(C) The Administrator will allocate to each general account an
amount of CSAPR NOX Ozone Season Group 3 allowances computed
as the product, rounded to the nearest allowance, of such account's
maximum share under paragraph (d)(1)(iii)(A) of this section multiplied
by the general account allocation scaling factor determined under
paragraph (d)(1)(iii)(B) of this section.
    (iv) For the compliance account of each source, and for each
general account, to which an amount of CSAPR NOX Ozone
Season Group 3 allowances greater than zero is allocated under
paragraph (d)(1)(ii)(C) or (d)(1)(iii)(C) of this section,
respectively:
    (A) The Administrator will determine the amount of CSAPR
NOX Ozone Season Group 2 allowances required to be deducted
from the account, computed as the product of the amount of CSAPR
NOX Ozone Season Group 3 allowances allocated to the source
or general account under paragraph (d)(1)(ii)(C) or (d)(1)(iii)(C) of
this section multiplied by the conversion factor determined under
paragraph (d)(1)(i)(D) of this section. The Administrator will deduct
CSAPR NOX Ozone Season Group 2 allowances allocated for
control periods before 2021 from the account on a first-in, first-out
basis in the order set forth in Sec.  97.824(c)(2)(i) and (ii).
    (B) The Administrator will record in the account the allocations of
CSAPR NOX Ozone Season Group 3 allowances under paragraph
(d)(1)(ii)(C) or (d)(1)(iii)(C) of this section and the deductions of
CSAPR NOX Ozone Season Group 2 allowances under paragraph
(d)(1)(iv)(A) of this section.
    (2)(i) During the period beginning February 1, 2022 and ending
February 28, 2022, the designated representative for a source in a
State listed in Sec.  52.38(b)(2)(v) of this chapter (or Indian country
within the borders of such a State) may request that the Administrator
allocate additional CSAPR NOX Ozone Season Group 3
allowances for the control period in 2021 to the source pursuant to
paragraph (d)(2)(ii) of this section. Any such request shall be
submitted to the Administrator electronically at the email address
<EMAIL_ADDRESS>    (ii) For each source covered by a request under paragraph (d)(2)(i)
of this section, as soon as practicable on or after March 1, 2022, the
Administrator will deduct from the source's compliance account, on a
first-in, first-out basis in the order set forth in Sec.
97.824(c)(2)(i) and (ii), the maximum number of sets of 18 CSAPR
NOX Ozone Season Group 2 allowances allocated for control
periods before 2021 available in the compliance account. The
Administrator will then allocate to the source one CSAPR NOX
Ozone Season Group 3 allowance for the control period in 2021 for each
set of 18 CSAPR NOX Ozone Season Group 2 allowances
deducted. The Administrator will record the allocations and deductions
under this paragraph in the source's compliance account.
    (3) After the Administrator has carried out the procedures set
forth in paragraph (d)(1) of this section, upon any determination that
would otherwise result in the initial recordation of a given number of
CSAPR NOX Ozone Season Group 2 allowances in the compliance
account for a source in a State listed in Sec.  52.38(b)(2)(v) of this
chapter (or Indian country within the borders of such a State), the
Administrator will not record such CSAPR NOX Ozone Season
Group 2 allowances but instead will allocate and record in such account
an amount of CSAPR NOX Ozone Season Group 3 allowances for
the control period in 2021 computed as the quotient, rounded up to the
nearest allowance, of such given number of CSAPR NOX Ozone
Season Group 2 allowances divided by the conversion factor determined
under paragraph (d)(1)(i)(D) of this section.
    (e) Notwithstanding any other provision of this subpart or any SIP
revision approved under Sec.  52.38(b)(8) or (9) of this chapter, CSAPR
NOX Ozone Season Group 3 allowances may be used to satisfy
requirements to hold CSAPR NOX Ozone Season Group 2
allowances under this subpart as follows, provided that nothing in this
paragraph alters the time as of which any such allowance holding
requirement must be met or limits any consequence of a failure to
timely meet any such allowance holding requirement:
    (1) Except as provided in paragraph (e)(2) of this section, after
the

Administrator has carried out the procedures set forth in paragraph
(d)(1) of this section, the owner or operator of a CSAPR NOX
Ozone Season Group 2 source in a State listed in Sec.  52.38(b)(2)(iv)
of this chapter (or Indian country within the borders of such a State)
may satisfy a requirement to hold a given number of CSAPR
NOX Ozone Season Group 2 allowances for the control period
in a year from 2017 through 2020 by holding instead, in a general
account established for this sole purpose, an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2021 (or any later control period for which the allowance transfer
deadline defined in Sec.  97.1002 has passed) computed as the quotient,
rounded up to the nearest allowance, of such given number of CSAPR
NOX Ozone Season Group 2 allowances divided by the
conversion factor determined under paragraph (d)(1)(i)(D) of this
section.
    (2) CSAPR NOX Ozone Season Group 3 allowances may not be
used to satisfy requirements to surrender CSAPR NOX Ozone
Season Group 2 allowances under Sec.  97.811(d).

Sec.  97.831  [Amended]

0
103. In Sec.  97.831, amend paragraph (d)(3) introductory text by
removing in the last sentence the word ``with''.

Subpart FFFFF--Texas SO2 Trading Program

0
104. Amend Sec.  97.902 by:
0
a. Revising the definition of ``Allowance transfer deadline'';
0
b. In the definition of ``Common designated representative'', removing
``April'' and adding in its place ``July'';
0
c. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(7) through (9), (13), (14), and (16)'', and removing ``Sec.
52.38(b)(6) or (9)'' and adding in its place ``Sec.  52.38(b)(9)''; and
0
d. Adding in alphabetical order a definition for ``Nitrogen oxides''.
    The revision and additions read as follows:

Sec.  97.902  Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2021, midnight of March 1 immediately after such control period or, for
a control period in 2021 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a Texas SO2 Trading Program allowance
transfer must be submitted for recordation in a Texas SO2
Trading Program source's compliance account in order to be available
for use in complying with the source's Texas SO2 Trading
Program emissions limitation for such control period in accordance with
Sec. Sec.  97.906 and 97.924.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.905  [Amended]

0
105. In Sec.  97.905, amend paragraph (b) by removing the paragraph
heading.

0
106. Amend Sec.  97.911 by:
0
a. Adding a paragraph heading to paragraph (a); and
0
b. In Table 1 to paragraph (a)(1), revising the column headings and the
table entries for ``Big Brown Unit 1'', ``Big Brown Unit 2'', ``Coleto
Creek Unit 1'', Graham Unit 2'', Martin Lake Unit 1'', Martin Lake Unit
2'', Martin Lake Unit 3'', Monticello Unit 1'', ``Monticello Unit 2'',
``Monticello Unit 3'', ``Sandow Unit 4'', and ``Stryker Unit ST2''.
    The addition reads as follows:

Sec.  97.911  Texas SO2 Trading Program allowance allocations.

    (a) Allocations from the Texas SO2 Trading Program
budget. * * *
* * * * *

                       Table 1 to Paragraph (a)(1)--Texas SO2 Trading Program Allocations
----------------------------------------------------------------------------------------------------------------
                                                                Texas SO2
                                                                 trading
      Texas SO2 trading program units           ORIS code        program         Affiliated  ownership  group
                                                               allocation
                                                                 (tons)
----------------------------------------------------------------------------------------------------------------
Big Brown Unit 1...........................            3497           8,473  Vistra.
Big Brown Unit 2...........................            3497           8,559  Vistra.
Coleto Creek Unit 1........................            6178           9,057  Vistra.

                                                  * * * * * * *
Graham Unit 2..............................            3490             226  Vistra.

                                                  * * * * * * *
Martin Lake Unit 1.........................            6146          12,024  Vistra.
Martin Lake Unit 2.........................            6146          11,580  Vistra.
Martin Lake Unit 3.........................            6146          12,236  Vistra.
Monticello Unit 1..........................            6147           8,598  Vistra.
Monticello Unit 2..........................            6147           8,795  Vistra.
Monticello Unit 3..........................            6147          12,216  Vistra.

                                                  * * * * * * *
Sandow Unit 4..............................            6648           8,370  Vistra.

                                                  * * * * * * *
Stryker Unit ST2...........................            3504             145  Vistra.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  97.912  [Amended]

0
107. Amend Sec.  97.912 by:
0
a. In paragraph (a)(3)(i), removing ``paragraph (b)'' and adding in its
place ``paragraph (d)''; and
0
b. In paragraph (b)(2), removing ``February 15, 2022 and each
subsequent February 15,'' and adding in its place ``May 1, 2022 and May
1 of each year thereafter,''.

Sec.  97.920  [Amended]

0
108. Amend Sec.  97.920 by:
0
a. In paragraph (c)(1)(ii)(D), adding ``; and'' after the closing
quotation mark; and
0
b. In paragraph (d), removing ``paragraphs (a), (b), and (c)'' and
adding in its place ``paragraph (a), (b), or (c)''.

0
109. Amend Sec.  97.921 by:
0
a. Redesignating paragraph (b) as paragraph (b)(1) and in the newly
redesignated paragraph, removing ``By July 1, 2019,'' and adding in its
place ``By July 1, 2019 and July 1, 2020,'';
0
b. Adding paragraph (b)(2); and
0
c. In paragraph (c), removing ``By February 15, 2020 and February 15''
and adding in its place ``By February 15 of 2020 and 2021 and May 1'',
and removing ``control period in the year'' and adding in its place
``control period in the year before the year''.
    The addition reads as follows:

Sec.  97.921  Recordation of Texas SO2 Trading Program allowance
allocations.

* * * * *
    (b) * * *
    (2) By July 1, 2022 and July 1 of each year thereafter, the
Administrator will record in each Texas SO2 Trading Program
source's compliance account the Texas SO2 Trading Program
allowances allocated to the Texas SO2 Trading Program units
at the source in accordance with Sec.  97.911(a) for the control period
in the third year after the year of the applicable recordation deadline
under this paragraph, unless provided otherwise in the Administrator's
approval of a SIP revision replacing the provisions of this subpart.
* * * * *

0
110. Amend Sec.  97.924 by adding a paragraph heading to paragraph (c)
and revising paragraph (c)(1) to read as follows:

Sec.  97.924  Compliance with Texas SO2 Trading Program emissions
limitations.

* * * * *
    (c) Selection of Texas SO2 Trading Program allowances for
deduction--(1) Identification by serial number. The designated
representative for a source may request that specific Texas
SO2 Trading Program allowances, identified by serial number,
in the source's compliance account be deducted for emissions or excess
emissions for a control period in a given year in accordance with
paragraph (b) or (d) of this section. In order to be complete, such
request shall be submitted to the Administrator by the allowance
transfer deadline for such control period and include, in a format
prescribed by the Administrator, the identification of the Texas
SO2 Trading Program source and the appropriate serial
numbers.
* * * * *

0
111. Amend Sec.  97.925 by:
0
a. In paragraph (b)(1) introductory text, removing ``June'' and adding
in its place ``August'' each time it appears;
0
b. In paragraph (b)(1)(i), removing ``Sec.  97.906(c)(2)(iii).'' and
adding in its place ``Sec.  97.906(c)(2)(iii); and'';
0
c. Adding paragraph (b)(1)(ii);
0
d. Removing paragraphs (b)(2) introductory text and (b)(2)(i) and (ii)
and redesignating paragraphs (b)(2)(iii) introductory text and
(b)(2)(iii)(A) and (B) as paragraphs (b)(2) introductory text and
(b)(2)(i) and (ii), respectively;
0
e. In newly redesignated paragraph (b)(2) introductory text, removing
``the notice'' and adding in its place ``each notice'', and removing
``(b)(2)(ii)'' and adding in its place ``(b)(1)(ii)'';
0
f. In newly redesignated paragraph (b)(2)(i), removing ``the notice
required under paragraph (b)(2)(ii) of this section'' and adding in its
place ``such notice'';
0
g. In newly redesignated paragraph (b)(2)(ii), removing
``(b)(2)(iii)(A)'' and adding in its place ``(b)(2)(i)'' each time it
appears, and adding ``results of the'' before ``calculations
incorporating any adjustments'';
0
h. In paragraph (b)(3), removing ``the notice'' and adding in its place
``each notice'', and removing ``(b)(2)(iii)(B)'' and adding in its
place ``(b)(2)(ii)''; and
0
i. In paragraphs (b)(4)(i), (b)(5), (b)(6) introductory text, and
(b)(6)(i), removing ``(b)(2)(iii)(B)'' and adding in its place
``(b)(2)(ii)'' each time it appears.
    The addition reads as follows:

Sec.  97.925  Compliance with Texas SO2 Trading Program assurance
provisions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) If the results of the calculations required in paragraph
(b)(1)(i) of this section indicate that total SO2 emissions
exceed the State assurance level for such control period--
    (A) Calculate, for such control period and each common designated
representative for such control period for a group of one or more Texas
SO2 Trading Program sources and units, the common designated
representative's share of the total SO2 emissions from all
Texas SO2 Trading Program units at Texas SO2
Trading Program sources, the common designated representative's
assurance level, and the amount (if any) of Texas SO2
Trading Program allowances that the owners and operators of such group
of sources and units must hold in accordance with the calculation
formula in Sec.  97.906(c)(2)(i); and
    (B) Promulgate a notice of data availability of the results of the
calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this
section, including separate calculations of the SO2
emissions from each Texas SO2 Trading Program source.
* * * * *

Sec.  97.932  [Amended]

0
112. In Sec.  97.932, amend paragraph (a) by removing ``subpart D or
appendix D to part 75'' and adding in its place ``subpart D of, or
appendix D to, part 75''.

0
113. Add subpart GGGGG, consisting of Sec. Sec.  97.1001 through
97.1035, to read as follows:
Subpart GGGGG--CSAPR NOX Ozone Season Group 3 Trading Program
Sec.
97.1001 Purpose.
97.1002 Definitions.
97.1003 Measurements, abbreviations, and acronyms.
97.1004 Applicability.
97.1005 Retired unit exemption.
97.1006 Standard requirements.
97.1007 Computation of time.
97.1008 Administrative appeal procedures.
97.1009 [Reserved]
97.1010 State NOX Ozone Season Group 3 trading budgets,
new unit set-asides, Indian country new unit set-asides, and
variability limits.
97.1011 Timing requirements for CSAPR NOX Ozone Season
Group 3 allowance allocations.
97.1012 CSAPR NOX Ozone Season Group 3 allowance
allocations to new units.
97.1013 Authorization of designated representative and alternate
designated representative.
97.1014 Responsibilities of designated representative and alternate
designated representative.
97.1015 Changing designated representative and alternate designated
representative; changes in owners and operators; changes in units at
the source.
97.1016 Certificate of representation.
97.1017 Objections concerning designated representative and
alternate designated representative.
97.1018 Delegation by designated representative and alternate
designated representative.

97.1019 [Reserved]
97.1020 Establishment of compliance accounts, assurance accounts,
and general accounts.
97.1021 Recordation of CSAPR NOX Ozone Season Group 3
allowance allocations and auction results.
97.1022 Submission of CSAPR NOX Ozone Season Group 3
allowance transfers.
97.1023 Recordation of CSAPR NOX Ozone Season Group 3
allowance transfers.
97.1024 Compliance with CSAPR NOX Ozone Season Group 3
emissions limitation.
97.1025 Compliance with CSAPR NOX Ozone Season Group 3
assurance provisions.
97.1026 Banking.
97.1027 Account error.
97.1028 Administrator's action on submissions.
97.1029 [Reserved]
97.1030 General monitoring, recordkeeping, and reporting
requirements.
97.1031 Initial monitoring system certification and recertification
procedures.
97.1032 Monitoring system out-of-control periods.
97.1033 Notifications concerning monitoring.
97.1034 Recordkeeping and reporting.
97.1035 Petitions for alternatives to monitoring, recordkeeping, or
reporting requirements.

Subpart GGGGG--CSAPR NOX Ozone Season Group 3 Trading Program

Sec.  97.1001  Purpose.

    This subpart sets forth the general, designated representative,
allowance, and monitoring provisions for the Cross-State Air Pollution
Rule (CSAPR) NOX Ozone Season Group 3 Trading Program, under
section 110 of the Clean Air Act and Sec.  52.38 of this chapter, as a
means of mitigating interstate transport of ozone and nitrogen oxides.

Sec.  97.1002  Definitions.

    The terms used in this subpart shall have the meanings set forth in
this section as follows, provided that any term that includes the
acronym ``CSAPR'' shall be considered synonymous with a term that is
used in a SIP revision approved by the Administrator under Sec.  52.38
or Sec.  52.39 of this chapter and that is substantively identical
except for the inclusion of the acronym ``TR'' in place of the acronym
``CSAPR'':
    Acid Rain Program means a multi-state SO2 and
NOX air pollution control and emission reduction program
established by the Administrator under title IV of the Clean Air Act
and parts 72 through 78 of this chapter.
    Administrator means the Administrator of the United States
Environmental Protection Agency or the Director of the Clean Air
Markets Division (or its successor determined by the Administrator) of
the United States Environmental Protection Agency, the Administrator's
duly authorized representative under this subpart.
    Allocate or allocation means, with regard to CSAPR NOX
Ozone Season Group 3 allowances, the determination by the
Administrator, State, or permitting authority, in accordance with this
subpart, Sec.  97.526(d), Sec.  97.826(d), and any SIP revision
submitted by the State and approved by the Administrator under Sec.
52.38(b)(10), (11), or (12) of this chapter, of the amount of such
CSAPR NOX Ozone Season Group 3 allowances to be initially
credited, at no cost to the recipient, to:
    (1) A CSAPR NOX Ozone Season Group 3 unit;
    (2) A new unit set-aside;
    (3) An Indian country new unit set-aside; or
    (4) An entity not listed in paragraphs (1) through (3) of this
definition;
    (5) Provided that, if the Administrator, State, or permitting
authority initially credits, to a CSAPR NOX Ozone Season
Group 3 unit qualifying for an initial credit, a credit in the amount
of zero CSAPR NOX Ozone Season Group 3 allowances, the CSAPR
NOX Ozone Season Group 3 unit will be treated as being
allocated an amount (i.e., zero) of CSAPR NOX Ozone Season
Group 3 allowances.
    Allowance Management System means the system by which the
Administrator records allocations, auctions, transfers, and deductions
of CSAPR NOX Ozone Season Group 3 allowances under the CSAPR
NOX Ozone Season Group 3 Trading Program. Such allowances
are allocated, auctioned, recorded, held, transferred, or deducted only
as whole allowances.
    Allowance Management System account means an account in the
Allowance Management System established by the Administrator for
purposes of recording the allocation, auction, holding, transfer, or
deduction of CSAPR NOX Ozone Season Group 3 allowances.
    Allowance transfer deadline means, for a control period in a given
year, midnight of June 1 immediately after such control period (or if
such June 1 is not a business day, midnight of the first business day
thereafter) and is the deadline by which a CSAPR NOX Ozone
Season Group 3 allowance transfer must be submitted for recordation in
a CSAPR NOX Ozone Season Group 3 source's compliance account
in order to be available for use in complying with the source's CSAPR
NOX Ozone Season Group 3 emissions limitation for such
control period in accordance with Sec. Sec.  97.1006 and 97.1024.
    Alternate designated representative means, for a CSAPR
NOX Ozone Season Group 3 source and each CSAPR
NOX Ozone Season Group 3 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 this subpart, to act
on behalf of the designated representative in matters pertaining to the
CSAPR NOX Ozone Season Group 3 Trading Program. If the CSAPR
NOX Ozone Season Group 3 source is also subject to the Acid
Rain Program, CSAPR NOX Annual Trading Program, or CSAPR
SO2 Group 1 Trading Program, then this natural person shall
be the same natural person as the alternate designated representative
as defined in the respective program.
    Assurance account means an Allowance Management System account,
established by the Administrator under Sec.  97.1025(b)(3) for certain
owners and operators of a group of one or more base CSAPR
NOX Ozone Season Group 3 sources and units in a given State
(and Indian country within the borders of such State), in which are
held CSAPR NOX Ozone Season Group 3 allowances available for
use for a control period in a given year in complying with the CSAPR
NOX Ozone Season Group 3 assurance provisions in accordance
with Sec. Sec.  97.1006 and 97.1025.
    Auction means, with regard to CSAPR NOX Ozone Season
Group 3 allowances, the sale to any person by a State or permitting
authority, in accordance with a SIP revision submitted by the State and
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter, of such CSAPR NOX Ozone Season Group 3 allowances
to be initially recorded in an Allowance Management System account.
    Authorized account representative means, for a general account, the
natural person who is authorized, in accordance with this subpart, to
transfer and otherwise dispose of CSAPR NOX Ozone Season
Group 3 allowances held in the general account and, for a CSAPR
NOX Ozone Season Group 3 source's compliance account, the
designated representative of the source.
    Automated data acquisition and handling system or DAHS means the
component of the continuous emission monitoring system, or other
emissions monitoring system approved for use under this subpart,
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 this subpart.
    Base CSAPR NOX Ozone Season Group 3 source means a source that
includes one or more base CSAPR NOX Ozone Season Group 3
units.
    Base CSAPR NOX Ozone Season Group 3 unit means a CSAPR
NOX Ozone Season Group 3 unit, provided that any unit that
would not be a CSAPR NOX Ozone Season Group 3 unit under
Sec.  97.1004(a) and (b) is not a base CSAPR NOX Ozone
Season Group 3 unit notwithstanding the provisions of any SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter.
    Biomass means--
    (1) Any organic material grown for the purpose of being converted
to energy;
    (2) Any organic byproduct of agriculture that can be converted into
energy; or
    (3) Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
material that is nonmerchantable for other purposes, and that is:
    (i) A forest-related organic resource, including mill residues,
precommercial thinnings, slash, brush, or byproduct from conversion of
trees to merchantable material; or
    (ii) A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
    Boiler 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 unit means a unit in which the energy input to the
unit is first used to produce useful thermal energy, where at least
some of the reject heat from the useful thermal energy application or
process is then used for electricity production.
    Business day means a day that does not fall on a weekend or a
federal holiday.
    Certifying official means a natural person who is:
    (1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function
or any other person who performs similar policy- or decision-making
functions for the corporation;
    (2) For a partnership or sole proprietorship, a general partner or
the proprietor respectively; or
    (3) For a local government entity or State, federal, or other
public agency, a principal executive officer or ranking elected
official.
    Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
    Coal means ``coal'' as defined in Sec.  72.2 of this chapter.
    Cogeneration system means an integrated group, at a source, of
equipment (including a boiler, or combustion turbine, and a generator)
designed to produce useful thermal energy for industrial, commercial,
heating, or cooling purposes and electricity through the sequential use
of energy.
    Cogeneration unit means a stationary, fossil-fuel-fired boiler or
stationary, fossil-fuel-fired combustion turbine that is a topping-
cycle unit or a bottoming-cycle unit:
    (1) Operating as part of a cogeneration system; and
    (2) Producing on an annual average basis--
    (i) For a topping-cycle unit,
    (A) Useful thermal energy not less than 5 percent of total energy
output; and
    (B) Useful power that, when added to one-half of useful thermal
energy produced, is not less than 42.5 percent of total energy input,
if useful thermal energy produced is 15 percent or more of total energy
output, or not less than 45 percent of total energy input, if useful
thermal energy produced is less than 15 percent of total energy output;
or
    (ii) For a bottoming-cycle unit, useful power not less than 45
percent of total energy input;
    (3) Provided that the requirements in paragraph (2) of this
definition shall not apply to a calendar year referenced in paragraph
(2) of this definition during which the unit did not operate at all;
    (4) Provided that the total energy input under paragraphs (2)(i)(B)
and (2)(ii) of this definition shall equal the unit's total energy
input from all fuel, except biomass if the unit is a boiler; and
    (5) Provided that, if, throughout its operation during the 12-month
period or a calendar year referenced in paragraph (2) of this
definition, a unit is operated as part of a cogeneration system and the
cogeneration system meets on a system-wide basis the requirement in
paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be
deemed to meet such requirement during that 12-month period or calendar
year.
    Combustion turbine means an enclosed device comprising:
    (1) If the device is simple cycle, a compressor, a combustor, and a
turbine and in which the flue gas resulting from the combustion of fuel
in the combustor passes through the turbine, rotating the turbine; and
    (2) If the device is combined cycle, the equipment described in
paragraph (1) of this definition and any associated duct burner, heat
recovery steam generator, and steam turbine.
    Commence commercial operation means, with regard to a unit:
    (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 Sec.  97.1005.
    (i) For a unit that is a CSAPR NOX Ozone Season Group 3
unit under Sec.  97.1004 on the later of January 1, 2005 or the date
the unit commences commercial operation as defined in the introductory
text of paragraph (1) of this definition and that subsequently
undergoes a physical change or is moved to a new location or source,
such date shall remain the date of commencement of commercial operation
of the unit, which shall continue to be treated as the same unit.
    (ii) For a unit that is a CSAPR NOX Ozone Season Group 3
unit under Sec.  97.1004 on the later of January 1, 2005 or the date
the unit commences commercial operation as defined in the introductory
text of paragraph (1) of this definition and that is subsequently
replaced by a unit at the same or a different source, such date shall
remain the replaced unit's date of commencement of commercial
operation, and the replacement unit shall be treated as a separate unit
with a separate date for commencement of commercial operation as
defined in paragraph (1) or (2) of this definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as
provided in Sec.  97.1005, for a unit that is not a CSAPR
NOX Ozone Season Group 3 unit under Sec.  97.1004 on the
later of January 1, 2005 or the date the unit commences commercial
operation as defined in the introductory text of paragraph (1) of this
definition, the unit's date for commencement of commercial operation
shall be the date on which the unit becomes a CSAPR NOX
Ozone Season Group 3 unit under Sec.  97.1004.
    (i) For a unit with a date for commencement of commercial operation
as defined in the introductory text of paragraph (2) of this definition
and that subsequently undergoes a physical change or is moved to a
different location or source, such date shall remain the date of
commencement of commercial operation of the unit,

which shall continue to be treated as the same unit.
    (ii) For a unit with a date for commencement of commercial
operation as defined in the introductory text of paragraph (2) of this
definition and that is subsequently replaced by a unit at the same or a
different source, such date shall remain the replaced unit's date of
commencement of commercial operation, and the replacement unit shall be
treated as a separate unit with a separate date for commencement of
commercial operation as defined in paragraph (1) or (2) of this
definition as appropriate.
    Common designated representative means, with regard to a control
period in a given year, a designated representative where, as of July 1
immediately after the allowance transfer deadline for such control
period, the same natural person is authorized under Sec. Sec.
97.1013(a) and 97.1015(a) as the designated representative for a group
of one or more base CSAPR NOX Ozone Season Group 3 sources
and units in a State (and Indian country within the borders of such
State).
    Common designated representative's assurance level means, with
regard to a specific common designated representative and a State (and
Indian country within the borders of such State) and control period in
a given year for which the State assurance level is exceeded as
described in Sec.  97.1006(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR NOX Ozone Season Group 3
allowances allocated for such control period to the group of one or
more base CSAPR NOX Ozone Season Group 3 units in such State
(and such Indian country) having the common designated representative
for such control period and the total amount of CSAPR NOX
Ozone Season Group 3 allowances purchased by an owner or operator of
such base CSAPR NOX Ozone Season Group 3 units in an auction
for such control period and submitted by the State or the permitting
authority to the Administrator for recordation in the compliance
accounts for such base CSAPR NOX Ozone Season Group 3 units
in accordance with the CSAPR NOX Ozone Season Group 3
allowance auction provisions in a SIP revision approved by the
Administrator under Sec.  52.38(b)(11) or (12) of this chapter,
multiplied by the sum of the State NOX Ozone Season Group 3
trading budget under Sec.  97.1010(a) and the State's variability limit
under Sec.  97.1010(b) for such control period, and divided by the
greater of such State NOX Ozone Season Group 3 trading
budget or the sum of all amounts of CSAPR NOX Ozone Season
Group 3 allowances for such control period allocated to or purchased in
the State's auction for all such base CSAPR NOX Ozone Season
Group 3 units;
    (2) Provided that--
    (i) The allocations of CSAPR NOX Ozone Season Group 3
allowances for any control period taken into account for purposes of
this definition shall exclude any CSAPR NOX Ozone Season
Group 3 allowances allocated for such control period under Sec.
97.526(d) or Sec.  97.826(d); and
    (ii) For purposes of this definition for the control period in 2021
only, for each State the amount of the State NOX Ozone
Season Group 3 trading budget shall be deemed to be increased by the
supplemental amount of CSAPR NOX Ozone Season Group 3
allowances determined for the State under Sec.  97.1010(d) and the
amount of the State's variability limit shall be deemed to be increased
by the product (rounded to the nearest allowance) of 0.21 multiplied by
the supplemental amount of CSAPR NOX Ozone Season Group 3
allowances determined for the State under Sec.  97.1010(d).
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year and a total amount of NOX emissions from all base
CSAPR NOX Ozone Season Group 3 units in a State (and Indian
country within the borders of such State) during such control period,
the total tonnage of NOX emissions during such control
period from the group of one or more base CSAPR NOX Ozone
Season Group 3 units in such State (and such Indian country) having the
common designated representative for such control period.
    Common stack means a single flue through which emissions from 2 or
more units are exhausted.
    Compliance account means an Allowance Management System account,
established by the Administrator for a CSAPR NOX Ozone
Season Group 3 source under this subpart, in which any CSAPR
NOX Ozone Season Group 3 allowance allocations to the CSAPR
NOX Ozone Season Group 3 units at the source are recorded
and in which are held any CSAPR NOX Ozone Season Group 3
allowances available for use for a control period in a given year in
complying with the source's CSAPR NOX Ozone Season Group 3
emissions limitation in accordance with Sec. Sec.  97.1006 and 97.1024.
    Continuous emission monitoring system or CEMS means the equipment
required under this subpart to sample, analyze, measure, and provide,
by means of readings recorded at least once every 15 minutes and using
an automated data acquisition and handling system (DAHS), a permanent
record of NOX emissions, stack gas volumetric flow rate,
stack gas moisture content, and O2 or CO2
concentration (as applicable), in a manner consistent with part 75 of
this chapter and Sec. Sec.  97.1030 through 97.1035. The following
systems are the principal types of continuous emission monitoring
systems:
    (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 NOX 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 NOX 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 Sec.  75.11(b)(2)
of this chapter and providing a permanent, continuous record of the
stack gas moisture content, in percent H2O;
    (5) A CO2 monitoring system, consisting of a
CO2 pollutant concentration monitor (or an O2
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 O2 monitoring system, consisting of an
O2 concentration monitor and an automated data acquisition
and handling system and providing a permanent, continuous record of
O2, in percent O2.
    Control period means the period starting May 1 of a calendar year,
except as provided in Sec.  97.1006(c)(3), and ending on September 30
of the same year, inclusive.
    CSAPR NOX Annual Trading Program means a multi-state NOX
air pollution control and emission reduction program

established in accordance with subpart AAAAA of this part and Sec.
52.38(a) of this chapter (including such a program that is revised in a
SIP revision approved by the Administrator under Sec.  52.38(a)(3) or
(4) of this chapter or that is established in a SIP revision approved
by the Administrator under Sec.  52.38(a)(5) of this chapter), as a
means of mitigating interstate transport of fine particulates and
NOX.
    CSAPR NOX Ozone Season Group 2 allowance means a limited
authorization issued and allocated or auctioned by the Administrator
under subpart EEEEE of this part or Sec.  97.526(d), or by a State or
permitting authority under a SIP revision approved by the Administrator
under Sec.  52.38(b)(7), (8), or (9) of this chapter, to emit one ton
of NOX during a control period of the specified calendar
year for which the authorization is allocated or auctioned or of any
calendar year thereafter under the CSAPR NOX Ozone Season
Group 2 Trading Program.
    CSAPR NOX Ozone Season Group 2 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with subpart EEEEE of this part and Sec.
52.38(b)(1), (b)(2)(iii) and (iv), and (b)(7) through (9), (13), (14),
and (16) of this chapter (including such a program that is revised in a
SIP revision approved by the Administrator under Sec.  52.38(b)(7) or
(8) of this chapter or that is established in a SIP revision approved
by the Administrator under Sec.  52.38(b)(9) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
    CSAPR NOX Ozone Season Group 3 allowance means a limited
authorization issued and allocated or auctioned by the Administrator
under this subpart, Sec.  97.526(d), or Sec.  97.826(d), or by a State
or permitting authority under a SIP revision approved by the
Administrator under Sec.  52.38(b)(10), (11), or (12) of this chapter,
to emit one ton of NOX during a control period of the
specified calendar year for which the authorization is allocated or
auctioned or of any calendar year thereafter under the CSAPR
NOX Ozone Season Group 3 Trading Program.
    CSAPR NOX Ozone Season Group 3 allowance deduction or deduct CSAPR
NOX Ozone Season Group 3 allowances means the permanent
withdrawal of CSAPR NOX Ozone Season Group 3 allowances by the
Administrator from a compliance account (e.g., in order to account for
compliance with the CSAPR NOX Ozone Season Group 3 emissions
limitation) or from an assurance account (e.g., in order to account for
compliance with the assurance provisions under Sec. Sec.  97.1006 and
97.1025).
    CSAPR NOX Ozone Season Group 3 allowances held or hold CSAPR NOX
Ozone Season Group 3 allowances means the CSAPR NOX Ozone
Season Group 3 allowances treated as included in an Allowance
Management System account as of a specified point in time because at
that time they:
    (1) Have been recorded by the Administrator in the account or
transferred into the account by a correctly submitted, but not yet
recorded, CSAPR NOX Ozone Season Group 3 allowance transfer
in accordance with this subpart; and
    (2) Have not been transferred out of the account by a correctly
submitted, but not yet recorded, CSAPR NOX Ozone Season
Group 3 allowance transfer in accordance with this subpart.
    CSAPR NOX Ozone Season Group 3 emissions limitation means, for a
CSAPR NOX Ozone Season Group 3 source, the tonnage of
NOX emissions authorized in a control period in a given year
by the CSAPR NOX Ozone Season Group 3 allowances available
for deduction for the source under Sec.  97.1024(a) for such control
period.
    CSAPR NOX Ozone Season Group 3 source means a source that includes
one or more CSAPR NOX Ozone Season Group 3 units.
    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with this subpart and Sec.  52.38(b)(1),
(b)(2)(v), and (b)(10) through (14) and (17) of this chapter (including
such a program that is revised in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (11) of this chapter or that
is established in a SIP revision approved by the Administrator under
Sec.  52.38(b)(12) of this chapter), as a means of mitigating
interstate transport of ozone and NOX.
    CSAPR NOX Ozone Season Group 3 unit means a unit that is subject to
the CSAPR NOX Ozone Season Group 3 Trading Program.
    CSAPR SO2 Group 1 Trading Program means a multi-state
SO2 air pollution control and emission reduction program
established in accordance with subpart CCCCC of this part and Sec.
52.39(a), (b), (d) through (f), and (j) through (l) of this chapter
(including such a program that is revised in a SIP revision approved by
the Administrator under Sec.  52.39(d) or (e) of this chapter or that
is established in a SIP revision approved by the Administrator under
Sec.  52.39(f) of this chapter), as a means of mitigating interstate
transport of fine particulates and SO2.
    Designated representative means, for a CSAPR NOX Ozone
Season Group 3 source and each CSAPR NOX Ozone Season Group
3 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 this subpart, to represent and legally bind each owner
and operator in matters pertaining to the CSAPR NOX Ozone
Season Group 3 Trading Program. If the CSAPR NOX Ozone
Season Group 3 source is also subject to the Acid Rain Program, CSAPR
NOX Annual Trading Program, or CSAPR SO2 Group 1
Trading Program, then this natural person shall be the same natural
person as the designated representative as defined in the respective
program.
    Emissions means air pollutants exhausted from a unit or source into
the atmosphere, as measured, recorded, and reported to the
Administrator by the designated representative, and as modified by the
Administrator:
    (1) In accordance with this subpart; and
    (2) With regard to a period before the unit or source is required
to measure, record, and report such air pollutants in accordance with
this subpart, in accordance with part 75 of this chapter.
    Excess emissions means any ton of emissions from the CSAPR
NOX Ozone Season Group 3 units at a CSAPR NOX
Ozone Season Group 3 source during a control period in a given year
that exceeds the CSAPR NOX Ozone Season Group 3 emissions
limitation for the source for such control period.
    Fossil fuel means--
    (1) Natural gas, petroleum, coal, or any form of solid, liquid, or
gaseous fuel derived from such material; or
    (2) For purposes of applying the limitation on ``average annual
fuel consumption of fossil fuel'' in Sec.  97.1004(b)(2)(i)(B) and
(b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid,
or gaseous fuel derived from such material for the purpose of creating
useful heat.
    Fossil-fuel-fired means, with regard to a unit, combusting any
amount of fossil fuel in 2005 or any calendar year thereafter.
    General account means an Allowance Management System account,
established under this subpart, that is not a compliance account or an
assurance account.
    Generator means a device that produces electricity.
    Heat input means, for a unit for a specified period of unit
operating time, the product (in mmBtu) of the gross calorific value of
the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel

feed rate (in lb of fuel/time) and unit operating time, as measured,
recorded, and reported to the Administrator by the designated
representative and as modified by the Administrator in accordance with
this subpart and excluding the heat derived from preheated combustion
air, recirculated flue gases, or exhaust.
    Heat input rate means, for a unit, the quotient (in mmBtu/hr) of
the amount of heat input for a specified period of unit operating time
(in mmBtu) divided by unit operating time (in hr) or, for a unit and 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.
    Indian country means ``Indian country'' as defined in 18 U.S.C.
1151.
    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 rate means, for a unit, the maximum
amount of fuel per hour (in Btu/hr) that the unit is capable of
combusting on a steady state basis as of the initial installation of
the unit as specified by the manufacturer of the unit.
    Monitoring system means any monitoring system that meets the
requirements of this subpart, including a continuous emission
monitoring system, an alternative monitoring system, or an excepted
monitoring system under part 75 of this chapter.
    Nameplate capacity means, starting from the initial installation of
a generator, the maximum electrical generating output (in MWe, rounded
to the nearest tenth) 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 of such installation 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 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 (in MWe, rounded to the nearest tenth) as of
such completion as specified by the person conducting the physical
change.
    Natural gas means ``natural gas'' as defined in Sec.  72.2 of this
chapter.
    Newly affected CSAPR NOX Ozone Season Group 3 unit means a unit
that was not a CSAPR NOX Ozone Season Group 3 unit when it
began operating but that thereafter becomes a CSAPR NOX
Ozone Season Group 3 unit.
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
    Operate or operation means, with regard to a unit, to combust fuel.
    Operator means, for a CSAPR NOX Ozone Season Group 3
source or a CSAPR NOX Ozone Season Group 3 unit at a source
respectively, any person who operates, controls, or supervises a CSAPR
NOX Ozone Season Group 3 unit at the source or the CSAPR
NOX Ozone Season Group 3 unit and shall include, but not be
limited to, any holding company, utility system, or plant manager of
such source or unit.
    Owner means, for a CSAPR NOX Ozone Season Group 3 source
or a CSAPR NOX Ozone Season Group 3 unit at a source
respectively, any of the following persons:
    (1) Any holder of any portion of the legal or equitable title in a
CSAPR NOX Ozone Season Group 3 unit at the source or the
CSAPR NOX Ozone Season Group 3 unit;
    (2) Any holder of a leasehold interest in a CSAPR NOX
Ozone Season Group 3 unit at the source or the CSAPR NOX
Ozone Season Group 3 unit, 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 CSAPR NOX Ozone Season Group 3
unit; and
    (3) Any purchaser of power from a CSAPR NOX Ozone Season
Group 3 unit at the source or the CSAPR NOX Ozone Season
Group 3 unit under a life-of-the-unit, firm power contractual
arrangement.
    Permanently retired means, with regard to a unit, a unit that is
unavailable for service and that the unit's owners and operators do not
expect to return to service in the future.
    Permitting authority means ``permitting authority'' as defined in
Sec. Sec.  70.2 and 71.2 of this chapter.
    Potential electrical output capacity means, for a unit (in MWh/yr),
33 percent of the unit's maximum design heat input rate (in Btu/hr),
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 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 log, or by a notation made on the document,
information, or correspondence, by the Administrator in the regular
course of business.
    Recordation, record, or recorded means, with regard to CSAPR
NOX Ozone Season Group 3 allowances, the moving of CSAPR
NOX Ozone Season Group 3 allowances by the Administrator
into, out of, or between Allowance Management System accounts, for
purposes of allocation, auction, transfer, or deduction.
    Reference method means any direct test method of sampling and
analyzing for an air pollutant as specified in Sec.  75.22 of this
chapter.
    Replacement, replace, or replaced means, with regard to a unit, the
demolishing of a unit, or the permanent retirement and permanent
disabling of a unit, and the construction of another unit (the
replacement unit) to be used instead of the demolished or retired unit
(the replaced unit).
    Sequential use of energy means:
    (1) The use of reject heat from electricity production in a useful
thermal energy application or process; or
    (2) The use of reject heat from a useful thermal energy application
or process in electricity production.
    Serial number means, for a CSAPR NOX Ozone Season Group
3 allowance, the unique identification number assigned to each CSAPR
NOX Ozone Season Group 3 allowance by the Administrator.
    Solid waste incineration unit means a stationary, fossil-fuel-fired
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. This definition

does not change or otherwise affect the definition of ``major source'',
``stationary source'', or ``source'' as set forth and implemented in a
title V operating permit program or any other program under the Clean
Air Act.
    State means one of the States that is subject to the CSAPR
NOX Ozone Season Group 3 Trading Program pursuant to Sec.
52.38(b)(1), (b)(2)(v), and (b)(10) through (14) and (17) 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;
    (4) Provided that compliance with any ``submission'' or ``service''
deadline shall be determined by the date of dispatch, transmission, or
mailing and not the date of receipt.
    Topping-cycle unit means a unit in which the energy input to the
unit is first used to produce useful power, including electricity,
where at least some of the reject heat from the electricity production
is then used to provide useful thermal energy.
    Total energy input means, for a unit, total energy of all forms
supplied to the unit, excluding energy produced by the unit. Each form
of energy supplied shall be measured by the lower heating value of that
form of energy calculated as follows:

LHV = HHV-10.55(W + 9H)

Where:

LHV = lower heating value of the form of energy in Btu/lb,
HHV = higher heating value of the form of energy in Btu/lb,
W = weight % of moisture in the form of energy, and
H = weight % of hydrogen in the form of energy.

    Total energy output means, for a unit, the sum of useful power and
useful thermal energy produced by the unit.
    Unit means a stationary, fossil-fuel-fired boiler, stationary,
fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-
fired combustion device. A unit that undergoes a physical change or is
moved to a different location or source shall continue to be treated as
the same unit. A unit (the replaced unit) that is replaced by another
unit (the replacement unit) at the same or a different source shall
continue to be treated as the same unit, and the replacement unit shall
be treated as a separate unit.
    Unit operating day means, with regard to a unit, a calendar day in
which the unit combusts any fuel.
    Unit operating hour or hour of unit operation means, with regard to
a unit, an hour in which the unit combusts any fuel.
    Useful power means, with regard to a unit, electricity or
mechanical energy that the unit makes 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 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., in 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.

Sec.  97.1003  Measurements, abbreviations, and acronyms.

    Measurements, abbreviations, and acronyms used in this subpart are
defined as follows:
Btu--British thermal unit
CO2--carbon dioxide
CSAPR--Cross-State Air Pollution Rule
H2O--water
hr--hour
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
SIP--State implementation plan
SO2--sulfur dioxide
TR--Transport Rule
yr--year

Sec.  97.1004  Applicability.

    (a) Except as provided in paragraph (b) of this section:
    (1) The following units in a State (and Indian country within the
borders of such State) shall be CSAPR NOX Ozone Season Group
3 units, and any source that includes one or more such units shall be a
CSAPR NOX Ozone Season Group 3 source, subject to the
requirements of this subpart: Any stationary, fossil-fuel-fired boiler
or stationary, fossil-fuel-fired combustion turbine serving at any
time, on or after January 1, 2005, a generator with nameplate capacity
of more than 25 MWe producing electricity for sale.
    (2) If a stationary boiler or stationary combustion turbine that,
under paragraph (a)(1) of this section, is not a CSAPR NOX
Ozone Season Group 3 unit begins to combust fossil fuel or to serve a
generator with nameplate capacity of more than 25 MWe producing
electricity for sale, the unit shall become a CSAPR NOX
Ozone Season Group 3 unit as provided in paragraph (a)(1) of this
section on the first date on which it both combusts fossil fuel and
serves such generator.
    (b) Any unit in a State (and Indian country within the borders of
such State) that otherwise is a CSAPR NOX Ozone Season Group
3 unit under paragraph (a) of this section and that meets the
requirements set forth in paragraph (b)(1)(i) or (b)(2)(i) of this
section shall not be a CSAPR NOX Ozone Season Group 3 unit:
    (1)(i) Any unit:
    (A) Qualifying as a cogeneration unit throughout the later of 2005
or the 12-month period starting on the date the unit first produces
electricity and continuing to qualify as a cogeneration unit throughout
each calendar year ending after the later of 2005 or such 12-month
period; and
    (B) Not supplying in 2005 or any calendar year thereafter more than
one-third of the unit's potential electrical output capacity or 219,000
MWh, whichever is greater, to any utility power distribution system for
sale.
    (ii) If, after qualifying under paragraph (b)(1)(i) of this section
as not being a CSAPR NOX Ozone Season Group 3 unit, a unit
subsequently no longer meets all the requirements of paragraph
(b)(1)(i) of this section, the unit shall become a CSAPR NOX
Ozone Season Group 3 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. The unit shall thereafter continue to be
a CSAPR NOX Ozone Season Group 3 unit.
    (2)(i) Any unit:
    (A) Qualifying as a solid waste incineration unit throughout the
later of 2005 or the 12-month period starting on the date the unit
first produces electricity and continuing to qualify as a solid waste
incineration unit throughout each calendar year ending

after the later of 2005 or such 12-month period; and
    (B) With an average annual fuel consumption of fossil fuel for the
first 3 consecutive calendar years of operation starting no earlier
than 2005 of less than 20 percent (on a Btu basis) and an average
annual fuel consumption of fossil fuel for any 3 consecutive calendar
years thereafter of less than 20 percent (on a Btu basis).
    (ii) If, after qualifying under paragraph (b)(2)(i) of this section
as not being a CSAPR NOX Ozone Season Group 3 unit, a unit
subsequently no longer meets all the requirements of paragraph
(b)(2)(i) of this section, the unit shall become a CSAPR NOX
Ozone Season Group 3 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 2005 for which the unit has an average
annual fuel consumption of fossil fuel of 20 percent or more. The unit
shall thereafter continue to be a CSAPR NOX Ozone Season
Group 3 unit.
    (c) A certifying official of an owner or operator of any unit or
other equipment may submit a petition (including any supporting
documents) to the Administrator at any time for a determination
concerning the applicability, under paragraphs (a) and (b) of this
section or a SIP revision approved under Sec.  52.38(b)(11) or (12) of
this chapter, of the CSAPR NOX Ozone Season Group 3 Trading
Program to the unit or other equipment.
    (1) Petition content. The petition shall be in writing and include
the identification of the unit or other equipment and the relevant
facts about the unit or other equipment. 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 or other equipment 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) Response. The Administrator will issue a written response to
the petition and may request supplemental information determined by the
Administrator to be relevant to such petition. The Administrator's
determination concerning the applicability, under paragraphs (a) and
(b) of this section, of the CSAPR NOX Ozone Season Group 3
Trading Program to the unit or other equipment shall be binding on any
State or permitting authority unless the Administrator determines that
the petition or other documents or information provided in connection
with the petition contained significant, relevant errors or omissions.

Sec.  97.1005  Retired unit exemption.

    (a)(1) Any CSAPR NOX Ozone Season Group 3 unit that is
permanently retired shall be exempt from Sec.  97.1006(b) and (c)(1),
Sec.  97.1024, and Sec. Sec.  97.1030 through 97.1035.
    (2) The exemption under paragraph (a)(1) of this section shall
become effective the day on which the CSAPR NOX Ozone Season
Group 3 unit is permanently retired. Within 30 days of the unit's
permanent retirement, the designated representative shall submit a
statement to the Administrator. The statement shall state, in a format
prescribed by the Administrator, that the unit was permanently retired
on a specified date and will comply with the requirements of paragraph
(b) of this section.
    (b)(1) A unit exempt under paragraph (a) of this section shall not
emit any NOX, 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 Administrator. The owners and
operators bear the burden of proof that the unit is permanently
retired.
    (3) The owners and operators and, to the extent applicable, the
designated representative of a unit exempt under paragraph (a) of this
section shall comply with the requirements of the CSAPR NOX
Ozone Season Group 3 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 shall lose
its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation,
monitoring, reporting, and recordkeeping requirements under this
subpart, as a unit that commences commercial operation on the first
date on which the unit resumes operation.

Sec.  97.1006  Standard requirements.

    (a) Designated representative requirements. The owners and
operators shall comply with the requirement to have a designated
representative, and may have an alternate designated representative, in
accordance with Sec. Sec.  97.1013 through 97.1018.
    (b) Emissions monitoring, reporting, and recordkeeping
requirements. (1) The owners and operators, and the designated
representative, of each CSAPR NOX Ozone Season Group 3
source and each CSAPR NOX Ozone Season Group 3 unit at the
source shall comply with the monitoring, reporting, and recordkeeping
requirements of Sec. Sec.  97.1030 through 97.1035.
    (2) The emissions data determined in accordance with Sec. Sec.
97.1030 through 97.1035 shall be used to calculate allocations of CSAPR
NOX Ozone Season Group 3 allowances under Sec. Sec.
97.1011(a)(2) and (b) and 97.1012 and to determine compliance with the
CSAPR NOX Ozone Season Group 3 emissions limitation and
assurance provisions under paragraph (c) of this section, provided
that, for each monitoring location from which mass emissions are
reported, the mass emissions amount used in calculating such
allocations and determining such compliance shall be the mass emissions
amount for the monitoring location determined in accordance with
Sec. Sec.  97.1030 through 97.1035 and rounded to the nearest ton, with
any fraction of a ton less than 0.50 being deemed to be zero.
    (c) NOX emissions requirements--(1) CSAPR NOX Ozone Season Group 3
emissions limitation. (i) As of the allowance transfer deadline for a
control period in a given year, the owners and operators of each CSAPR
NOX Ozone Season Group 3 source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall hold, in
the source's compliance account, CSAPR NOX Ozone Season
Group 3 allowances available for deduction for such control period
under Sec.  97.1024(a) in an amount not less than the tons of total
NOX emissions for such control period from all CSAPR
NOX Ozone Season Group 3 units at the source.

    (ii) If total NOX emissions during a control period in a
given year from the CSAPR NOX Ozone Season Group 3 units at
a CSAPR NOX Ozone Season Group 3 source are in excess of the
CSAPR NOX Ozone Season Group 3 emissions limitation set
forth in paragraph (c)(1)(i) of this section, then:
    (A) The owners and operators of the source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall hold the
CSAPR NOX Ozone Season Group 3 allowances required for
deduction under Sec.  97.1024(d); and
    (B) The owners and operators of the source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall pay any
fine, penalty, or assessment or comply with any other remedy imposed,
for the same violations, under the Clean Air Act, and each ton of such
excess emissions and each day of such control period shall constitute a
separate violation of this subpart and the Clean Air Act.
    (2) CSAPR NOX Ozone Season Group 3 assurance provisions. (i) If
total NOX emissions during a control period in a given year
from all base CSAPR NOX Ozone Season Group 3 units at base
CSAPR NOX Ozone Season Group 3 sources in a State (and
Indian country within the borders of such State) exceed the State
assurance level, then the owners and operators of such sources and
units in each group of one or more sources and units having a common
designated representative for such control period, where the common
designated representative's share of such NOX emissions
during such control period exceeds the common designated
representative's assurance level for the State and such control period,
shall hold (in the assurance account established for the owners and
operators of such group) CSAPR NOX Ozone Season Group 3
allowances available for deduction for such control period under Sec.
97.1025(a) in an amount equal to two times the product (rounded to the
nearest whole number), as determined by the Administrator in accordance
with Sec.  97.1025(b), of multiplying--
    (A) The quotient of the amount by which the common designated
representative's share of such NOX emissions exceeds the
common designated representative's assurance level divided by the sum
of the amounts, determined for all common designated representatives
for such sources and units in the State (and Indian country within the
borders of such State) for such control period, by which each common
designated representative's share of such NOX emissions
exceeds the respective common designated representative's assurance
level; and
    (B) The amount by which total NOX emissions from all
base CSAPR NOX Ozone Season Group 3 units at base CSAPR
NOX Ozone Season Group 3 sources in the State (and Indian
country within the borders of such State) for such control period
exceed the State assurance level.
    (ii) The owners and operators shall hold the CSAPR NOX
Ozone Season Group 3 allowances required under paragraph (c)(2)(i) of
this section, as of midnight of November 1 (if it is a business day),
or midnight of the first business day thereafter (if November 1 is not
a business day), immediately after the year of such control period.
    (iii) Total NOX emissions from all base CSAPR
NOX Ozone Season Group 3 units at base CSAPR NOX
Ozone Season Group 3 sources in a State (and Indian country within the
borders of such State) during a control period in a given year exceed
the State assurance level if such total NOX emissions exceed
the sum, for such control period, of the State NOX Ozone
Season Group 3 trading budget under Sec.  97.1010(a), the State's
variability limit under Sec.  97.1010(b), and, for the control period
in 2021 only, the product (rounded to the nearest allowance) of 1.21
multiplied by the supplemental amount of CSAPR NOX Ozone
Season Group 3 allowances determined for the State under Sec.
97.1010(d).
    (iv) It shall not be a violation of this subpart or of the Clean
Air Act if total NOX emissions from all base CSAPR
NOX Ozone Season Group 3 units at base CSAPR NOX
Ozone Season Group 3 sources in a State (and Indian country within the
borders of such State) during a control period exceed the State
assurance level or if a common designated representative's share of
total NOX emissions from the base CSAPR NOX Ozone
Season Group 3 units at base CSAPR NOX Ozone Season Group 3
sources in a State (and Indian country within the borders of such
State) during a control period exceeds the common designated
representative's assurance level.
    (v) To the extent the owners and operators fail to hold CSAPR
NOX Ozone Season Group 3 allowances for a control period in
a given year in accordance with paragraphs (c)(2)(i) through (iii) of
this section:
    (A) The owners and operators shall pay any fine, penalty, or
assessment or comply with any other remedy imposed under the Clean Air
Act; and
    (B) Each CSAPR NOX Ozone Season Group 3 allowance that
the owners and operators fail to hold for such control period in
accordance with paragraphs (c)(2)(i) through (iii) of this section and
each day of such control period shall constitute a separate violation
of this subpart and the Clean Air Act.
    (3) Compliance periods. (i) A CSAPR NOX Ozone Season
Group 3 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, 2021 or the deadline for meeting the unit's monitor
certification requirements under Sec.  97.1030(b) and for each control
period thereafter.
    (ii) A base CSAPR NOX Ozone Season Group 3 unit shall be
subject to the requirements under paragraph (c)(2) of this section for
the control period starting on the later of May 1, 2021 or the deadline
for meeting the unit's monitor certification requirements under Sec.
97.1030(b) and for each control period thereafter.
    (4) Vintage of CSAPR NOX Ozone Season Group 3 allowances held for
compliance. (i) A CSAPR NOX Ozone Season Group 3 allowance
held for compliance with the requirements under paragraph (c)(1)(i) of
this section for a control period in a given year must be a CSAPR
NOX Ozone Season Group 3 allowance that was allocated or
auctioned for such control period or a control period in a prior year.
    (ii) A CSAPR NOX Ozone Season Group 3 allowance held for
compliance with the requirements under paragraphs (c)(1)(ii)(A) and
(c)(2)(i) through (iii) of this section for a control period in a given
year must be a CSAPR NOX Ozone Season Group 3 allowance that
was allocated or auctioned for a control period in a prior year or the
control period in the given year or in the immediately following year.
    (5) Allowance Management System requirements. Each CSAPR
NOX Ozone Season Group 3 allowance shall be held in,
deducted from, or transferred into, out of, or between Allowance
Management System accounts in accordance with this subpart.
    (6) Limited authorization. A CSAPR NOX Ozone Season
Group 3 allowance is a limited authorization to emit one ton of
NOX during the control period in one year. Such
authorization is limited in its use and duration as follows:
    (i) Such authorization shall only be used in accordance with the
CSAPR NOX Ozone Season Group 3 Trading Program; and
    (ii) Notwithstanding any other provision of this subpart, the
Administrator has the authority to terminate or limit the use and
duration of such authorization to the extent the Administrator
determines is necessary

or appropriate to implement any provision of the Clean Air Act.
    (7) Property right. A CSAPR NOX Ozone Season Group 3
allowance does not constitute a property right.
    (d) Title V permit requirements. (1) No title V permit revision
shall be required for any allocation, holding, deduction, or transfer
of CSAPR NOX Ozone Season Group 3 allowances in accordance
with this subpart.
    (2) A description of whether a unit is required to monitor and
report NOX emissions using a continuous emission monitoring
system (under subpart H of part 75 of this chapter), an excepted
monitoring system (under appendices D and E to part 75 of this
chapter), a low mass emissions excepted monitoring methodology (under
Sec.  75.19 of this chapter), or an alternative monitoring system
(under subpart E of part 75 of this chapter) in accordance with
Sec. Sec.  97.1030 through 97.1035 may be added to, or changed in, a
title V permit using minor permit modification procedures in accordance
with Sec. Sec.  70.7(e)(2) and 71.7(e)(1) of this chapter, provided
that the requirements applicable to the described monitoring and
reporting (as added or changed, respectively) are already incorporated
in such permit. This paragraph explicitly provides that the addition
of, or change to, a unit's description as described in the prior
sentence is eligible for minor permit modification procedures in
accordance with Sec. Sec.  70.7(e)(2)(i)(B) and 71.7(e)(1)(i)(B) of
this chapter.
    (e) Additional recordkeeping and reporting requirements. (1) Unless
otherwise provided, the owners and operators of each CSAPR
NOX Ozone Season Group 3 source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall keep on
site at the source each of the following documents (in hardcopy or
electronic format) 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 Administrator.
    (i) The certificate of representation under Sec.  97.1016 for the
designated representative for the source and each CSAPR NOX
Ozone Season Group 3 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
certificate of representation and documents are superseded because of
the submission of a new certificate of representation under Sec.
97.1016 changing the designated representative.
    (ii) All emissions monitoring information, in accordance with this
subpart.
    (iii) Copies of all reports, compliance certifications, and other
submissions and all records made or required under, or to demonstrate
compliance with the requirements of, the CSAPR NOX Ozone
Season Group 3 Trading Program.
    (2) The designated representative of a CSAPR NOX Ozone
Season Group 3 source and each CSAPR NOX Ozone Season Group
3 unit at the source shall make all submissions required under the
CSAPR NOX Ozone Season Group 3 Trading Program, except as
provided in Sec.  97.1018. This requirement does not change, create an
exemption from, or otherwise affect the responsible official submission
requirements under a title V operating permit program in parts 70 and
71 of this chapter.
    (f) Liability. (1) Any provision of the CSAPR NOX Ozone
Season Group 3 Trading Program that applies to a CSAPR NOX
Ozone Season Group 3 source or the designated representative of a CSAPR
NOX Ozone Season Group 3 source shall also apply to the
owners and operators of such source and of the CSAPR NOX
Ozone Season Group 3 units at the source.
    (2) Any provision of the CSAPR NOX Ozone Season Group 3
Trading Program that applies to a CSAPR NOX Ozone Season
Group 3 unit or the designated representative of a CSAPR NOX
Ozone Season Group 3 unit shall also apply to the owners and operators
of such unit.
    (g) Effect on other authorities. No provision of the CSAPR
NOX Ozone Season Group 3 Trading Program or exemption under
Sec.  97.1005 shall be construed as exempting or excluding the owners
and operators, and the designated representative, of a CSAPR
NOX Ozone Season Group 3 source or CSAPR NOX
Ozone Season Group 3 unit from compliance with any other provision of
the applicable, approved State implementation plan, a federally
enforceable permit, or the Clean Air Act.

Sec.  97.1007  Computation of time.

    (a) Unless otherwise stated, any time period scheduled, under the
CSAPR NOX Ozone Season Group 3 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
CSAPR NOX Ozone Season Group 3 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 CSAPR NOX Ozone Season Group 3 Trading Program, is
not a business day, the time period shall be extended to the next
business day.

Sec.  97.1008  Administrative appeal procedures.

    The administrative appeal procedures for decisions of the
Administrator under the CSAPR NOX Ozone Season Group 3
Trading Program are set forth in part 78 of this chapter.

Sec.  97.1009  [Reserved]

Sec.  97.1010  State NOX Ozone Season Group 3 trading budgets, new unit
set-asides, Indian country new unit set-asides, and variability limits.

    (a) The State NOX Ozone Season Group 3 trading budgets,
new unit set-asides, and Indian country new unit set-asides for
allocations of CSAPR NOX Ozone Season Group 3 allowances for
the control periods in 2021, 2022, 2023, and 2024 and thereafter are as
indicated in Tables 1, 2, and 3 to this paragraph, respectively:

                Table 1 to Paragraph (a)--State NOX Ozone Season Group 3 Trading Budgets by Year
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                                                2024 and
                      State                            2021            2022            2023         thereafter
----------------------------------------------------------------------------------------------------------------
Illinois........................................           9,102           9,102           8,179           8,059
Indiana.........................................          13,051          12,582          12,553           9,564
Kentucky........................................          15,300          14,051          14,051          14,051
Louisiana.......................................          14,818          14,818          14,818          14,818
Maryland........................................           1,499           1,266           1,266           1,348
Michigan........................................          12,727          12,290           9,975           9,786
New Jersey......................................           1,253           1,253           1,253           1,253
New York........................................           3,416           3,416           3,421           3,403

Ohio............................................           9,690           9,773           9,773           9,773
Pennsylvania....................................           8,379           8,373           8,373           8,373
Virginia........................................           4,516           3,897           3,980           3,663
West Virginia...................................          13,334          12,884          12,884          12,884
----------------------------------------------------------------------------------------------------------------

                              Table 2 to Paragraph (a)--New Unit Set-Asides by Year
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                                                2024 and
                      State                            2021            2022            2023         thereafter
----------------------------------------------------------------------------------------------------------------
Illinois........................................             265             265             248             244
Indiana.........................................             262             254             249             190
Kentucky........................................             309             283             283             283
Louisiana.......................................             430             430             430             430
Maryland........................................             135             115             115             122
Michigan........................................             500             482             388             382
New Jersey......................................              27              27              27              27
New York........................................             168             168             168             167
Ohio............................................             291             290             290             290
Pennsylvania....................................             335             339             339             339
Virginia........................................             185             161             166             150
West Virginia...................................             266             261             261             261
----------------------------------------------------------------------------------------------------------------

                      Table 3 to Paragraph (a)--Indian Country New Unit Set-Asides by Year
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                                                2024 and
                      State                            2021            2022            2023         thereafter
----------------------------------------------------------------------------------------------------------------
Illinois........................................
Indiana.........................................
Kentucky........................................
Louisiana.......................................              15              15              15              15
Maryland........................................
Michigan........................................              13              12              10              10
New Jersey......................................
New York........................................               3               3               3               3
Ohio............................................
Pennsylvania....................................
Virginia........................................
West Virginia...................................
----------------------------------------------------------------------------------------------------------------

    (b) The States' variability limits for the State NOX
Ozone Season Group 3 trading budgets for the control periods in 2021,
2022, 2023, and 2024 and thereafter are as indicated in Table 4 to this
paragraph:

                              Table 4 to Paragraph (b)--Variability Limits by Year
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                                                2024 and
                      State                            2021            2022            2023         thereafter
----------------------------------------------------------------------------------------------------------------
Illinois........................................           1,911           1,911           1,718           1,692
Indiana.........................................           2,741           2,642           2,636           2,008
Kentucky........................................           3,213           2,951           2,951           2,951
Louisiana.......................................           3,112           3,112           3,112           3,112
Maryland........................................             315             266             266             283
Michigan........................................           2,673           2,581           2,095           2,055
New Jersey......................................             263             263             263             263
New York........................................             717             717             718             715
Ohio............................................           2,035           2,052           2,052           2,052
Pennsylvania....................................           1,760           1,758           1,758           1,758
Virginia........................................             948             818             836             769
West Virginia...................................           2,800           2,706           2,706           2,706
----------------------------------------------------------------------------------------------------------------

    (c) Each State NOX Ozone Season Group 3 trading budget
in this section includes any tons in a new unit set-aside or Indian
country new unit set-aside but does not include any tons in a
variability limit.
    (d) For the control period in 2021 only, the Administrator will
determine for each State a supplemental amount of CSAPR NOX
Ozone Season Group 3 allowances computed as the product (rounded to the
nearest allowance) of the remainder of the State NOX Ozone
Season Group 2 trading budget for the control period in 2020 under
Sec.  97.810(a) minus the State NOX Ozone Season Group 3
trading budget for the control period in 2021 under paragraph (a) of
this section multiplied by a fraction whose numerator is the number of
days from May 1, 2021 through June 28, 2021, inclusive, and whose
denominator is 153.

Sec.  97.1011  Timing requirements for CSAPR NOX Ozone Season Group 3
allowance allocations.

    (a) Existing units. (1) CSAPR NOX Ozone Season Group 3
allowances are allocated, for the control periods in 2021 and each year
thereafter, as provided in a notice of data availability issued by the
Administrator. Providing an allocation to a unit in such notice does
not constitute a determination that the unit is a CSAPR NOX
Ozone Season Group 3 unit, and not providing an allocation to a unit in
such notice does not constitute a determination that the unit is not a
CSAPR NOX Ozone Season Group 3 unit. For the control period
in 2021, a unit's allocation under this paragraph will include the
unit's share (if any) of the supplemental amount of CSAPR
NOX Ozone Season Group 3 allowances determined for the State
in which the unit is located under Sec.  97.1010(d).
    (2) Notwithstanding paragraph (a)(1) of this section, if a unit
provided an allocation in the notice of data availability issued under
paragraph (a)(1) of this section does not operate, starting after 2020,
during the control period in two consecutive years, such unit will not
be allocated the CSAPR NOX Ozone Season Group 3 allowances
provided in such notice for the unit for the control periods in the
fifth year after the first such year and in each year after that fifth
year. All CSAPR NOX Ozone Season Group 3 allowances that
would otherwise have been allocated to such unit will be allocated to
the new unit set-aside for the State where such unit is located and for
the respective years involved. If such unit resumes operation, the
Administrator will allocate CSAPR NOX Ozone Season Group 3
allowances to the unit in accordance with paragraph (b) of this
section.
    (b) New units--(1) New unit set-asides. (i) By March 1, 2022 and
March 1 of each year thereafter, the Administrator will calculate the
CSAPR NOX Ozone Season Group 3 allowance allocation to each
CSAPR NOX Ozone Season Group 3 unit in a State, in
accordance with Sec.  97.1012(a)(2) through (7), (10), and (12) and
Sec. Sec.  97.1006(b)(2) and 97.1030 through 97.1035, for the control
period in the year before the year of the applicable calculation
deadline under this paragraph and will promulgate a notice of data
availability of the results of the calculations.
    (ii) For each notice of data availability required in paragraph
(b)(1)(i) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice.
    (A) Objections shall be submitted by the deadline specified in each
notice of data availability required in paragraph (b)(1)(i) of this
section and shall be limited to addressing whether the calculations
(including the identification of the CSAPR NOX Ozone Season
Group 3 units) are in accordance with the provisions referenced in
paragraph (b)(1)(i) of this section.
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (b)(1)(i) of this section. By May 1 immediately
after the promulgation of each notice of data availability required in
paragraph (b)(1)(i) of this section, the Administrator will promulgate
a notice of data availability of the results of the calculations
incorporating any adjustments that the Administrator determines to be
necessary and the reasons for accepting or rejecting any objections
submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
    (iii) [Reserved]
    (iv) [Reserved]
    (v) To the extent any CSAPR NOX Ozone Season Group 3
allowances are added to the new unit set-aside after promulgation of
each notice of data availability required in paragraph (b)(1)(ii) of
this section, the Administrator will promulgate additional notices of
data availability, as deemed appropriate, of the allocation of such
CSAPR NOX Ozone Season Group 3 allowances in accordance with
Sec.  97.1012(a)(10).
    (2) Indian country new unit set-asides. (i) By March 1, 2022 and
March 1 of each year thereafter, the Administrator will calculate the
CSAPR NOX Ozone Season Group 3 allowance allocation to each
CSAPR NOX Ozone Season Group 3 unit in Indian country within
the borders of a State, in accordance with Sec.  97.1012(b)(2) through
(7), (10), and (12) and Sec. Sec.  97.1006(b)(2) and 97.1030 through
97.1035, for the control period in the year before the year of the
applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) For each notice of data availability required in paragraph
(b)(2)(i) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice.
    (A) Objections shall be submitted by the deadline specified in each
notice of data availability required in paragraph (b)(2)(i) of this
section and shall be limited to addressing whether the calculations
(including the identification of the CSAPR NOX Ozone Season
Group 3 units) are in accordance with the provisions referenced in
paragraph (b)(2)(i) of this section.
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (b)(2)(i) of this section. By May 1 immediately
after the promulgation of each notice of data availability required in
paragraph (b)(2)(i) of this section, the Administrator will promulgate
a notice of data availability of the results of the calculations
incorporating any adjustments that the Administrator determines to be
necessary and the reasons for accepting or rejecting any objections
submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
    (iii) [Reserved]
    (iv) [Reserved]
    (v) To the extent any CSAPR NOX Ozone Season Group 3
allowances are added to the Indian country new unit set-aside after
promulgation of each notice of data availability required in paragraph
(b)(2)(ii) of this section, the Administrator will promulgate
additional notices of data availability, as deemed appropriate, of the
allocation of such CSAPR NOX Ozone Season Group 3 allowances
in accordance with Sec.  97.1012(b)(10).
    (c) Units incorrectly allocated CSAPR NOX Ozone Season Group 3
allowances. (1) For each control period in 2021 and thereafter, if the
Administrator determines that CSAPR NOX Ozone Season Group 3
allowances were allocated under paragraph (a) of this section, or under
a provision of a SIP revision approved under Sec.  52.38(b)(10), (11),
or (12) of this chapter, where such control period and the recipient
are covered by the provisions of paragraph

(c)(1)(i) of this section or were allocated under Sec.  97.1012(a)(2)
through (7) and (12) and (b)(2) through (7) and (12), or under a
provision of a SIP revision approved under Sec.  52.38(b)(11) or (12)
of this chapter, where such control period and the recipient are
covered by the provisions of paragraph (c)(1)(ii) of this section, then
the Administrator will notify the designated representative of the
recipient and will act in accordance with the procedures set forth in
paragraphs (c)(2) through (5) of this section:
    (i)(A) The recipient is not actually a CSAPR NOX Ozone
Season Group 3 unit under Sec.  97.1004 as of May 1, 2021 and is
allocated CSAPR NOX Ozone Season Group 3 allowances for such
control period or, in the case of an allocation under a provision of a
SIP revision approved under Sec.  52.38(b)(10), (11), or (12) of this
chapter, the recipient is not actually a CSAPR NOX Ozone
Season Group 3 unit as of May 1, 2021 and is allocated CSAPR
NOX Ozone Season Group 3 allowances for such control period
that the SIP revision provides should be allocated only to recipients
that are CSAPR NOX Ozone Season Group 3 units as of May 1,
2021; or
    (B) The recipient is not located as of May 1 of the control period
in the State from whose NOX Ozone Season Group 3 trading
budget the CSAPR NOX Ozone Season Group 3 allowances
allocated under paragraph (a) of this section, or under a provision of
a SIP revision approved under Sec.  52.38(b)(10), (11), or (12) of this
chapter, were allocated for such control period.
    (ii) The recipient is not actually a CSAPR NOX Ozone
Season Group 3 unit under Sec.  97.1004 as of May 1 of such control
period and is allocated CSAPR NOX Ozone Season Group 3
allowances for such control period or, in the case of an allocation
under a provision of a SIP revision approved under Sec.  52.38(b)(11)
or (12) of this chapter, the recipient is not actually a CSAPR
NOX Ozone Season Group 3 unit as of May 1 of such control
period and is allocated CSAPR NOX Ozone Season Group 3
allowances for such control period that the SIP revision provides
should be allocated only to recipients that are CSAPR NOX
Ozone Season Group 3 units as of May 1 of such control period.
    (2) Except as provided in paragraph (c)(3) or (4) of this section,
the Administrator will not record such CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1021.
    (3) If the Administrator already recorded such CSAPR NOX
Ozone Season Group 3 allowances under Sec.  97.1021 and if the
Administrator makes the determination under paragraph (c)(1) of this
section before making deductions for the source that includes such
recipient under Sec.  97.1024(b) for such control period, then the
Administrator will deduct from the account in which such CSAPR
NOX Ozone Season Group 3 allowances were recorded an amount
of CSAPR NOX Ozone Season Group 3 allowances allocated for
the same or a prior control period equal to the amount of such already
recorded CSAPR NOX Ozone Season Group 3 allowances. The
authorized account representative shall ensure that there are
sufficient CSAPR NOX Ozone Season Group 3 allowances in such
account for completion of the deduction.
    (4) If the Administrator already recorded such CSAPR NOX
Ozone Season Group 3 allowances under Sec.  97.1021 and if the
Administrator makes the determination under paragraph (c)(1) of this
section after making deductions for the source that includes such
recipient under Sec.  97.1024(b) for such control period, then the
Administrator will not make any deduction to take account of such
already recorded CSAPR NOX Ozone Season Group 3 allowances.
    (5)(i) With regard to the CSAPR NOX Ozone Season Group 3
allowances that are not recorded, or that are deducted as an incorrect
allocation, in accordance with paragraphs (c)(2) and (3) of this
section for a recipient under paragraph (c)(1)(i) of this section, the
Administrator will:
    (A) Transfer such CSAPR NOX Ozone Season Group 3
allowances to the new unit set-aside for such control period (or a
subsequent control period) for the State from whose NOX
Ozone Season Group 3 trading budget the CSAPR NOX Ozone
Season Group 3 allowances were allocated; or
    (B) If the State has a SIP revision approved under Sec.
52.38(b)(11) or (12) of this chapter covering such control period,
include such CSAPR NOX Ozone Season Group 3 allowances in
the portion of the State NOX Ozone Season Group 3 trading
budget that may be allocated for such control period (or a subsequent
control period) in accordance with such SIP revision.
    (ii) With regard to the CSAPR NOX Ozone Season Group 3
allowances that were not allocated from the Indian country new unit
set-aside for such control period and that are not recorded, or that
are deducted as an incorrect allocation, in accordance with paragraphs
(c)(2) and (3) of this section for a recipient under paragraph
(c)(1)(ii) of this section, the Administrator will:
    (A) Transfer such CSAPR NOX Ozone Season Group 3
allowances to the new unit set-aside for such control period (or a
subsequent control period); or
    (B) If the State has a SIP revision approved under Sec.
52.38(b)(11) or (12) of this chapter covering such control period,
include such CSAPR NOX Ozone Season Group 3 allowances in
the portion of the State NOX Ozone Season Group 3 trading
budget that may be allocated for such control period (or a subsequent
control period) in accordance with such SIP revision.
    (iii) With regard to the CSAPR NOX Ozone Season Group 3
allowances that were allocated from the Indian country new unit set-
aside for such control period and that are not recorded, or that are
deducted as an incorrect allocation, in accordance with paragraphs
(c)(2) and (3) of this section for a recipient under paragraph
(c)(1)(ii) of this section, the Administrator will transfer such CSAPR
NOX Ozone Season Group 3 allowances to the Indian country
new unit set-aside for such control period (or a subsequent control
period).

Sec.  97.1012  CSAPR NOX Ozone Season Group 3 allowance allocations to
new units.

    (a) Allocations from new unit set-asides. For each control period
in 2021 and thereafter and for the CSAPR NOX Ozone Season
Group 3 units in each State, the Administrator will allocate CSAPR
NOX Ozone Season Group 3 allowances to the CSAPR
NOX Ozone Season Group 3 units as follows:
    (1) The CSAPR NOX Ozone Season Group 3 allowances will
be allocated to the following CSAPR NOX Ozone Season Group 3
units, except as provided in paragraph (a)(10) of this section:
    (i) CSAPR NOX Ozone Season Group 3 units that are not
allocated an amount of CSAPR NOX Ozone Season Group 3
allowances in the notice of data availability issued under Sec.
97.1011(a)(1) and that have deadlines for certification of monitoring
systems under Sec.  97.1030(b) not later than September 30 of the year
of the control period;
    (ii) CSAPR NOX Ozone Season Group 3 units whose
allocation of an amount of CSAPR NOX Ozone Season Group 3
allowances for such control period in the notice of data availability
issued under Sec.  97.1011(a)(1) is covered by Sec.  97.1011(c)(2) or
(3);
    (iii) CSAPR NOX Ozone Season Group 3 units that are
allocated an amount of CSAPR NOX Ozone Season Group 3
allowances for such control period in the notice of data availability
issued under Sec.  97.1011(a)(1), which allocation is terminated for
such control period pursuant to Sec.  97.1011(a)(2), and that operate
during such control period; or
    (iv) [Reserved]

    (2) The Administrator will establish a separate new unit set-aside
for the State for each such control period. Each such new unit set-
aside will be allocated CSAPR NOX Ozone Season Group 3
allowances in an amount equal to the applicable amount of tons of
NOX emissions as set forth in Sec.  97.1010(a) and will be
allocated additional CSAPR NOX Ozone Season Group 3
allowances (if any) in accordance with Sec.  97.1011(a)(2) and (c)(5)
and paragraph (b)(10) of this section.
    (3) The Administrator will determine, for each CSAPR NOX
Ozone Season Group 3 unit described in paragraph (a)(1) of this
section, an allocation of CSAPR NOX Ozone Season Group 3
allowances for the latest of the following control periods and for each
subsequent control period:
    (i) The control period in 2021;
    (ii) The control period containing the deadline for certification
of the CSAPR NOX Ozone Season Group 3 unit's monitoring
systems under Sec.  97.1030(b);
    (iii) For a unit described in paragraph (a)(1)(ii) of this section,
the first control period in which the CSAPR NOX Ozone Season
Group 3 unit operates in the State after operating in another
jurisdiction and for which the unit is not already allocated one or
more CSAPR NOX Ozone Season Group 3 allowances; and
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the control period in which the unit resumes operation.
    (4)(i) The allocation to each CSAPR NOX Ozone Season
Group 3 unit described in paragraphs (a)(1)(i) through (iii) of this
section and for each control period described in paragraph (a)(3) of
this section will be an amount equal to the unit's total tons of
NOX emissions during the control period.
    (ii) The Administrator will adjust the allocation amount in
paragraph (a)(4)(i) of this section in accordance with paragraphs
(a)(5) through (7) and (12) of this section.
    (5) The Administrator will calculate the sum of the allocation
amounts of CSAPR NOX Ozone Season Group 3 allowances
determined for all such CSAPR NOX Ozone Season Group 3 units
under paragraph (a)(4)(i) of this section in the State for such control
period.
    (6) If the amount of CSAPR NOX Ozone Season Group 3
allowances in the new unit set-aside for the State for such control
period is greater than or equal to the sum under paragraph (a)(5) of
this section, then the Administrator will allocate the amount of CSAPR
NOX Ozone Season Group 3 allowances determined for each such
CSAPR NOX Ozone Season Group 3 unit under paragraph
(a)(4)(i) of this section.
    (7) If the amount of CSAPR NOX Ozone Season Group 3
allowances in the new unit set-aside for the State for such control
period is less than the sum under paragraph (a)(5) of this section,
then the Administrator will allocate to each such CSAPR NOX
Ozone Season Group 3 unit the amount of the CSAPR NOX Ozone
Season Group 3 allowances determined under paragraph (a)(4)(i) of this
section for the unit, multiplied by the amount of CSAPR NOX
Ozone Season Group 3 allowances in the new unit set-aside for such
control period, divided by the sum under paragraph (a)(5) of this
section, and rounded to the nearest allowance.
    (8) [Reserved]
    (9) [Reserved]
    (10) If, after completion of the procedures under paragraphs (a)(2)
through (7) and (12) of this section for a control period, any
unallocated CSAPR NOX Ozone Season Group 3 allowances remain
in the new unit set-aside for the State for such control period, the
Administrator will allocate to each CSAPR NOX Ozone Season
Group 3 unit that is in the State, is allocated an amount of CSAPR
NOX Ozone Season Group 3 allowances in the notice of data
availability issued under Sec.  97.1011(a)(1), and continues to be
allocated CSAPR NOX Ozone Season Group 3 allowances for such
control period in accordance with Sec.  97.1011(a)(2), an amount of
CSAPR NOX Ozone Season Group 3 allowances equal to the
following: The total amount of such remaining unallocated CSAPR
NOX Ozone Season Group 3 allowances in such new unit set-
aside, multiplied by the unit's allocation under Sec.  97.1011(a) for
such control period, divided by the remainder of the amount of tons in
the applicable State NOX Ozone Season Group 3 trading budget
minus the sum of the amounts of tons in such new unit set-aside and the
Indian country new unit set-aside for the State for such control
period, and rounded to the nearest allowance.
    (11) The Administrator will notify the public, through the
promulgation of the notices of data availability described in Sec.
97.1011(b)(1)(i), (ii), and (v), of the amount of CSAPR NOX
Ozone Season Group 3 allowances allocated under paragraphs (a)(2)
through (7), (10), and (12) of this section for such control period to
each CSAPR NOX Ozone Season Group 3 unit eligible for such
allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period in a given year under paragraph
(a)(7) of this section or paragraphs (a)(6) and (10) of this section
would otherwise result in total allocations from such new unit set-
aside unequal to the total amount of such new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR NOX Ozone Season Group
3 units in descending order based on such units' allocation amounts
under paragraph (a)(7) or (10) of this section, as applicable, and, in
cases of equal allocation amounts, in alphabetical order of the
relevant sources' names and numerical order of the relevant units'
identification numbers, and will adjust each unit's allocation amount
under such paragraph upward or downward by one CSAPR NOX
Ozone Season Group 3 allowance (but not below zero) in the order in
which the units are listed, and will repeat this adjustment process as
necessary, until the total allocations from such new unit set-aside
equal the total amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. For each
control period in 2021 and thereafter and for the CSAPR NOX
Ozone Season Group 3 units in Indian country within the borders of each
State, the Administrator will allocate CSAPR NOX Ozone
Season Group 3 allowances to the CSAPR NOX Ozone Season
Group 3 units as follows:
    (1) The CSAPR NOX Ozone Season Group 3 allowances will
be allocated to the following CSAPR NOX Ozone Season Group 3
units, except as provided in paragraph (b)(10) of this section:
    (i) CSAPR NOX Ozone Season Group 3 units that are not
allocated an amount of CSAPR NOX Ozone Season Group 3
allowances in the notice of data availability issued under Sec.
97.1011(a)(1) and that have deadlines for certification of monitoring
systems under Sec.  97.1030(b) not later than September 30 of the year
of the control period; or
    (ii) [Reserved]
    (2) The Administrator will establish a separate Indian country new
unit set-aside for the State for each such control period. Each such
Indian country new unit set-aside will be allocated CSAPR
NOX Ozone Season Group 3 allowances in an amount equal to
the applicable amount of tons of NOX emissions as set forth
in Sec.  97.1010(a) and will be allocated additional CSAPR
NOX Ozone Season Group 3 allowances (if any) in accordance
with Sec.  97.1011(c)(5).
    (3) The Administrator will determine, for each CSAPR NOX
Ozone Season Group 3 unit described in paragraph

(b)(1) of this section, an allocation of CSAPR NOX Ozone
Season Group 3 allowances for the later of the following control
periods and for each subsequent control period:
    (i) The control period in 2021; and
    (ii) The control period containing the deadline for certification
of the CSAPR NOX Ozone Season Group 3 unit's monitoring
systems under Sec.  97.1030(b).
    (4)(i) The allocation to each CSAPR NOX Ozone Season
Group 3 unit described in paragraph (b)(1)(i) of this section and for
each control period described in paragraph (b)(3) of this section will
be an amount equal to the unit's total tons of NOX emissions
during the control period.
    (ii) The Administrator will adjust the allocation amount in
paragraph (b)(4)(i) of this section in accordance with paragraphs
(b)(5) through (7) and (12) of this section.
    (5) The Administrator will calculate the sum of the allocation
amounts of CSAPR NOX Ozone Season Group 3 allowances
determined for all such CSAPR NOX Ozone Season Group 3 units
under paragraph (b)(4)(i) of this section in Indian country within the
borders of the State for such control period.
    (6) If the amount of CSAPR NOX Ozone Season Group 3
allowances in the Indian country new unit set-aside for the State for
such control period is greater than or equal to the sum under paragraph
(b)(5) of this section, then the Administrator will allocate the amount
of CSAPR NOX Ozone Season Group 3 allowances determined for
each such CSAPR NOX Ozone Season Group 3 unit under
paragraph (b)(4)(i) of this section.
    (7) If the amount of CSAPR NOX Ozone Season Group 3
allowances in the Indian country new unit set-aside for the State for
such control period is less than the sum under paragraph (b)(5) of this
section, then the Administrator will allocate to each such CSAPR
NOX Ozone Season Group 3 unit the amount of the CSAPR
NOX Ozone Season Group 3 allowances determined under
paragraph (b)(4)(i) of this section for the unit, multiplied by the
amount of CSAPR NOX Ozone Season Group 3 allowances in the
Indian country new unit set-aside for such control period, divided by
the sum under paragraph (b)(5) of this section, and rounded to the
nearest allowance.
    (8) [Reserved]
    (9) [Reserved]
    (10) If, after completion of the procedures under paragraphs (b)(2)
through (7) and (12) of this section for a control period, any
unallocated CSAPR NOX Ozone Season Group 3 allowances remain
in the Indian country new unit set-aside for the State for such control
period, the Administrator will:
    (i) Transfer such unallocated CSAPR NOX Ozone Season
Group 3 allowances to the new unit set-aside for the State for such
control period; or
    (ii) If the State has a SIP revision approved under Sec.
52.38(b)(11) or (12) of this chapter covering such control period,
include such unallocated CSAPR NOX Ozone Season Group 3
allowances in the portion of the State NOX Ozone Season
Group 3 trading budget that may be allocated for such control period in
accordance with such SIP revision.
    (11) The Administrator will notify the public, through the
promulgation of the notices of data availability described in Sec.
97.1011(b)(2)(i), (ii), and (v), of the amount of CSAPR NOX
Ozone Season Group 3 allowances allocated under paragraphs (b)(2)
through (7), (10), and (12) of this section for such control period to
each CSAPR NOX Ozone Season Group 3 unit eligible for such
allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period in a given year under
paragraph (b)(7) of this section would otherwise result in total
allocations from such Indian country new unit set-aside unequal to the
total amount of such Indian country new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR NOX Ozone Season Group
3 units in descending order based on such units' allocation amounts
under paragraph (b)(7) of this section and, in cases of equal
allocation amounts, in alphabetical order of the relevant sources'
names and numerical order of the relevant units' identification
numbers, and will adjust each unit's allocation amount under such
paragraph upward or downward by one CSAPR NOX Ozone Season
Group 3 allowance (but not below zero) in the order in which the units
are listed, and will repeat this adjustment process as necessary, until
the total allocations from such Indian country new unit set-aside equal
the total amount of such Indian country new unit set-aside.

Sec.  97.1013  Authorization of designated representative and alternate
designated representative.

    (a) Except as provided under Sec.  97.1015, each CSAPR
NOX Ozone Season Group 3 source, including all CSAPR
NOX Ozone Season Group 3 units at the source, shall have one
and only one designated representative, with regard to all matters
under the CSAPR NOX Ozone Season Group 3 Trading Program.
    (1) The designated representative shall be selected by an agreement
binding on the owners and operators of the source and all CSAPR
NOX Ozone Season Group 3 units at the source and shall act
in accordance with the certification statement in Sec.
97.1016(a)(4)(iii).
    (2) Upon and after receipt by the Administrator of a complete
certificate of representation under Sec.  97.1016:
    (i) The designated representative shall be authorized and shall
represent and, by his or her representations, actions, inactions, or
submissions, legally bind each owner and operator of the source and
each CSAPR NOX Ozone Season Group 3 unit at the source in
all matters pertaining to the CSAPR NOX Ozone Season Group 3
Trading Program, notwithstanding any agreement between the designated
representative and such owners and operators; and
    (ii) The owners and operators of the source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall be bound
by any decision or order issued to the designated representative by the
Administrator regarding the source or any such unit.
    (b) Except as provided under Sec.  97.1015, each CSAPR
NOX Ozone Season Group 3 source may have one and only one
alternate designated representative, who may act on behalf of the
designated representative. The agreement by which the alternate
designated representative is selected shall include a procedure for
authorizing the alternate designated representative to act in lieu of
the designated representative.
    (1) The alternate designated representative shall be selected by an
agreement binding on the owners and operators of the source and all
CSAPR NOX Ozone Season Group 3 units at the source and shall
act in accordance with the certification statement in Sec.
97.1016(a)(4)(iii).
    (2) Upon and after receipt by the Administrator of a complete
certificate of representation under Sec.  97.1016:
    (i) The alternate designated representative shall be authorized;
    (ii) Any representation, action, inaction, or submission by the
alternate designated representative shall be deemed to be a
representation, action, inaction, or submission by the designated
representative; and
    (iii) The owners and operators of the source and each CSAPR
NOX Ozone Season Group 3 unit at the source shall be bound
by any decision or order

issued to the alternate designated representative by the Administrator
regarding the source or any such unit.
    (c) Except in this section, Sec.  97.1002, and Sec. Sec.  97.1014
through 97.1018, whenever the term ``designated representative'' (as
distinguished from the term ``common designated representative'') is
used in this subpart, the term shall be construed to include the
designated representative or any alternate designated representative.

Sec.  97.1014  Responsibilities of designated representative and
alternate designated representative.

    (a) Except as provided under Sec.  97.1018 concerning delegation of
authority to make submissions, each submission under the CSAPR
NOX Ozone Season Group 3 Trading Program shall be made,
signed, and certified by the designated representative or alternate
designated representative for each CSAPR NOX Ozone Season
Group 3 source and CSAPR NOX Ozone Season Group 3 unit for
which the submission is made. Each such submission shall include the
following certification statement by the designated representative or
alternate 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.''
    (b) The Administrator will accept or act on a submission made for a
CSAPR NOX Ozone Season Group 3 source or a CSAPR
NOX Ozone Season Group 3 unit only if the submission has
been made, signed, and certified in accordance with paragraph (a) of
this section and Sec.  97.1018.

Sec.  97.1015  Changing designated representative and alternate
designated representative; changes in owners and operators; changes in
units at the source.

    (a) Changing designated representative. The designated
representative may be changed at any time upon receipt by the
Administrator of a superseding complete certificate of representation
under Sec.  97.1016. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
designated representative before the time and date when the
Administrator receives the superseding certificate of representation
shall be binding on the new designated representative and the owners
and operators of the CSAPR NOX Ozone Season Group 3 source
and the CSAPR NOX Ozone Season Group 3 units at the source.
    (b) Changing alternate designated representative. The alternate
designated representative may be changed at any time upon receipt by
the Administrator of a superseding complete certificate of
representation under Sec.  97.1016. Notwithstanding any such change,
all representations, actions, inactions, and submissions by the
previous alternate designated representative before the time and date
when the Administrator receives the superseding certificate of
representation shall be binding on the new alternate designated
representative, the designated representative, and the owners and
operators of the CSAPR NOX Ozone Season Group 3 source and
the CSAPR NOX Ozone Season Group 3 units at the source.
    (c) Changes in owners and operators. (1) In the event an owner or
operator of a CSAPR NOX Ozone Season Group 3 source or a
CSAPR NOX Ozone Season Group 3 unit at the source is not
included in the list of owners and operators in the certificate of
representation under Sec.  97.1016, such 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
designated representative and any alternate designated representative
of the source or unit, and the decisions and orders of the
Administrator, as if the owner or operator were included in such list.
    (2) Within 30 days after any change in the owners and operators of
a CSAPR NOX Ozone Season Group 3 source or a CSAPR
NOX Ozone Season Group 3 unit at the source, including the
addition or removal of an owner or operator, the designated
representative or any alternate designated representative shall submit
a revision to the certificate of representation under Sec.  97.1016
amending the list of owners and operators to reflect the change.
    (d) Changes in units at the source. Within 30 days of any change in
which units are located at a CSAPR NOX Ozone Season Group 3
source (including the addition or removal of a unit), the designated
representative or any alternate designated representative shall submit
a certificate of representation under Sec.  97.1016 amending the list
of units to reflect the change.
    (1) If the change is the addition of a unit that operated (other
than for purposes of testing by the manufacturer before initial
installation) before being located at the source, then the certificate
of representation shall identify, in a format prescribed by the
Administrator, the entity from whom the unit was purchased or otherwise
obtained (including name, address, telephone number, and facsimile
number (if any)), the date on which the unit was purchased or otherwise
obtained, and the date on which the unit became located at the source.
    (2) If the change is the removal of a unit, then the certificate of
representation shall identify, in a format prescribed by the
Administrator, the entity to which the unit was sold or that otherwise
obtained the unit (including name, address, telephone number, and
facsimile number (if any)), the date on which the unit was sold or
otherwise obtained, and the date on which the unit became no longer
located at the source.

Sec.  97.1016  Certificate of representation.

    (a) A complete certificate of representation for a designated
representative or an alternate designated representative shall include
the following elements in a format prescribed by the Administrator:
    (1) Identification of the CSAPR NOX Ozone Season Group 3
source, and each CSAPR NOX Ozone Season Group 3 unit at the
source, for which the certificate of representation is submitted,
including source name, source category and NAICS code (or, in the
absence of a NAICS code, an equivalent code), State, plant code,
county, latitude and longitude, unit identification number and type,
identification number and nameplate capacity (in MWe, rounded to the
nearest tenth) of each generator served by each such unit, actual or
projected date of commencement of commercial operation, and a statement
of whether such source is located in Indian country. If a projected
date of commencement of commercial operation is provided, the actual
date of commencement of commercial operation shall be provided when
such information becomes available;
    (2) The name, address, email address (if any), telephone number,
and facsimile transmission number (if any) of the designated
representative and any alternate designated representative;
    (3) A list of the owners and operators of the CSAPR NOX
Ozone Season Group

3 source and of each CSAPR NOX Ozone Season Group 3 unit at
the source;
    (4) The following certification statements by the designated
representative and any alternate designated representative--
    (i) ``I certify that I was selected as the designated
representative or alternate designated representative, as applicable,
by an agreement binding on the owners and operators of the source and
each CSAPR NOX Ozone Season Group 3 unit at the source.'';
    (ii) ``I certify that I have all the necessary authority to carry
out my duties and responsibilities under the CSAPR NOX Ozone