action,
inaction,
or
submission
of".

PART
74
 
[
Amended]

1.
The
authority
citation
for
Part
74
continues
to
read
as
follows:

Authority:
7601
and
7651
et
seq.

§
74.4
[
Amended]

2.
Section
74.4(
c)
is
removed.

PART
78
 
APPEAL
PROCEDURES
1.
The
title
of
part
78
is
revised
to
read
as
set
forth
above.

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
(
b)(
8)(
ii),
replace
the
words
"
§
97.256"
by
the
words
"
§
96.256".

b.
Add
new
paragraphs
(
b)(
10),
(
b)(
11),
and
(
b)(
12)
to
read
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
47
as
follows:

§
78.1
Purpose
and
scope.

*
*
*
*
*

(
b)
*
*
*

(
10)
Under
subparts
AA
through
HH
of
part
97
of
this
chapter,

(
i)
The
decision
on
the
allocation
of
CAIR
NOX
allowances
under
subpart
EE
of
part
97
of
this
chapter.

(
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
§
97.154
of
this
chapter;

(
iii)
The
correction
of
an
error
in
a
CAIR
NOX
Allowance
Tracking
System
account
under
§
97.156
of
this
chapter;

(
iv)
The
decision
on
the
transfer
of
CAIR
NOX
allowances
under
§
97.161
of
this
chapter;

(
v)
The
finalization
of
control
period
emissions
data,

including
retroactive
adjustment
based
on
audit;

(
vi)
The
approval
or
disapproval
of
a
petition
under
§
97.175
of
this
chapter.

(
11)
Under
subparts
AAA
through
HHH
of
part
97
of
this
chapter,

(
i)
The
decision
on
the
deduction
of
CAIR
SO2
allowances,
and
the
adjustment
of
the
information
in
a
submission
and
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
48
decision
on
the
deduction
or
transfer
of
CAIR
SO2
allowances
based
on
the
information
as
adjusted,
under
§
97.254
of
this
chapter;

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

(
iii)
The
decision
on
the
transfer
of
CAIR
SO2
allowances
under
§
97.261
of
this
chapter;

(
iv)
The
finalization
of
control
period
emissions
data,

including
retroactive
adjustment
based
on
audit;

(
v)
The
approval
or
disapproval
of
a
petition
under
§
97.275
of
this
chapter.

(
12)
Under
subparts
AAAA
through
HHHH
of
part
97
of
this
chapter,

(
i)
The
decision
on
the
allocation
of
CAIR
NOX
Ozone
Season
allowances
under
subpart
EEEE
of
part
97
of
this
chapter.

(
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
§
97.354
of
this
chapter;

(
iii)
The
correction
of
an
error
in
a
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
account
under
§
97.356
of
this
chapter;

(
iv)
The
decision
on
the
transfer
of
CAIR
NOX
Ozone
Season
allowances
under
§
97.361;

(
v)
The
finalization
of
control
period
emissions
data,
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
49
including
retroactive
adjustment
based
on
audit;

(
vi)
The
approval
or
disapproval
of
a
petition
under
§
97.375
of
this
chapter.

*
*
*
*
*

§
78.3
[
Amended]

4.
Section
78.3
is
amended
by:

a.
In
paragraph
(
b)(
3)(
i),
replace
the
words
"
under
paragraph
(
a)(
4),
(
5),
or
(
6)
of
this
section"
by
the
words
"
under
paragraph
(
a)(
4),
(
5),
(
6),
(
7),
(
8),
or
(
9)
of
this
section";

b.
In
paragraph
(
d)(
3),
replace
the
words
"
account
certificate
of
representation
submitted
by
a
CAIR
designated
representative"
by
the
words
"
certificate
of
representation
submitted
by
a
CAIR
designated
representative"
and
replace
the
words
"
or
subparts
AAAA
through
IIII
of
part
96
of
this
chapter",

the
words
"
subparts
AAAA
through
IIII
of
part
96
of
this
chapter,

or
under
part
97
of
this
chapter";

c.
Add
new
paragraphs
(
a)(
7),
(
a)(
8),
(
a)(
9),
(
d)(
8),

(
d)(
9),
and
(
d)(
10)
to
read
as
follows:

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

(
a)
*
*
*

(
7)
The
following
persons
may
petition
for
administrative
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
50
review
of
a
decision
of
the
Administrator
that
is
made
under
subparts
AA
through
HH
of
part
97
of
this
chapter
and
that
is
appealable
under
§
78.1(
a):

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

or
the
CAIR
authorized
account
representative
for
any
CAIR
NOX
Allowance
Tracking
System
account,
covered
by
the
decision;
or
(
ii)
Any
interested
person.

(
8)
The
following
persons
may
petition
for
administrative
review
of
a
decision
of
the
Administrator
that
is
made
under
subparts
AAA
through
HHH
of
part
97
and
that
is
appealable
under
§
78.1(
a):

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

or
the
CAIR
authorized
account
representative
for
any
CAIR
SO2
Allowance
Tracking
System
account,
covered
by
the
decision;
or
(
ii)
Any
interested
person.

(
9)
The
following
persons
may
petition
for
administrative
review
of
a
decision
of
the
Administrator
that
is
made
under
subparts
AAAA
through
HHHH
of
part
97
and
that
is
appealable
under
§
78.1(
a):

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

or
the
CAIR
authorized
account
representative
for
any
CAIR
Ozone
Season
NOX
Allowance
Tracking
System
account,
covered
by
the
decision;
or
(
ii)
Any
interested
person.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
51
*
*
*
*
*

(
d)
*
*
*

(
8)
Any
provision
or
requirement
of
subparts
AA
through
HH
of
part
97
of
this
chapter,
including
the
standard
requirements
under
§
97.106
of
this
chapter
and
any
emission
monitoring
or
reporting
requirements.

(
9)
Any
provision
or
requirement
of
subparts
AAA
through
HHH
of
part
97
of
this
chapter,
including
the
standard
requirements
under
§
97.206
of
this
chapter
and
any
emission
monitoring
or
reporting
requirements.

(
10)
Any
provision
or
requirement
of
subparts
AAAA
through
HHHH
of
part
97
of
this
chapter,
including
the
standard
requirements
under
§
97.306
of
this
chapter
and
any
emission
monitoring
or
reporting
requirements.

PART
96
 
NOX
BUDGET
TRADING
PROGRAM
AND
CAIR
NOX
AND
SO2
TRADING
PROGRAMS
FOR
STATE
IMPLEMENTATION
PLANS
1.
The
title
of
part
96
is
revised
to
read
as
set
forth
above.

2.
Authority
citation
for
Part
96
continues
to
read
as
follows:

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

§
96.102
[
Amended]
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
52
3.
Section
96.102
is
amended
by:

a.
In
the
definition
of
"
Alternate
CAIR
designated
representative",
add
at
the
end
the
words
"
If
the
CAIR
NOX
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
Hg
designated
representative
under
the
Hg
Budget
Trading
Program."

b.
In
the
definition
of
"
CAIR
designated
representative",

add
at
the
end
the
words
"
If
the
CAIR
NOX
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
Hg
designated
representative
under
the
Hg
Budget
Trading
Program."

c.
In
the
definition
of
"
CAIR
NOX
allowance",
replace
the
words
"
by
the
permitting
authority
under"
with
the
words
"
by
the
permitting
authority
or
the
Administrator
under",
replace
the
words
"
§
96.188"
with
the
words
"
§
96.188,
or
under
subpart
EE
of
part
97
or
§
97.188
of
this
chapter,",
and
replace
the
words
"
§
51.123(
o)(
1)
or
(
2)
of
this
chapter"
with
the
words
"
§
51.123(
o)(
1)
or
(
2)
of
this
chapter
or
subpart
EE
of
part
97
or
§
97.188
of
this
chapter";

d.
In
the
definition
of
"
CAIR
NOX
allowance
deduction
or
deduct
CAIR
NOX
allowances",
add,
after
the
words
"
compliance
account",
the
words
",
e.
g.,";

e.
In
the
definition
of
"
CAIR
NOX
Annual
Trading
Program",

replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
53
51.123
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

f.
In
the
definition
of
"
CAIR
NOX
Ozone
Season
Trading
Program",
replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.123
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

g.
In
the
definition
of
"
CAIR
SO2
Trading
Program",
replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.124
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
part
97
of
this
chapter
and
§
52.36
of
this
chapter,";

h.
In
the
definition
of
"
Cogeneration
unit",
replace
the
words
"
calendar
year
after
which"
with
the
words
"
calendar
year
after
the
calendar
year
in
which";

i.
In
the
definition
of
"
Commence
commercial
operation",

replace
the
words
"
on
the
date
the
unit
commences"
with
the
words
"
on
the
later
of
November
15,
1990
or
the
date
the
unit
commences"
in
paragraphs
(
1)(
i),
(
1)(
ii),
and
(
2);

j.
In
the
definition
of
"
Commence
operation",
revise
paragraph
(
1),
remove
paragraph
(
2),
replace
in
paragraphs
(
3)(
i)

and
(
3)(
ii)
the
words
"
in
paragraph
(
3)"
with
the
words
"
in
paragraph
(
2)",
replace
in
paragraph
(
3)(
ii)
the
words
"
in
7/
29/
05
Draft
­
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Quote
or
Cite
54
paragraph
(
1),
(
2),
or
(
3)"
with
the
words
"
in
paragraph
(
1)
or
(
2)",
and
redesignate
paragraph
(
3)
as
paragraph
(
2);

k.
In
the
definition
of
"
Control
period",
replace
the
words
"
January
1
of
a
calendar
year
and"
with
the
words
"
January
1
of
a
calendar
year,
except
as
provided
in
§
97.106(
c)(
2),
and";

l.
In
the
definition
of
"
Oil­
fired",
replace
the
words
"
in
a
specified
year."
with
the
words
"
in
a
specified
year
and
not
qualifying
as
coal­
fired.";
and
m.
Add
a
new
definitions
of
"
Hg
Budget
Trading
Program"
and
"
Solid
waste
incineration
unit"
and
revise
to
read
as
follows:

§
96.102
Definitions.

*
*
*
*
*

Commence
operation
means:

(
1)
*
*
*

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
the
replacement
unit
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1)
or
(
2)
of
7/
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05
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or
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55
this
definition
as
appropriate.

*
*
*
*
*

Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
Administrator,
as
a
means
of
reduction
national
Hg
emissions.

*
*
*
*
*

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

*
*
*
*
*

§
96.103
[
Amended]

4.
Section
96.103
is
amended
by
revise
to
read
as
follows:

§
96.103
Measurements,
abbreviations,
and
acroynyms.

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.
7/
29/
05
Draft
­
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Not
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or
Cite
56
lb
 
­
pound.

mmBtu­­
million
Btu.

MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
96.104
[
Amended]

5.
Section
96.104
is
amended
by
revise
the
section
to
read
as
follows:

a.
In
the
introductory
text,
replace
the
words
"
The
following
units
in
a
State"
with
the
words
"
The
following
units,

except
as
provided
in
paragraph
(
b)
of
this
section,
in
a
State";

b.
In
paragraph
(
a),
replace
the
words
"
paragraph
(
b)"
with
the
words
"
paragraph
(
a)(
2)"
and
replace
the
words
"
since
the
start­
up"
with
the
words
"
since
the
later
of
November
15,
1990
or
the
start­
up";

c.
In
paragraph
(
b),
replace
the
words
"
paragraph
(
a)"
with
the
words
"
paragraph
(
a)(
1)",
replace
the
words
"
at
any
time"

with
the
words
"
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,",
and
remove
7/
29/
05
Draft
­
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Quote
or
Cite
57
the
last
sentence;

d.
Designate
the
introductory
text,
paragraph
(
a),
and
paragraph
(
b)
as
paragraph
(
a),
paragraph
(
1),
and
paragraph
(
2)

respectively;
and
e.
Add
new
paragraphs
(
a)(
2)(
i),
(
a)(
2)(
ii),
and
(
b)
to
read
as
follows:

§
96.104
Applicability.

(
a)
*
*
*

(
1)
*
*
*

(
2)
*
*
*

(
i)
If
a
unit
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)(
1)

of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

(
ii)
If
a
cogeneration
unit
that
is
not
a
CAIR
NOX
unit
under
paragraph
(
a)(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
7/
29/
05
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or
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58
starting
on
January
1
after
the
first
such
calendar
year
during
which
the
unit
serves
such
a
generator.

(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
be
a
CAIR
NOX
unit:

(
1)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.

(
2)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.

(
3)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
but
subsequently
no
longer
so
qualifies,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit.

(
4)
If
a
unit
qualifies
under
paragraph
(
b)(
1)
or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
NOX
unit
for
3
consecutive
calendar
years
but
has,
during
any
7/
29/
05
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or
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59
subsequent
3
consecutive
calendar
years
after
1990,
average
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­

calendaryear
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
non­
fossil
fuels.

§
96.104
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
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:
any
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)

of
this
section,
is
not
a
CAIR
NOX
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
NOX
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
7/
29/
05
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­
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or
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60
forth
in
paragraph
(
b)(
1)(
i),
(
2)(
i),
or
(
2)(
ii)
of
this
section
shall
not
be
CAIR
NOX
units:

(
1)(
i)
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
NOX
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.

(
2)(
i)
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
7/
29/
05
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­
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or
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61
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
ii)
Any
unit
commencing
operation
on
or
after
January
1,

1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
NOX
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

§
96.105
[
Amended]
7/
29/
05
Draft
­
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Not
Quote
or
Cite
62
6.
Section
96.105
is
amended
by:

a.
In
paragraph
(
a)(
1),
replace
the
words
"
§
96.106(
c)(
4)

through
(
8)"
with
the
words
"
§
96.106(
c)(
4)
through
(
7)"
and
replace
the
words
"
subparts
EE
through
GG"
with
the
words
"
subparts
BB
and
EE
through
GG";
and
b.
In
paragraph
(
b)(
3),
replace
the
words
"
shall
retain
at
the
source"
with
the
words
"
shall
retain,
at
the
source".

§
96.106
[
Amended]

7.
Section
96.106
is
amended
by:

a.
In
paragraph
(
a)(
1)(
i),
replace
the
words
"
in
§
97.121(
a)

and
(
b)"
with
the
words
"
in
§
97.121";

b.
In
paragraph
(
c)(
2),
replace
the
words
"
under
paragraph
(
c)(
1)
of
this
section"
with
"
under
paragraph
(
c)(
1)
of
this
section
for
the
control
period"
and
replace
the
words
"
under
§
97.170(
b)(
1),
(
2),
or
(
5)"
with
the
words
"
under
§
97.170(
b)(
1),

(
2),
or
(
5)
and
for
each
control
period
thereafter";

c.
In
paragraph
(
c)(
7),
replace
the
words
"
from
a
CAIR
NOX
unit's
compliance
account"
with
the
words
"
from
a
CAIR
NOX
source's
compliance
account"
and
replace
the
words
"
CAIR
permit
of
the
source
that
includes
the
CAIR
NOX
unit"
with
the
words
"
CAIR
permit
of
the
source";
and
d.
In
paragraph
(
d),
remove
paragraph
(
2),
remove
the
designation
of
paragraph
(
1),
redesignate
paragraph
(
i)
as
paragraph
(
1),
and
redesignate
paragraph
(
ii)
as
paragraph
(
2).
7/
29/
05
Draft
­
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or
Cite
63
§
96.113
[
Amended]

8.
Section
96.113
is
amended
by,
in
paragraph
(
a)(
4)(
iv),

replacing
the
words
"
where
a
customer"
with
the
words
"
where
a
utility
or
industrial
customer".

§
96.142
[
Amended]

9.
Section
96.142
is
amended
by:

a.
In
paragraph
(
a)(
2)(
ii)(
C),
replace
the
words
"
3,414
Btu/
kWh"
with
the
words
"
3,413
Btu/
kWh";

b.
In
paragraph
(
c)(
1),
replace
the
words
"
2009
through
2013"
with
the
words
"
2009
through
2014"
and
replace
the
words
"
in
2014"
with
the
words
"
in
2015";

c.
In
paragraph
(
c)(
2),
replace
the
words
"
on
or
before
July
1"
with
the
words
"
on
or
before
May
1";
and
d.
In
paragraph
(
c)(
4)(
ii),
replace
the
words
"
on
or
after
July
1"
with
the
words
"
on
or
after
May
1".

§
96.143
[
Amended]

10.
Section
96.143
is
amended
by:

a.
In
paragraph
(
d)(
3),
replace
the
words
"`
Unit's
allocation'
is
the
number
of
CAIR
NOX
allowances"
with
the
words
"`
Unit's
allocation'
is
the
amount
of
CAIR
NOX
allowances";

b.
In
paragraph
(
d)(
4),
replace
the
words
"
paragraph
(
d)(
3)

or
(
4)"
with
the
words
"
paragraph
(
d)(
2)
or
(
3)";
and
c.
In
paragraph
(
d)(
5),
replace
the
words
"
paragraph
(
d)(
5)"
7/
29/
05
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or
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64
with
the
words
"
paragraph
(
d)(
4)".

§
96.153
[
Amended]

11.
Section
96.153
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
By
December
1,
2006,

the
Administrator"
with
the
words
"
The
Administrator";
and
b.
Revise
paragraph
(
c)
to
read
as
follows:

§
96.153
Recordation
of
CAIR
NOX
allowance
allocations.

*
*
*
*
*

(
c)
By
December
1,
2009
and
December
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
as
determined
by
the
Administrator
in
accordance
with
§
97.141(
b),
for
the
control
period
in
the
sixth
year
after
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

*
*
*
*
*

§
96.154
[
Amended]

12.
Section
96.154
is
amended
by,
in
paragraph
(
c)(
2)(
ii),

replace
the
words
"
to
any
unit"
with
the
words
"
to
any
entity".

§
96.170
[
Amended]

13.
Section
96.170
is
amended
by:

a.
In
paragraph
(
b)(
5),
replace
the
words
"
paragraphs
7/
29/
05
Draft
­
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Not
Quote
or
Cite
65
(
b)(
1),
(
2),
and
(
4)
of
this
section
and
solely
for
purposes
of
§
97.106(
c)(
2),
for
the
owner"
with
the
words
"
paragraphs
(
b)(
1)

and
(
2)
of
this
section,
for
the
owner";
and
b.
Add
a
new
paragraph
(
e)
to
read
as
follows:

§
96.170
General
Requirements.

*
*
*
*
*

(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
NOX
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
96.171
[
Amended]

14.
Section
96.173
is
amended
by,
in
paragraph
(
c),
replace
thee
words
"
§
75.12,
§
75.17,
or
subpart
H
of
part
75"
with
the
words
"
§
75.12
or
§
75.17".

§
96.173
[
Amended]

15.
Section
96.173
is
amended
by
remove
the
words
",
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".

§
96.174
[
Amended]

16.
Section
96.174
is
amended
by:

a.
In
paragraph
(
d)(
1)(
i),
replace
the
words
"
2008;
or"
with
the
words
"
2008;";

b.
In
paragraph
(
d)(
1)(
ii),
replace
the
words
"
2008."
with
7/
29/
05
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­
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Not
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or
Cite
66
the
words
"
2008;";

c.
Add
new
paragraphs
(
d)(
1)(
iii)
and
(
iv);
and
d.
In
paragraph
(
d)(
3),
replace
the
words
"
or
CAIR
SO2
Trading
Program,"
with
the
words
",
CAIR
SO2
Trading
Program,
or
Hg
Budget
Trading
Program,"
and
replace
the
words
"
subparts
F
through
H"
with
the
words
"
subparts
F
through
I"
to
read
as
follows:

§
96.174
Recordkeeping
and
reporting.

*
*
*
*
*

(
d)
*
*
*

*
*
*
*
*

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
II
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.184(
b);
and
(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part,

the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
as
provided
in
§
97.184(
g).

*
*
*
*
*

§
96.184
[
Amended]
7/
29/
05
Draft
­
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Not
Quote
or
Cite
67
17.
Section
96.184
is
amended
by:

a.
In
paragraph
(
c)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
for
the
control
period
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";

b.
In
paragraph
(
d)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";
and
c.
In
paragraph
(
d)(
3),
replace
the
words
"
for
such
control
period"
with
words
"
for
such
control
periods".

§
96.185
[
Amended]

18.
Section
96.185
is
amended
by:

a.
In
paragraph
(
b),
replacing
the
words
"
under
subpart
FF
or
GG"
with
the
words
"
under
subpart
FF,
GG,
or
II";
and
b.
Adding
a
new
paragraph
(
c)
to
read
as
follows:

§
96.185
CAIR
opt­
in
permit
contents.

*
*
*
*
*

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
specified
by
the
permitting
authority,
in
the
CAIR
permit
for
the
source
where
the
CAIR
opt­
in
unit
is
located.
7/
29/
05
Draft
­
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Not
Quote
or
Cite
68
§
96.186
[
Amended]

19.
Section
96.186
is
amended
by,
in
paragraph
(
b)(
2),

replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to".

§
96.187
[
Amended]

20.
Section
96.187
is
amended
by:

a.
In
paragraph
(
b)(
2)(
i),
replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to";
and
b.
In
paragraphs
(
b)(
3)(
ii)
and
(
b)(
3)(
ii)(
A),
replace
the
words
"
number
of
CAIR
NOX
allowances"
with
the
words
"
amount
of
CAIR
NOX
allowances".

§
96.188
[
Amended]

21.
Section
96.188
is
amended
by:

a.
Revise
the
title
of
the
section;
and
b.
In
paragraph
(
d)(
2),
replace
the
words
"
CAIR
opt­
in
unit"

with
the
words
"
CAIR
NOX
opt­
in
unit"
to
read
as
follows:

§
96.188
CAIR
NOX
allowance
allocations
to
CAIR
NOX
opt­
in
units.

*
*
*
*
*

§
96.202
[
Amended]

22.
Section
96.202
is
amended
by:

a.
In
the
definition
of
"
Alternative
CAIR
designated
representative",
add
at
the
end
the
words
"
If
the
CAIR
SO2
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
7/
29/
05
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­
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Not
Quote
or
Cite
69
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Hg
Budget
Trading
Program."

b.
In
the
definition
of
"
CAIR
designated
representative",

add
at
the
end
the
words
"
If
the
CAIR
SO2
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
Hg
designated
representative
under
the
Hg
Budget
Trading
Program."

c.
In
the
definition
of
"
CAIR
NOX
Annual
Trading
Program",

replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.123
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

d.
In
the
definition
of
"
CAIR
NOX
Ozone
Season
Trading
Program",
replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.123
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

e.
In
the
definition
of
"
CAIR
SO2
allowance",
replace
in
the
introductory
text
the
words
"
under
§
96.288,"
with
the
words
"
under
§
96.288
or
§
97.288
of
this
chapter,",
designate
the
last
sentence
of
the
definition
as
paragraph
(
4),
and,
in
paragraph
(
4),
replace
the
words
"
Program
or
under
the
provisions
of"
with
the
words
"
Program,
under
provisions
of"
and
replace
the
words
"
is
approved"
with
the
words
"
are
approved"
and
replace
the
words
7/
29/
05
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or
Cite
70
"
of
this
chapter"
with
the
words
"
of
this
chapter,
or
under
§
97.288
of
this
chapter";

f.
In
the
definition
of
"
CAIR
SO2
allowance
deduction
or
deduct
CAIR
SO2
allowances",
add,
after
the
words
"
compliance
account",
the
words
",
e.
g.,";

g.
In
the
definition
of
"
CAIR
SO2
Trading
Program",
replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.124
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
part
97
of
this
chapter
and
§
52.36
of
this
chapter,";

h.
In
the
definition
of
"
Cogeneration
unit",
replace
the
words
"
calendar
year
after
which"
with
the
words
"
calendar
year
after
the
calendar
year
in
which";

i.
In
the
definition
of
"
Commence
commercial
operation",

replace
the
words
"
on
the
date
the
unit
commences"
with
the
words
"
on
the
later
of
November
15,
1990
or
the
date
the
unit
commences"
in
paragraphs
(
1)(
i),
(
1)(
ii),
and
(
2)
and
remove
the
words
"
or
§
97.287(
b)(
3)"
in
paragraph
(
3);

j.
In
the
definition
of
"
Commence
operation",
revise
paragraph
(
1),
remove
paragraph
(
2),
remove
the
words
"
or
§
97.287(
b)(
3)"
in
paragraph
(
3),
replace
the
words
"
in
paragraph
(
3)"
with
the
words
"
in
paragraph
(
2)"
in
paragraphs
(
3)(
i)
and
(
3)(
ii),
replace
the
words
"
in
paragraph
(
1),
(
2),
or
(
3)"
with
the
words
"
in
paragraph
(
1)
or
(
2)",
and
redesignate
paragraph
7/
29/
05
Draft
­
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Not
Quote
or
Cite
71
(
3)
as
paragraph
(
2);

k.
In
the
definition
of
"
Control
period",
replace
the
words
"
January
1
of
a
calendar
year
and"
with
the
words
"
January
1
of
a
calendar
year,
except
as
provided
in
§
97.206(
c)(
2),
and";

l.
In
the
definition
of
"
Useful
thermal
energy",
replace
in
paragraph
(
2)
the
word
"
heat"
with
the
word
"
heating";
and
m.
Add
a
new
definitions
of
"
Hg
Budget
Trading
Program"
and
"
Solid
waste
incineration
unit"
and
revise
to
read
as
follows:

§
96.202
Definitions.

*
*
*
*
*

Commence
operation
means:

(
1)
*
*
*

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

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

*
*
*
*
*
7/
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05
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or
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72
Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
Administrator,
as
a
means
of
reduction
national
Hg
emissions.

*
*
*
*
*

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

*
*
*
*
*

§
96.203
[
Amended]

23.
Section
96.203
is
amended
by
revise
to
read
as
follows:

§
96.203
Measurements,
abbreviations,
and
acroynyms.

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.

lb
 
­
pound.

mmBtu­­
million
Btu.
7/
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05
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Quote
or
Cite
73
MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
96.204
[
Amended]

24.
Section
96.204
is
amended
by
revise
the
section
to
read
as
follows:

a.
In
the
introductory
text,
replace
the
words
"
The
following
units
in
a
State"
with
the
words
"
The
following
units,

except
as
provided
in
paragraph
(
b)
of
this
section,
in
a
State";

b.
In
paragraph
(
a),
replace
the
words
"
paragraph
(
b)"
with
the
words
"
paragraph
(
2)"
and
replace
the
words
"
since
the
startup
with
the
words
"
since
the
later
of
November
15,
1990
or
the
start­
up";

c.
In
paragraph
(
b),
replace
the
words
"
paragraph
(
a)"
with
the
words
"
paragraph
(
a)(
1)",
replace
the
words
"
at
any
time"

with
the
words
"
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,",
and
remove
the
last
sentence;
7/
29/
05
Draft
­
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Quote
or
Cite
74
d.
Designate
the
introductory
text,
paragraph
(
a),
and
paragraph
(
b)
as
paragraph
(
a),
paragraph
(
1),
and
paragraph
(
2)

respectively;
and
e.
Add
new
paragraphs
(
a)(
2)(
i),
(
a)(
2)(
ii),
and
(
b)
to
read
as
follows:

§
96.204
Applicability.

(
a)
*
*
*

(
2)
*
*
*

(
i)
If
a
unit
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)(
1)

of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

(
ii)
If
a
cogeneration
unit
that
is
not
a
CAIR
SO2
unit
under
paragraph
(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
calendar
year
during
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
75
which
the
unit
serves
such
a
generator.

(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
be
a
CAIR
SO2
unit:

(
1)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.

(
2)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.

(
3)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
but
subsequently
no
longer
so
qualifies,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit.

(
4)
If
a
unit
qualifies
under
paragraph
(
b)(
1)
or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
SO2
unit
for
3
consecutive
calendar
years
but
has,
during
any
subsequent
3
consecutive
calendar
years
after
1990,
average
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
76
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­

calendaryear
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
non­
fossil
fuels.

§
96.204
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
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:
any
stationary,

fossilfuel
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)

of
this
section,
is
not
a
CAIR
SO2
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
SO2
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
forth
in
paragraph
(
b)(
1)(
i),
(
2)(
i),
or
(
2)(
ii)
of
this
section
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
77
shall
not
be
CAIR
SO2
units:

(
1)(
i)
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
SO2
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.

(
2)(
i)
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
78
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
ii)
Any
unit
commencing
operation
on
or
after
January
1,

1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
SO2
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

§
96.205
[
Amended]

25.
Section
96.205
is
amended
by:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
79
a.
In
paragraph
(
a)(
1),
replace
the
words
"
§
96.206(
c)(
4)

through
(
8)"
with
the
words
"
§
96.206(
c)(
4)
through
(
7)"
and
replace
the
words
"
subparts
FFF
and
GGG"
with
the
words
"
subparts
BBB,
FFF,
and
GGG";
and
b.
In
paragraph
(
b)(
2),
replace
the
words
"
shall
retain
at
the
source"
with
the
words
"
shall
retain,
at
the
source".

§
96.206
[
Amended]

26.
Section
96.206
is
amended
by:

a.
In
paragraph
(
a)(
1)(
i),
replace
the
words
"
in
§
97.221(
a)

and
(
b)"
with
the
words
"
in
§
97.221";

b.
In
paragraph
(
c)(
2),
replace
the
words
"
under
paragraph
(
c)(
1)
of
this
section"
with
"
under
paragraph
(
c)(
1)
of
this
section
for
the
control
period"
and
replace
the
words
"
under
§
97.270(
b)(
1),
(
2),
or
(
5)"
with
the
words
"
under
§
97.270(
b)(
1),

(
2),
or
(
5)
and
for
each
control
period
thereafter";

c.
In
paragraph
(
c)(
7),
replace
the
words
"
from
a
CAIR
SO2
unit's
compliance
account"
with
the
words
"
from
a
CAIR
SO2
source's
compliance
account"
and
replace
the
words
"
CAIR
permit
of
the
source
that
includes
the
CAIR
SO2
unit"
with
the
words
"
CAIR
permit
of
the
source";
and
d.
In
paragraph
(
d),
remove
paragraph
(
2),
remove
the
designation
of
paragraph
(
1),
redesignate
paragraph
(
i)
as
paragraph
(
1),
and
redesignate
paragraph
(
ii)
as
paragraph
(
2).
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
80
§
96.213
[
Amended]

27.
Section
96.213
is
amended
by,
in
paragraph
(
a)(
4)(
iv),

replacing
the
words
"
where
a
customer"
with
the
words
"
where
a
utility
or
industrial
customer".

§
96.220
[
Amended]

28.
Section
96.220
is
amended
by,
in
paragraph
(
b),

replacing
the
words
"
CAIR
SO2
units
at
the
source"
with
the
words
"
CAIR
SO2
units
at
the
source
covered
by
the
CAIR
permit".

§
96.254
[
Amended]

29.
Section
96.254
is
amended
by:

a.
In
paragraph
(
a)(
3),
replace
the
words
"
deduction
for
excess
emissions"
with
the
words
"
deductions
for
excess
emissions";
and
b.
In
paragraphs
(
c)(
2)(
ii),
(
c)(
2)(
iv),
and
(
c)(
2)(
vi),

replace
the
words
"
to
any
unit"
with
the
words
"
to
any
entity".

c.
In
paragraph
(
d)(
1),
replace
the
words
"
3
times
the
number
of
tons
of
the
source's
excess
emissions."
with
the
words
"
the
sum
of
the
following
amounts:"
and
revise
to
read
as
follows:

§
96.254
Compliance
with
CAIR
SO2
emissions
limitation.

*
*
*
*
*

(
d)
*
*
*

(
1)
*
*
*
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
81
(
i)
The
number
of
tons
of
the
source's
excess
emissions
minus,
if
the
source
is
subject
to
an
Acid
Rain
emissions
limitation,
the
amount
of
the
CAIR
SO2
allowances
required
to
be
deducted
under
paragraph
(
b)(
1)(
ii)
of
this
section;
and
(
ii)
Two
times:

(
A)
The
number
of
tons
of
the
source's
excess
emissions,
if
the
source
is
not
subject
to
an
Acid
Rain
emissions
limitation;

or
(
B)
The
number
of
tons
of
the
source's
excess
emissions
minus
the
amount
of
the
CAIR
SO2
allowances
required
to
be
deducted
under
paragraph
(
b)(
1)(
ii)
of
this
section,
if
the
source
is
subject
to
an
Acid
Rain
emissions
limitation.

§
96.261
[
Amended]

30.
Section
96.261
is
amended
by:

a.
In
paragraph
(
a)(
1),
replace
the
words
"
§
96.260;
and"

with
the
words
"
§
96.260;";

b.
In
paragraph
(
a)(
2),
replace
the
words
"
transfer."
with
the
words
"
transfer;
and";
and
c.
Add
a
new
paragraph
(
a)(
3)
to
read
as
follows:

§
96.261
EPA
recordation.

(
a)*
*
*

(
3)
The
transfer
is
in
accordance
with
the
limitation
on
transfer
under
§
74.42
of
this
chapter
and
§
74.47(
c)
of
this
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
82
chapter,
as
applicable.

§
96.270
[
Amended]

31.
Section
96.270
is
amended
by:

a.
In
paragraph
(
b)(
5),
replace
the
words
"
paragraphs
(
b)(
1),
(
2),
or
(
4)
of
this
section
and
solely
for
purposes
of
§
97.206(
c)(
2),
for
the
owner"
with
the
words
"
paragraphs
(
b)(
1)

and
(
2)
of
this
section,
for
the
owner";
and
b.
Add
a
new
paragraph
(
e)
to
read
as
follows:

§
96.270
General
Requirements.

*
*
*
*
*

(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
SO2
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
96.271
[
Amended]

32.
Section
96.271
is
amended
by
remove
and
reserve
paragraph
(
c).

§
96.273
[
Amended]

33.
Section
96.273
is
amended
by
remove
the
words
",
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
[
Amended]

34.
Section
96.274
is
amended
by:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
83
a.
In
paragraph
(
d)(
1)(
i),
replace
the
words
"
2009;
or"
with
the
words
"
2009;";

b.
In
paragraph
(
d)(
1)(
ii),
replace
the
words
"
2009."
with
the
words
"
2009;";

c.
Add
new
paragraphs
(
d)(
1)(
iii)
and
(
iv);
and
d.
In
paragraph
(
d)(
3),
replace
the
words
"
or
CAIR
NOX
Ozone
Season
Trading
Program,"
with
the
words
",
CAIR
NOX
Ozone
Season
Trading
Program,
or
Hg
Budget
Trading
Program,"
and
replace
the
words
"
subparts
F
through
H"
with
the
words
"
subparts
F
through
I"
to
read
as
follows:

§
96.274
Recordkeeping
and
reporting.

*
*
*
*
*

(
d)
*
*
*

(
1)
*
*
*

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
III
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.284(
b);
and
(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part,
the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
as
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
84
provided
in
§
97.284(
g).

*
*
*
*
*

§
96.283
[
Amended]

35.
Section
96.283
is
amended
by:

a.
In
paragraph
(
a)(
2)(
iii),
replace
the
words
"
CAIR
opt­
in
unit"
with
the
words
"
CAIR
SO2
opt­
in
unit";
and
b.
In
paragraph
(
b)(
1),
replace
the
words
"
or
permitting
authority's"
with
the
words
"
or
the
permitting
authority's".

§
96.284
[
Amended]

36.
Section
96.284
is
amended
by:

a.
In
paragraph
(
c)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
period
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";

b.
In
paragraph
(
d)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";
and
c.
In
paragraph
(
d)(
3),
replace
the
words
"
for
such
control
period"
with
words
"
for
such
control
periods".

§
96.285
[
Amended]
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
85
37.
Section
96.285
is
amended
by:

a.
In
paragraph
(
b),
replacing
the
words
"
under
subpart
FFF
or
GGG"
with
the
words
"
under
subpart
FFF,
GGG,
or
III";
and
b.
Adding
a
new
paragraph
(
c)
to
read
as
follows:

§
96.285
CAIR
opt­
in
permit
contents.

(
a)
*
*
*

*
*
*
*
*

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
specified
by
the
permitting
authority,
in
the
CAIR
permit
for
the
source
where
the
CAIR
opt­
in
unit
is
located.

§
96.286
[
Amended]

38.
Section
96.286
is
amended
by,
in
paragraph
(
b)(
2),

replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to".

§
96.287
[
Amended]

39.
Section
96.287
is
amended
by:

a.
In
paragraph
(
b)(
2)(
i),
replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to";
and
b.
Remove
paragraph
(
b)(
3).

§
96.288
[
Amended]

40.
Section
96.288
is
amended
by:

a.
Revise
the
title
of
the
section;
and
b.
In
paragraph
(
d)(
2),
replace
the
words
"
CAIR
opt­
in
unit"
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
86
with
the
words
"
CAIR
SO2
opt­
in
unit"
to
read
as
follows:

§
96.288
CAIR
SO2
allowance
allocations
to
CAIR
SO2
opt­
in
units.

*
*
*
*
*

§
96.302
[
Amended]

41.
Section
96.302
is
amended
by:

a.
In
the
definition
of
"
Allocate
or
allocation",
replace
with
words
"
under
subpart
EEEE"
with
the
words
"
under
subpart
EEEE
of
this
part
or
§
51.123(
aa)(
2)(
iii),
(
bb)(
2)(
iii)
or
(
iv),

or
(
dd)(
3)
or
(
4)";

b.
In
the
definition
of
"
Alternate
CAIR
designated
representative",
add
at
the
end
the
words
"
If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Hg
Budget
Trading
Program,

then
this
natural
person
shall
be
the
same
person
as
the
alternate
Hg
designated
representative
under
the
Hg
Budget
Trading
Program."

c.
In
the
definition
of
"
CAIR
designated
representative",

add
at
the
end
the
words
"
If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
Hg
designated
representative
under
the
Hg
Budget
Trading
Program."

d.
In
the
definition
of
"
CAIR
NOX
Annual
Trading
Program",

replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.123
of
this
chapter
or
established
by
the
Administrator
in
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
87
accordance
with
subparts
AA
through
II
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

e.
In
the
definition
of
"
CAIR
NOX
Ozone
Season
allowance",

replace
the
words
"
by
the
permitting
authority
under"
with
the
words
"
by
the
permitting
authority
or
the
Administrator
under",

replace
the
words
"
§
51.123(
aa)(
2)(
iii)(
A)"
with
the
words
"
§
51.123(
aa)(
2)(
iii)",
replace
the
words
"
or
(
dd)(
3)
or
(
4)
of
this
chapter"
with
the
words
"
or
(
dd)(
3)
or
(
4)
of
this
chapter,
or
under
subpart
EEEE
of
part
97
or
§
97.388
of
this
chapter",

replace
the
words
"
NOX
Budget
Trading
Program"
with
the
words
"
NOX
Budget
Trading
Program
in
accordance
with
§
51.121(
p)
of
this
chapter",
and
replace
the
words
"
or
(
dd)
of
this
chapter"
with
the
words
"
or
(
dd)
of
this
chapter
or
subpart
EEEE
of
part
97
or
§
97.388
of
this
chapter";

f.
In
the
definition
of
"
CAIR
NOX
Ozone
Season
allowance
deduction
or
deduct
CAIR
NOX
Ozone
Season
allowances",
add,
after
the
words
"
compliance
account",
the
words
",
e.
g.,";

g.
In
the
definition
of
"
CAIR
NOX
Ozone
Season
Trading
Program",
replace
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.123
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
part
97
of
this
chapter
and
§
52.35
of
this
chapter,";

h.
In
the
definition
of
"
CAIR
SO2
Trading
Program",
replace
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
88
the
words
"
§
51.123
of
this
chapter,"
with
the
words
"
§
51.124
of
this
chapter
or
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
part
97
of
this
chapter
and
§
52.36
of
this
chapter,";

i.
In
the
definition
of
"
Cogeneration
unit",
replace
the
words
"
calendar
year
after
which"
with
the
words
"
calendar
year
after
the
calendar
year
in
which";

j.
In
the
definition
of
"
Commence
commercial
operation",
in
paragraphs
(
1)(
i),
(
1)(
ii),
and
(
2),
replace
the
words
"
on
the
date
the
unit
commences"
with
the
words
"
on
the
later
of
November
15,
1990
or
the
date
the
unit
commences";

k.
In
the
definition
of
"
Commence
operation",
revise
paragraphs
(
1)
and
(
2);

l.
In
the
definition
of
"
Control
period",
replace
the
words
"
January
1
of
a
calendar
year
and"
with
the
words
"
January
1
of
a
calendar
year,
except
as
provided
in
§
97.306(
c)(
2),
and";

m.
In
the
definition
of
"
Oil­
fired",
replace
the
words
"
in
a
specified
year."
with
the
words
"
in
a
specified
year
and
not
qualifying
as
coal­
fired.";

n.
In
the
definition
of
"
Useful
thermal
energy",
replace
in
paragraph
(
2)
the
word
"
heat"
with
the
word
"
heating";
and
o.
Add
a
new
definitions
of
"
Hg
Budget
Trading
Program"
and
"
Solid
waste
incineration
unit"
and
revise
to
read
as
follows:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
89
§
96.302
Definitions.

*
*
*
*
*

Commence
operation
means:

(
1)
*
*
*

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
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)
or
(
2)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
97.305,
for
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304(
d),
but
not
on
the
later
of
November
15,
1990
or
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
§
97.304(
d).
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
90
(
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.

*
*
*
*
*

Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
Administrator,
as
a
means
of
reduction
national
Hg
emissions.

*
*
*
*
*

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
91
*
*
*
*
*

§
96.303
[
Amended]

42.
Section
96.303
is
amended
by
revise
to
read
as
follows:

§
96.303
Measurements,
abbreviations,
and
acroynyms.

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.

lb
 
­
pound.

mmBtu­­
million
Btu.

MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
96.304
[
Amended]

43.
Section
96.304
is
amended
by
revise
the
section
to
read
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
92
as
follows:

a.
In
the
introductory
text,
replace
the
words
"
The
following
units
in
a
State"
with
the
words
"
The
following
units,

except
as
provided
in
paragraph
(
b)
of
this
section,
in
a
State";

b.
In
paragraph
(
a),
replace
the
words
"
paragraph
(
b)"
with
the
words
"
paragraph
(
2)"
and
replace
the
words
"
since
the
startup
with
the
words
"
since
the
later
of
November
15,
1990
or
the
start­
up";

c.
In
paragraph
(
b),
replace
the
words
"
paragraph
(
a)"
with
the
words
"
paragraph
(
a)(
1)",
replace
the
words
"
at
any
time"

with
the
words
"
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,",
and
remove
the
last
sentence;

d.
Designate
the
introductory
text,
paragraph
(
a),
and
paragraph
(
b)
as
paragraph
(
a),
paragraph
(
1),
and
paragraph
(
2)

respectively;
and
e.
Add
new
paragraphs
(
a)(
2)(
i),
(
a)(
2)(
ii),
and
(
b)
to
read
as
follows:

§
96.304
Applicability.

(
a)
*
*
*

(
2)
*
*
*

(
i)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
93
electricity
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)

of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit.

(
ii)
If
a
cogeneration
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
under
paragraph
(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
calendar
year
during
which
the
unit
serves
such
a
generator.

(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
be
a
CAIR
NOX
Ozone
Season
unit:

(
1)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
94
(
2)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.

(
3)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
but
subsequently
no
longer
so
qualifies,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit.

(
4)
If
a
unit
qualifies
under
paragraph
(
b)(
1)
or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
for
3
consecutive
calendar
years
but
has,
during
any
subsequent
3
consecutive
calendar
years
after
1990,
average
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­
calendar­
year
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
non­
fossil
fuels.

§
96.304
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
The
following
units
in
a
State
shall
be
CAIR
NOX
Ozone
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
95
Season
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:
any
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)

of
this
section,
is
not
a
CAIR
NOX
Ozone
Season
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
forth
in
paragraph
(
b)(
1)(
i),
(
2)(
i),
or
(
2)(
ii)
of
this
section
shall
not
be
CAIR
NOX
Ozone
Season
units:

(
1)(
i)
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
96
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.

(
2)(
i)
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
ii)
Any
unit
commencing
operation
on
or
after
January
1,
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
97
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

§
96.305
[
Amended]

44.
Section
96.305
is
amended
by:

a.
In
paragraph
(
a)(
1),
replace
the
words
"
§
96.306(
c)(
4)

through
(
8)"
with
the
words
"
§
96.306(
c)(
4)
through
(
7)"
and
replace
the
words
"
subparts
EEEE
through
GGGG"
with
the
words
"
subparts
BBBB
and
EEEE
through
GGGG";
and
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
98
b.
In
paragraph
(
b)(
3),
replace
the
words
"
shall
retain
at
the
source"
with
the
words
"
shall
retain,
at
the
source".

§
96.306
[
Amended]

45.
Section
96.306
is
amended
by:

a.
In
paragraph
(
a)(
1)(
i),
replace
the
words
"
in
§
97.321(
a)

and
(
b)"
with
the
words
"
in
§
97.321";

b.
In
paragraph
(
c)(
2),
replace
the
words
"
under
paragraph
(
c)(
1)
of
this
section"
with
"
under
paragraph
(
c)(
1)
of
this
section
for
the
control
period"
and
replace
the
words
"
under
§
97.370(
b)(
1),
(
2),
(
3),
or
(
7)"
with
the
words
"
under
§
97.370(
b)(
1),
(
2),
(
3),
or
(
7)
and
for
each
control
period
thereafter";

c.
In
paragraph
(
c)(
7),
replace
the
words
"
from
a
CAIR
NOX
Ozone
Season
unit's
compliance
account"
with
the
words
"
from
a
CAIR
NOX
Ozone
Season
source's
compliance
account"
and
replace
the
words
"
CAIR
permit
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
unit"
with
the
words
"
CAIR
permit
of
the
source";
and
d.
In
paragraph
(
d),
remove
paragraph
(
2),
remove
the
designation
of
paragraph
(
1),
redesignate
paragraph
(
i)
as
paragraph
(
1),
and
redesignate
paragraph
(
ii)
as
paragraph
(
2).

§
96.313
[
Amended]

46.
Section
96.313
is
amended
by,
in
paragraph
(
a)(
4)(
iv),

replacing
the
words
"
where
a
customer"
with
the
words
"
where
a
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
99
utility
or
industrial
customer".

§
96.342
[
Amended]

47.
Section
96.342
is
amended
by:

a.
In
paragraph
(
a)(
2)(
i),
replace
the
words
"
during
a
calendar
year"
by
the
words
"
during
a
control
period
in
a
calendar
year";

b.
In
paragraph
(
a)(
2)(
ii)(
C),
replace
the
words
"
3,414
Btu/
kWh"
with
the
words
"
3,413
Btu/
kWh";

c.
In
paragraph
(
c)(
1),
replace
the
words
"
2009
through
2013"
with
the
words
"
2009
through
2014"
and
replace
the
words
"
in
2014"
with
the
words
"
in
2015";

d.
In
paragraph
(
c)(
2),
replace
the
words
"
on
or
before
April
1"
with
the
words
"
on
or
before
February
1";
and
e.
In
paragraph
(
c)(
4)(
ii),
replace
the
words
"
on
or
after
April
1"
with
the
words
"
on
or
after
February
1".

§
96.353
[
Amended]

48.
Section
96.353
is
amended
by:

a.
In
paragraph
(
a),
replace
the
words
"
By
December
1,
2006,

the
Administrator"
with
the
words
"
The
Administrator";
and
b.
Revise
paragraph
(
c)
to
read
as
follows:

§
96.353
Recordation
of
CAIR
NOX
Ozone
Season
allowance
allocations.

*
*
*
*
*
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
100
(
c)
By
December
1,
2009
and
December
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
as
determined
by
the
Administrator
in
accordance
with
§
97.341(
b),
for
the
control
period
in
the
sixth
year
after
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

*
*
*
*
*

§
96.354
[
Amended]

49.
Section
96.354
is
amended
by,
in
paragraph
(
c)(
2)(
ii),

replace
the
words
"
to
any
unit"
with
the
words
"
to
any
entity".

§
96.370
[
Amended]

50.
Section
96.370
is
amended
by
a.
In
paragraph
(
b)(
7),
replace
the
words
"
paragraphs
(
b)(
1),
(
2),
and
(
3)
of
this
section
and
solely
for
purposes
of
§
97.206(
c)(
2),
for
the
owner"
with
the
words
"
paragraphs
(
b)(
1),

(
2),
and
(
3)
of
this
section,
for
the
owner"
and
replace
the
words
"
CAIR
NOX
Ozone
Season
opt­
in
unit"
with
the
words
"
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part";
and
b.
Add
a
new
paragraph
(
e)
to
read
as
follows:

§
96.370
General
Requirements.

*
*
*
*
*
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
101
(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
96.371
[
Amended]

51.
Section
96.373
is
amended
by,
in
paragraph
(
c),
replace
thee
words
"
§
75.12,
§
75.17,
or
subpart
H
of
part
75"
with
the
words
"
§
75.12
or
§
75.17".

§
96.373
[
Amended]

52.
Section
96.373
is
amended
by
remove
the
words
",
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
[
Amended]

53.
Section
96.374
is
amended
by:

a.
In
paragraph
(
d)(
1)(
i),
replace
the
words
"
2008;
or"
with
the
words
"
2008.";

b.
In
paragraph
(
d)(
2)(
i)(
A),
replace
the
words
"
2008;"
with
the
words
"
2008.";

c.
Add
new
paragraphs
(
d)(
1)(
iii)
and
(
iv)
and
(
d)(
2)(
iii)

and
(
iv);
and
d.
In
paragraph
(
d)(
3),
replace
the
words
"
or
CAIR
SO2
Trading
Program,"
with
the
words
",
CAIR
SO2
Trading
Program,
or
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
102
Hg
Budget
Trading
Program,"
and
replace
the
words
"
subparts
F
through
H"
with
the
words
"
subparts
F
through
I"
to
read
as
follows:

§
96.374
Recordkeeping
and
reporting.

*
*
*
*
*

(
d)
*
*
*

(
1)
*
*
*

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.384(
b);
and
(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
97.384(
g).

(
2)
*
*
*

(
iii)
Notwithstanding
paragraphs
(
d)(
2)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.384(
b).

(
iv)
Notwithstanding
paragraphs
(
d)(
2)(
i)
and
(
ii)
of
this
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
103
section,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
97.384(
g).

*
*
*
*
*

§
96.384
[
Amended]

54.
Section
96.384
is
amended
by:

a.
In
paragraph
(
c)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
for
the
control
period
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";

b.
In
paragraph
(
d)(
2),
replace
the
words
"
for
the
control
period
under
paragraph
(
b)(
1)(
ii)
of
this
section
and
the
control
periods
under
paragraph
(
b)(
2)
of
this
section"
with
the
words
"
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
2)
of
this
section";
and
c.
In
paragraph
(
d)(
3),
replace
the
words
"
for
such
control
period
"
with
words
"
for
such
control
periods".

§
96.385
[
Amended]

55.
Section
96.385
is
amended
by:

a.
In
paragraph
(
b),
replacing
the
words
"
under
subpart
FFFF
or
GGGG"
with
the
words
"
under
subpart
FFFF,
GGGG,
or
IIII";
and
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
104
b.
Adding
a
new
paragraph
(
c)
to
read
as
follows:

§
96.385
CAIR
opt­
in
permit
contents.

*
*
*
*
*

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
specified
by
the
permitting
authority,
in
the
CAIR
permit
for
the
source
where
the
CAIR
opt­
in
unit
is
located.

§
96.386
[
Amended]

56.
Section
96.386
is
amended
by,
in
paragraph
(
b)(
2),

replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to".

§
96.387
[
Amended]

57.
Section
96.387
is
amended
by:

a.
In
paragraph
(
b)(
2)(
i),
replace
the
words
"
equal
in
number
to"
with
the
words
"
equal
in
amount
to";
and
b.
In
paragraphs
(
b)(
3)(
ii)
and
(
b)(
3)(
ii)(
A),
replace
the
words
"
number
of
CAIR
NOX
allowances"
with
the
words
"
amount
of
CAIR
NOX
allowances".

§
96.388
[
Amended]

58.
Section
96.388
is
amended
by:

a.
Revise
the
title
of
the
section;
and
b.
In
paragraph
(
d)(
2),
replace
the
words
"
CAIR
opt­
in
unit"

with
the
words
"
CAIR
NOX
Ozone
Season
opt­
in
unit"
to
read
as
follows:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
105
§
96.388
CAIR
NOX
Ozone
Season
allowance
allocations
to
CAIR
NOX
Ozone
Season
opt­
in
units.

*
*
*
*
*

PART
97
 
FEDERAL
NOX
BUDGET
TRADING
PROGRAM
AND
CAIR
NOX
AND
SO2
TRADING
PROGRAMS
1.
The
title
of
part
97
is
revised
to
read
as
set
forth
above.

2.
The
authority
citation
for
Part
97
is
revised
to
read
as
follows:

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

3.
Part
97
is
amended
by
adding
subparts
AA
through
HH,
to
read
as
follows:

Subpart
AA
 
CAIR
NOX
Annual
Trading
Program
General
Provisions
97.101
Purpose.

97.102
Definitions.

97.103
Measurements,
abbreviations,
and
acronyms.

97.104
Applicability.

97.105
Retired
unit
exemption.

97.106
Standard
requirements.

97.107
Computation
of
time.

97.108
Appeal
Procedures.

Subpart
BB
 
CAIR
Designated
Representative
for
CAIR
NOX
Sources
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
106
97.110
Authorization
and
responsibilities
of
CAIR
designated
representative.

97.111
Alternate
CAIR
designated
representative.

97.112
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

97.113
Certificate
of
representation.

97.114
Objections
concerning
CAIR
designated
representative.

Subpart
CC
 
Permits
97.120
General
CAIR
NOX
Annual
Trading
Program
permit
requirements.

97.121
Submission
of
CAIR
permit
applications.

97.122
Information
requirements
for
CAIR
permit
applications.

97.123
CAIR
permit
contents
and
term.

97.124
CAIR
permit
revisions.

Subpart
DD
 
[
Reserved]

Subpart
EE
 
CAIR
NOX
Allowance
Allocations
97.140
State
trading
budgets.

97.141
Timing
requirements
for
CAIR
NOX
allowance
allocations.

97.142
CAIR
NOX
allowance
allocations.

97.143
Compliance
supplement
pool.

97.144
Alternative
of
allocation
of
CAIR
NOX
allowances
and
compliance
supplement
pool
by
permitting
authority.

APPENDIX
A
TO
SUBPART
EE
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
107
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
ALLOCATIONS
Subpart
FF
 
CAIR
NOX
Allowance
Tracking
System
97.150
[
Reserved]

97.151
Establishment
of
accounts.

97.152
Responsibilities
of
CAIR
authorized
account
representative.

97.153
Recordation
of
CAIR
NOX
allowance
allocations.

97.154
Compliance
with
CAIR
NOX
emissions
limitation.

97.155
Banking.

97.156
Account
error.

97.157
Closing
of
general
accounts.

Subpart
GG
 
CAIR
NOX
Allowance
Transfers
97.160
Submission
of
CAIR
NOX
allowance
transfers.

97.161
EPA
recordation.

97.162
Notification.

Subpart
HH
 
Monitoring
and
Reporting
97.170
General
requirements.

97.171
Initial
certification
and
recertification
procedures.

97.172
Out
of
control
periods.

97.173
Notifications.

97.174
Recordkeeping
and
reporting.

97.175
Petitions.

97.176
Additional
requirements
to
provide
heat
input
data.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
108
Subpart
II
 
CAIR
NOX
Opt­
in
Units
97.180
Applicability.

97.181
General.

97.182
CAIR
designated
representative.

97.183
Applying
for
CAIR
opt­
in
permit.

97.184
Opt­
in
process.

97.185
CAIR
opt­
in
permit
contents.

97.186
Withdrawal
from
CAIR
NOX
Annual
Trading
Program.

97.187
Change
in
regulatory
status.

97.188
CAIR
NOX
allowance
allocations
to
CAIR
NOX
opt­
in
units.

APPENDIX
A
TO
SUBPART
II
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
NOX
OPT­
IN
UNITS
Subpart
AA
 
CAIR
NOX
Annual
Trading
Program
General
Provisions
§
97.101
Purpose.

This
subpart
and
subparts
BB
through
II
set
forth
the
general
provisions
and
the
designated
representative,
permitting,

allowance,
monitoring,
and
opt­
in
provisions
for
the
Federal
Clean
Air
Interstate
Rule
(
CAIR)
NOX
Annual
Trading
Program,
under
section
110
of
the
Clean
Air
Act
and
§
52.35
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
nitrogen
oxides.

§
97.102
Definitions.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
109
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.

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.

Actual
weighted
average
NOX
emission
rate
means,
for
a
NOX
averaging
plan
under
§
76.11
of
this
chapter
and
for
a
year:

(
1)
The
sum
of
the
products
of
the
actual
annual
average
NOX
emission
rate
and
actual
annual
heat
input
(
as
determined
in
accordance
with
part
75
of
this
chapter)
for
all
units
in
the
NOX
averaging
plan
for
the
year;
divided
by
(
2)
The
sum
of
the
actual
annual
heat
input
(
as
determined
in
accordance
with
part
75
of
this
chapter)
for
all
units
in
the
NOX
averaging
plan
for
the
year.

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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
110
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
§
97.188,
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
§
97.154.

Alternate
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
111
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.
If
the
CAIR
NOX
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Hg
Budget
Trading
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
112
electricity
production.

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

in
accordance
with
subparts
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
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.
If
the
CAIR
NOX
source
is
also
subject
to
the
Hg
Budget
Trading
Program,

then
this
natural
person
shall
be
the
same
person
as
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
113
designated
representative
under
the
Hg
Budget
Trading
Program.

CAIR
NOX
allowance
means
a
limited
authorization
issued
by
the
permitting
authority
or
the
Administrator
under
subpart
EE
of
this
part
or
under
§
97.188,
or
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
o)(
1)
or
(
2)

of
this
chapter,
to
emit
one
ton
of
nitrogen
oxides
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
subpart
EE
of
this
part,
or
under
§
97.188,
or
the
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,
e.
g.,
in
order
to
account
for
a
specified
number
of
tons
of
total
nitrogen
oxides
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
114
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
established
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
o)(
1)
or
(
2)

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
§
97.154(
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.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
115
CAIR
NOX
Ozone
Season
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
aa)(
1)
or
(
2)
(
and
(
bb)(
1)),
(
bb)(
2),
or
(
dd)
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
§
97.304
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
§
97.104
and,
except
for
purposes
of
§
97.105
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.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
116
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
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
52.36
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.124(
o)(
1)
or
(
2)
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
§
97.204
and
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Certifying
official
means:

(
1)
For
a
corporation,
a
president,
secretary,
treasurer,
or
vice­
president
or
the
corporation
in
charge
of
a
principal
business
function
or
any
other
person
who
performs
similar
policy
or
decision­
making
functions
for
the
corporation;

(
2)
For
a
partnership
or
sole
proprietorship,
a
general
partner
or
the
proprietor
respectively;
or
(
3)
For
a
local
government
entity
or
State,
Federal,
or
other
public
agency,
a
principal
executive
officer
or
ranking
elected
official.

Clean
Air
Act
or
CAA
means
the
Clean
Air
Act,
42
U.
S.
C.
7401,
et
7/
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05
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­
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Not
Quote
or
Cite
117
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:

(
1)
Having
equipment
used
to
produce
electricity
and
useful
thermal
energy
for
industrial,
commercial,
heating,
or
cooling
purposes
through
the
sequential
use
of
energy;
and
(
2)
Producing
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
during
any
calendar
year
after
the
calendar
year
in
which
the
unit
first
produces
electricity
 
(
i)
For
a
topping­
cycle
cogeneration
unit,
7/
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05
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­
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or
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118
(
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
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
§
97.105.

(
i)
For
a
unit
that
is
a
CAIR
NOX
unit
under
§
97.104
on
the
7/
29/
05
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Quote
or
Cite
119
later
of
November
15,
1990
or
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
§
97.104
on
the
later
of
November
15,
1990
or
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
§
97.105,
for
a
unit
that
is
not
a
CAIR
NOX
unit
under
§
97.104
on
the
later
of
November
15,
1990
or
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
unit
under
§
97.104.

(
i)
For
a
unit
with
a
date
for
commencement
of
commercial
operation
as
defined
in
paragraph
(
2)
of
this
definition
and
that
7/
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05
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or
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120
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
§
97.184(
h)
or
§
97.187(
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
§
97.184(
b)(
1)(
i).

(
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.
7/
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05
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or
Cite
121
(
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
§
97.105.

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

(
ii)
For
a
unit
that
is
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
the
replacement
unit
7/
29/
05
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or
Cite
122
shall
be
treated
as
a
separate
unit
with
a
separate
date
for
commencement
of
operation
as
defined
in
paragraph
(
1)
or
(
2)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
97.184(
h)
or
§
97.187(
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
§
97.184(
b)(
1)(
i).

(
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)
or
(
2)
of
this
definition
as
appropriate.

Common
stack
means
a
single
flue
through
which
emissions
from
2
7/
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05
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or
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123
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
§
97.154.

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
oxides
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
providing
a
permanent,
continuous
record
of
stack
gas
volumetric
flow
rate,
in
standard
cubic
feet
per
hour
(
scfh);
7/
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or
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124
(
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
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
7/
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or
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125
O2,
in
percent
O2.

Control
period
means
the
period
beginning
January
1
of
a
calendar
year,
except
as
provided
in
§
97.106(
c)(
2),
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
oxides
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
compliance
account.

Generator
means
a
device
that
produces
electricity.
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or
Cite
126
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.

Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
7/
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127
Administrator,
as
a
means
of
reduction
national
Hg
emissions.

Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
utility
or
industrial
customer
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
percentage
of
nameplate
capacity
and
associated
energy
generated
by
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
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128
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
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
the
completion
of
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
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129
input
in
a
specified
year
and
not
qualifying
as
coal­
fired.

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
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.
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130
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
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
coal­
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or
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131
fired
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
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
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132
electricity
production.

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

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
is
subject
to
the
CAIR
NOX
Annual
Trading
Program
pursuant
to
§
52.35
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.
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or
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133
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
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.
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or
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134
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
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.
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or
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135
§
97.103
Measurements,
abbreviations,
and
acronyms.

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

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.

lb
 
­
pound.

mmBtu­­
million
Btu.

MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
97.104
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
The
following
units
in
a
State
shall
be
CAIR
NOX
units,
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136
except
as
provided
in
paragraph
(
b)
of
this
section,
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:
(
1)
Except
as
provided
in
paragraph
(
a)(
2)
of
this
section,
a
any
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)

of
this
section,
is
not
a
CAIR
NOX
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
NOX
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
forth
in
paragraph
(
b)(
1)(
i),
(
2)(
i),
or
(
2)(
ii)
of
this
section
shall
not
be
CAIR
NOX
units:

(
1)(
i)
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,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
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Quote
or
Cite
137
chamber,
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.
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
the
unit
shall
become
a
CAIR
NOX
unitbut
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
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or
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138
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.
(
iii)
If
a
cogeneration
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
under
paragraph
(
a)(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
January
1
after
the
first
such
calendar
year
during
which
the
unit
serves
such
a
generator.
(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
be
a
CAIR
NOX
Ozone
Season
unit:

(
2)(
i)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
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or
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139
Btu
basis).

(
ii)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
on
or
after
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
but
subsequently
no
longer
so
qualifies,
the
unit
shall
become
a
CAIR
NOX
unit
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
7/
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or
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140
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.

(
iv)
If
a
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
continues
to
be
a
solid
waste
incineration
unit
qualifies
under
paragraph
(
b)(
1)

or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
for
calendar
year
3
consecutive
calendar
years
but
has,
during
any
subsequent
3
consecutive
calendar
years
after
1990,
average
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­
calendar­
year
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
nonfossil
fuels.

(
c)
A
certifying
official
of
an
owner
or
operator
of
any
unit
may
petition
the
Administrator
at
any
time
for
a
determination
concerning
the
applicability,
under
paragraphs
(
a)

and
(
b)
of
this
section,
of
the
CAIR
NOX
Annual
Trading
Program
to
the
unit.

(
1)
Petition
content.
The
petition
shall
be
in
writing
and
include
the
identification
of
the
unit
and
the
relevant
facts
about
the
unit.
The
petition
and
any
other
documents
provided
to
the
Administrator
in
connection
with
the
petition
shall
include
the
following
certification
statement,
signed
by
the
certifying
official:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
unit
for
which
the
submission
is
7/
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05
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or
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141
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)
Submission.
The
petition
and
any
other
documents
provided
in
connection
with
the
petition
shall
be
submitted
to
the
Director
of
the
Clean
Air
Markets
Division,
U.
S.

Environmental
Protection
Agency,
who
will
act
on
the
petition
as
the
Administrator's
duly
authorized
representative.

(
3)
Response.
The
Administrator
will
issue
a
written
response
to
the
petition
and
may
request
supplemental
information
relevant
to
such
petition.
The
Administrator's
determination
concerning
the
applicability,
under
paragraphs
(
a)
and
(
b)
of
this
section,
of
the
CAIR
NOX
Annual
Trading
Program
to
the
unit
shall
be
binding
on
the
permitting
authority
unless
the
petition
or
other
information
or
documents
provided
in
connection
with
the
petition
are
found
to
have
contained
significant,
relevant
errors
or
omissions.
7/
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or
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142
§
97.105
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,
§
97.102,
§
97.103,
§
97.104,
§
97.106(
c)(
4)
through
(
7),
§
97.107,
and
subparts
BB
and
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
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
statement
under
paragraph
(
a)(
2)
of
this
section,
the
permitting
authority
will
amend
any
permit
under
subpart
CC
of
this
part
covering
the
source
at
which
the
unit
is
located
to
add
the
provisions
and
requirements
of
the
exemption
under
paragraphs
(
a)(
1)
and
(
b)
of
this
section.

(
b)
Special
provisions.

(
1)
A
unit
exempt
under
paragraph
(
a)
of
this
section
shall
7/
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05
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or
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143
not
emit
any
nitrogen
oxides,
starting
on
the
date
that
the
exemption
takes
effect.

(
2)
The
Administrator
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.

(
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
7/
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05
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or
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144
resume
operation
unless
the
CAIR
designated
representative
of
the
source
submits
a
complete
CAIR
permit
application
under
§
97.122
for
the
unit
not
less
than
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2009
or
the
date
on
which
the
unit
resumes
operation.

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

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

(
ii)
The
date
on
which
the
CAIR
designated
representative
is
required
under
paragraph
(
b)(
5)
of
this
section
to
submit
a
CAIR
permit
application
for
the
unit;
or
(
iii)
The
date
on
which
the
unit
resumes
operation,
if
the
CAIR
designated
representative
is
not
required
to
submit
a
CAIR
permit
application
for
the
unit.

(
7)
For
the
purpose
of
applying
monitoring,
reporting,
and
recordkeeping
requirements
under
subpart
HH
of
this
part,
a
unit
that
loses
its
exemption
under
paragraph
(
a)
of
this
section
shall
be
treated
as
a
unit
that
commences
operation
and
commercial
operation
on
the
first
date
on
which
the
unit
resumes
operation.

§
97.106
Standard
requirements.
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145
(
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
§
97.122
in
accordance
with
the
deadlines
specified
in
§
97.121;
and
(
ii)
Submit
in
a
timely
manner
any
supplemental
information
that
the
permitting
authority
determines
is
necessary
in
order
to
review
a
CAIR
permit
application
and
issue
or
deny
a
CAIR
permit.

(
2)
The
owners
and
operators
of
each
CAIR
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
of
this
part
for
the
source
and
operate
the
source
and
the
unit
in
compliance
with
such
CAIR
permit.

(
3)
Except
as
provided
under
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.
7/
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05
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or
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146
(
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
oxides
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
§
97.154(
a)
in
an
amount
not
less
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
for
the
control
period
starting
on
the
later
of
January
1,
2009
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
97.170(
b)(
1),(
2),
or
(
5)
and
for
each
control
period
thereafter.

(
3)
A
CAIR
NOX
allowance
shall
not
be
deducted,
for
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147
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
oxides
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
§
97.105
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
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
subpart
FF,

GG,
or
II
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
NOX
allowance
to
or
from
a
CAIR
NOX
source's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source
.

(
d)
Excess
emissions
requirements.

If
a
CAIR
NOX
source
emits
nitrogen
oxides
during
any
control
period
in
excess
of
the
CAIR
NOX
emissions
limitation,
then:

(
1)
The
owners
and
operators
of
the
source
and
each
CAIR
NOX
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148
unit
at
the
source
shall
surrender
the
CAIR
NOX
allowances
required
for
deduction
under
§
97.154(
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
(
2)
Each
ton
of
such
excess
emissions
and
each
day
of
such
control
period
shall
constitute
a
separate
violation
of
this
subpart,
the
Clean
Air
Act,
and
applicable
State
law.

(
e)
Recordkeeping
and
reporting
requirements.

(
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
Administrator.

(
i)
The
certificate
of
representation
under
§
97.113
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
§
97.113
changing
the
CAIR
designated
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149
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
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
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150
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
§
97.105
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.

§
97.107
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
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.
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151
§
97.108
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
§
97.110
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
97.111,
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
shall
act
in
accordance
with
the
certification
statement
in
§
97.113(
a)(
4)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.113,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
each
owner
and
operator
of
the
CAIR
NOX
source
represented
and
each
CAIR
NOX
unit
at
the
source
in
all
matters
pertaining
to
the
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152
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
§
97.113
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
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
7/
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153
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.

§
97.111
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
97.113
may
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.113,
any
representation,

action,
inaction,
or
submission
by
the
alternate
CAIR
designated
representative
shall
be
deemed
to
be
a
representation,
action,
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or
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154
inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
97.102,
97.110(
a)
and
(
d),

97.112,
97.113,
and
97.151
and
§
97.182,
whenever
the
term
"
CAIR
designated
representative"
is
used
in
subparts
AA
through
II
of
this
part,
the
term
shall
be
construed
to
include
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative.

§
97.112
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
97.113.
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
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
§
97.113.
Notwithstanding
any
such
change,
all
representations,
actions,
inactions,
and
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or
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155
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
§
97.113,

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
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
§
97.113
amending
the
list
of
owners
and
operators
to
include
the
change.
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or
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156
§
97.113
Certificate
of
representation.

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

(
1)
Identification
of
the
CAIR
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
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
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or
Cite
157
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,

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
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or
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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.

§
97.114
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
97.113
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
97.113
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
97.112(
a)
or
(
b),
no
objection
or
other
communication
submitted
to
the
permitting
authority
or
the
Administrator
concerning
the
authorization,
or
any
representation,
action,
inaction,
or
submission,
of
the
CAIR
designated
representative
shall
affect
any
representation,
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159
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
§
97.120
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
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
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or
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160
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.

§
97.121
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
§
97.122
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
shall
submit
a
complete
CAIR
permit
application
under
§
97.122
for
the
source
covering
each
CAIR
NOX
unit
at
the
source
to
renew
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or
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161
the
CAIR
permit
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
addressing
permit
renewal.

§
97.122
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
§
97.106.

§
97.123
CAIR
permit
contents
and
term.

(
a)
Each
CAIR
permit
will
contain,
in
a
format
prescribed
by
the
permitting
authority,
all
elements
required
for
a
complete
CAIR
permit
application
under
§
97.122.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.102
and,
upon
recordation
by
the
Administrator
under
subpart
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
permitting
authority,
as
necessary
to
facilitate
coordination
of
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or
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162
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.

§
97.124
CAIR
permit
revisions.

Except
as
provided
in
§
97.123(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable
addressing
permit
revisions.

Subpart
DD
 
[
Reserved]

Subpart
EE
 
CAIR
NOX
Allowance
Allocations
§
97.140
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
Delaware
4,166
3,472
District
of
Columbia
144
120
Florida
99,445
82,871
Georgia
66,321
55,268
Illinois
76,230
63,525
Indiana
108,935
90,779
Iowa
32,692
27,243
Kentucky
83,205
69,337
Louisiana
35,512
29,593
Maryland
27,724
23,104
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Michigan
65,304
54,420
Minnesota
31,443
26,203
Mississippi
17,807
14,839
Missouri
59,871
49,892
New
Jersey
12,670
10,558
New
York
45,617
38,014
North
Carolina
62,183
51,819
Ohio
108,667
90,556
Pennsylvania
99,049
82,541
South
Carolina
32,662
27,219
Tennessee
50,973
42,478
Texas
181,014
150,845
Virginia
36,074
30,062
West
Virginia
74,220
61,850
Wisconsin
40,759
33,966
Total
1,521,707
1,268,091
§
97.141
Timing
requirements
for
CAIR
NOX
allowance
allocations.

(
a)
The
Administrator
will
determine
by
order
the
CAIR
NOX
allowance
allocations,
in
accordance
with
§
97.142(
a)
and
(
b),

for
the
control
periods
in
2009,
2010,
2011,
2012,
2013,
and
2014.

(
b)
By
July
31,
2011
and
July
31
of
each
year
thereafter,

the
Administrator
will
determine
by
order
the
CAIR
NOX
allowance
allocations,
in
accordance
with
§
97.142(
a)
and
(
b),
for
the
control
period
in
the
fourth
year
after
the
year
of
the
applicable
deadline
for
submissionthe
determination
under
this
paragraph.

(
c)
By
July
31,
2009
and
July
31
of
each
year
thereafter,

the
Administrator
will
determine
by
order
the
CAIR
NOX
allowance
allocations,
in
accordance
with
§
97.142(
a),(
c),
and
(
d),
for
the
control
period
in
the
year
of
the
applicable
deadline
for
the
determination
under
this
paragraph.
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164
(
d)
The
Administrator
will
make
available
to
the
public
each
determination
of
CAIR
NOX
allowances
under
paragraph
(
a),
(
b),
or
(
c)
of
this
section
and
will
provide
an
opportunity
for
submission
of
objections
to
the
determination.
Objections
shall
be
limited
to
addressing
whether
the
determination
is
in
accordance
with
§
97.142.
Based
on
any
such
objections,
the
Administrator
will
adjust
each
determination
to
the
extent
necessary
to
ensure
that
it
is
in
accordance
with
§
97.142.

§
97.142
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
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165
(
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
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
determined
based
on
the
best
available
data
reported
to
the
Administrator
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
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this
section,
the
control
period
gross
electrical
output
of
the
generator
or
generators
served
by
the
unit
multiplied
by
7,900
Btu/
kWh,
if
the
unit
is
coal­
fired
for
the
year,
or
6,675
Btu/
kWh,
if
the
unit
is
not
coal­
fired
for
the
year,
and
divided
by
1,000,000
Btu/
mmBtu,
provided
that
if
a
generator
is
served
by
2
or
more
units,
then
the
gross
electrical
output
of
the
generator
will
be
attributed
to
each
unit
in
proportion
to
the
unit's
share
of
the
total
control
period
heat
input
of
such
units
for
the
year;

(
B)
For
a
unit
that
is
a
boiler
and
has
equipment
used
to
produce
electricity
and
useful
thermal
energy
for
industrial,

commercial,
heating,
or
cooling
purposes
through
the
sequential
use
of
energy,
the
total
heat
energy
(
in
Btu)
of
the
steam
produced
by
the
boiler
during
the
control
period,
divided
by
0.8
and
by
1,000,000
Btu/
mmBtu;
or
(
C)
For
a
unit
that
is
a
combustion
turbine
and
has
equipment
used
to
produce
electricity
and
useful
thermal
energy
for
industrial,
commercial,
heating,
or
cooling
purposes
through
the
sequential
use
of
energy,
the
control
period
gross
electrical
output
of
the
enclosed
device
comprising
the
compressor,

combustor,
and
turbine
multiplied
by
3,4143,413
Btu/
kWh,
plus
the
total
heat
energy
(
in
Btu)
of
the
steam
produced
by
any
associated
heat
recovery
steam
generator
during
the
control
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period
divided
by
0.8,
and
with
the
sum
divided
by
1,000,000
Btu/
mmBtu.

(
iii)
Gross
electrical
output
and
total
heat
energy
under
paragraph
(
a)(
2)(
ii)
of
this
section
will
be
determined
based
on
the
best
available
data
reported
to
the
Administrator.

(
3)
The
Administrator
will
determine
what
data
are
the
best
available
data
under
paragraph
(
2)
of
this
section
by
weighing
the
likelihood
that
data
are
accurate
and
reliable
and
will
give
greater
weight
to
data
submitted
to
a
governmental
entity
in
compliance
with
legal
requirements
or
substantiated
by
an
independent
entity.

(
b)(
1)
For
each
control
period
in
2009
and
thereafter,
the
Administrator
will
allocate
to
all
CAIR
NOX
units
in
a
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
for
such
State
under
§
97.140
(
except
as
provided
in
paragraphs
(
d)
and
(
e)
of
this
section).

(
2)
The
Administrator
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
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168
allowances
allocated
under
paragraph
(
b)(
1)
of
this
section
by
the
ratio
of
the
baseline
heat
input
of
such
CAIR
NOX
unit
to
the
total
amount
of
baseline
heat
input
of
all
such
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
Administrator
will
allocate
CAIR
NOX
allowances
to
CAIR
NOX
units
in
a
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
Administrator
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
2014,
and
3
percent
for
a
control
period
in
2015
and
thereafter,
of
the
amount
of
tons
of
NOX
emissions
in
the
State
trading
budget
for
the
State
under
§
97.140.

(
2)
The
CAIR
designated
representative
of
such
a
CAIR
NOX
unit
may
submit
to
the
Administrator
a
request,
in
a
format
specified
by
the
Administrator,
to
be
allocated
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
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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
May
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
Administrator
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
Administrator
will
accept
an
allowance
allocation
request
only
if
the
request
meets,
or
is
adjusted
by
the
Administrator
as
necessary
to
meet,
the
requirements
of
paragraphs
(
c)(
2)
and
(
3)
of
this
section.

(
ii)
On
or
after
July
1
May
1
of
the
control
period,
the
Administrator
will
determine
the
sum
of
the
CAIR
NOX
allowances
requested
(
as
adjusted
under
paragraph
(
c)(
4)(
i)
of
this
section)
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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
Administrator
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
Administrator
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
amount
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
Administrator
will
notify
each
CAIR
designated
representative
that
submitted
an
allowance
allocation
request
of
the
amount
of
CAIR
NOX
allowances
(
if
any)
allocated
for
the
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171
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
under
paragraph
(
c)
of
this
section
for
a
State
for
the
control
period,
the
Administrator
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
for
such
State
under
§
97.140,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
e)
If
the
Administrator
determines
that
CAIR
NOX
allowances
were
allocated
under
paragraphs
(
a)
and
(
b)
of
this
section,

paragraphs
(
a)
and
(
c)
of
this
section,
or
paragraph
(
d)
of
this
section
for
a
control
period
and
that
the
recipient
of
the
allocation
is
not
actually
a
CAIR
NOX
unit
under
§
97.104
in
such
control
period,
then
the
Administrator
will
notify
the
CAIR
designated
representative
and
will
act
in
accordance
with
the
following
procedures:
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172
(
1)
Except
as
provided
in
paragraph
(
e)(
2)
or
(
3)
of
this
section,
the
Administrator
will
not
record
such
CAIR
NOX
allowances
under
§
97.153.

(
2)
If
the
Administrator
already
recorded
such
CAIR
NOX
allowances
under
§
97.153
and
if
the
Administrator
makes
such
determination
before
making
deductions
for
the
source
that
includes
such
recipient
under
§
97.154(
b)
for
the
control
period,

then
the
Administrator
will
deduct
from
the
account
in
which
such
CAIR
NOX
allowances
were
recorded
under
§
97.153
an
amount
of
CAIR
NOX
allowances
allocated
for
the
same
or
a
prior
control
period
equal
to
the
amount
of
such
already
recorded
CAIR
NOX
allowances.

The
CAIR
authorized
account
representative
shall
ensure
that
there
are
sufficient
CAIR
NOX
allowances
in
such
account
for
completion
of
the
deduction.

(
3)
If
the
Administrator
already
recorded
such
CAIR
NOX
allowances
under
§
97.153
and
if
the
Administrator
makes
such
determination
after
making
deductions
for
the
source
that
includes
such
recipient
under
§
97.154(
b)
for
the
control
period,

then
the
Administrator
will
apply
paragraph
(
e)(
1)
or
(
2)
of
this
section,
as
appropriate,
to
any
subsequent
control
period
for
which
CAIR
NOX
allowances
were
allocated
to
such
recipient.

(
4)
The
Administrator
will
transfer
the
CAIR
NOX
allowances
that
are
not
recorded,
or
that
are
deducted,
in
accordance
with
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173
paragraphs
(
e)(
1),
(
2),
and
(
3)
of
this
section
to
a
new
unit
set­
aside
for
the
State
in
which
such
recipient
is
located.

§
97.143
Compliance
supplement
pool.

(
a)
In
addition
to
the
CAIR
NOX
allowances
allocated
under
§
97.142,
the
Administrator
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
Alabama
10,166
Delaware
843
District
Of
Columbia
0
Florida
8,335
Georgia
12,397
Illinois
11,299
Indiana
20,155
Iowa
6,978
Kentucky
14,935
Louisiana
2,251
Maryland
4,670
Michigan
8,347
Minnesota
6,528
Mississippi
3,066
Missouri
9,044
New
Jersey
660
New
York
0
North
Carolina
0
Ohio
25,037
Pennsylvania
16,009
South
Carolina
2,600
Tennessee
8,944
Texas
772
Virginia
5,134
West
Virginia
16,929
Wisconsin
4,898
Total
199,997
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174
(
b)
For
any
CAIR
NOX
unit
in
a
State
whose
average
annual
NOX
emission
rate
for
2007
or
2008
is
less
than
0.25
lb/
mmBtu
and,
if
such
unit
is
included
in
a
NOX
averaging
plan
under
§
76.11
of
this
chapter
under
the
Acid
Rain
Program
for
such
year,
whose
NOX
averaging
plan
has
an
actual
weighted
average
NOX
emission
rate
for
such
year
equal
to
or
less
than
the
actual
weighted
average
NOX
emission
rate
for
the
year
before
such
year
achieves
NOX
emission
reductions
in
2007
and
2008,
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
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
Administrator
by
July
1,
2009
a
request,
in
a
format
specified
by
the
Administrator,
for
allocation
of
an
amount
of
CAIR
NOX
allowances
from
the
compliance
supplement
pool
not
exceeding
the
sum
of
the
unit's
heat
input
for
the
control
period
in
2007
multiplied
by
the
difference
(
if
any
greater
than
zero)
between
0.25
lb/
mmBtu
and
the
unit's
NOX
emission
rate
for
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or
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175
the
control
period
in
2007
plus
the
unit's
heat
input
for
the
control
period
in
2008
multiplied
by
the
difference
(
if
any
greater
than
zero)
between
0.25
lb/
mmBtu
and
the
unit's
NOX
emission
rate
for
the
control
period
in
2008,
determined
in
accordance
with
subpart
HH
of
this
part
and
with
the
sum
divided
by
2,000
lb/
ton
and
rounded
to
the
nearest
whole
number
of
tons
as
appropriate.

(
c)
For
any
CAIR
NOX
unit
in
a
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
Administrator
by
July
1,
2009
a
request,
in
a
format
specified
by
the
Administrator,
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
of
electricity
supply.

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

the
CAIR
designated
representative
of
such
CAIR
NOX
unit
shall
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176
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
Administrator
will
review
each
request
under
paragraph
(
b)
or
(
c)
of
this
section
submitted
by
July
1,
2009
and
will
allocate
CAIR
NOX
allowances
for
the
control
period
in
2009
to
CAIR
NOX
units
in
a
State
and
covered
by
such
request
as
follows:

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

(
3)
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
Administrator
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
amount
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
requested
for
the
unit
under
paragraph
(
b)
or
(
c)
of
this
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178
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.

(
4)
By
November
30,
2009,
the
Administrator
will
determine
by
order
the
allocations
under
paragraph
(
d)(
2)
or
(
3)
of
this
section,
as
applicable.
The
Administrator
will
make
available
to
the
public
each
determination
of
CAIR
NOX
allowances
under
such
paragraph
and
will
provide
an
opportunity
for
submission
of
objections
to
the
determination.
Objections
shall
be
limited
to
addressing
whether
the
determination
is
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section
and
paragraph
(
d)(
2)
or
(
3)

of
this
section,
as
appropriate
.
Based
on
any
such
objections,

the
Administrator
will
adjust
each
determination
to
the
extent
necessary
to
ensure
that
it
is
in
accordance
with
such
paragraphs.

(
5)
By
January
1,
2010,
the
Administrator
will
record
the
allocations
under
paragraph
(
d)(
4)
of
this
section.

§
97.144
Alternative
of
allocation
of
CAIR
NOX
allowances
and
compliance
supplement
pool
by
permitting
authority.
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(
a)
Notwithstanding
§
§
97.141,
97.142,
and
97.153
if
a
State
submits,
and
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
p)(
1)
of
this
chapter
providing
for
allocation
of
CAIR
NOX
allowances
by
the
permitting
authority,
then
the
permitting
authority
shall
make
such
allocations
in
accordance
with
such
approved
State
implementation
plan
revision,
the
Administrator
will
not
make
and
record
allocations
under
§
§
97.141,
97.142,
and
97.153
for
the
CAIR
NOX
units
in
the
State,
and
the
Administrator
will
record
the
allocations
made
under
such
approved
State
implementation
plan
revision.

(
b)
Notwithstanding
§
97.143,
if
a
State
submits,
and
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
p)(
2)
of
this
chapter
providing
for
allocation
of
the
State's
compliance
supplement
pool
by
the
permitting
authority,
then
the
permitting
authority
shall
make
such
allocations
in
accordance
with
such
approved
State
implementation
plan
revision,
the
Administrator
will
not
make
and
record
allocations
under
§
97.143
for
the
CAIR
NOX
units
in
the
State,
and
the
Administrator
will
record
the
allocations
of
the
State's
compliance
supplement
pool
made
under
such
approved
State
implementation
plan
revision.

(
c)(
1)
In
implementing
paragraph
(
a)
of
this
section
and
§
§
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180
97.141,
97.142,
and
97.153,
the
Administrator
will
ensure
that
the
total
amount
of
CAIR
NOX
allowances
allocated,
under
such
provisions
and
under
a
State's
State
implementation
plan
revision
approved
in
accordance
with
§
51.123(
p)(
1)
of
this
chapter,
for
a
control
period
for
CAIR
NOX
sources
in
the
State
or
for
other
entities
specified
by
the
permitting
authority
will
not
exceed
the
State's
State
trading
budget
for
the
year
of
the
control
period.

(
2)
In
implementing
paragraph
(
b)
of
this
section
and
§
97.143,
the
Administrator
will
ensure
that
the
total
amount
of
CAIR
NOX
allowances
allocated,
under
such
provisions
and
under
a
State's
State
implementation
plan
revision
approved
in
accordance
with
§
51.123(
p)(
2),
for
CAIR
NOX
sources
in
the
State
will
not
exceed
the
State's
compliance
supplement
pool.

APPENDIX
A
TO
SUBPART
EE
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
ALLOCATIONS
1.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
p)(
1)
of
this
chapter
approved
by
the
Administrator
and
providing
for
allocation
of
CAIR
NOX
allowances
by
the
permitting
authority
under
§
97.144(
a):

2.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
p)(
2)
of
this
chapter
approved
by
the
Administrator
and
providing
for
allocation
of
the
Compliance
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181
Supplement
Pool
by
the
permitting
authority
under
§
97.144(
b):

Subpart
FF
 
CAIR
NOX
Allowance
Tracking
System
§
97.150
[
Reserved]

§
97.151
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
97.184(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
97.113,
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
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
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182
elements
in
a
format
prescribed
by
the
Administrator:

(
A)
Name,
mailing
address,
e­
mail
address
(
if
any),

telephone
number,
and
facsimile
transmission
number
(
if
any)
of
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative;

(
B)
Organization
name
and
type
of
organization,
if
applicable;

(
C)
A
list
of
all
persons
subject
to
a
binding
agreement
for
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative
to
represent
their
ownership
interest
with
respect
to
the
CAIR
NOX
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
CAIR
NOX
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,
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183
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
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184
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
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
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185
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.

(
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
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186
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
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
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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
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
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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.

§
97.152
Responsibilities
of
CAIR
authorized
account
representative.

Following
the
establishment
of
a
CAIR
NOX
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
allowances
in
the
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189
account,
shall
be
made
only
by
the
CAIR
authorized
account
representative
for
the
account.

§
97.153
Recordation
of
CAIR
NOX
allowance
allocations.

(
a)
By
December
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
in
accordance
with
§
97.142(
a)
and
(
b)
for
the
control
period
in
2009.

(
b)
By
December
1,
2008,
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
in
accordance
with
§
97.142(
a)
and
(
b)
for
the
control
period
in
2010.

(
c)
By
December
1,
2009,
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
in
accordance
with
§
97.142(
a)
and
(
b)
for
the
control
periods
in
2011,
2012,
and
2013.

(
d)
By
December
1,
2010
and
December
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
in
accordance
with
§
97.142(
a)
and
(
b)
for
the
control
period
in
the
fourth
year
after
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
e)
By
December
1,
2009
and
December
1
of
each
year
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190
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
in
accordance
with
§
97.142(
a)
and
(
c)
for
the
control
period
in
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
f)
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.

§
97.154
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
transfer
deadline
for
the
control
period
or
are
transferred
into
the
compliance
account
by
a
CAIR
NOX
allowance
transfer
correctly
submitted
for
recordation
under
§
97.160
by
the
allowance
transfer
deadline
for
the
control
period;
and
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191
(
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
§
97.161,
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
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
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192
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
entity
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
source
has
excess
emissions,
the
Administrator
will
deduct
from
the
source's
compliance
account
an
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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.

§
97.155
Banking.

(
a)
CAIR
NOX
allowances
may
be
banked
for
future
use
or
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194
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
§
97.154,
§
97.156,
or
subpart
GG
of
this
part.

§
97.156
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
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.

§
97.157
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
97.160
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
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195
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
§
97.160
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
§
97.160
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.

§
97.161
EPA
recordation.

(
a)
Within
5
business
days
(
except
as
provided
in
paragraph
(
b)
of
this
section)
of
receiving
a
CAIR
NOX
allowance
transfer,
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the
Administrator
will
record
a
CAIR
NOX
allowance
transfer
by
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
§
97.160;
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
§
97.154
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.

§
97.162
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
NOX
allowance
transfer
under
§
97.161,
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
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197
meet
the
requirements
of
§
97.161(
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
allowance
transfer
for
recordation
following
notification
of
non­
recordation.

Subpart
HH
 
Monitoring
and
Reporting
§
97.170
General
Requirements.

The
owners
and
operators,
and
to
the
extent
applicable,
the
CAIR
designated
representative,
of
a
CAIR
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
§
97.102
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
§
97.102.
The
owner
or
operator
of
a
unit
that
is
not
a
CAIR
NOX
unit
but
that
is
monitored
under
§
75.72(
b)(
2)(
ii)
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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
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
§
97.171
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section;
and
(
3)
Record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section.

(
b)
Compliance
deadlines.
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
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dates.

(
1)
For
the
owner
or
operator
of
a
CAIR
NOX
unit
that
commences
commercial
operation
before
July
1,
2007,
by
January
1,

2008.

(
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
§
97.184(
b).

(
5)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1)
and
(
2)
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or
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200
of
this
section,
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
§
97.184(
g).

(
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,
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or
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201
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
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
§
97.175.

(
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
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or
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202
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
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
§
97.105
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
Administrator
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
replacement
monitoring
system
for
the
retired
or
discontinued
monitoring
system
in
accordance
with
§
97.171(
d)(
3)(
i).

(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
NOX
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
97.171
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
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or
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203
monitoring
system
under
§
97.170(
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
D,
and
appendix
E
to
part
75
of
this
chapter
are
fully
met
for
the
certified
monitoring
system
described
in
paragraph
(
a)(
1)
of
this
section.

(
b)
The
recertification
provisions
of
this
section
shall
apply
to
a
monitoring
system
under
§
97.170(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
If
the
Administrator
has
previously
approved
a
petition
under
§
75.17(
a)
or
(
b)
of
this
chapter
for
apportioning
the
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
or
§
75.17
of
this
chapter,
the
CAIR
designated
representative
shall
resubmit
the
petition
to
the
Administrator
under
§
97.175
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
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or
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204
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
§
97.170(
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
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
§
97.170(
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
§
97.170(
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
§
97.170(
a)(
1)
that
may
significantly
affect
the
ability
of
the
system
to
accurately
measure
or
record
NOX
mass
emissions
or
heat
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205
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,
and
any
excepted
NOX
monitoring
system
under
appendix
E
to
part
75
of
this
chapter,
under
§
97.170(
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
§
97.170(
a)(
1).
For
recertifications,
replace
the
words
"
certification"
and
"
initial
certification"
with
the
word
"
recertification",
replace
the
word
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or
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206
"
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
appropriate
EPA
Regional
Office
and
the
Administrator
written
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
97.173.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
Administrator
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
Administrator
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
Administrator
does
not
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or
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207
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
Administrator.

(
iv)
Certification
application
approval
process.
The
Administrator
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
Administrator
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
Administrator
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
Administrator
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
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or
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208
comply
with
the
notice
of
incompleteness
by
the
specified
date,

then
the
Administrator
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
Administrator
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
Administrator
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
accordance
with
§
97.172(
b).
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209
(
v)
Procedures
for
loss
of
certification.
If
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(
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
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or
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210
concentration
(
as
applicable),
as
defined
in
sections
2.1.5,

2.1.3.1,
and
2.1.3.2
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
system,
as
indicated
in
the
Administrator's
notice
of
disapproval,
no
later
than
30
unit
operating
days
after
the
date
of
issuance
of
the
notice
of
disapproval.

(
e)
Initial
certification
and
recertification
procedures
for
units
using
the
low
mass
emission
excepted
methodology
under
§
75.19
of
this
chapter.
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
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or
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211
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
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
applicable
notification
and
application
procedures
of
§
75.20(
f)

of
this
chapter.

§
97.172
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
§
97.171
or
the
applicable
provisions
of
part
75
of
this
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or
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212
chapter,
both
at
the
time
of
the
initial
certification
or
recertification
application
submission
and
at
the
time
of
the
audit,
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
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
§
97.171
for
each
disapproved
monitoring
system.

§
97.173
Notifications.

The
CAIR
designated
representative
for
a
CAIR
NOX
unit
shall
submit
written
notice
to
the
Administrator
in
accordance
with
§
75.61
of
this
chapter.

§
97.174
Recordkeeping
and
reporting.

(
a)
General
provisions.
The
CAIR
designated
representative
7/
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05
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Not
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or
Cite
213
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
§
97.110(
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
.

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
Administrator
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
97.171,
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
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;

(
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
7/
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or
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214
applicable
deadline
for
initial
certification
under
§
97.170(
b),

unless
that
quarter
is
the
third
or
fourth
quarter
of
2007,
in
which
case
reporting
shall
commence
in
the
quarter
covering
January
1,
2008
through
March
31,
2008;

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
II
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.184(
b);
and
(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
NOX
opt­
in
unit
under
subpart
II
of
this
part,

the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
as
provided
in
§
97.184(
g).

(
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,

CAIR
SO2
Trading
Program,
or
the
Hg
Budget
Trading
Program,

quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
I
of
part
75
of
this
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or
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215
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
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.

§
97.175
Petitions.

The
CAIR
designated
representative
of
a
CAIR
NOX
unit
may
submit
a
petition
under
§
75.66
of
this
chapter
to
the
Administrator
requesting
approval
to
apply
an
alternative
to
any
7/
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05
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or
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216
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
the
Administrator,
in
consultation
with
the
permitting
authority.

§
97.176
Additional
requirements
to
provide
heat
input
data.

The
owner
or
operator
of
a
CAIR
NOX
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
Opt­
in
Units
§
97.180
Applicability.

A
CAIR
NOX
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
a
State
that
submits,
and
for
which
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
p)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
establishing
procedures
concerning
CAIR
opt­
in
units;

(
b)
Is
not
a
CAIR
NOX
unit
under
§
97.104
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.105
that
is
in
effect;

(
c)
Is
not
covered
by
a
retired
unit
exemption
under
§
72.8
of
this
chapter
that
is
in
effect;
7/
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or
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217
(
d)
Has
or
is
required
or
qualified
to
have
a
title
V
operating
permit
or
other
federally
enforceable
permit;
and
(
e)
Vents
all
of
its
emissions
to
a
stack
and
can
meet
the
monitoring,
recordkeeping,
and
reporting
requirements
of
subpart
HH
of
this
part.

§
97.181
General.

(
a)
Except
as
otherwise
provided
in
§
§
97.101
through
97.104,
§
§
97.106
through
97.108,
and
subparts
BB
and
CC
and
subparts
FF
through
HH
of
this
part,
a
CAIR
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
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.

§
97.182
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
7/
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05
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or
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218
designated
representative
as
such
CAIR
NOX
units.

§
97.183
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
§
97.180
may
apply
for
an
initial
CAIR
opt­
in
permit
at
any
time,
except
as
provided
under
§
97.186(
f)

and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
97.122;

(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
NOX
unit
under
§
97.104
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.105
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
§
97.122;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HH
of
this
part;

(
4)
A
complete
certificate
of
representation
under
§
97.113
consistent
with
§
97.182,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;
and
7/
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05
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or
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219
(
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
§
97.180(
b)

or
§
97.188(
c)
(
subject
to
the
conditions
in
§
§
97.184(
h)
and
97.186(
g)),
to
the
extent
such
allocation
is
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
p)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator.

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
opt­
in
unit
shall
submit
a
complete
CAIR
permit
application
under
§
97.122
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
NOX
opt­
in
unit
from
the
CAIR
NOX
Annual
Trading
Program
in
accordance
with
§
97.186
or
the
unit
becomes
a
CAIR
NOX
unit
under
§
97.104,
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.
7/
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05
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­
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or
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220
§
97.184
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
97.183
is
submitted
in
accordance
with
the
following,
to
the
extent
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
p)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
a)
Interim
review
of
monitoring
plan.
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
§
97.183.
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
authority
and
the
Administrator
determines
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
7/
29/
05
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­
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or
Cite
221
of
certification
of
the
appropriate
monitoring
systems
under
subpart
HH
of
this
part
and
continuing
until
a
CAIR
opt­
in
permit
is
denied
under
§
97.184(
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
§
97.186.

(
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
§
97.184(
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
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
§
97.184(
g),
such
information
shall
be
used
as
provided
in
paragraphs
(
c)
and
(
d)
7/
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05
Draft
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or
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222
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
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
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
7/
29/
05
Draft
­
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Not
Quote
or
Cite
223
emissions
rate
(
in
lb/
mmBtu)
for
the
control
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
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
periods
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
§
97.180
and
meets
the
elements
certified
in
§
97.183(
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
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,
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
224
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
§
97.180
or
meets
the
elements
certified
in
§
97.183(
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
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
§
97.188(
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
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
7/
29/
05
Draft
­
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or
Cite
225
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
NOX
opt­
in
unit
or
a
CAIR
NOX
unit.

§
97.185
CAIR
opt­
in
permit
contents.

(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
97.122;

(
2)
The
certification
in
§
97.183(
a)(
2);

(
3)
The
unit's
baseline
heat
input
under
§
97.184(
c);

(
4)
The
unit's
baseline
NOX
emission
rate
under
§
97.184(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
NOX
allowances
under
§
97.180(
b)
or
§
97.188(
c)
(
subject
to
the
conditions
in
§
§
97.184(
h)
and
97.186(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
NOX
Annual
Trading
Program
only
in
accordance
with
§
97.186;
and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
97.187.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.102
and,
upon
recordation
by
the
Administrator
under
subpart
FF,
GG,
or
II
of
this
part
or
this
subpart,
every
allocation,
transfer,
or
deduction
of
CAIR
NOX
allowances
to
or
from
the
compliance
account
7/
29/
05
Draft
­
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Not
Quote
or
Cite
226
of
the
source
that
includes
a
CAIR
NOX
opt­
in
unit
covered
by
the
CAIR
opt­
in
permit.

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
prescribed
by
the
permitting
authority,
in
the
CAIR
permit
for
the
source
where
the
CAIR
NOX
opt­
in
unit
is
located.

§
97.186
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
NOX
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
§
97.184(
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
227
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
§
97.106(
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
amount
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
§
97.188
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.

(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
228
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,

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
opt­
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
229
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
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
§
97.183
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
§
97.184.

(
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
§
97.188(
c).

§
97.187
Change
in
regulatory
status.

(
a)
Notification.
If
a
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104,
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
7/
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or
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230
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
§
97.104,
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
§
97.123
as
of
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104.

(
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
§
97.104,
CAIR
NOX
allowances
equal
in
amount
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
§
97.188
for
any
control
period
after
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104;
and
(
B)
If
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104
is
not
December
31,
the
CAIR
NOX
allowances
allocated
to
the
CAIR
NOX
opt­
in
unit
under
§
97.188
for
the
control
period
that
includes
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104,
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
§
97.104
divided
by
the
total
number
of
days
7/
29/
05
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Not
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or
Cite
231
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
§
97.104
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
§
97.104,
the
CAIR
NOX
opt­
in
unit
will
be
treated,
solely
for
purposes
of
CAIR
NOX
allowance
allocations
under
§
97.142,
as
a
unit
that
commences
operation
on
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104
and
will
be
allocated
CAIR
NOX
allowances
under
§
97.142.

(
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
§
97.104
is
not
January
1,
the
following
amount
of
CAIR
NOX
allowances
will
be
allocated
to
the
CAIR
NOX
opt­
in
unit
(
as
a
CAIR
NOX
unit)
under
§
97.142
for
the
control
period
that
includes
the
date
on
which
the
CAIR
NOX
opt­
in
unit
becomes
a
CAIR
NOX
unit
under
§
97.104:

(
A)
The
amount
of
CAIR
NOX
allowances
otherwise
allocated
to
the
CAIR
NOX
opt­
in
unit
(
as
a
CAIR
NOX
unit)
under
§
97.142
for
the
control
period
multiplied
by;
7/
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or
Cite
232
(
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
§
97.104,
divided
by
the
total
number
of
days
in
the
control
period;
and
(
C)
Rounded
to
the
nearest
whole
allowance
as
appropriate.

§
97.188
CAIR
NOX
allowance
allocations
to
CAIR
NOX
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
97.184(
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
§
97.184(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31
of
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
97.184(
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
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
7/
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05
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Not
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or
Cite
233
allowances,
the
permitting
authority
will
allocate
in
accordance
with
the
following
procedures,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
p)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
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
§
97.184(
c);
or
(
ii)
The
CAIR
NOX
opt­
in
unit's
heat
input,
as
determined
in
accordance
with
subpart
HH
of
this
part,
for
the
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
§
97.184(
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
§
97.184(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
234
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
§
§
97.184(
h)
and
97.186(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
NOX
opt­
in
unit
as
follows,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
p)(
3)(
i),

(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
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
§
97.184(
d);
or
(
B)
The
most
stringent
State
or
Federal
NOX
emissions
7/
29/
05
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­
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Not
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or
Cite
235
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
the
CAIR
NOX
Annual
Trading
Program
under
§
97.184(
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)
0.15
lb/
mmBtu;

(
B)
The
CAIR
NOX
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
97.184(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
236
allowances
to
the
CAIR
NOX
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.
If
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
p)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
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
December
1
of
the
control
period
in
which
a
CAIR
NOX
opt­
in
unit
enters
the
CAIR
NOX
Annual
Trading
Program
under
§
97.184(
g)
and
December
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.

APPENDIX
A
TO
SUBPART
II
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
NOX
OPT­
IN
UNITS
1.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
p)(
3)
of
this
chapter
approved
by
the
7/
29/
05
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­
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Quote
or
Cite
237
Administrator
and
establishing
procedures
providing
for
CAIR
NOX
opt­
in
units
under
subpart
II
of
this
part
and
allocation
of
CAIR
NOX
allowances
to
such
units
under
§
97.188(
b):

2.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
p)(
3)
of
this
chapter
approved
by
the
Administrator
and
establishing
procedures
providing
for
CAIR
NOX
opt­
in
units
under
subpart
II
of
this
part
and
allocation
of
CAIR
NOX
allowances
to
such
units
under
§
97.188(
c):

4.
Part
97
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
97.201
Purpose.

97.202
Definitions.

97.203
Measurements,
abbreviations,
and
acronyms.

97.204
Applicability.

97.205
Retired
unit
exemption.

97.206
Standard
requirements.

97.207
Computation
of
time.

97.208
Appeal
Procedures.

Subpart
BBB
 
CAIR
Designated
Representative
for
CAIR
SO2
Sources
97.210
Authorization
and
responsibilities
of
CAIR
designated
representative.
7/
29/
05
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­
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or
Cite
238
97.211
Alternate
CAIR
designated
representative.

97.212
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

97.213
Certificate
of
representation.

97.214
Objections
concerning
CAIR
designated
representative.

Subpart
CCC
 
Permits
97.220
General
CAIR
SO2
Trading
Program
permit
requirements.

97.221
Submission
of
CAIR
permit
applications.

97.222
Information
requirements
for
CAIR
permit
applications.

97.223
CAIR
permit
contents
and
term.

97.224
CAIR
permit
revisions.

Subpart
DDD
 
[
Reserved]

Subpart
EEE
 
[
Reserved]

Subpart
FFF
 
CAIR
SO2
Allowance
Tracking
System
97.250
[
Reserved]

97.251
Establishment
of
accounts.

97.252
Responsibilities
of
CAIR
authorized
account
representative.

97.253
Recordation
of
CAIR
SO2
allowances.

97.254
Compliance
with
CAIR
SO2
emissions
limitation.

97.255
Banking.

97.256
Account
error.

97.257
Closing
of
general
accounts.
7/
29/
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­
Do
Not
Quote
or
Cite
239
Subpart
GGG
 
CAIR
SO2
Allowance
Transfers
97.260
Submission
of
CAIR
SO2
allowance
transfers.

97.261
EPA
recordation.

97.262
Notification.

Subpart
HHH
 
Monitoring
and
Reporting
97.270
General
requirements.

97.271
Initial
certification
and
recertification
procedures.

97.272
Out
of
control
periods.

97.273
Notifications.

97.274
Recordkeeping
and
reporting.

97.275
Petitions.

97.276
Additional
requirements
to
provide
heat
input
data.

Subpart
III
 
CAIR
SO2
Opt­
in
Units
97.280
Applicability.

97.281
General.

97.282
CAIR
designated
representative.

97.283
Applying
for
CAIR
opt­
in
permit.

97.284
Opt­
in
process.

97.285
CAIR
opt­
in
permit
contents.

97.286
Withdrawal
from
CAIR
SO2
Trading
Program.

97.287
Change
in
regulatory
status.

97.288
CAIR
SO2
allowance
allocations
to
CAIR
SO2
opt­
in
units.

APPENDIX
A
TO
SUBPART
III
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
7/
29/
05
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­
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Not
Quote
or
Cite
240
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
SO2
OPT­
IN
UNITS
Subpart
AAA
 
CAIR
SO2
Trading
Program
General
Provisions
§
97.201
Purpose.

This
subpart
and
subparts
BBB
through
III
set
forth
the
general
provisions
and
the
designated
representative,
permitting,

allowance,
monitoring,
and
opt­
in
provisions
for
the
Federal
Clean
Air
Interstate
Rule
(
CAIR)
SO2
Trading
Program,
under
section
110
of
the
Clean
Air
Act
and
§
52.36
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
fine
particulates
and
sulfur
dioxide.

§
97.202
Definitions.

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

Account
number
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
241
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
§
97.288,
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
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
§
97.254.

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
7/
29/
05
Draft
­
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Not
Quote
or
Cite
242
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.
If
the
CAIR
NOXSO2
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Hg
Budget
Trading
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
243
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
244
designated
representative
under
the
Acid
Rain
Program.
If
the
CAIR
SO2
source
is
also
subject
to
the
Hg
Budget
Trading
Program,

then
this
natural
person
shall
be
the
same
person
as
the
designated
representative
under
the
Hg
Budget
Trading
Program.

CAIR
NOX
Annual
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
established
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
o)(
1)
or
(
2)

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
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
aa)(
1)
or
(
2)
(
and
(
bb)(
1)),
(
bb)(
2),
or
(
dd)
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
§
97.304
and
a
CAIR
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
245
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
§
97.104
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,
by
a
permitting
authority
under
§
97.288,
or
by
the
permitting
authority
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.124(
o)(
1)
or
(
2)
of
this
chapter,
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
a
year
before
2010,
one
ton
of
sulfur
dioxide,
except
as
provided
in
§
97.254(
b);
7/
29/
05
Draft
­
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Not
Quote
or
Cite
246
(
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
§
97.254(
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
§
97.254(
b).

(
4)
An
authorization
to
emit
sulfur
dioxide
that
is
not
issued
under
the
Acid
Rain
Program
,
§
97.288,
or
under
the
provisions
of
a
State
implementation
plan
that
is
are
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,
e.
g.,
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,

deduction,
and
transfers
of
Acid
Rain
SO2
allowances
under
the
7/
29/
05
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­
Do
Not
Quote
or
Cite
247
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
§
97.254(
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
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
52.36
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.124(
o)(
1)
or
(
2)
of
this
chapter,
as
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
248
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
§
97.204
and,
except
for
purposes
of
§
97.205,
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Certifying
official
means:

(
1)
For
a
corporation,
a
president,
secretary,
treasurer,
or
vice­
president
or
the
corporation
in
charge
of
a
principal
business
function
or
any
other
person
who
performs
similar
policy
or
decision­
making
functions
for
the
corporation;

(
2)
For
a
partnership
or
sole
proprietorship,
a
general
partner
or
the
proprietor
respectively;
or
(
3)
For
a
local
government
entity
or
State,
Federal,
or
other
public
agency,
a
principal
executive
officer
or
ranking
elected
official.

Clean
Air
Act
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.
7/
29/
05
Draft
­
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Not
Quote
or
Cite
249
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
the
calendar
year
in
which
the
unit
first
produces
electricity
 
(
i)
For
a
topping­
cycle
cogeneration
unit,

(
A)
Useful
thermal
energy
not
less
than
5
percent
of
total
energy
output;
and
(
B)
Useful
power
that,
when
added
to
one­
half
of
useful
thermal
energy
produced,
is
not
less
then
42.5
percent
of
total
energy
input,
if
useful
thermal
energy
produced
is
15
percent
or
more
of
total
energy
output,
or
not
less
than
45
percent
of
total
energy
input,
if
useful
thermal
energy
produced
is
less
than
15
percent
of
total
energy
output.

(
ii)
For
a
bottoming­
cycle
cogeneration
unit,
useful
power
not
less
than
45
percent
of
total
energy
input.

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
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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
§
97.205.

(
i)
For
a
unit
that
is
a
CAIR
SO2
unit
under
§
97.204
on
the
later
of
November
15,
1990
or
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
SO2
unit
under
§
97.204
on
the
later
of
November
15,
1990
or
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.
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(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
97.205,
for
a
unit
that
is
not
a
CAIR
SO2
unit
under
§
97.204
on
the
later
of
November
15,
1990
or
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
§
97.204.

(
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
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
§
97.284(
h)
or
§
97.287(
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
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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
§
97.284(
b)(
1)(
i).

(
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
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process,
including,
with
regard
to
a
unit,
start­
up
of
a
unit's
combustion
chamber,
except
as
provided
in
§
97.205.

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
commencement
of
operation.

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

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
97.284(
h)
or
§
97.287(
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
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
§
97.284(
b)(
1)(
i).

(
i)
For
a
unit
with
a
date
for
commencement
of
operation
as
defined
in
paragraph
(
2)
of
this
definition
and
that
subsequently
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254
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)
or
(
2)
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
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
§
97.254.

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
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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
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
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256
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,
except
as
provided
in
§
97.206(
c)(
2),
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
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.
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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.

Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
Administrator,
as
a
means
of
reduction
national
Hg
emissions.

Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
utility
or
industrial
customer
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
percentage
of
nameplate
capacity
and
associated
energy
generated
by
any
specified
unit
and
pays
its
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258
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.

Most
stringent
State
or
Federal
SO2
emissions
limitation
means,
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259
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
the
completion
of
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:

(
i)
Any
holder
of
any
portion
of
the
legal
or
equitable
title
in
7/
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or
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260
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
1,000
kWh/
MWh,
and
multiplied
by
8,760
hr/
yr.
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or
Cite
261
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
Secretary
of
Energy,
a
derivative
of
one
or
more
of
the
7/
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or
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262
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.

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

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
7/
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263
multiple
units,
shall
be
considered
a
single
"
facility."

State
means
one
of
the
States
or
the
District
of
Columbia
that
is
subject
to
the
CAIR
SO2
Trading
Program
pursuant
to
§
52.35
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
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264
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,
excluding
any
such
energy
used
in
the
power
production
process
(
which
process
includes,
but
is
not
limited
to,
any
on­
site
processing
or
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265
treatment
of
fuel
combusted
at
the
unit
and
any
on­
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
(
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.

§
97.203
Measurements,
abbreviations,
and
acronyms.

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

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.
7/
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or
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266
lb
 
­
pound.

mmBtu­­
million
Btu.

MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
97.204
Applicability.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
The
following
units
in
a
State
shall
be
CAIR
SO2
units,

except
as
provided
in
paragraph
(
b)
of
this
section,
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:
(
1)
Except
as
provided
in
paragraph
(
a)(
2)
of
this
section,
a
any
stationary,
fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)
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267
of
this
section,
is
not
a
CAIR
SO2
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
SO2
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
forth
in
paragraph
(
b)(
1)(
i,
(
2)(
i),
or
(
2)(
ii)
of
this
section
shall
not
be
CAIR
SO2
units:

(
1)(
i)
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,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
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.
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
7/
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or
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268
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
become
a
CAIR
SO2
unit
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.
(
iii)
If
a
cogeneration
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
under
paragraph
(
a)(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
January
1
after
the
first
such
calendar
year
during
which
the
unit
serves
such
a
generator.
(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
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269
be
a
CAIR
NOX
Ozone
Season
unit:

(
2)(
i)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
ii)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
on
or
after
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
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non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
but
subsequently
no
longer
so
qualifies,
the
unit
shall
become
a
CAIR
SO2
unit
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.
(
iv)
If
a
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
continues
to
be
a
solid
waste
incineration
unit
qualifies
under
paragraph
(
b)(
1)
or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
for
calendar
year
3
consecutive
calendar
years
but
has,
during
any
subsequent
3
consecutive
calendar
years
after
1990,
average
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­
calendar­
year
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
non­
fossil
fuels.

(
c)
A
certifying
official
of
an
owner
or
operator
of
any
unit
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271
may
petition
the
Administrator
at
any
time
for
a
determination
concerning
the
applicability,
under
paragraphs
(
a)
and
(
b)
of
this
section,
of
the
CAIR
SO2
Trading
Program
to
the
unit.

(
1)
Petition
content.
The
petition
shall
be
in
writing
and
include
the
identification
of
the
unit
and
the
relevant
facts
about
the
unit.
The
petition
and
any
other
documents
provided
to
the
Administrator
in
connection
with
the
petition
shall
include
the
following
certification
statement,
signed
by
the
certifying
official:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
unit
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)
Submission.
The
petition
and
any
other
documents
provided
in
connection
with
the
petition
shall
be
submitted
to
the
Director
of
the
Clean
Air
Markets
Division,
U.
S.
Environmental
Protection
Agency,
who
will
act
on
the
petition
as
the
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or
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272
Administrator's
duly
authorized
representative.

(
3)
Response.
The
Administrator
will
issue
a
written
response
to
the
petition
and
may
request
supplemental
information
relevant
to
such
petition.
The
Administrator's
determination
concerning
the
applicability,
under
paragraphs
(
a)
and
(
b)
of
this
section,
of
the
CAIR
SO2
Trading
Program
to
the
unit
shall
be
binding
on
the
permitting
authority
unless
the
petition
or
other
information
or
documents
provided
in
connection
with
the
petition
are
found
to
have
contained
significant,
relevant
errors
or
omissions.

§
97.205
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,
§
97.202,
§
97.203,
§
97.204,
§
97.206(
c)(
4)
through
(
7),
§
97.207,
and
subparts
BBB,
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,
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273
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
statement
under
paragraph
(
a)(
2)
of
this
section,
the
permitting
authority
will
amend
any
permit
under
subpart
CCC
of
this
part
covering
the
source
at
which
the
unit
is
located
to
add
the
provisions
and
requirements
of
the
exemption
under
paragraphs
(
a)(
1)
and
(
b)
of
this
section.

(
b)
Special
provisions.

(
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
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274
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
located
at
a
source
that
is
required,
or
but
for
this
exemption
would
be
required,
to
have
a
title
V
operating
permit
shall
not
resume
operation
unless
the
CAIR
designated
representative
of
the
source
submits
a
complete
CAIR
permit
application
under
§
97.222
for
the
unit
not
less
than
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2010
or
the
date
on
which
the
unit
resumes
operation.

(
5)
On
the
earlier
of
the
following
dates,
a
unit
exempt
under
paragraph
(
a)
of
this
section
shall
lose
its
exemption:

(
i)
The
date
on
which
the
CAIR
designated
representative
submits
a
CAIR
permit
application
for
the
unit
under
paragraph
(
b)(
4)
of
this
section;

(
ii)
The
date
on
which
the
CAIR
designated
representative
is
required
under
paragraph
(
b)(
4)
of
this
section
to
submit
a
CAIR
permit
application
for
the
unit;
or
(
iii)
The
date
on
which
the
unit
resumes
operation,
if
the
CAIR
designated
representative
is
not
required
to
submit
a
CAIR
permit
application
for
the
unit.

(
6)
For
the
purpose
of
applying
monitoring,
reporting,
and
recordkeeping
requirements
under
subpart
HHH
of
this
part,
a
unit
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275
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.

§
97.206
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
§
97.222
in
accordance
with
the
deadlines
specified
in
§
97.221;
and
(
ii)
Submit
in
a
timely
manner
any
supplemental
information
that
the
permitting
authority
determines
is
necessary
in
order
to
review
a
CAIR
permit
application
and
issue
or
deny
a
CAIR
permit.

(
2)
The
owners
and
operators
of
each
CAIR
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
under
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
7/
29/
05
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or
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276
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
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
§
97.254(
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
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277
under
paragraph
(
c)(
1)
of
this
section
for
the
control
period
starting
on
the
later
of
January
1,
2010
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
97.270(
b)(
1),(
2),
or
(
5)
and
for
each
control
period
thereafter.

(
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
§
97.205
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
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
subpart
FFF,

GGG,
or
III
of
this
part,
every
allocation,
transfer,
or
deduction
of
a
CAIR
SO2
allowance
to
or
from
a
CAIR
SO2
source's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source.
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(
d)
Excess
emissions
requirements.
If
a
CAIR
SO2
source
emits
sulfur
dioxide
during
any
control
period
in
excess
of
the
CAIR
SO2
emissions
limitation,
then:

(
1)
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
§
97.254(
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
(
2)
Each
ton
of
such
excess
emissions
and
each
day
of
such
control
period
shall
constitute
a
separate
violation
of
this
subpart,
the
Clean
Air
Act,
and
applicable
State
law.

(
e)
Recordkeeping
and
reporting
requirements.

(
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
§
97.213
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
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the
source
beyond
such
5­
year
period
until
such
documents
are
superseded
because
of
the
submission
of
a
new
certificate
of
representation
under
§
97.213
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
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of
a
CAIR
SO2
source
shall
also
apply
to
the
owners
and
operators
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
§
97.205
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.

§
97.207
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
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a
State
or
Federal
holiday,
the
time
period
shall
be
extended
to
the
next
business
day.

§
97.208
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
§
97.210
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
97.211,
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
§
97.213(
a)(
4)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.213,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
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282
each
owner
and
operator
of
the
CAIR
SO2
source
represented
and
each
CAIR
SO2
unit
at
the
source
in
all
matters
pertaining
to
the
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
§
97.213
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
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283
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
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.

§
97.211
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
97.213
may
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.213,
any
representation,

action,
inaction,
or
submission
by
the
alternate
CAIR
designated
representative
shall
be
deemed
to
be
a
representation,
action,
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284
inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
97.202,
97.210(
a)
and
(
d),

97.212,
97.213,
and
97.251
and
§
97.282,
whenever
the
term
"
CAIR
designated
representative"
is
used
in
subparts
AAA
through
III
of
this
part,
the
term
shall
be
construed
to
include
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative.

§
97.212
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
97.213.
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
§
97.213.
Notwithstanding
any
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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
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
§
97.213,

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
§
97.213
amending
the
list
of
owners
and
operators
to
include
the
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change.

§
97.213
Certificate
of
representation.

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

(
1)
Identification
of
the
CAIR
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
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287
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,

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
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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.

§
97.214
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
97.213
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
97.213
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
97.212(
a)
or
(
b),
no
objection
or
other
communication
submitted
to
the
permitting
authority
or
the
Administrator
concerning
the
authorization,
or
any
representation,

action,
inaction,
or
submission,
of
the
CAIR
designated
representative
shall
affect
any
representation,
action,
inaction,

or
submission
of
the
CAIR
designated
representative
or
the
finality
of
any
decision
or
order
by
the
permitting
authority
or
the
Administrator
under
the
CAIR
SO2
Trading
Program.
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(
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
§
97.220
General
CAIR
SO2
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
covered
by
the
CAIR
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permit,
all
applicable
CAIR
SO2
Trading
Program,
CAIR
NOX
Annual
Trading
Program,
and
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.

§
97.221
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
§
97.222
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
§
97.222
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.

§
97.222
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
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authority:

(
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
§
97.206.

§
97.223
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
§
97.222.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.202
and,
upon
recordation
by
the
Administrator
under
subpart
FFF,
GGG,
or
III
of
this
part,

every
allocation,
transfer,
or
deduction
of
a
CAIR
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.

§
97.224
CAIR
permit
revisions.

Except
as
provided
in
§
97.223(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
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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
DDD
 
[
Reserved]

Subpart
EEE
 
[
Reserved]

Subpart
FFF
 
CAIR
SO2
Allowance
Tracking
System
§
97.250
[
Reserved]

§
97.251
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
97.284(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
97.213,
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
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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
CAIR
SO2
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
CAIR
SO2
allowances
held
in
the
general
account.
I
certify
that
I
have
all
the
necessary
authority
to
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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
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,
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actions,
inactions,
or
submissions,
legally
bind
each
person
who
has
an
ownership
interest
with
respect
to
CAIR
SO2
allowances
held
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
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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.

(
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
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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
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
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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
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
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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.

§
97.252
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.

§
97.253
Recordation
of
CAIR
SO2
allowances.

(
a)(
1)
After
a
compliance
account
is
established
under
§
97.251(
a)
or
§
73.31(
a)
or
(
b)
of
this
chapter,
the
Administrator
will
record
in
the
compliance
account
any
CAIR
SO2
allowance
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allocated
to
any
CAIR
SO2
unit
at
the
source
for
each
of
the
30
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.

(
2)
In
2011
and
each
year
thereafter,
after
Administrator
has
completed
all
deductions
under
§
97.254(
b),
the
Administrator
will
record
in
the
compliance
account
any
CAIR
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)(
1)
After
a
general
account
is
established
under
§
97.251(
b)
or
§
73.31(
c)
of
this
chapter,
the
Administrator
will
record
in
the
general
account
any
CAIR
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.

(
2)
In
2011
and
each
year
thereafter,
after
Administrator
has
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completed
all
deductions
under
§
97.254(
b),
the
Administrator
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
§
97.288,
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.

§
97.254
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
§
97.260
by
the
allowance
transfer
deadline
for
the
control
period;
and
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(
3)
Are
not
necessary
for
deductions
for
excess
emissions
for
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
§
97.261,
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
§
97.288,
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
§
97.288,
that
is
required
under
§
§
73.35(
d)
and
77.5
of
this
part.
If
there
are
sufficient
CAIR
SO2
allowances
to
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complete
this
deduction,
the
deduction
will
be
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
§
97.288)
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
§
97.288)
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
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(
including
any
issued
by
a
permitting
authority
under
§
97.288)
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
any
issued
by
a
permitting
authority
§
97.288)

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.
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(
2)
First­
in,
first­
out.
The
Administrator
will
deduct
CAIR
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
entity
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
entity
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
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of
recordation;
and
(
vi)
Any
CAIR
SO2
allowances
that
were
allocated
to
any
entity
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
§
97.288),

equal
to,
or
exceeding
in
accordance
with
paragraphs
(
c)(
1)
and
(
2)
of
this
section
the
sum
of
the
following
amounts:

(
i)
The
number
of
tons
of
the
source's
excess
emissions
minus,
if
the
source
is
subject
to
an
Acid
Rain
emissions
limitation,
the
amount
of
the
CAIR
SO2
allowances
required
to
be
deducted
under
paragraph
(
b)(
1)(
ii)
of
this
section;
and
(
ii)
Two
times:

(
A)
The
number
of
tons
of
the
source's
excess
emissions,
if
the
source
is
not
subject
to
an
Acid
Rain
emissions
limitation;
or
(
B)
The
number
of
tons
of
the
source's
excess
emissions
minus
the
amount
of
the
CAIR
SO2
allowances
required
to
be
deducted
under
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paragraph
(
b)(
1)(
ii)
of
this
section,
if
the
source
is
subject
to
an
Acid
Rain
emissions
limitation.

(
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
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.

§
97.255
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.
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(
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
§
97.254,
§
97.256,
or
subpart
GGG
of
this
part.

§
97.256
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
SO2
Allowance
Tracking
System
account.
Within
10
business
days
of
making
such
correction,
the
Administrator
will
notify
the
CAIR
authorized
account
representative
for
the
account.

§
97.257
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
97.260
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
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the
account
under
§
97.260
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
§
97.260
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
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
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the
Administrator
receives
such
statement,
is
authorized.
Such
authorization
shall
be
binding
on
any
CAIR
authorized
account
representative
for
such
account
and
shall
apply
to
all
transfers
into
the
account
that
are
submitted
on
or
after
such
date
of
receipt,
unless
and
until
the
Administrator
receives
a
statement
signed
by
the
CAIR
authorized
account
representative
retracting
the
authorization
for
the
account.

(
2)
The
statement
under
paragraph
(
b)(
1)
of
this
section
shall
include
the
following:
"
By
this
signature
I
authorize
any
transfer
of
allowances
into
each
account
listed
herein,
except
that
I
do
not
waive
any
remedies
under
State
or
Federal
law
to
obtain
correction
of
any
erroneous
transfers
into
such
accounts.

This
authorization
shall
be
binding
on
any
CAIR
authorized
account
representative
for
such
account
unless
and
until
a
statement
signed
by
the
CAIR
authorized
account
representative
retracting
this
authorization
for
the
account
is
received
by
the
Administrator."

§
97.261
EPA
recordation.

(
a)
Within
5
business
days
(
except
as
necessary
to
perform
a
transfer
in
perpetuity
of
CAIR
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
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311
specified
by
the
request,
provided
that:

(
1)
The
transfer
is
correctly
submitted
under
§
97.260;

(
2)
The
transferor
account
includes
each
CAIR
SO2
allowance
identified
by
serial
number
in
the
transfer;
and
(
3)
The
transfer
is
in
accordance
with
the
limitation
on
transfer
under
§
74.42
of
this
chapter
and
§
74.47(
c)
of
this
chapter,
as
applicable.

(
b)
A
CAIR
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
deductions
under
§
97.254
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.

§
97.262
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
SO2
allowance
transfer
under
§
97.261,
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
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requirements
of
§
97.261(
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
§
97.270
General
Requirements.

The
owners
and
operators,
and
to
the
extent
applicable,
the
CAIR
designated
representative,
of
a
CAIR
SO2
unit,
shall
comply
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
§
97.202
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
§
97.202.
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,
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313
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
§
97.271
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section;
and
(
3)
Record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section.

(
b)
Compliance
deadlines.
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.
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314
(
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
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
§
97.284(
b).

(
5)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1)
and
(
2)
of
this
section,
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
§
97.284(
g).
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(
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
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.
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316
(
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
§
97.275.

(
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
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:
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(
i)
During
the
period
that
the
unit
is
covered
by
an
exemption
under
§
97.205
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
Administrator
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
replacement
monitoring
system
for
the
retired
or
discontinued
monitoring
system
in
accordance
with
§
97.271(
d)(
3)(
i).

(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
SO2
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
97.271
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
§
97.270(
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
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318
appendix
D
to
part
75
of
this
chapter
are
fully
met
for
the
certified
monitoring
system
described
in
paragraph
(
a)(
1)
of
this
section.

(
b)
The
recertification
provisions
of
this
section
shall
apply
to
a
monitoring
system
under
§
97.270(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
[
Reserved.]

(
d)
Except
as
provided
in
paragraph
(
a)
of
this
section,
the
owner
or
operator
of
a
CAIR
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
§
97.270(
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
§
97.270(
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
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319
the
applicable
deadline
in
§
97.270(
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
operator
makes
a
replacement,
modification,
or
change
in
any
certified
continuous
emission
monitoring
system
under
§
97.270(
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
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orientation
of
the
sampling
probe
or
site.
Any
fuel
flowmeter
system
under
§
97.270(
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
of
a
continuous
monitoring
system
under
§
97.270(
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
appropriate
EPA
Regional
Office
and
the
Administrator
written
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
97.273.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
Administrator
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
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321
certified
monitoring
system
may
be
used
under
the
CAIR
SO2
Trading
Program
for
a
period
not
to
exceed
120
days
after
receipt
by
the
Administrator
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
quality­
assured
data
(
retroactive
to
the
date
and
time
of
provisional
certification),

provided
that
the
Administrator
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
Administrator.

(
iv)
Certification
application
approval
process.
The
Administrator
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
Administrator
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
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322
applicable
performance
requirements
of
part
75
of
this
chapter,

then
the
Administrator
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
Administrator
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
Administrator
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
Administrator
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
Administrator
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
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323
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
accordance
with
§
97.272(
b).

(
v)
Procedures
for
loss
of
certification.
If
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(
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.
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or
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324
(
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
2.1.5,

2.1.3.1,
and
2.1.3.2
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
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
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325
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
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
applicable
notification
and
application
procedures
of
§
75.20(
f)
of
this
chapter.

§
97.272
Out
of
control
periods.

(
a)
Whenever
any
monitoring
system
fails
to
meet
the
qualityassurance
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
§
97.271
or
the
applicable
provisions
of
part
75
of
this
chapter,
both
at
the
time
of
the
initial
certification
or
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326
recertification
application
submission
and
at
the
time
of
the
audit,
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
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
§
97.271
for
each
disapproved
monitoring
system.

§
97.273
Notifications.

The
CAIR
designated
representative
for
a
CAIR
SO2
unit
shall
submit
written
notice
to
the
Administrator
in
accordance
with
§
75.61
of
this
chapter.

§
97.274
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
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327
requirements
in
subparts
F
and
G
of
part
75
of
this
chapter,
and
the
requirements
of
§
97.210(
e)(
1).

(
b)
Monitoring
Plans.
The
owner
or
operator
of
a
CAIR
SO2
unit
shall
comply
with
requirements
of
§
75.62
of
this
chapter
.

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
Administrator
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
97.271,
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
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;

(
ii)
For
a
unit
that
commences
commercial
operation
on
or
after
July
1,
2008,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
97.270(
b),
unless
that
quarter
is
the
third
or
fourth
quarter
of
2008,
in
which
case
reporting
shall
commence
in
the
quarter
covering
January
1,
2009
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or
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328
through
March
31,
2009;

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
III
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.284(
b);
and
(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
NOX
opt­
in
unit
under
subpart
III
of
this
part,

the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
as
provided
in
§
97.284(
g).

(
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
,
CAIR
NOX
Ozone
Season
Trading
Program,
or
Hg
Budget
Trading
Program,

quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
I
of
part
75
of
this
chapter
as
applicable,
in
addition
to
the
SO2
mass
emission
data,

heat
input
data,
and
other
information
required
by
this
subpart.

(
e)
Compliance
certification.
The
CAIR
designated
7/
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329
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.

§
97.275
Petitions.

The
CAIR
designated
representative
of
a
CAIR
SO2
unit
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
of
this
subpart
is
in
accordance
with
this
subpart
only
to
the
extent
that
the
petition
is
approved
in
writing
by
the
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330
Administrator,
in
consultation
with
the
permitting
authority.

§
97.276
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
III
­
CAIR
SO2
Opt­
in
Units
§
97.280
Applicability.

A
CAIR
SO2
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
a
State
that
submits,
and
for
which
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.124(
r)(
1),
(
2),
or
(
3)
of
this
chapter
establishing
procedures
concerning
CAIR
opt­
in
units;

(
b)
Is
not
a
CAIR
SO2
unit
under
§
97.204
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.205
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
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331
HH
of
this
part.

§
97.281
General.

(
a)
Except
as
otherwise
provided
in
§
§
97.201
through
97.204,

§
§
97.206
through
97.208,
and
subparts
BBB
and
CCC
and
subparts
FFF
through
HHH
of
this
part,
a
CAIR
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.

§
97.282
CAIR
designated
representative.

Any
CAIR
SO2
opt­
in
unit,
and
any
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
optin
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.

§
97.283
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
NOX
opt­
in
unit
in
§
97.280
may
apply
for
an
initial
CAIR
opt­
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332
in
permit
at
any
time,
except
as
provided
under
§
97.286(
f)
and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
97.222;

(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
SO2
unit
under
§
97.204
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.205
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
SO2
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
§
97.222;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HHH
of
this
part;

(
4)
A
complete
certificate
of
representation
under
§
97.213
consistent
with
§
97.282,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;

and
(
5)
A
statement,
in
a
format
specified
by
the
permitting
authority,
whether
the
CAIR
designated
representative
requests
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333
that
the
unit
be
allocated
CAIR
NOX
allowances
under
§
97.280(
b)
or
§
97.288(
c)
(
subject
to
the
conditions
in
§
§
97.284(
h)
and
97.286(
g)),
to
the
extent
such
allocation
is
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.124(
r)(
1),
(
2),
or
(
3)
of
this
chapter
and
approved
by
the
Administrator.

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
SO2
opt­
in
unit
shall
submit
a
complete
CAIR
permit
application
under
§
97.222
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
SO2
opt­
in
unit
from
the
CAIR
SO2
Annual
Trading
Program
in
accordance
with
§
97.286
or
the
unit
becomes
a
CAIR
SO2
unit
under
§
97.204,
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
this
section.

§
97.284
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
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or
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334
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
97.183
is
submitted
in
accordance
with
the
following,
to
the
extent
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.124(
r)(
1),
(
2)
or
(
3)

of
this
chapter
and
approved
by
the
Administrator:

(
a)
Interim
review
of
monitoring
plan.
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
§
97.283.
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
authority
and
the
Administrator
determines
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
HH
of
this
part
and
continuing
until
a
CAIR
opt­
in
permit
is
denied
under
§
97.284(
f)
or,
if
a
CAIR
opt­
in
permit
is
issued,
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or
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335
the
date
and
time
when
the
unit
is
withdrawn
from
the
CAIR
SO2
Trading
Program
in
accordance
with
§
97.286.

(
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
§
97.284(
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
emissions­
related
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
§
97.284(
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:

(
1)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
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or
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336
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
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
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
NOX
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
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
b)(
2)
of
this
section;
or
(
3)
If
the
unit's
SO2
emissions
rate
and
heat
input
are
monitored
and
reported
for
more
than
one
control
period,
in
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337
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
periods
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
§
97.280
and
meets
the
elements
certified
in
§
97.283(
a)(
2),
the
permitting
authority
will
issue
a
CAIR
optin
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
for
a
CAIR
SO2
opt­
in
unit
in
§
97.280
or
meets
the
elements
certified
in
§
97.283(
a)(
2),
the
permitting
authority
will
issue
a
denial
of
a
CAIR
opt­
in
permit
for
the
unit.
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338
(
g)
Date
of
entry
into
CAIR
SO2
Annual
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,
2009
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
§
97.288(
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
NOX
emission
rate
as
the
original
CAIR
SO2
opt­
in
unit,
and
the
original
CAIR
SO2
opt­
in
unit
shall
no
longer
be
treated
as
a
CAIR
SO2
opt­
in
unit
or
a
CAIR
SO2
unit.

§
97.285
CAIR
opt­
in
permit
contents.
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339
(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
97.222;

(
2)
The
certification
in
§
97.283(
a)(
2);

(
3)
The
unit's
baseline
heat
input
under
§
97.284(
c);

(
4)
The
unit's
baseline
SO2
emission
rate
under
§
97.284(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
SO2
allowances
under
§
97.280(
b)
or
§
97.288(
c)
(
subject
to
the
conditions
in
§
§
97.284(
h)
and
97.286(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
SO2
Trading
Program
only
in
accordance
with
§
97.286;
and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
97.287.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.202
and,
upon
recordation
by
the
Administrator
under
subpart
FFF,
GGG,
or
III
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.

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
prescribed
by
the
permitting
authority,
in
the
CAIR
permit
for
the
source
where
the
CAIR
SO2
opt­
in
unit
is
located.
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340
§
97.286
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
SO2
opt­
in
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
§
97.284(
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
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341
allowances
under
§
97.206(
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
amount
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
§
97.288
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)

and
(
b)
of
this
section
are
not
met,
the
permitting
authority
will
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or
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342
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
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
SO2
Annual
Trading
Program.

Once
a
CAIR
SO2
opt­
in
unit
withdraws
from
the
CAIR
SO2
Trading
Program
and
its
CAIR
opt­
in
permit
is
terminated
under
this
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or
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343
section,
the
CAIR
designated
representative
may
not
submit
another
application
for
a
CAIR
opt­
in
permit
under
§
97.283
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
§
97.284.

(
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
SO2
opt­
in
permit
providing
for,
allocation
to
the
CAIR
SO2
opt­
in
unit
of
CAIR
SO2
allowances
under
§
97.288(
c).

§
97.187
Change
in
regulatory
status.

(
a)
Notification.
If
a
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
97.204,
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
§
97.204,
the
permitting
authority
will
revise
the
CAIR
SO2
opt­
in
unit's
CAIR
opt­
in
permit
to
meet
the
requirements
of
a
CAIR
permit
under
§
97.223
as
of
the
date
on
which
the
CAIR
SO2
opt­
in
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344
unit
becomes
a
CAIR
SO2
unit
under
§
97.204.

(
2)(
i)
The
Administrator
will
deduct
from
the
compliance
account
of
the
source
that
includes
the
CAIR
SO2
opt­
in
unit
that
becomes
a
CAIR
SO2
unit
under
§
97.204,
CAIR
SO2
allowances
equal
in
amount
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
§
97.288
for
any
control
period
after
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
97.204;

and
(
B)
If
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
97.204
is
not
December
31,
the
CAIR
SO2
allowances
allocated
to
the
CAIR
SO2
opt­
in
unit
under
§
97.288
for
the
control
period
that
includes
the
date
on
which
the
CAIR
SO2
opt­
in
unit
becomes
a
CAIR
SO2
unit
under
§
97.204,
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
§
97.204
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
§
97.204
contains
the
CAIR
SO2
allowances
necessary
for
completion
of
the
deduction
under
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345
paragraph
(
b)(
2)(
i)
of
this
section.

§
97.288
CAIR
SO2
allowance
allocations
to
CAIR
SO2
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
97.284(
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
§
97.284(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31
of
the
control
period
in
which
a
CAIR
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
97.284(
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,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.124(
r)(
1),
(
2),
or
(
3)
of
this
chapter
and
approved
by
the
Administrator:
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or
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346
(
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
§
97.284(
c);
or
(
ii)
The
CAIR
SO2
opt­
in
unit's
heat
input,
as
determined
in
accordance
with
subpart
HHH
of
this
part,
for
the
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
§
97.284(
g).

(
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
§
97.284(
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
in
an
amount
equaling
the
heat
input
under
paragraph
(
b)(
1)
of
this
section,
multiplied
by
the
SO2
emission
rate
under
paragraph
(
b)(
2)
of
this
section,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.
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347
(
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
(
subject
to
the
conditions
in
§
§
97.284(
h)
and
97.286(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
SO2
opt­
in
unit
as
follows,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.124(
r)(
1),
(
2),
or
(
3)
of
this
chapter
and
approved
by
the
Administrator:

(
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
§
97.284(
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
§
97.284(
g).

(
iii)
The
permitting
authority
will
allocate
CAIR
SO2
allowances
to
the
CAIR
SO2
opt­
in
unit
in
an
amount
equaling
the
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or
Cite
348
heat
input
under
paragraph
(
c)(
1)(
i)
of
this
section,
multiplied
by
the
SO2
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
SO2
opt­
in
unit
is
to
be
allocated
CAIR
SO2
allowances,

(
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
NOX
allowance
allocation
will
be
the
lesser
of:

(
A)
The
CAIR
SO2
opt­
in
unit's
baseline
SO2
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
97.284(
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
in
an
amount
equaling
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,
divided
by
2,000
lb/
ton,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
349
(
d)
Recordation.
If
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.124(
r)(
1),
(
2),
or
(
3)

of
this
chapter
and
approved
by
the
Administrator:

(
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
December
1
of
the
control
period
in
which
a
CAIR
SO2
opt­
in
unit
enters
the
CAIR
SO2
Trading
Program
under
§
97.284(
g)

and
December
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.

APPENDIX
A
TO
SUBPART
III
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
SO2
OPT­
IN
UNITS
1.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.124(
r)
of
this
chapter
approved
by
the
Administrator
and
establishing
procedures
providing
for
CAIR
SO2
opt­
in
units
under
subpart
III
of
this
part
and
allocation
of
CAIR
SO2
allowances
to
such
units
under
§
97.288(
b):

2.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.124(
r)
of
this
chapter
approved
by
the
Administrator
and
establishing
procedures
providing
for
CAIR
SO2
opt­
in
units
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
350
under
subpart
III
of
this
part
and
allocation
of
CAIR
SO2
allowances
to
such
units
under
§
97.288(
c):

5.
Part
97
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
97.301
Purpose.

97.302
Definitions.

97.303
Measurements,
abbreviations,
and
acronyms.

97.304
Applicability.

97.305
Retired
unit
exemption.

97.306
Standard
requirements.

97.307
Computation
of
time.

97.308
Appeal
Procedures.

APPENDIX
A
TO
SUBPART
AAAA
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
APPLICABILITY
Subpart
BBBB
 
CAIR
Designated
Representative
for
CAIR
NOX
Ozone
Season
Sources
97.310
Authorization
and
responsibilities
of
CAIR
designated
representative.

97.311
Alternate
CAIR
designated
representative.

97.312
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
351
97.313
Certificate
of
representation.

97.314
Objections
concerning
CAIR
designated
representative.

Subpart
CCCC
 
Permits
97.320
General
CAIR
NOX
Ozone
Season
Trading
Program
permit
requirements.

97.321
Submission
of
CAIR
permit
applications.

97.322
Information
requirements
for
CAIR
permit
applications.

97.323
CAIR
permit
contents
and
term.

97.324
CAIR
permit
revisions.

Subpart
DDDD
 
[
Reserved]

Subpart
EEEE
 
CAIR
NOX
Ozone
Season
Allowance
Allocations
97.340
State
trading
budgets.

97.341
Timing
requirements
for
CAIR
NOX
Ozone
Season
allowance
allocations.

97.342
CAIR
NOX
Ozone
Season
allowance
allocations.

97.343
Alternative
of
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
permitting
authority.

APPENDIX
A
TO
SUBPART
EEEE
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
ALLOCATIONS
Subpart
FFFF
 
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
97.350
[
Reserved]

97.351
Establishment
of
accounts.

97.352
Responsibilities
of
CAIR
authorized
account
representative.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
352
97.353
Recordation
of
CAIR
NOX
Ozone
Season
allowance
allocations.

97.354
Compliance
with
CAIR
NOX
emissions
limitation.

97.355
Banking.

97.356
Account
error.

97.357
Closing
of
general
accounts.

Subpart
GGGG
 
CAIR
NOX
Ozone
Season
Allowance
Transfers
97.360
Submission
of
CAIR
NOX
Ozone
Season
allowance
transfers.

97.361
EPA
recordation.

97.362
Notification.

Subpart
HHHH
 
Monitoring
and
Reporting
97.370
General
requirements.

97.371
Initial
certification
and
recertification
procedures.

97.372
Out
of
control
periods.

97.373
Notifications.

97.374
Recordkeeping
and
reporting.

97.375
Petitions.

97.376
Additional
requirements
to
provide
heat
input
data.

Subpart
IIII
 
CAIR
NOX
Ozone
Season
Opt­
in
Units
97.380
Applicability.

97.381
General.

97.382
CAIR
designated
representative.

97.383
Applying
for
CAIR
opt­
in
permit.

97.384
Opt­
in
process.

97.385
CAIR
opt­
in
permit
contents.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
353
97.386
Withdrawal
from
CAIR
NOX
Ozone
Season
Trading
Program.

97.387
Change
in
regulatory
status.

97.388
CAIR
NOX
Ozone
Season
allowance
allocations
to
CAIR
NOX
Ozone
Season
opt­
in
units.

APPENDIX
A
TO
SUBPART
IIII
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
NOX
OZONE
SEASON
OPT­
IN
UNITS
Subpart
AAAA
 
CAIR
NOX
Ozone
Season
Trading
Program
General
Provisions
§
97.301
Purpose.

This
subpart
and
subparts
BBBB
through
HHHH
set
forth
the
general
provisions
and
the
designated
representative,
permitting,

allowance,
monitoring,
and
opt­
in
provisions
for
the
­
Federal
Clean
Air
Interstate
Rule
(
CAIR)
NOX
Ozone
Season
Trading
Program,

under
section
110
of
the
Clean
Air
Act
and
§
52.35
of
this
chapter,
as
a
means
of
mitigating
interstate
transport
of
ozone
and
nitrogen
oxides.

§
97.302
Definitions.

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

Account
number
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
354
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
§
97.388,
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
355
Season
emissions
limitation
for
such
control
period
in
accordance
with
§
97.354.

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
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.

If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
alternate
designated
representative
under
the
Hg
Budget
Trading
Program.

Automated
data
acquisition
and
handling
system
or
DAHS
means
that
component
of
the
continuous
emission
monitoring
system,
or
other
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
356
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,

in
accordance
with
subparts
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
357
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.
If
the
CAIR
NOX
Ozone
Season
source
is
also
subject
to
the
Hg
Budget
Trading
Program,
then
this
natural
person
shall
be
the
same
person
as
the
designated
representative
under
the
Hg
Budget
Trading
Program.

CAIR
NOX
Annual
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
established
by
the
Administrator
in
accordance
with
subparts
AA
through
II
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
o)(
1)
or
(
2)

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

CAIR
NOX
Ozone
Season
allowance
means
a
limited
authorization
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
358
issued
by
the
permitting
authority
or
the
Administrator
under
subpart
EEEE
of
this
part,
§
97.388,
or
51.123(
aa)(
2)(
iii)(
A),(
bb)(
2)(
iii)
or
(
iv),
or
(
dd)(
3)
or
(
4)
of
this
chapter
under
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
aa)(
1)
or
(
2)
(
and
(
bb)(
1)),
(
bb)(
2),

or
(
dd)
of
this
chapter
to
emit
one
ton
of
nitrogen
oxides
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
in
accordance
with
§
51.121(
p)
of
this
chapter
to
emit
one
ton
of
nitrogen
oxides
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
subpart
EEEE
of
this
part,
§
97.388,
or
under
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
aa)(
1)
or
(
2)
(
and
(
bb)(
1)),

(
bb)(
2),
or
(
dd)
of
this
chapter
or
that
meet
the
requirements
of
§
51.121(
p)
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,
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
359
e.
g.,
in
order
to
account
for
a
specified
number
of
tons
of
total
nitrogen
oxides
emissions
from
all
CAIR
NOX
Ozone
Season
units
at
a
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
FFFF,
GGGG,
and
IIII
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
§
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
360
97.354(
a)
and
(
b)
for
a
control
period.

CAIR
NOX
Ozone
Season
Trading
Program
means
a
multi­
state
nitrogen
oxides
air
pollution
control
and
emission
reduction
program
approved
and
administered
established
by
the
Administrator
in
accordance
with
subparts
AAAA
through
IIII
of
this
part
and
§
52.35
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.123(
aa)(
1)
or
(
2)
(
and
(
bb)(
1)),
(
bb)(
2),
or
(
dd)
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
§
97.304
and,
except
for
purposes
of
§
97.305
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
§
97.104
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
CCCC
of
this
part,
including
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
361
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.

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
established
by
the
Administrator
in
accordance
with
subparts
AAA
through
III
of
this
part
and
§
52.36
of
this
chapter
or
administered
by
the
Administrator
under
the
provisions
of
a
State
implementation
plan
that
are
approved
under
§
51.124(
o)(
1)

or
(
2)
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
§
97.204
and
a
CAIR
SO2
opt­
in
unit
under
subpart
III
of
this
part.

Certifying
official
means:

(
1)
For
a
corporation,
a
president,
secretary,
treasurer,
or
vice­
president
or
the
corporation
in
charge
of
a
principal
business
function
or
any
other
person
who
performs
similar
policy
or
decision­
making
functions
for
the
corporation;

(
2)
For
a
partnership
or
sole
proprietorship,
a
general
partner
7/
29/
05
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­
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Not
Quote
or
Cite
362
or
the
proprietor
respectively;
or
(
3)
For
a
local
government
entity
or
State,
Federal,
or
other
public
agency,
a
principal
executive
officer
or
ranking
elected
official.

Clean
Air
Act
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
EEEE
of
this
part,

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

Cogeneration
unit
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
7/
29/
05
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­
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Not
Quote
or
Cite
363
the
unit
first
produces
electricity
and
during
any
calendar
year
after
the
calendar
year
in
which
the
unit
first
produces
electricity
 
(
i)
For
a
topping­
cycle
cogeneration
unit,

(
A)
Useful
thermal
energy
not
less
than
5
percent
of
total
energy
output;
and
(
B)
Useful
power
that,
when
added
to
one­
half
of
useful
thermal
energy
produced,
is
not
less
then
42.5
percent
of
total
energy
input,
if
useful
thermal
energy
produced
is
15
percent
or
more
of
total
energy
output,
or
not
less
than
45
percent
of
total
energy
input,
if
useful
thermal
energy
produced
is
less
than
15
percent
of
total
energy
output.

(
ii)
For
a
bottoming­
cycle
cogeneration
unit,
useful
power
not
less
than
45
percent
of
total
energy
input.

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:
7/
29/
05
Draft
­
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Not
Quote
or
Cite
364
(
1)
To
have
begun
to
produce
steam,
gas,
or
other
heated
medium
used
to
generate
electricity
for
sale
or
use,
including
test
generation,
except
as
provided
in
§
97.305.

(
i)
For
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
on
the
later
of
November
15,
1990
or
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
§
97.304
on
the
later
of
November
15,
1990
or
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
§
97.305,
for
a
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
on
the
later
of
November
15,
1990
or
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
7/
29/
05
Draft
­
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Not
Quote
or
Cite
365
commercial
operation
shall
be
the
date
on
which
the
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304.

(
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
§
97.384(
h)
or
§
97.387(
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
IIII
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
§
97.384(
b)(
1)(
i).

(
i)
For
a
unit
with
a
date
for
commencement
of
commercial
7/
29/
05
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Quote
or
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366
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
§
97.305.

(
i)
For
a
unit
that
undergoes
a
physical
change
(
other
than
replacement
of
the
unit
by
a
unit
at
the
same
source)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
such
date
shall
remain
the
unit's
date
of
7/
29/
05
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­
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Not
Quote
or
Cite
367
commencement
of
operation.

(
ii)
For
a
unit
that
is
replaced
by
a
unit
at
the
same
source
(
e.
g.,
repowered)
after
the
date
the
unit
commences
operation
as
defined
in
paragraph
(
1)
of
this
definition,
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)

or
(
2)
of
this
definition
as
appropriate.

(
2)
Notwithstanding
paragraph
(
1)
of
this
definition
and
except
as
provided
in
§
97.305,
for
a
unit
that
is
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304(
d),
but
not
on
the
later
of
November
15,
1990
or
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
§
97.304(
d).

(
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
7/
29/
05
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­
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Not
Quote
or
Cite
368
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
§
97.384(
h)
or
§
97.387(
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
IIII
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
§
97.384(
b)(
1)(
i).

(
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
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
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369
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
FFFF
or
IIII
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
§
97.354.

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
oxides
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
HHHH
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,
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370
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
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.
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Control
period
or
ozone
season
means
the
period
beginning
May
1
of
a
calendar
year,
except
as
provided
in
§
97.306(
c)(
2)
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
HHHH
of
this
part.

Excess
emissions
means
any
ton
of
nitrogen
oxides
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
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
FFFF
of
this
part,
that
is
not
a
compliance
account.

Generator
means
a
device
that
produces
electricity.
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372
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.

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.

Hg
Budget
Trading
Program
means
a
multi­
state
Hg
air
pollution
control
and
emission
reduction
program
approved
and
administered
by
the
Administrator
in
accordance
subpart
HHHH
of
part
60
of
this
chapter
and
§
60.24(
h)(
6),
or
established
by
the
Administrator,
as
a
means
of
reduction
national
Hg
emissions.
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373
Life­
of­
the­
unit,
firm
power
contractual
arrangement
means
a
unit
participation
power
sales
agreement
under
which
a
utility
or
industrial
customer
reserves,
or
is
entitled
to
receive,
a
specified
amount
or
percentage
of
nameplate
capacity
and
associated
energy
generated
by
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.
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374
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
the
completion
of
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
EEEE
of
this
part,

combusting
fuel
oil
for
more
than
15.0
percent
of
the
annual
heat
input
in
a
specified
year
and
not
qualifying
as
coal­
fired.
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375
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
(
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
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376
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
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
Ozone
Season
allowances,
the
movement
of
CAIR
NOX
Ozone
Season
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
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377
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
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
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or
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378
application
or
process;
or
(
2)
For
a
bottoming­
cycle
cogeneration
unit,
the
use
of
reject
heat
from
useful
thermal
energy
application
or
process
in
electricity
production.

Solid
waste
incineration
unit
means
a
stationary,
fossil­

fuelfired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
that
is
a
"
solid
waste
incineration
unit"
as
defined
in
section
129(
g)(
1)
of
the
Clean
Air
Act.

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
is
subject
to
the
CAIR
NOX
Ozone
Season
Trading
Program
pursuant
to
§
52.35
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
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379
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
HHHH
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.
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or
Cite
380
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
on­
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
(
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).
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or
Cite
381
Utility
power
distribution
system
means
the
portion
of
an
electricity
grid
owned
or
operated
by
a
utility
and
dedicated
to
delivering
electricity
to
customers.

§
97.303
Measurements,
abbreviations,
and
acronyms.

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

Btu­­
British
thermal
unit.

CO2­­
carbon
dioxide.

H2O­­
water.

Hg­­
mercury.

hr­­
hour.

kW­­
kilowatt
electrical.

kWh­­
kilowatt
hour.

lb
 
­
pound.

mmBtu­­
million
Btu.

MWe­­
megawatt
electrical.

MWh­­
megawatt
hour.

NOX­­
nitrogen
oxides.

O2­­
oxygen.

ppm­­
parts
per
million.

scfh­­
standard
cubic
feet
per
hour.

SO2
 
­
sulfur
dioxide.

yr
 
­
year.

§
97.304
Applicability.
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or
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382
(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section:

(
1)
The
following
units
in
a
State
shall
be
CAIR
NOX
Ozone
Season
units,
except
as
provided
in
paragraph
(
b)
of
this
section,

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:
(
1)
Except
as
provided
in
paragraph
(
a)(
2)
of
this
section,
a
any
stationary,

fossil­
fuel­
fired
boiler
or
stationary,
fossil­
fuel­
fired
combustion
turbine
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale.

(
2)
If
a
stationary,
fossil­
fuel­
fired
boiler
or
stationary,

fossil­
fuel­
fired
combustion
turbine
that,
under
paragraph
(
a)(
1)

of
this
section,
is
not
a
CAIR
NOX
Ozone
Season
unit
begins
to
serve
a
generator
with
nameplate
capacity
of
more
than
25
MWe
producing
electricity
for
sale,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
on
the
date
on
which
it
first
serves
such
generator.

(
b)
The
units
in
a
State
that
meet
the
requirements
set
forth
in
paragraph
(
b)(
1)(
i),
(
2)(
i),
or
(
2)(
ii)
of
this
section
shall
not
be
CAIR
NOX
Ozone
Season
units:

(
1)(
i)
For
a
unit
that
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
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05
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or
Cite
383
produces
electricity
and
continues
to
qualify
as
a
cogeneration
unit,
a
cogeneration
unit
serving
at
any
time,
since
the
later
of
November
15,
1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
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.
Any
unit:

(
A)
Qualifying
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
continuing
to
qualify
as
a
cogeneration
unit;
and
(
B)
Not
serving
at
any
time,
since
the
later
of
November
15,

1990
or
the
start­
up
of
the
unit's
combustion
chamber,
a
generator
with
nameplate
capacity
of
more
than
25
MWe
supplying
in
any
calendar
year
more
than
one­
third
of
the
unit's
potential
electric
output
capacity
or
219,000
MWh,
whichever
is
greater,
to
any
utility
power
distribution
system
for
sale.

(
ii)
If
a
unit
qualifies
as
a
cogeneration
unit
during
the
12­
month
period
starting
on
the
date
the
unit
first
produces
electricity
and
meets
the
requirements
of
paragraphs
(
b)(
1)(
i)
of
this
section
for
at
least
one
calendar
year,
but
subsequently
no
longer
meets
all
such
requirements,
but
subsequently
no
longer
qualifies
as
a
cogeneration
unit,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
be
subject
to
paragraph
(
a)(
1)
of
this
section
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or
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384
starting
on
the
earlier
of
January
1
after
the
first
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
cogeneration
unit
or
January
1
after
the
first
calendar
year
during
which
the
unit
no
longer
meets
the
requirements
of
paragraph
(
b)(
1)(
i)(
B)
of
this
section.
(
iii)
If
a
cogeneration
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
under
paragraph
(
a)(
2)
of
this
section
for
a
calendar
year
continues
to
qualify
as
a
cogeneration
unit
but
serves
a
generator
supplying
in
a
subsequent
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,
the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
January
1
after
the
first
such
calendar
year
during
which
the
unit
serves
such
a
generator.
(
b)
A
solid
waste
incineration
unit
meeting
the
criteria
in
paragraph
(
b)(
1)
or
(
b)(
2)
of
this
section
shall
not
be
a
CAIR
NOX
Ozone
Season
unit:

(
2)(
i)
For
a
solid
waste
incineration
unit
commencing
operation
before
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
during
1985­
1987
exceeded
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
before
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
7/
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or
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385
fuel
for
1985­
1987
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
ii)
For
a
solid
waste
incineration
unit
commencing
operation
on
or
after
January
1,
1985,
the
average
annual
fuel
consumption
of
non­
fossil
fuels
for
the
first
3
calendar
years
of
operation
exceeds
80
percent
and
during
any
3
consecutive
calendar
years
after
1990
the
average
annual
fuel
consumption
of
non­
fossil
fuels
exceeds
80
percent.
Any
unit
commencing
operation
on
or
after
January
1,
1985:

(
A)
Qualifying
as
a
solid
waste
incineration
unit;
and
(
B)
With
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
the
first
3
calendar
years
of
operation
exceeding
80
percent
(
on
a
Btu
basis)
and
an
average
annual
fuel
consumption
of
non­
fossil
fuel
for
any
3
consecutive
calendar
years
after
1990
exceeding
80
percent
(
on
a
Btu
basis).

(
iii)
If
a
unit
qualifies
as
a
solid
waste
incineration
unit
and
meets
the
requirements
of
paragraph
(
b)(
2)(
i)
or
(
ii)
of
this
section
for
at
least
3
consecutive
calendar
years,
but
subsequently
no
longer
meets
all
such
requirements,
but
subsequently
no
longer
so
qualifies,
the
unit
shall
become
a
CAIR
NOX
Ozone
Season
unit
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
the
earlier
of
January
1
after
the
first
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or
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386
calendar
year
during
which
the
unit
first
no
longer
qualifies
as
a
solid
waste
incineration
unit
or
January
1
after
the
first
3
consecutive
calendar
years
after
1990
for
which
the
unit
has
an
average
annual
fuel
consumption
of
fossil
fuel
of
20
percent
or
more.
(
iv)
If
a
unit
is
not
a
CAIR
NOX
Ozone
Season
unit
continues
to
be
a
solid
waste
incineration
unit
qualifies
under
paragraph
(
b)(
1)
or
(
2)
of
this
section
as
a
solid
waste
incineration
unit
that
is
not
a
CAIR
NOX
Ozone
Season
unit
for
calendar
year
3
consecutive
calendar
years
but
has,
during
any
subsequent
3
consecutive
calendar
years
after
1990,
average
annual
fuel
consumption
of
non­
fossil
fuels
less
than
or
equal
to
80
percent,

the
unit
shall
be
subject
to
paragraph
(
a)(
1)
of
this
section
starting
on
January
1
after
the
first
such
3­
calendar­
year
period
during
which
the
unit
has
such
average
annual
fuel
consumption
of
non­
fossil
fuels.

(
c)
A
certifying
official
of
an
owner
or
operator
of
any
unit
may
petition
the
Administrator
at
any
time
for
a
determination
concerning
the
applicability,
under
paragraphs
(
a)
and
(
b)
of
this
section,
of
the
CAIR
NOX
AnnualOzone
Season
Trading
Program
to
the
unit.

(
1)
Petition
content.
The
petition
shall
be
in
writing
and
include
the
identification
of
the
unit
and
the
relevant
facts
about
the
unit.
The
petition
and
any
other
documents
provided
to
the
Administrator
in
connection
with
the
petition
shall
include
7/
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05
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or
Cite
387
the
following
certification
statement,
signed
by
the
certifying
official:
"
I
am
authorized
to
make
this
submission
on
behalf
of
the
owners
and
operators
of
the
unit
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)
Submission.
The
petition
and
any
other
documents
provided
in
connection
with
the
petition
shall
be
submitted
to
the
Director
of
the
Clean
Air
Markets
Division,
U.
S.
Environmental
Protection
Agency,
who
will
act
on
the
petition
as
the
Administrator's
duly
authorized
representative.

(
3)
Response.
The
Administrator
will
issue
a
written
response
to
the
petition
and
may
request
supplemental
information
relevant
to
such
petition.
The
Administrator's
determination
concerning
the
applicability,
under
paragraphs
(
a)
and
(
b)
of
this
section,
of
the
CAIR
NOX
AnnualOzone
Season
Trading
Program
to
the
unit
shall
be
binding
on
the
permitting
authority
unless
the
7/
29/
05
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or
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388
petition
or
other
information
or
documents
provided
in
connection
with
the
petition
are
found
to
have
contained
significant,

relevant
errors
or
omissions.

(
d)
Notwithstanding
paragraphs
(
a)
and
(
b)
of
this
section,

if
a
State
submits,
and
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
ee)(
1)
of
this
chapter
providing
for
the
inclusion
in
the
CAIR
NOX
Ozone
Season
Trading
Program
of
all
units
that
are
not
otherwise
CAIR
NOX
Ozone
Season
units
under
paragraphs
(
a)
and
(
b)
of
this
section
and
that
are
NOX
Budget
units
covered
by
the
State's
emissions
trading
program
approved
under
§
51.121(
p)
of
this
chapter,
such
units
shall
be
CAIR
NOX
Ozone
Season
units
as
of
the
first
date
that
they
are
NOX
Budget
units
under
the
NOX
Budget
Trading
Program
under
§
51.121(
p)
of
this
chapter.

§
97.305
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
exempt
from
the
CAIR
NOX
Ozone
Season
Trading
Program,
except
for
the
provisions
of
this
section,
§
97.302,
§
97.303,
§
97.304,
§
97.306(
c)(
4)
through
(
7),
§
97.307,
and
subparts
BBBB
and
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
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or
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389
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
statement
under
paragraph
(
a)(
2)
of
this
section,
the
permitting
authority
will
amend
any
permit
under
subpart
CCCC
of
this
part
covering
the
source
at
which
the
unit
is
located
to
add
the
provisions
and
requirements
of
the
exemption
under
paragraphs
(
a)(
1)
and
(
b)
of
this
section.

(
b)
Special
provisions.

(
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
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.
7/
29/
05
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­
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Not
Quote
or
Cite
390
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
§
97.322
for
the
unit
not
less
than
18
months
(
or
such
lesser
time
provided
by
the
permitting
authority)
before
the
later
of
January
1,
2009
or
the
date
on
which
the
unit
resumes
operation.

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

(
i)
The
date
on
which
the
CAIR
designated
representative
submits
a
CAIR
permit
application
for
the
unit
under
paragraph
7/
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Not
Quote
or
Cite
391
(
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.

§
97.306
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
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
§
97.322
in
accordance
with
the
deadlines
specified
in
§
97.321;
and
(
ii)
Submit
in
a
timely
manner
any
supplemental
information
that
the
permitting
authority
determines
is
necessary
in
order
to
review
a
CAIR
permit
application
and
issue
or
deny
a
CAIR
permit.
7/
29/
05
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­
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Not
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or
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392
(
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
CCCC
of
this
part
for
the
source
and
operate
the
source
and
the
unit
in
compliance
with
such
CAIR
permit.

(
3)
Except
as
provided
under
subpart
IIII
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
CCCC
of
this
part
for
such
CAIR
NOX
Ozone
Season
source
and
such
CAIR
NOX
Ozone
Season
unit.

(
b)
Monitoring,
reporting,
and
recordkeeping
requirements.

(
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
HHHH
of
this
part
shall
be
used
to
determine
compliance
by
each
CAIR
NOX
Ozone
Season
source
with
the
7/
29/
05
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­
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Not
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or
Cite
393
CAIR
NOX
Ozone
Season
emissions
limitation
under
paragraph
(
c)
of
this
section.

(
c)
Nitrogen
oxides
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
§
97.354(
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
for
the
control
period
starting
on
the
later
of
May
1,
2009
or
the
deadline
for
meeting
the
unit's
monitor
certification
requirements
under
§
97.370(
b)(
1),(
2),
(
3),
or
(
7)
and
for
each
control
period
thereafter.

(
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
7/
29/
05
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Not
Quote
or
Cite
394
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
oxides
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
§
97.305
and
no
provision
of
law
shall
be
construed
to
limit
the
authority
of
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
subpart
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
source's
compliance
account
is
incorporated
automatically
in
any
CAIR
permit
of
the
source.

(
d)
Excess
emissions
requirements.
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:

(
1)
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
§
97.354(
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
7/
29/
05
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­
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Not
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or
Cite
395
or
applicable
State
law;
and
(
2)
Each
ton
of
such
excess
emissions
and
each
day
of
such
control
period
shall
constitute
a
separate
violation
of
this
subpart,
the
Clean
Air
Act,
and
applicable
State
law.

(
e)
Recordkeeping
and
reporting
requirements.

(
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
§
97.313
for
the
CAIR
designated
representative
for
the
source
and
each
CAIR
NOX
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
§
97.313
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
7/
29/
05
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or
Cite
396
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
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
7/
29/
05
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­
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or
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397
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
§
97.305
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.

§
97.307
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.

(
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.

§
97.308
Appeal
Procedures.

The
appeal
procedures
for
decisions
of
the
Administrator
7/
29/
05
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Not
Quote
or
Cite
398
under
the
CAIR
NOX
Ozone
Season
Trading
Program
are
set
forth
in
part
78
of
this
chapter.

APPENDIX
A
TO
SUBPART
AAAA
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
APPLICABILITY
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
ee)(
1)
of
this
chapter
approved
by
the
Administrator
and
providing
for
expansion
of
the
applicability
provisions
to
include
all
non­
EGUs
subject
to
the
respective
State's
emission
trading
program
approved
under
§
51.121(
p)
of
this
chapter:

Subpart
BBBB
 
CAIR
designated
representative
for
CAIR
NOX
Ozone
Season
sources
§
97.310
Authorization
and
responsibilities
of
CAIR
designated
representative.

(
a)
Except
as
provided
under
§
97.311,
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
owners
and
operators
of
the
source
and
all
CAIR
NOX
Ozone
Season
units
at
the
source
and
shall
act
in
accordance
with
the
7/
29/
05
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­
Do
Not
Quote
or
Cite
399
certification
statement
in
§
97.313(
a)(
4)(
iv).

(
c)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.313,
the
CAIR
designated
representative
of
the
source
shall
represent
and,
by
his
or
her
representations,
actions,
inactions,
or
submissions,
legally
bind
each
owner
and
operator
of
the
CAIR
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
§
97.313
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
400
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.

§
97.311
Alternate
CAIR
designated
representative.

(
a)
A
certificate
of
representation
under
§
97.313
may
designate
one
and
only
one
alternate
CAIR
designated
representative,
who
may
act
on
behalf
of
the
CAIR
designated
representative.
The
agreement
by
which
the
alternate
CAIR
designated
representative
is
selected
shall
include
a
procedure
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
401
for
authorizing
the
alternate
CAIR
designated
representative
to
act
in
lieu
of
the
CAIR
designated
representative.

(
b)
Upon
receipt
by
the
Administrator
of
a
complete
certificate
of
representation
under
§
97.313,
any
representation,

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

inaction,
or
submission
by
the
CAIR
designated
representative.

(
c)
Except
in
this
section
and
§
§
97.302,
97.310(
a)
and
(
d),

97.312,
97.313,
97.351,
and
97.382,
whenever
the
term
"
CAIR
designated
representative"
is
used
in
subparts
AAAA
through
HHHH
of
this
part,
the
term
shall
be
construed
to
include
the
CAIR
designated
representative
or
any
alternate
CAIR
designated
representative.

§
97.312
Changing
CAIR
designated
representative
and
alternate
CAIR
designated
representative;
changes
in
owners
and
operators.

(
a)
Changing
CAIR
designated
representative.
The
CAIR
designated
representative
may
be
changed
at
any
time
upon
receipt
by
the
Administrator
of
a
superseding
complete
certificate
of
representation
under
§
97.313.
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
Ozone
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
402
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
§
97.313.
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
§
97.313,
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
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.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
403
(
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
§
97.313
amending
the
list
of
owners
and
operators
to
include
the
change.

§
97.313
Certificate
of
representation.

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

(
1)
Identification
of
the
CAIR
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
404
(
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
405
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.

§
97.314
Objections
concerning
CAIR
designated
representative.

(
a)
Once
a
complete
certificate
of
representation
under
§
97.313
has
been
submitted
and
received,
the
permitting
authority
and
the
Administrator
will
rely
on
the
certificate
of
representation
unless
and
until
a
superseding
complete
certificate
of
representation
under
§
97.313
is
received
by
the
Administrator.

(
b)
Except
as
provided
in
§
97.312(
a)
or
(
b),
no
objection
or
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
406
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
§
97.320
General
CAIR
NOX
Ozone
Season
Trading
Program
permit
requirements.

(
a)
For
each
CAIR
NOX
Ozone
Season
source
required
to
have
a
title
V
operating
permit
or
required,
under
subpart
IIII
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
407
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.

§
97.321
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
operating
permit
shall
submit
to
the
permitting
authority
a
complete
CAIR
permit
application
under
§
97.322
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
408
under
§
97.322
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.

§
97.322
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
§
97.306.

§
97.323
CAIR
permit
contents
and
term.

(
a)
Each
CAIR
permit
will
contain,
in
a
format
prescribed
by
the
permitting
authority,
all
elements
required
for
a
complete
CAIR
permit
application
under
§
97.322.

(
b)
Each
CAIR
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.302
and,
upon
recordation
by
the
Administrator
under
subpart
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
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or
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409
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.

§
97.324
CAIR
permit
revisions.

Except
as
provided
in
§
97.323(
b),
the
permitting
authority
will
revise
the
CAIR
permit,
as
necessary,
in
accordance
with
the
permitting
authority's
title
V
operating
permits
regulations
or
the
permitting
authority's
regulations
for
other
federally
enforceable
permits
as
applicable
addressing
permit
revisions.

Subpart
DDDD
 
[
Reserved]

Subpart
EEEE
 
CAIR
NOX
Ozone
Season
Allowance
Allocations
§
97.340
State
trading
budgets.

(
a)
Except
as
provided
in
paragraph
(
b)
of
this
section,
the
State
trading
budgets
for
annual
allocations
of
CAIR
NOX
Ozone
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
9,597
Connecticut
2,559
2,559
Delaware
2,226
1,855
District
of
Columbia
112
94
Florida
47,912
39,926
Illinois
30,701
28,981
Indiana
45,952
39,273
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410
Iowa
14,263
11,886
Kentucky
36,045
30,587
Louisiana
17,085
14,238
Maryland
12,834
10,695
Massachusetts
7,551
6,293
Michigan
28,971
24,142
Mississippi
8,714
7,262
Missouri
26,678
22,231
New
Jersey
6,654
5,545
New
York
20,632
17,193
North
Carolina
28,392
23,660
Ohio
45,664
39,945
Pennsylvania
42,171
35,143
South
Carolina
15,249
12,707
Tennessee
22,842
19,035
Virginia
15,994
13,328
West
Virginia
26,859
26,525
Wisconsin
17,987
14,989
(
b)
Upon
approval
by
the
Administrator
of
a
State's
State
implementation
plan
revision
under
§
51.123(
ee)(
1)
of
this
chapter
providing
for
the
inclusion
in
the
CAIR
NOX
Ozone
Season
Trading
Program
of
all
units
that
are
not
otherwise
CAIR
NOX
Ozone
Season
units
under
§
97.304(
a)
and
(
b)
and
that
are
NOX
Budget
units
covered
by
the
State's
emissions
trading
program
approved
under
§
51.121(
p),
the
State's
State
trading
budget
shall
be
treated,
for
purposes
of
§
§
97.342
and
97.344,
as
comprising
the
sum
of:

(
1)
The
applicable
amount
for
the
State
for
the
year
under
paragraph
(
a)
of
this
section;
and
(
2)
An
amount
not
exceeding
the
portion
of
the
State's
State
trading
program
budget,
under
such
emissions
trading
program
approved
under
§
51.121(
p),
attributed
to
the
units
that
the
applicability
provisions
in
§
96.304(
a)
and
(
b)
are
expanded
to
include
under
such
State
implementation
plan
revision.

§
97.341
Timing
requirements
for
CAIR
NOX
Ozone
Season
allowance
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411
allocations.

(
a)
The
Administrator
will
determine
by
order
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
accordance
with
§
97.342(
a)

and
(
b),
for
the
control
periods
in
2009,
2010,
2011,
2012,
2013,

and
2014.

(
b)
By
July
31,
2011
and
July
31
of
each
year
thereafter,
the
Administrator
will
determine
by
order
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
accordance
with
§
97.342(
a)
and
(
b),
for
the
control
period
in
the
fourth
year
after
the
year
of
the
applicable
deadline
for
determination
under
this
paragraph.

(
c)
By
April
30,
2009
and
April
30
of
each
year
thereafter,

the
Administrator
will
determine
by
order
the
CAIR
NOX
Ozone
Season
allowance
allocations,
in
accordance
with
§
97.342(
a),
(
c),
and
(
d),
for
the
control
period
in
the
year
of
the
applicable
deadline
for
submission
under
this
paragraph.

(
d)
The
Administrator
will
make
available
to
the
public
each
determination
of
CAIR
NOX
Ozone
Season
allowances
under
paragraph
(
a),
(
b),
or
(
c)
of
this
section
and
will
provide
an
opportunity
for
submission
of
objections
to
the
determination.
Objections
shall
be
limited
to
addressing
whether
the
determination
is
in
accordance
with
§
97.342.
Based
on
any
such
objections,
the
Administrator
will
adjust
each
determination
to
the
extent
necessary
to
ensure
that
it
is
in
accordance
with
§
97.342.

§
97.342
CAIR
NOX
Ozone
Season
allowance
allocations.
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412
(
a)(
1)
The
baseline
heat
input
(
in
mmBtu)
used
with
respect
to
CAIR
NOX
Ozone
Season
allowance
allocations
under
paragraph
(
b)

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
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or
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413
emissions
during
a
control
period
in
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
determined
based
on
the
best
available
data
reported
to
the
Administrator
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
(
in
Btu)
of
the
steam
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or
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414
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
3,4143,413
Btu/
kWh,
plus
the
total
heat
energy
(
in
Btu)
of
the
steam
produced
by
any
associated
heat
recovery
steam
generator
during
the
control
period
divided
by
0.8,
and
with
the
sum
divided
by
1,000,000
Btu/
mmBtu.

(
iii)
Gross
electrical
output
and
total
heat
energy
under
paragraph
(
a)(
2)(
ii)
of
this
section
will
be
determined
based
on
the
best
available
data
reported
to
the
Administrator.

(
3)
The
Administrator
will
determine
what
data
are
the
best
available
data
under
paragraph
(
2)
of
this
section
by
weighing
the
likelihood
that
data
are
accurate
and
reliable
and
will
give
greater
weight
to
data
submitted
to
a
governmental
entity
in
compliance
with
legal
requirements
or
substantiated
by
an
independent
entity.

(
b)(
1)
For
each
control
period
in
2009
and
thereafter,
the
Administrator
will
allocate
to
all
CAIR
NOX
Ozone
Season
units
in
a
State
that
have
a
baseline
heat
input
(
as
determined
under
paragraph
(
a)
of
this
section)
a
total
amount
of
CAIR
NOX
Ozone
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or
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415
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
for
such
State
under
§
97.340
(
except
as
provided
in
paragraphs
(
d)
and
(
e)
of
this
section).

(
2)
The
Administrator
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
allocated
under
paragraph
(
b)(
1)
of
this
section
by
the
ratio
of
the
baseline
heat
input
of
such
CAIR
NOX
Ozone
Season
unit
to
the
total
amount
of
baseline
heat
input
of
all
such
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
Administrator
will
allocate
CAIR
NOX
Ozone
Season
allowances
to
CAIR
NOX
Ozone
Season
units
in
a
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
Administrator
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
2014,
and
3
percent
for
a
control
period
in
2015
and
thereafter,
of
the
amount
of
tons
of
NOX
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416
emissions
in
the
State
trading
budget
for
the
State
under
§
97.340.

(
2)
The
CAIR
designated
representative
of
such
a
CAIR
NOX
Ozone
Season
unit
may
submit
to
the
permitting
authority
Administrator
a
request,
in
a
format
specified
by
the
the
permitting
authority
Administrator,
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
under
paragraph
(
b)
of
this
section.
The
CAIR
NOX
Ozone
Season
allowance
allocation
request
must
be
submitted
on
or
before
February
1
before
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
Administrator
will
review
each
CAIR
NOX
Ozone
Season
allowance
allocation
request
under
paragraph
(
c)(
2)
of
this
7/
29/
05
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­
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Not
Quote
or
Cite
417
section
and
will
allocate
CAIR
NOX
Ozone
Season
allowances
for
each
control
period
pursuant
to
such
request
as
follows:

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

(
ii)
On
or
after
April
1
February
1
before
the
control
period,
the
Administrator
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
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
Administrator
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
Administrator
will
allocate
to
each
CAIR
NOX
Ozone
Season
unit
covered
by
an
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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
amount
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
Administrator
will
notify
each
CAIR
designated
representative
that
submitted
an
allowance
allocation
request
of
the
amount
of
CAIR
NOX
Ozone
Season
allowances
(
if
any)
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
under
paragraph
(
c)
of
this
section
for
a
State
for
the
control
period,

the
Administrator
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
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emissions
in
the
State
trading
budget
for
such
State
under
§
97.340,
and
rounded
to
the
nearest
whole
allowance
as
appropriate.

(
e)
If
the
Administrator
determines
that
CAIR
NOX
Ozone
Season
allowances
were
allocated
under
paragraphs
(
a)
and
(
b)
of
this
section,
paragraphs
(
a)
and
(
c)
of
this
section,
or
paragraph
(
d)

or
(
e)
of
this
section
for
a
control
period
and
that
the
recipient
of
the
allocation
is
not
actually
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
in
such
control
period,
then
the
Administrator
will
notify
the
CAIR
designated
representative
and
will
act
in
accordance
with
the
following
procedures:

(
1)
Except
as
provided
in
paragraph
(
e)(
2)
or
(
3)
of
this
section,
the
Administrator
will
not
record
such
CAIR
NOX
Ozone
Season
allowances
under
§
97.353.

(
2)
If
the
Administrator
already
recorded
such
CAIR
NOX
Ozone
Season
allowances
under
§
97.353
and
if
the
Administrator
makes
such
determinations
before
making
deductions
for
the
source
that
includes
such
recipient
under
§
97.354(
b)
for
the
control
period,

then
the
Administrator
will
deduct
from
the
account
in
which
such
CAIR
NOX
Ozone
Season
allowances
were
recorded
under
§
97.353
an
amount
of
CAIR
NOX
Ozone
Season
allowances
allocated
for
the
same
or
a
prior
control
period
equal
to
the
amount
of
such
already
recorded
CAIR
NOX
Ozone
Season
allowances.
The
CAIR
designated
representative
shall
ensure
that
there
are
sufficient
CAIR
NOX
Ozone
Season
allowances
in
such
account
for
completion
of
the
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deduction.

(
3)
If
the
Administrator
already
recorded
such
CAIR
NOX
Ozone
Season
allowances
under
§
97.353
and
if
the
Administrator
makes
such
determinations
after
making
deductions
for
the
source
that
includes
such
recipient
under
§
97.354(
b)
for
the
control
period,

then
the
Administrator
will
apply
paragraph
(
e)(
1)
or
(
2)
of
this
section,
as
appropriate,
to
any
subsequent
control
period
for
which
CAIR
NOX
Ozone
Season
allowances
were
allocated
to
such
recipient.

(
4)
The
Administrator
will
transfer
the
CAIR
NOX
Ozone
Season
allowances
that
are
not
recorded,
or
that
are
deducted,
in
accordance
with
paragraphs
(
e)(
1),
(
2),
and
(
3)
of
this
section
to
a
new
unit
set­
aside
for
the
State
in
which
such
recipient
is
located.

§
97.343
Alternative
of
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
permitting
authority.

(
a)
Notwithstanding
§
§
97.341,
97.342,
and
97.353
if
a
State
submits,
and
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
ee)(
2)
of
this
chapter
providing
for
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
the
permitting
authority,
then
the
permitting
authority
shall
make
such
allocations
in
accordance
with
such
approved
State
implementation
plan
revision,
the
Administrator
will
not
make
and
record
allocations
under
§
§
97.341,
97.342,
and
97.353
for
the
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CAIR
NOX
Ozone
Season
units
in
the
State,
and
the
Administrator
will
record
allocations
made
under
such
approved
State
implementation
plan
revision.

(
b)
In
implementing
paragraph(
a)
of
this
section
and
§
§
97.341,
97.342,
and
97.353,
the
Administrator
will
ensure
that
the
total
amount
of
CAIR
NOX
Ozone
Season
allowances
allocated,
under
such
provisions
and
under
a
State's
State
implementation
plan
revision
approved
in
accordance
with
§
51.123(
ee)(
2)
of
this
chapter,
for
a
control
period
for
CAIR
NOX
Ozone
Season
sources
in
the
State
or
for
other
entities
specified
by
the
permitting
authority
will
not
exceed
the
State's
State
trading
budget
for
the
year
of
the
control
period.

APPENDIX
A
TO
SUBPART
EEEE
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
ALLOCATIONS
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
ee)(
2)
of
this
chapter
approved
by
the
Administrator
and
providing
for
allocation
of
CAIR
NOX
Ozone
Season
allowances
by
the
permitting
authority
under
§
97.344(
a):

Subpart
FFFF
 
CAIR
NOX
Ozone
Season
Allowance
Tracking
System
§
97.350
[
Reserved]

§
97.351
Establishment
of
accounts.

(
a)
Compliance
accounts.
Except
as
provided
in
§
97.384(
e),

upon
receipt
of
a
complete
certificate
of
representation
under
§
97.313,
the
Administrator
will
establish
a
compliance
account
for
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the
CAIR
NOX
Ozone
Season
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
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;
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(
C)
A
list
of
all
persons
subject
to
a
binding
agreement
for
the
CAIR
authorized
account
representative
and
any
alternate
CAIR
authorized
account
representative
to
represent
their
ownership
interest
with
respect
to
the
CAIR
NOX
Ozone
Season
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
CAIR
NOX
Ozone
Season
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
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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
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.
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(
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
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
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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
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
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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
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
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CAIR
NOX
Ozone
Season
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
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
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or
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429
representative
for
a
general
account,
including
private
legal
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.

§
97.352
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.

§
97.353
Recordation
of
CAIR
NOX
Ozone
Season
allowance
allocations.

(
a)
By
December
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
in
accordance
with
§
96.342(
a)
and
(
b)
for
the
control
period
in
2009.

(
b)
By
December
1,
2008,
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
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units
at
the
source
in
accordance
with
§
96.342(
a)
and
(
b)
for
the
control
period
in
2010.

(
c)
By
December
1,
2009,
the
Administrator
will
record
in
the
CAIR
NOX
Ozone
Season
source's
compliance
account
the
CAIR
Ozone
Season
NOX
allowances
allocated
for
the
CAIR
NOX
Ozone
Season
units
at
the
source
in
accordance
with
§
97.342(
a)
and
(
b)
for
the
control
periods
in
2011,
2012,
and
2013.

(
d)
By
December
1,
2010
and
December
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
in
accordance
with
§
97.342(
a)
and
(
b)
for
the
control
period
in
the
fourth
year
after
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
e)
By
September
1,
2009
and
September
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
in
accordance
with
§
96.342(
a)
and
(
c)
for
the
control
period
in
the
year
of
the
applicable
deadline
for
recordation
under
this
paragraph.

(
f)
Serial
numbers
for
allocated
CAIR
NOX
Ozone
Season
allowances.
When
recording
the
allocation
of
CAIR
NOX
Ozone
Season
allowances
for
a
CAIR
NOX
Ozone
Season
unit
in
a
compliance
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or
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431
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.

§
97.354
Compliance
with
CAIR
NOX
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
§
97.360
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
§
97.361,
of
CAIR
NOX
Ozone
Season
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
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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
period
and
include,
in
a
format
prescribed
by
the
Administrator,

the
identification
of
the
CAIR
NOX
Ozone
Season
source
and
the
appropriate
serial
numbers.
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433
(
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
entity
and
transferred
and
recorded
in
the
compliance
account
pursuant
to
subpart
GGGG
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
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
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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.

§
97.355
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.

(
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
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435
deducted
or
transferred
under
§
97.354,
§
97.356,
or
subpart
GGGG
of
this
part.

§
97.356
Account
error.

The
Administrator
may,
at
his
or
her
sole
discretion
and
on
his
or
her
own
motion,
correct
any
error
in
any
CAIR
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.

§
97.357
Closing
of
general
accounts.

(
a)
The
CAIR
authorized
account
representative
of
a
general
account
may
submit
to
the
Administrator
a
request
to
close
the
account,
which
shall
include
a
correctly
submitted
allowance
transfer
under
§
97.360
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
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
§
97.360
or
a
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436
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
§
97.360
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.

§
97.361
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
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:
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(
1)
The
transfer
is
correctly
submitted
under
§
97.360;
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
§
97.354
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.

§
97.362
Notification.

(
a)
Notification
of
recordation.
Within
5
business
days
of
recordation
of
a
CAIR
NOX
Ozone
Season
allowance
transfer
under
§
97.361,
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
the
transferor
and
transferee
accounts.

(
b)
Notification
of
non­
recordation.
Within
10
business
days
of
receipt
of
a
CAIR
NOX
Ozone
Season
allowance
transfer
that
fails
to
meet
the
requirements
of
§
97.361(
a),
the
Administrator
will
notify
the
CAIR
authorized
account
representatives
of
both
accounts
subject
to
the
transfer
of:
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(
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
§
97.370
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
§
97.302
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
§
97.302.
The
owner
or
operator
of
a
unit
that
is
not
a
CAIR
NOX
Ozone
Season
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
Ozone
Season
unit.

(
a)
Requirements
for
installation,
certification,
and
data
7/
29/
05
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­
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Not
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or
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439
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
§
97.371
and
meet
all
other
requirements
of
this
subpart
and
part
75
of
this
chapter
applicable
to
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section;
and
(
3)
Record,
report,
and
quality­
assure
the
data
from
the
monitoring
systems
under
paragraph
(
a)(
1)
of
this
section.

(
b)
Compliance
deadlines.
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
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
440
that
commences
commercial
operation
on
or
after
July
1,
2007
and
that
reports
on
an
annual
basis
under
§
97.374(
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
§
97.374(
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)
of
this
section
is
not
during
a
control
period,
May
1
immediately
following
the
compliance
date
under
paragraph
(
b)(
3)(
i)
of
this
section.

(
4)
For
the
owner
or
operator
of
a
CAIR
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
§
97.374(
d),
by
90
unit
7/
29/
05
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or
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441
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
§
97.374(
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
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
§
97.384(
b).

(
7)
Notwithstanding
the
dates
in
paragraphs
(
b)(
1),
(
2),
and
7/
29/
05
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Not
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or
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442
(
3)
of
this
section,
for
the
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
III
of
this
part,
by
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
97.384(
g).

(
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.

(
2)
The
owner
or
operator
of
a
CAIR
NOX
unit
that
does
not
meet
the
applicable
compliance
date
set
forth
in
paragraph
(
b)(
4)
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
§
75.74(
c)(
7)
of
this
chapter
or
subpart
D
or
subpart
H
of,
or
appendix
D
or
appendix
E
to,
part
75
7/
29/
05
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Not
Quote
or
Cite
443
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)(
4)
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
§
97.375.

(
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
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
7/
29/
05
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Not
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or
Cite
444
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
§
97.305
that
is
in
effect;

(
ii)
The
owner
or
operator
is
monitoring
emissions
from
the
unit
with
another
certified
monitoring
system
approved,
in
accordance
with
the
applicable
provisions
of
this
subpart
and
part
75
of
this
chapter,
by
the
Administrator
for
use
at
that
unit
that
provides
emission
data
for
the
same
pollutant
or
parameter
as
the
retired
or
discontinued
monitoring
system;
or
(
iii)
The
CAIR
designated
representative
submits
notification
of
the
date
of
certification
testing
of
a
replacement
monitoring
system
for
the
retired
or
discontinued
monitoring
system
in
accordance
with
§
97.371(
d)(
3)(
i).

(
e)
Long­
term
cold
storage.
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
is
subject
to
the
applicable
provisions
of
part
75
of
this
chapter
concerning
units
in
long­
term
cold
storage.

§
97.371
Initial
certification
and
recertification
procedures.

(
a)
The
owner
or
operator
of
a
CAIR
NOX
Ozone
Season
unit
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
445
shall
be
exempt
from
the
initial
certification
requirements
of
this
section
for
a
monitoring
system
under
§
97.370(
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
§
97.370(
a)(
1)
exempt
from
initial
certification
requirements
under
paragraph
(
a)
of
this
section.

(
c)
If
the
Administrator
has
previously
approved
a
petition
under
§
75.17(
a)
or
(
b)
of
this
chapter
for
apportioning
the
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
or
§
75.17
of
this
chapter,
the
CAIR
designated
representative
shall
resubmit
the
petition
to
the
Administrator
under
§
97.375
to
determine
whether
the
approval
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
7/
29/
05
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­
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Not
Quote
or
Cite
446
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
§
97.370(
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
§
97.370(
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
§
97.370(
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
or
operator
makes
a
replacement,
modification,
or
change
in
any
certified
continuous
emission
monitoring
system
under
§
97.370(
a)(
1)
that
may
significantly
affect
the
ability
of
the
7/
29/
05
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­
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Not
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or
Cite
447
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
§
97.370(
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
§
97.370(
a)(
1).
For
recertifications,
replace
the
words
"
certification"
and
"
initial
7/
29/
05
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­
Do
Not
Quote
or
Cite
448
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
appropriate
EPA
Regional
Office
and
the
Administrator
written
notice
of
the
dates
of
certification
testing,
in
accordance
with
§
97.373.

(
ii)
Certification
application.
The
CAIR
designated
representative
shall
submit
to
the
Administrator
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
Administrator
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
7/
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or
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449
certification),
provided
that
the
Administrator
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
Administrator.

(
iv)
Certification
application
approval
process.
The
Administrator
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
Administrator
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
Administrator
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
Administrator
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
7/
29/
05
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­
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Not
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or
Cite
450
application.
If
the
CAIR
designated
representative
does
not
comply
with
the
notice
of
incompleteness
by
the
specified
date,

then
the
Administrator
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
Administrator
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
Administrator
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
Administrator
may
issue
a
notice
of
disapproval
of
the
certification
status
of
a
monitor
in
7/
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­
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or
Cite
451
accordance
with
§
97.372(
b).

(
v)
Procedures
for
loss
of
certification.
If
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(
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
7/
29/
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or
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452
concentration
(
as
applicable),
as
defined
in
sections
2.1.5,

2.1.3.1,
and
2.1.3.2
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
system,
as
indicated
in
the
Administrator's
notice
of
disapproval,

no
later
than
30
unit
operating
days
after
the
date
of
issuance
of
the
notice
of
disapproval.

(
e)
Initial
certification
and
recertification
procedures
for
units
using
the
low
mass
emission
excepted
methodology
under
§
75.19
of
this
chapter.
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
7/
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or
Cite
453
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
under
subpart
E
of
part
75
of
this
chapter
shall
comply
with
the
applicable
notification
and
application
procedures
of
§
75.20(
f)
of
this
chapter.

§
97.372
Out
of
control
periods.

(
a)
Whenever
any
monitoring
system
fails
to
meet
the
qualityassurance
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
§
97.371
or
the
applicable
provisions
of
part
75
of
this
chapter,
both
at
the
time
of
the
initial
certification
or
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or
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454
recertification
application
submission
and
at
the
time
of
the
audit,
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
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
§
97.371
for
each
disapproved
monitoring
system.

§
97.373
Notifications.

The
CAIR
designated
representative
for
a
CAIR
NOX
Ozone
Season
unit
shall
submit
written
notice
to
the
Administrator
in
accordance
with
§
75.61
of
this
chapter.

§
97.374
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
7/
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or
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455
requirements
under
§
75.73
of
this
chapter,
and
the
requirements
of
§
97.310(
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
.

(
c)
Certification
Applications.
The
CAIR
designated
representative
shall
submit
an
application
to
the
Administrator
within
45
days
after
completing
all
initial
certification
or
recertification
tests
required
under
§
97.371,
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
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29/
05
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Not
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or
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456
June
30,
2008.

(
ii)
For
a
unit
that
commences
commercial
operation
on
or
after
July
1,
2007,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
97.370(
b),
unless
that
quarter
is
the
third
or
fourth
quarter
of
2007,
in
which
case
reporting
shall
commence
in
the
quarter
covering
May
1,
2008
through
June
30,
2008.

(
iii)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.384(
b).

(
iv)
Notwithstanding
paragraphs
(
d)(
1)(
i)
and
(
ii)
of
this
section,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
97.384(
g).

(
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
7/
29/
05
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or
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457
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
after
July
1,
2007,
the
calendar
quarter
corresponding
to
the
earlier
of
the
date
of
provisional
certification
or
the
applicable
deadline
for
initial
certification
under
§
97.370(
b),
unless
that
date
is
not
during
a
control
period,
in
which
case
reporting
shall
commence
in
the
quarter
that
includes
May
1
through
June
30
of
the
first
control
period
after
such
date.

(
iii)
Notwithstanding
paragraphs
(
d)(
2)(
i)
and
(
ii)
of
this
section,
for
a
unit
for
which
a
CAIR
opt­
in
permit
application
is
submitted
and
not
withdrawn
and
a
CAIR
opt­
in
permit
is
not
yet
issued
or
denied
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
specified
in
§
97.384(
b).

(
iv)
Notwithstanding
paragraphs
(
d)(
2)(
i)
and
(
ii)
of
this
7/
29/
05
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­
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or
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458
section,
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit
under
subpart
IIII
of
this
part,
the
calendar
quarter
corresponding
to
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
as
provided
in
§
97.384(
g).

(
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
,
CAIR
SO2
Trading
Program,
or
Hg
Budget
Trading
Program,

quarterly
reports
shall
include
the
applicable
data
and
information
required
by
subparts
F
through
I
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
certification
shall
state
that:

(
1)
The
monitoring
data
submitted
were
recorded
in
accordance
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
459
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.

§
97.375
Petitions.

The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
unit
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
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.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
460
§
97.376
Additional
requirements
to
provide
heat
input
data.

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
IIII
­
CAIR
NOX
Ozone
Season
Opt­
in
Units
§
97.380
Applicability.

A
CAIR
NOX
Ozone
Season
opt­
in
unit
must
be
a
unit
that:

(
a)
Is
located
in
a
State
that
submits,
and
for
which
the
Administrator
approves,
a
State
implementation
plan
revision
in
accordance
with
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
establishing
procedures
concerning
CAIR
Ozone
Season
opt­
in
units;

(
b)
Is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.305
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
HH
of
this
part.

§
97.381
General.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
461
(
a)
Except
as
otherwise
provided
in
§
§
97.301
through
97.304,

§
§
97.306
through
97.308,
and
subparts
BBBB
and
CCCC
and
subparts
FFFF
through
HHHH
of
this
part,
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
be
treated
as
a
CAIR
NOX
Ozone
Season
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
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.

§
97.382
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.

§
97.383
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
§
97.380
may
apply
for
an
initial
CAIR
opt­
in
permit
at
any
time,
except
as
provided
under
§
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
462
97.386(
f)
and
(
g),
and,
in
order
to
apply,
must
submit
the
following:

(
1)
A
complete
CAIR
permit
application
under
§
97.322;

(
2)
A
certification,
in
a
format
specified
by
the
permitting
authority,
that
the
unit:

(
i)
Is
not
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
and
is
not
covered
by
a
retired
unit
exemption
under
§
97.305
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
§
97.322;

(
3)
A
monitoring
plan
in
accordance
with
subpart
HHHH
of
this
part;

(
4)
A
complete
certificate
of
representation
under
§
97.313
consistent
with
§
97.382,
if
no
CAIR
designated
representative
has
been
previously
designated
for
the
source
that
includes
the
unit;

and
(
5)
A
statement,
in
a
format
specified
by
the
permitting
authority,
whether
the
CAIR
designated
representative
requests
that
the
unit
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
97.380(
b)
or
§
97.388(
c)
(
subject
to
the
conditions
in
§
§
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
463
97.384(
h)
and
97.386(
g)),
to
the
extent
such
allocation
is
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator.

(
b)
Duty
to
reapply.
(
1)
The
CAIR
designated
representative
of
a
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
submit
a
complete
CAIR
permit
application
under
§
97.322
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
NOX
Ozone
Season
opt­
in
unit
from
the
CAIR
NOX
Ozone
Season
Trading
Program
in
accordance
with
§
97.386
or
the
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304,
the
CAIR
NOX
Ozone
Season
opt­
in
unit
shall
remain
subject
to
the
requirements
for
a
CAIR
NOX
Ozone
Season
opt­
in
unit,
even
if
the
CAIR
designated
representative
for
the
CAIR
NOX
Ozone
Season
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.

§
97.384
Opt­
in
process.

The
permitting
authority
will
issue
or
deny
a
CAIR
opt­
in
permit
for
a
unit
for
which
an
initial
application
for
a
CAIR
opt­
in
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
464
permit
under
§
97.383
is
submitted
in
accordance
with
the
following,
to
the
extent
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
a)
Interim
review
of
monitoring
plan.
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
§
97.383.
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
authority
and
the
Administrator
determines
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
HHHH
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
§
97.384(
f)
or,
if
a
CAIR
opt­
in
permit
is
issued,

the
date
and
time
when
the
unit
is
withdrawn
from
the
CAIR
NOX
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
465
Ozone
Season
Trading
Program
in
accordance
with
§
97.386.

(
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
§
97.384(
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
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
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
§
97.384(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
466
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
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
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
periods
under
paragraphs
(
b)(
1)(
ii)
and
(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
467
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
periods
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
Ozone
Season
opt­
in
unit
in
§
97.380
and
meets
the
elements
certified
in
§
97.383(
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
§
97.380
or
meets
the
elements
certified
in
§
97.383(
a)(
2),
the
permitting
authority
will
issue
a
denial
of
a
CAIR
opt­
in
permit
for
the
unit.
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
468
(
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
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
§
97.388(
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
NOX
Ozone
Season
opt­
in
unit
or
a
CAIR
NOX
Ozone
Season
unit.
7/
29/
05
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­
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Not
Quote
or
Cite
469
§
97.385
CAIR
opt­
in
permit
contents.

(
a)
Each
CAIR
opt­
in
permit
will
contain:

(
1)
All
elements
required
for
a
complete
CAIR
permit
application
under
§
97.322;

(
2)
The
certification
in
§
97.383(
a)(
2);

(
3)
The
unit's
baseline
heat
input
under
§
97.384(
c);

(
4)
The
unit's
baseline
NOX
emission
rate
under
§
97.384(
d);

(
5)
A
statement
whether
the
unit
is
to
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
97.380(
b)
or
§
97.388(
c)
(
subject
to
the
conditions
in
§
§
97.384(
h)
and
97.386(
g));

(
6)
A
statement
that
the
unit
may
withdraw
from
the
CAIR
NOX
Ozone
Season
Trading
Program
only
in
accordance
with
§
97.386;
and
(
7)
A
statement
that
the
unit
is
subject
to,
and
the
owners
and
operators
of
the
unit
must
comply
with,
the
requirements
of
§
97.387.

(
b)
Each
CAIR
opt­
in
permit
is
deemed
to
incorporate
automatically
the
definitions
of
terms
under
§
97.302
and,
upon
recordation
by
the
Administrator
under
subpart
FFFF,
GGGG,
or
IIII
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.

(
c)
The
CAIR
opt­
in
permit
shall
be
included,
in
a
format
prescribed
by
the
permitting
authority,
in
the
CAIR
permit
for
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
470
source
where
the
CAIR
NOX
Ozone
Season
opt­
in
unit
is
located.

§
97.386
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
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
NOX
Ozone
Season
opt­
in
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
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
Ozone
Season
Trading
Program
under
§
97.384(
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:
7/
29/
05
Draft
­
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Not
Quote
or
Cite
471
(
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
§
97.306(
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
the
compliance
account
of
the
source
that
includes
the
CAIR
NOX
Ozone
Season
opt­
in
unit
CAIR
NOX
Ozone
Season
allowances
equal
in
amount
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
§
97.388
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
472
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
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
Ozone
Season
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
473
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
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
§
97.383
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
optin
permit
will
be
treated
as
an
initial
application
for
a
CAIR
opt­
in
permit
under
§
97.384.

(
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
Ozone
Season
opt­
in
unit
requests,
and
the
permitting
authority
issues
a
CAIR
NOX
opt­
in
permit
providing
for,
allocation
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
of
CAIR
NOX
Ozone
Season
allowances
under
§
97.388(
c).

§
97.387
Change
in
regulatory
status.

(
a)
Notification.
If
a
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304,
then
the
CAIR
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
474
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.

(
1)
If
a
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304,
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
§
97.323
as
of
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304.

(
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
§
97.304,

CAIR
NOX
Ozone
Season
allowances
equal
in
amount
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
§
97.388
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
§
97.304;
and
(
B)
If
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304
is
not
December
31,
the
CAIR
NOX
Ozone
Season
allowances
allocated
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
under
§
97.388
for
the
control
period
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
475
that
includes
the
date
on
which
the
CAIR
NOX
Ozone
Season
opt­
in
unit
becomes
a
CAIR
NOX
Ozone
Season
unit
under
§
97.304,

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
§
97.304
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
§
97.304
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
§
97.304,
the
CAIR
NOX
Ozone
Season
opt­
in
unit
will
be
treated,
solely
for
purposes
of
CAIR
NOX
Ozone
Season
allowance
allocations
under
§
97.342,
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
§
97.304
and
will
be
allocated
CAIR
NOX
Ozone
Season
allowances
under
§
97.342.

(
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
§
97.304
is
not
January
1,
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
476
following
amount
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
§
97.342
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
§
97.304:

(
A)
The
amount
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
§
97.342
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
§
97.304,
divided
by
the
total
number
of
days
in
the
control
period;
and
(
C)
Rounded
to
the
nearest
whole
allowance
as
appropriate.

§
97.388
CAIR
NOX
Ozone
Season
allowance
allocations
to
CAIR
NOX
Ozone
Season
opt­
in
units.

(
a)
Timing
requirements.
(
1)
When
the
CAIR
opt­
in
permit
is
issued
under
§
97.384(
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
§
97.384(
g),
in
accordance
with
paragraph
(
b)
or
(
c)
of
this
section.

(
2)
By
no
later
than
October
31
of
the
control
period
in
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
477
which
a
CAIR
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
97.384(
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
that
includes
such
submission
deadline
and
in
which
the
unit
is
a
CAIR
NOX
Ozone
Season
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
will
allocate
in
accordance
with
the
following
procedures,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
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
§
97.384(
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
the
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
478
under
§
97.384(
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
Ozone
Season
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
97.384(
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
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
§
§
97.384(
h)
and
97.386(
g)),
the
permitting
authority
will
allocate
to
the
CAIR
NOX
Ozone
Season
opt­
in
unit
as
follows,
if
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
479
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:

(
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
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
97.384(
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
§
97.384(
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
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
480
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)
0.15
lb/
mmBtu;

(
B)
The
CAIR
NOX
Ozone
Season
opt­
in
unit's
baseline
NOX
emissions
rate
(
in
lb/
mmBtu)
determined
under
§
97.384(
d);
or
(
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.
If
provided
in
a
State
implementation
plan
revision
submitted
in
accordance
with
§
51.123(
ee)(
3)(
i),
(
ii),
or
(
iii)
of
this
chapter
and
approved
by
the
Administrator:
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
481
(
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
December
1
of
the
control
period
in
which
a
CAIR
NOX
Ozone
Season
opt­
in
unit
enters
the
CAIR
NOX
Ozone
Season
Trading
Program
under
§
97.384(
g)
and
December
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.

APPENDIX
A
TO
SUBPART
IIII
OF
PART
97
 
­
STATES
WITH
APPROVED
STATE
IMPLEMENTATION
PLAN
REVISIONS
CONCERNING
CAIR
NOX
OZONE
SEASON
OPTIN
UNITS
1.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
ee)(
3)
of
this
chapter
approved
by
the
Administrator
and
establishing
procedures
providing
for
CAIR
NOX
Ozone
Season
opt­
in
units
under
subpart
IIII
of
this
part
and
allocation
of
CAIR
NOX
Ozone
Season
allowances
to
such
units
under
§
97.388(
b):

2.
The
following
States
have
State
Implementation
Plan
revisions
under
§
51.123(
ee)(
3)
of
this
chapter
approved
by
the
7/
29/
05
Draft
­
Do
Not
Quote
or
Cite
482
Administrator
and
establishing
procedures
providing
for
CAIR
NOX
Ozone
Season
opt­
in
units
under
subpart
IIII
of
this
part
and
allocation
of
CAIR
NOX
Ozone
Season
allowances
to
such
units
under
§
97.388(
c):
