	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52 

	[EPA-R03-OAR-2007-0381; FRL-        ] 

Approval and Promulgation of Air Quality Implementation Plans; Virginia;

Clean Air Interstate Rule Budget Trading Programs

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

SUMMARY:  EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Virginia.  This revision establishes
budget trading programs for nitrogen oxides (NOx) annual, NOx ozone
season, and sulfur dioxides (SO2) annual emissions to address the
requirements of EPA’s Clean Air Interstate Rule (CAIR).  Virginia will
meet its CAIR requirements by participating in the EPA-administered
regional cap-and-trade program for NOx annual, NOx ozone season, and SO2
annual emissions.  EPA is determining that the SIP revision fully
implements the CAIR requirements for Virginia.  Therefore, as a
consequence of the SIP approval, EPA will also withdraw the CAIR Federal
Implementation Plan (FIP) that address NOx annual, NOx ozone season, and
SO2 annual emissions in Virginia.    

EFFECTIVE DATE:  The final rule is effective on [Insert date of
publication].

ADDRESSES:EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2007-0381.  All documents in the electronic docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute.  Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form.  Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Marilyn Powers, (215) 814-2308 or by  
      e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION:  

I.  Background

On March 30, 2007, and supplemented on April 30, 2007 and June 11, 2007,
the Virginia Department of Environmental Quality (VADEQ) submitted a
CAIR SIP revision to meet the requirements of CAIR, which was
promulgated on May 12, 2005 (70 FR 25162), and subsequently revised on
April 28, 2006, and December 13, 2006.  The SIP revision is comprised of
new regulations under 9 VAC 5 Chapter 140 of the Virginia Code as
follows:  Part II - NOx Annual Trading Program; Part III – NOx Ozone
Season Trading Program; and Part IV – SO2 Annual Trading Program.  The
regulations address all the requirements of the part 96 model rules set
forth in the May 12, 2005 CAIR rulemaking.

On September 25, 2007 (72 FR 54385), EPA published a notice of proposed
rulemaking (NPR) to approve Virginia’s CAIR SIP revision.  A detailed
discussion of the CAIR requirements, Virginia’s CAIR submittal, and
EPA’s rationale for approval of Virginia’s CAIR SIP revision may be
found in the NPR and will not be repeated here.  On October 24, 2007,
EPA received adverse comments from the State of Connecticut Department
of Environmental Protection.  

II.  Public Comments and EPA Responses

Comment:  On October 24, 2007, the Connecticut Department of
Environmental Protection (CTDEP) submitted adverse comments on EPA’s
proposed approval of Virginia’s CAIR SIP revision.  CTDEP encourages
EPA to approve state programs adopted to meet the emission reduction
requirements of CAIR.  However, it argues that before approving state
CAIR plans, EPA should evaluate individually and in the aggregate each
state’s clean air programs.  They argue such evaluation is necessary
to ensure that each state’s emissions do not significantly contribute
to downwind nonattainment.  CTDEP asserts its belief that the CAIR
program does not ensure that the CAA section 110(a)(2)(D)(i)
requirements to prohibit transported emissions that significantly
contribute to nonattainment in Connecticut and other states will be met.
 CTDEP expresses concern that EPA is determining through this and other
similar rulemakings that CAIR programs are sufficient to meet States’
section 110(a)(2)(D)(i) obligations.  CTDEP asserts, based on EPA and
State modeling for CAIR, that the levels of transported pollution
remaining after CAIR implementation are large enough that, even with
local controls, it may be difficult for Connecticut to attain the 8-hour
ozone NAAQS by 2010.  Finally, CTDEP questions EPA’s determination
that highly cost effective controls are adequate to address States’
section 110(a)(2)(D)(i) obligations as compared to “reasonable cost”
controls that could be achieved to effect more stringent NOx reductions.

Response:  EPA does not agree that it is appropriate or necessary for
EPA to conduct additional analysis before approving Virginia’s CAIR
SIP revision.  In the CAIR rulemaking promulgated on May 12, 2005 (70 FR
25162), EPA established model rules for multi-State cap and trade
programs for annual NOx, ozone season NOx, and annual SO2 that States
may choose to adopt to meet the required emissions reductions in a
flexible and cost-effective manner.  EPA requires States that wish to
participate in the EPA-administered cap and trade program to use the
model rule (with only limited flexibility to modify specific provisions)
to ensure that all participating sources, regardless of which State in
the CAIR region they are located, are subject to the same trading and
allowance holding requirements.  Virginia has chosen to participate in
the cap and trade program administered by EPA and has chosen to adopt
the model rules with modifications allowed by flexibilities in the model
rule.  EPA has evaluated Virginia’s SIP revision and determined that
Virginia is meeting its CAIR requirements.  CTDEP does not challenge
this determination.  Thus, CTDEP’s comments do not specifically
pertain to any aspect of EPA’s proposed action to approve the Virginia
CAIR SIP revision.  Rather, the comments appear to be directed broadly
at EPA’s decisions with regard to States’ section 110(a)(2)(D)(i)
obligations.  These decisions were made by EPA in the context of the
CAIR rulemaking, not in the proposed action to approve Virginia’s CAIR
SIP revision.  Therefore, CTDEP’s comments are not relevant to the
proposed action.   CTDEP had ample opportunity to submit comments both
during the comment period for the proposed CAIR rulemaking of January
30, 2004 (70 FR 49708) and during the comment period for the proposed
CAIR FIP of August 24, 2005 (70 FR 49708).  EPA’s proposal to approve
Virginia’s CAIR SIP did not reopen either the CAIR or CAIR FIP
rulemakings.  Consequently, CTDEP’s comments are not relevant to this
rulemaking, or timely with respect to the CAIR and CAIR FIP rulemakings.
 Thus, EPA does not believe it is necessary to conduct additional
analysis on whether Virginia or any other state satisfies the
requirements of 110(a)(2)(D)(i)  before approving Virginia’s CAIR SIP
submission.

III.  Information Pertaining to SIP Submittals from the Commonwealth of
Virginia 

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) (privilege(' for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to documents
or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law,Va.
Code Sec. 10.1-1198,  precludes granting a privilege to documents and
information (required by law,( including documents and information
(required by Federal law to maintain program delegation, authorization
or approval,( since Virginia must (enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .(   The opinion concludes that ([r]egarding (
10.1-1198, therefore, documents or other information needed for civil or
criminal enforcement under one of these programs could not be privileged
because such documents and information are  essential to pursuing
enforcement in a manner required by Federal law to maintain program
delegation, authorization or approval.(   

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ([t]o
the extent consistent with requirements imposed by Federal law,(  any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since (no immunity could be afforded
from administrative, civil, or criminal penalties because granting such
immunity would not be consistent with Federal law, which is one of the
criteria for immunity.(   

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its program
consistent with the Federal requirements.  In any event, because EPA has
also determined that a state audit privilege and immunity law can affect
only state enforcement and cannot have any impact on Federal enforcement
authorities, EPA may at any time invoke its authority under the CAA,
including, for example, sections 113, 167, 205, 211 or 213, to enforce
the requirements or prohibitions of the state plan, independently of any
state enforcement effort.  In addition, citizen enforcement under
section 304 of the CAA is likewise unaffected by this, or any, state
audit privilege or immunity law.

IV.  Final Action 

EPA is approving Virginia’s CAIR SIP revision submitted on March 30,
2007, and supplemented on April 30, 2007 and June 11, 2007.   Under the
SIP revision, Virginia will participate in the EPA-administered
cap-and-trade programs for NOx annual, NOx ozone season, and SO2 annual
emissions.  The SIP revision meets the applicable requirements in 40 CFR
51.123(o) and (aa), with regard to NOX annual and NOX ozone season
emissions, and 40 CFR 51.124(o), with regard to SO2 emissions.  As a
consequence of the SIP approval, the Administrator of EPA will issue,
without providing an opportunity for a public hearing or an additional
opportunity for written public comment, a final rule to withdraw the
CAIR FIPs for SO2, NOx annual, and NOx ozone season emissions for
Virginia.

V. Effective Date

EPA finds that there is good cause for this approval to become effective
on the date of publication because a delayed effective date is
unnecessary due to the nature of the approval, which allows the
Commonwealth to make allocations under its CAIR rules. The expedited
effective date for this action is authorized under both 5 U.S.C.
553(d)(1), which provides that rule actions may become effective less
than 30 days after publication if the rule ``grants or recognizes an
exemption or relieves a restriction'' and section 5 U.S.C. 553(d)(3),
which allows an effective date less than 30 days after publication ``as
otherwise provided by the agency for good cause found and published with
the rule.''

CAIR SIP approvals relieve states and CAIR sources within states from
being subject to allowance allocation provisions in the CAIR FIPs that
otherwise would apply to them, allowing States to make their own
allowance allocations based on their SIP-approved State rule. The

relief from these obligations is sufficient reason to allow an expedited
effective date of this rule under 5 U.S.C. 553(d)(1).  

VI.  Statutory and Executive Order Reviews 

A.   General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action
is not a "significant regulatory action" and therefore is not subject to
review by the Office of Management and Budget.  For this reason, this
action is also not subject to Executive Order 13211, "Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use" (66 FR 28355, May 22, 2001).  This action merely approves state law
as meeting Federal requirements and imposes no additional requirements
beyond those imposed by state law.  Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).  Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).   This rule also does not have tribal implications
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).  This action also
does not have Federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).  This
action merely approves a state rule implementing a Federal requirement,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act.  This rule also is
not subject to Executive Order 13045 (Protection of Children from
Environmental Health Risks and Safety Risks( (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal standard.


In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.   EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  This rule is not a
(major rule( as defined by 5 U.S.C. 804(2).

C.  Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by [insert date 60 days from date of
publication of this document in the Federal Register].  Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.  

This action to approve Virginia’s CAIR SIP revision may not be
challenged later in proceedings to enforce its requirements.  (See
section 307(b)(2).)

List of Subjects 

40 CFR Part 52 

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

__December 13, 2007_____		                       
_____________/s/________________

Dated:                                				Donald S. Welsh,

                                      				Regional Administrator,

                                      				Region III.

40 CFR Part 52 is amended as follows: 

PART 52 - [AMENDED] 

1.  The authority citation for 40 CFR part 52 continues to read as
follows: 

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

Subpart VV ( Virginia

2.  In ( 52.2420, the table in paragraph (c) is amended by adding the
entries for Chapter 140, Sections 1010 through 3880 to read as follows:

( 52.2420  	Identification of plan.

*	*	*	*	*	

(c) * * * 

	EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation     (9 VAC 5)	

Title/subject	

State effective date	

EPA approval date	

Explanation [former SIP citation]



*     *     *     *     *    *     *

Chapter 140	Regulation for Emissions Trading

*     *     *     *     *    *     *



Part II	

NOx Annual Trading Program



Article 1	CAIR NOx Annual Trading Program General Provisions.

5-140-1010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-1030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1050	Retired Unit Exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-designated Representative for CAIR NOx Sources.

5-140-1100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-1200	General CAIR NOx Annual Trading Program permit requirements.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-1220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR NOx Allowance Allocations.

5-140-1400	CAIR NOx Annual trading budgets.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	

5-140-1410	Timing requirements for CAIR NOx allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1420	CAIR NOx allowance allocations.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1430	Compliance supplement pool.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 6	CAIR NOx Allowance Tracking System

5-140-1510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1530	Recordation of CAIR NOx allowance allocations.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1540	Compliance with CAIR NOx emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR NOx Allowance Transfers.

5-140-1600

	Submission of CAIR NOx allowance transfers.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-1700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-1720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR NOx Opt-in Units.

5-140-1800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-1820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-1850	CAIR opt-in permit content.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-1860	Withdrawal from CAIR NOx Annual Trading Program.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-1870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-1880	CAIR NOx allowance allocations to CAIR NOx opt-in units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Part III	NOx Ozone Season Trading Program

Article 1	CAIR NOx Ozone Season Trading Program General Provisions.

5-140-2010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-2030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2050	Retired unit exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-Designated Representative for CAIR NOx Ozone Season
Sources.

5-140-2100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-2200	General CAIR NOx Ozone Season Trading Program permit
requirements.	4/18/07	[Insert Federal Register publication date] [Insert
page number where the document begins]

	5-140-2210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR NOx Ozone Season Allowance Allocations

5-140-2400	CAIR NOx Ozone Season trading budgets.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2405	State trading budgets for nonelectric generating units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	

5-140-2410	Timing requirements for CAIR NOx Ozone Season allowance
allocations.	4/18/07	[Insert Federal Register publication date] [Insert
page number where the document begins]

	5-140-2420	CAIR NOx Ozone Season allowance allocations.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-2430	CAIR NOx Ozone Season allowance allocations for individual
existing nonelectric generating units.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 6	CAIR NOx Ozone Season Allowance Tracking System.

5-140-2510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2530	Recordation of CAIR NOx  Ozone Season allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2540	Compliance with CAIR NOx emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR NOx Ozone Season Allowance Transfers.

5-140-2600

	Submission of CAIR NOx  Ozone Season allowance transfers.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-2610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-2700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-2730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR NOx Ozone Season Opt-in Units.

5-140-2800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-2820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-2850	CAIR opt-in permit contents.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2860	Withdrawal from CAIR NOx Ozone Season Trading Program.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-2870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-2880	CAIR NOx Ozone Season allowance allocations to CAIR NOx
Ozone Season opt-in units.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Part IV	SO2 Annual Trading Program

Article 1	CAIR SO2 Trading Program General Provisions.

5-140-3010	Purpose.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3020	Definitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]	Except for
definition of “Nonattainment condition”

5-140-3030	Measurements, abbreviations, and acronyms.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3040	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3050	Retired Unit Exemption.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3060	Standard requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3070	Computation of time.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3080	Appeal procedures.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 2	CAIR-designated Representative for CAIR SO2 Sources.

5-140-3100	Authorization and responsibilities of CAIR-designated
representative.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3110	Alternate CAIR-designated representative.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3120	Changing CAIR-designated representative and alternate
CAIR-designated representative; changes in owners and operators.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3130	Certificate of representation.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3140	Objections concerning CAIR-designated representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3150	Delegation by CAIR-designated representative and alternate
CAIR-designated representative.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 3	Permits.

5-140-3200	General CAIR SO2 Trading Program permit requirements.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3210	Submission of CAIR permit applications.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3220	Information requirements for CAIR permit applications.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3230	CAIR permit contents and term.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3240	CAIR permit revisions.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	Article 5	CAIR SO2 Allowance Allocations.

5-140-3400	State trading budgets.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	

5-140-3410	Timing requirements for CAIR SO2 allowance allocations.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3420	CAIR SO2 allowance allocations.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 6	CAIR SO2 Allowance Tracking System.

5-140-3510	Establishment of accounts.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3520	Responsibilities of CAIR-authorized account representative.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3530	Recordation of CAIR SO2 allowances.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3540	Compliance with CAIR SO2 emissions limitation.	4/18/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	5-140-3550	Banking.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3560	Account error.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3570	Closing of general accounts.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	Article 7	CAIR SO2 Allowance Transfers.

5-140-3600

	Submission of CAIR SO2 allowance transfers.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3610	EPA recordation.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3620	Notification.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 8	Monitoring and Reporting.

5-140-3700	General requirements.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3710	Initial certification and recertification procedures.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

	5-140-3720	Out of control periods.	4/18/07	[Insert Federal Register
publication date] [Insert page number where the document begins]

	5-140-3730	Notifications.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3740	Recordkeeping and reporting.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3750	Petitions.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	Article 9	CAIR SO2 Opt-in Units.

5-140-3800	Applicability.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3810	General.	4/18/07	[Insert Federal Register publication date]
[Insert page number where the document begins]

	5-140-3820	CAIR-designated representative.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3830	Applying for CAIR opt-in permit.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3840	Opt-in process.	4/18/07	[Insert Federal Register publication
date] [Insert page number where the document begins]

	5-140-3850	CAIR opt-in permit contents.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3860	Withdrawal from CAIR SO2 Trading Program.	4/18/07	[Insert
Federal Register publication date] [Insert page number where the
document begins]

	5-140-3870	Change in regulatory status.	4/18/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	5-140-3880	CAIR SO2 allowance allocations to CAIR SO2 opt-in units.
4/18/07	[Insert Federal Register publication date] [Insert page number
where the document begins]

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