one Hg designated representative, with regard to all matters under the
Hg Budget Trading Program concerning the source or any Hg Budget unit
at the source.
    (b) The Hg designated representative of the Hg Budget source shall
be selected by an agreement binding on the owners and operators of the
source and all Hg Budget units at the source and shall act in
accordance with the certification statement in Sec.
62.15913(a)(4)(iv).
    (c) Upon receipt by the Administrator of a complete certificate of
representation under Sec.  62.15913, the Hg designated representative
of the source shall represent and, by his or her representations,
actions, inactions, or submissions, legally bind each owner and
operator of the Hg Budget source represented and each Hg Budget unit at
the source in all matters pertaining to the Hg Budget Trading Program,
notwithstanding any agreement between the Hg designated representative
and such owners and operators. The owners

and operators shall be bound by any decision or order issued to the Hg
designated representative by the permitting authority, the
Administrator, or a court regarding the source or unit.
    (d) No Hg Budget permit will be issued, no emissions data reports
will be accepted, and no Hg Allowance Tracking System account will be
established for a Hg Budget unit at a source, until the Administrator
has received a complete certificate of representation under Sec.
62.15913 for a Hg designated representative of the source and the Hg
Budget units at the source.
    (e)(1) Each submission under the Hg Budget Trading Program shall be
submitted, signed, and certified by the Hg designated representative
for each Hg Budget source on behalf of which the submission is made.
Each such submission shall include the following certification
statement by the Hg designated representative: ``I am authorized to
make this submission on behalf of the owners and operators of the
source or units for which the submission is made. I certify under
penalty of law that I have personally examined, and am familiar with,
the statements and information submitted in this document and all its
attachments. Based on my inquiry of those individuals with primary
responsibility for obtaining the information, I certify that the
statements and information are to the best of my knowledge and belief
true, accurate, and complete. I am aware that there are significant
penalties for submitting false statements and information or omitting
required statements and information, including the possibility of fine
or imprisonment.''
    (2) The permitting authority and the Administrator will accept or
act on a submission made on behalf of owners or operators of a Hg
Budget source or a Hg Budget unit only if the submission has been made,
signed, and certified in accordance with paragraph (e)(1) of this
section.

Sec.  62.15911  Alternate Hg designated representative.

    (a) A certificate of representation under Sec.  62.15913 may
designate one and only one alternate Hg designated representative, who
may act on behalf of the Hg designated representative. The agreement by
which the alternate Hg designated representative is selected shall
include a procedure for authorizing the alternate Hg designated
representative to act in lieu of the Hg designated representative.
    (b) Upon receipt by the Administrator of a complete certificate of
representation under Sec.  62.15913, any representation, action,
inaction, or submission by the alternate Hg designated representative
shall be deemed to be a representation, action, inaction, or submission
by the Hg designated representative.
    (c) Except in this section and Sec. Sec.  62.15902, 62.15910(a) and
(d), 62.15912, 62.15913, 62.15915, and 62.15951, whenever the term ``Hg
designated representative'' is used in this subpart, the term shall be
construed to include the Hg designated representative or any alternate
Hg designated representative.

Sec.  62.15912  Changing Hg designated representative and alternate Hg
designated representative; changes in owners and operators.

    (a) Changing Hg designated representative. The Hg designated
representative may be changed at any time upon receipt by the
Administrator of a superseding complete certificate of representation
under Sec.  62.15913. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous Hg
designated representative before the time and date when the
Administrator receives the superseding certificate of representation
shall be binding on the new Hg designated representative and the owners
and operators of the Hg Budget source and the Hg Budget units at the
source.
    (b) Changing alternate Hg designated representative. The alternate
Hg designated representative may be changed at any time upon receipt by
the Administrator of a superseding complete certificate of
representation under Sec.  62.15913. Notwithstanding any such change,
all representations, actions, inactions, and submissions by the
previous alternate Hg designated representative before the time and
date when the Administrator receives the superseding certificate of
representation shall be binding on the new alternate Hg designated
representative and the owners and operators of the Hg Budget source and
the Hg Budget units at the source.
    (c) Changes in owners and operators.
    (1) In the event a owner or operator of a Hg Budget source or a Hg
Budget unit is not included in the list of owners and operators in the
certificate of representation under Sec.  62.15913, 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 Hg designated representative and any alternate Hg
designated representative of the source or unit, and the decisions and
orders of the permitting authority, the Administrator, or a court, as
if the owner or operator were included in such list.
    (2) Within 30 days following any change in the owners and operators
of a Hg Budget source or a Hg Budget unit, including the addition of a
new owner or operator, the Hg designated representative or any
alternate Hg designated representative shall submit a revision to the
certificate of representation under Sec.  62.15913 amending the list of
owners and operators to include the change.

Sec.  62.15913  Certificate of representation.

    (a) A complete certificate of representation for a Hg designated
representative or an alternate Hg designated representative shall
include the following elements in a format prescribed by the
Administrator:
    (1) Identification of the Hg Budget source, and each Hg Budget unit
at the source, for which the certificate of representation is
submitted, including identification and nameplate capacity of each
generator served by each such unit.
    (2) The name, address, e-mail address (if any), telephone number,
and facsimile transmission number (if any) of the Hg designated
representative and any alternate Hg designated representative.
    (3) A list of the owners and operators of the Hg Budget source and
of each Hg Budget unit at the source.
    (4) The following certification statements by the Hg designated
representative and any alternate Hg designated representative:
    (i) ``I certify that I was selected as the Hg designated
representative or alternate Hg designated representative, as
applicable, by an agreement binding on the owners and operators of the
source and each Hg Budget unit at the source.''
    (ii) ``I certify that I have all the necessary authority to carry
out my duties and responsibilities under the Hg Budget Trading Program
on behalf of the owners and operators of the source and of each Hg
Budget unit at the source and that each such owner and operator shall
be fully bound by my representations, actions, inactions, or
submissions.''
    (iii) ``I certify that the owners and operators of the source and
of each Hg Budget unit at the source shall be bound by any order issued
to me by the Administrator, the permitting authority, or a court
regarding the source or unit.''
    (iv) ``Where there are multiple holders of a legal or equitable
title to, or a leasehold interest in, a Hg Budget unit, or where a
utility or industrial customer purchases power from a Hg Budget unit
under a life-of-the-unit, firm power

contractual arrangement, I certify that: I have given a written notice
of my selection as the `Hg designated representative' or `alternate Hg
designated representative,' as applicable, and of the agreement by
which I was selected to each owner and operator of the source and of
each Hg Budget unit at the source; and Hg allowances and proceeds of
transactions involving Hg allowances will be deemed to be held or
distributed in proportion to each holder's legal, equitable, leasehold,
or contractual reservation or entitlement, except that, if such
multiple holders have expressly provided for a different distribution
of Hg allowances by contract, Hg allowances and proceeds of
transactions involving Hg allowances will be deemed to be held or
distributed in accordance with the contract.''
    (5) The signature of the Hg designated representative and any
alternate Hg designated representative and the dates signed.
    (b) Unless otherwise required by the permitting authority or the
Administrator, documents of agreement referred to in the certificate of
representation shall not be submitted to the permitting authority or
the Administrator. Neither the permitting authority nor the
Administrator shall be under any obligation to review or evaluate the
sufficiency of such documents, if submitted.

Sec.  62.15914  Objections concerning Hg designated representative.

    (a) Once a complete certificate of representation under Sec.
62.15913 has been submitted and received, the permitting authority and
the Administrator will rely on the certificate of representation unless
and until a superseding complete certificate of representation under
Sec.  62.15913 is received by the Administrator.
    (b) Except as provided in Sec.  62.15912(a) or (b), no objection or
other communication submitted to the permitting authority or the
Administrator concerning the authorization, or any representation,
action, inaction, or submission, of the Hg designated representative
shall affect any representation, action, inaction, or submission of the
Hg designated representative or the finality of any decision or order
by the permitting authority or the Administrator under the Hg Budget
Trading Program.
    (c) Neither the permitting authority nor the Administrator will
adjudicate any private legal dispute concerning the authorization or
any representation, action, inaction, or submission of any Hg
designated representative, including private legal disputes concerning
the proceeds of Hg allowance transfers.

Sec.  62.15915  Delegation by Hg designated representative and
alternate Hg designated representative.

    (a) A Hg designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this subpart.
    (b) An alternate Hg designated representative may delegate, to one
or more natural persons, his or her authority to make an electronic
submission to the Administrator provided for or required under this
subpart.
    (c) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (a) or (b) of this
section, the Hg designated representative or alternate Hg designated
representative, as appropriate, must submit to the Administrator a
notice of delegation, in a format prescribed by the Administrator, that
includes the following elements:
    (1) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such Hg designated
representative or alternate Hg designated representative;
    (2) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such Hg designated
representative or alternate Hg designated representative:
    (i) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a Hg designated representative or alternate Hg
designated representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
62.15915(d) shall be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 62.15915(d), I agree to maintain an
e-mail account and to notify the Administrator immediately of any
change in my e-mail address, unless all delegation of authority by me
under 40 CFR 62.15915 is terminated.''
    (d) A notice of delegation submitted under paragraph (c) of this
section shall be effective, with regard to the Hg designated
representative or alternate Hg designated representative identified in
such notice, upon receipt of such notice by the Administrator and until
receipt by the Administrator of a superseding notice of delegation
submitted by such Hg designated representative or alternate Hg
designated representative, as appropriate. The superseding notice of
delegation may replace any previously identified agent, add a new
agent, or eliminate entirely any delegation of authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the Hg designated
representative or alternate Hg designated representative submitting
such notice of delegation.

Permits

Sec.  62.15920  General Hg budget trading program permit requirements.

    (a) For each Hg Budget source required to have a title V operating
permit, such permit shall include a Hg Budget permit administered by
the permitting authority for the title V operating permit. The Hg
Budget portion of the title V permit shall be administered in
accordance with the permitting authority's title V operating permits
regulations promulgated under part 70 or 71 of this chapter, except as
provided otherwise by paragraph (b) of this section, Sec.  62.15905,
and Sec. Sec.  62.15921 through 62.15924.
    (b) Each Hg Budget permit shall contain, with regard to the Hg
Budget source and the Hg Budget units at the source covered by the Hg
Budget permit, all applicable Hg Budget Trading Program requirements
and shall be a complete and separable portion of the title V operating
permit.

Sec.  62.15921  Submission of Hg budget permit applications.

    (a) Duty to apply. The Hg designated representative of any Hg
Budget source required to have a title V operating permit shall submit
to the permitting authority a complete Hg Budget permit application
under Sec.  62.15922 for the source covering each Hg Budget unit at the
source at least 18 months (or such lesser time provided by the
permitting authority) before the later of January 1, 2010 or the date
on which the Hg

Budget unit commences commercial operation.
    (b) Duty to reapply. For a Hg Budget source required to have a
title V operating permit, the Hg designated representative shall submit
a complete Hg Budget permit application under Sec.  62.15922 for the
source covering each Hg Budget unit at the source to renew the Hg
Budget permit in accordance with the permitting authority's title V
operating permits regulations addressing permit renewal.

Sec.  62.15922  Information requirements for Hg budget permit
applications.

    A complete Hg Budget permit application shall include the following
elements concerning the Hg Budget source for which the application is
submitted, in a format prescribed by the permitting authority:
    (a) Identification of the Hg Budget source;
    (b) Identification of each Hg Budget unit at the Hg Budget source;
and
    (c) The standard requirements under Sec.  62.15906.

Sec.  62.15923  Hg budget permit contents and term.

    (a) Each Hg Budget permit will contain, in a format prescribed by
the permitting authority, all elements required for a complete Hg
Budget permit application under Sec.  62.15922.
    (b) Each Hg Budget permit is deemed to incorporate automatically
the definitions of terms under Sec.  62.15902 and, upon recordation by
the Administrator under Sec. Sec.  62.15940 through 62.15962, every
allocation, transfer, or deduction of a Hg allowance to or from the
compliance account of the Hg Budget source covered by the permit.
    (c) The term of the Hg Budget permit will be set by the permitting
authority, as necessary to facilitate coordination of the renewal of
the Hg Budget permit with issuance, revision, or renewal of the Hg
Budget source's title V operating permit.

Sec.  62.15924  Hg budget permit revisions.

    Except as provided in Sec.  62.15923(b), the permitting authority
will revise the Hg Budget permit, as necessary, in accordance with the
permitting authority's title V operating permits regulations addressing
permit revisions.

Sec.  62.15930  [Reserved].

Hg Allowance Allocations

Sec.  62.15940  State trading budgets.

    The State trading budgets for annual allocations of Hg allowances
for the control periods in 2010 through 2017 and in 2018 and thereafter
are respectively as follows:

------------------------------------------------------------------------
                                         State trading budget (tons)
                                   -------------------------------------
               State                                        2018 and
                                        2010-2017          thereafter
------------------------------------------------------------------------
Alaska............................              0.010              0.004
Alabama...........................              1.289              0.509
Arkansas..........................              0.516              0.204
Arizona...........................              0.454              0.179
California........................              0.041              0.016
Colorado..........................              0.706              0.279
Connecticut.......................              0.053              0.021
Delaware..........................              0.072              0.028
District of Columbia..............              0                  0
Florida...........................              1.232              0.487
Georgia...........................              1.227              0.484
Hawaii............................              0.024              0.009
Idaho.............................              0                  0
Iowa..............................              0.727              0.287
Illinois..........................              1.594              0.629
Indiana...........................              2.097              0.828
Kansas............................              0.723              0.285
Kentucky..........................              1.525              0.602
Louisiana.........................              0.601              0.237
Massachusetts.....................              0.172              0.068
Maryland..........................              0.49               0.193
Maine.............................              0.001              0.001
Michigan..........................              1.303              0.514
Minnesota.........................              0.695              0.274
Missouri..........................              1.393              0.550
Mississippi.......................              0.291              0.115
Montana...........................              0.377              0.149
Navajo Nation Indian Country......              0.600              0.237
North Carolina....................              1.133              0.447
North Dakota......................              1.564              0.617
Nebraska..........................              0.421              0.166
New Hampshire.....................              0.063              0.025
New Jersey........................              0.153              0.060
New Mexico........................              0.299              0.118
Nevada............................              0.285              0.112
New York..........................              0.393              0.155
Ohio..............................              2.057              0.812
Oklahoma..........................              0.721              0.285
Oregon............................              0.076              0.030
Pennsylvania......................              1.779              0.702
Rhode Island......................              0                  0
South Carolina....................              0.58               0.229
South Dakota......................              0.072              0.029
Tennessee.........................              0.944              0.373

Texas.............................              4.656              1.838
Utah..............................              0.506              0.200
Ute Indian Tribe Reservation                    0.060              0.024
 Indian Country...................
Virginia..........................              0.592              0.234
Vermont...........................              0                  0
Washington........................              0.198              0.078
Wisconsin.........................              0.89               0.351
West Virginia.....................              1.394              0.550
Wyoming...........................              0.952              0.376
------------------------------------------------------------------------

Sec.  62.15941  Timing requirements for Hg allowance allocations.

    (a) The Administrator will determine by order the Hg allowance
allocations, in accordance with Sec.  62.15942(a) and (b), for the
control periods in 2010, 2011, 2012, 2013, and 2014.
    (b) By July 31, 2011 and July 31 of each year thereafter, the
Administrator will determine by order the Hg allowance allocations, in
accordance with Sec.  62.15942(a) and (b), for the control period in
the fourth year after the year of the applicable deadline for
determination under this paragraph.
    (c) By July 31, 2010 and July 31 of each year thereafter, the
Administrator will determine by order the Hg allowance allocations, in
accordance with Sec.  62.15942(a), (c), and (d), for the control period
in the year of the applicable deadline for determination under this
paragraph.
    (d) The Administrator will make available to the public each
determination of Hg allowances under paragraph (a), (b), or (c) of this
section and will provide an opportunity for submission of objections to
the determination. Objections shall be limited to addressing whether
the determination is in accordance with Sec.  62.15942. Based on any
such objections, the Administrator will adjust each determination to
the extent necessary to ensure that it is in accordance with Sec.
62.15942.

Sec.  62.15942  Hg allowance allocations.

    (a)(1) The baseline heat input (in MMBtu) used with respect to Hg
allowance allocations under paragraph (b) of this section for each Hg
Budget unit will be:
    (i) For units commencing operation before January 1, 2001, the
average of the three highest amounts of the unit's adjusted control
period heat input for 2000 through 2004, with the adjusted control
period heat input for each year calculated as the sum of the following:
    (A) Any portion of the unit's control period heat input for the
year that results from the unit's combustion of lignite, multiplied by
3.0;
    (B) Any portion of the unit's control period heat input for the
year that results from the unit's combustion of subbituminous coal,
multiplied by 1.25; and
    (C) Any portion of the unit's control period heat input for the
year that is not covered by paragraph (a)(1)(i)(A) or (B) of this
section, multiplied by 1.0.
    (ii) For units commencing operation on or after January 1, 2001 and
operating each calendar year during a period of 5 or more consecutive
calendar years, the average of the 3 highest amounts of the unit's
total converted control period heat input over the first such 5 years.
    (2)(i) A unit's control period heat input for a calendar year under
paragraph (a)(1)(i) of this section, and a unit's total ounces of Hg
emissions during a calendar year under paragraph (c)(3) of this
section, will be determined in accordance with part 75 of this chapter,
to the extent the unit was otherwise subject to the requirements of
part 75 of this chapter for the year, or will be based on the best
available data reported to the Administrator for the unit, to the
extent the unit was not otherwise subject to the requirements of part
75 of this chapter for the year. The unit's types and amounts of fuel
combusted, under paragraph (a)(1)(i) of this section, will be based on
the best available data reported to the Administrator for the unit.
    (ii) A unit's converted control period heat input for a calendar
year specified under paragraph (a)(1)(ii) of this section equals:
    (A) Except as provided in paragraph (a)(2)(ii)(B) or (C) of this
section, the control period gross electrical output of the generator or
generators served by the unit multiplied by 7,900 Btu/kWh and divided
by 1,000,000 Btu/MMBtu, provided that if a generator is served by 2 or
more units, then the gross electrical output of the generator will be
attributed to each unit in proportion to the unit's share of the total
control period heat input of such units for the year;
    (B) For a unit that is a boiler and has equipment used to produce
electricity and useful thermal energy for industrial, commercial,
heating, or cooling purposes through the sequential use of energy, the
total heat energy (in Btu) of the steam produced by the boiler during
the control period, divided by 0.8 and by 1,000,000 Btu/MMBtu; or
    (C) For a unit that is a combustion turbine and has equipment used
to produce electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential use of
energy, the control period gross electrical output of the enclosed
device comprising the compressor, combustor, and turbine multiplied by
3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam
produced by any associated heat recovery steam generator during the
control period divided by 0.8, and with the sum divided by 1,000,000
Btu/MMBtu.
    (iii) Gross electrical output and total heat energy under paragraph
(a)(2)(ii) of this section will be determined based on the best
available data reported to the Administrator.
    (3) The Administrator will determine what data are the best
available data under paragraph (a)(2) of this section by weighing the
likelihood that data are accurate and reliable and giving greater
weight to data submitted to a governmental entity in compliance with
legal requirements or substantiated by an independent entity.
    (b)(1) For each control period in 2010 and thereafter, the
Administrator will allocate to all Hg Budget units in a State that have
a baseline heat input (as determined under paragraph (a) of this
section) a total amount of Hg allowances equal to 95 percent for a
control period in 2010 through 2014, and 97 percent for a control
period in 2015 and thereafter, of the amount of ounces (i.e., tons
multiplied by 32,000 ounces/ton)

of Hg emissions in the applicable State trading budget under Sec.
62.15940 (except as provided in paragraph (d) of this section).
    (2) The Administrator will allocate Hg allowances to each Hg Budget
unit under paragraph (b)(1) of this section in an amount determined by
multiplying the total amount of Hg allowances allocated under paragraph
(b)(1) of this section by the ratio of the baseline heat input of such
Hg Budget unit to the total amount of baseline heat input of all such
Hg Budget units in the State and rounding to the nearest whole
allowance as appropriate.
    (c) For each control period in 2009 and thereafter, the
Administrator will allocate Hg allowances to Hg Budget units in a State
that are not allocated Hg allowances under paragraph (b) of this
section because the units do not yet have a baseline heat input under
paragraph (a) of this section or because the units have a baseline heat
input but all Hg allowances available under paragraph (b) of this
section for the control period are already allocated, in accordance
with the following procedures:
    (1) The Administrator will establish a separate new unit set-aside
for each control period. Each new unit set-aside will be allocated Hg
allowances equal to 5 percent for a control period in 2010 through
2014, and 3 percent for a control period in 2015 and thereafter, of the
amount of ounces (i.e., tons multiplied by 32,000 ounces/ton) of Hg
emissions in the applicable State trading budget under Sec.  62.15940.
    (2) The Hg designated representative of such a Hg Budget unit may
submit to the Administrator a request, in a format specified by the
Administrator, to be allocated Hg allowances, starting with the later
of the control period in 2010 or the first control period after the
control period in which the Hg Budget unit commences commercial
operation and until the first control period for which the unit is
allocated Hg allowances under paragraph (b) of this section. A separate
Hg allowance allocation request for each control period for which Hg
allowances are sought must be submitted on or before May 1 of such
control period and after the date on which the Hg Budget unit commences
commercial operation.
    (3) In a Hg allowance allocation request under paragraph (c)(2) of
this section, the Hg designated representative may request for a
control period Hg allowances in an amount not exceeding the Hg Budget
unit's total ounces of Hg emissions during the calendar year
immediately before such control period.
    (4) The Administrator will review each Hg allowance allocation
request under paragraph (c)(2) of this section and will allocate Hg
allowances for each control period pursuant to such request as follows:
    (i) The Administrator will accept an allowance allocation request
only if the request meets, or is adjusted by the Administrator as
necessary to meet, the requirements of paragraphs (c)(2) and (3) of
this section.
    (ii) On or after May 1 of the control period, the Administrator
will determine the sum of the Hg allowances requested (as adjusted
under paragraph (c)(4)(i) of this section) in all allowance allocation
requests accepted under paragraph (c)(4)(i) of this section for the
control period.
    (iii) If the amount of Hg allowances in the new unit set-aside for
the control period is greater than or equal to the sum under paragraph
(c)(4)(ii) of this section, then the Administrator will allocate the
amount of Hg allowances requested (as adjusted under paragraph
(c)(4)(i) of this section) to each Hg Budget unit covered by an
allowance allocation request accepted under paragraph (c)(4)(i) of this
section.
    (iv) If the amount of Hg allowances in the new unit set-aside for
the control period is less than the sum under paragraph (c)(4)(ii) of
this section, then the Administrator will allocate to each Hg Budget
unit covered by an allowance allocation request accepted under
paragraph (c)(4)(i) of this section the amount of the Hg allowances
requested (as adjusted under paragraph (c)(4)(i) of this section),
multiplied by the amount of Hg allowances in the new unit set-aside for
the control period, divided by the sum determined under paragraph
(c)(4)(ii) of this section, and rounded to the nearest whole allowance
as appropriate.
    (v) The Administrator will notify each Hg designated representative
that submitted an allowance allocation request of the amount of Hg
allowances (if any) allocated for the control period to the Hg Budget
unit covered by the request.
    (d) If, after completion of the procedures under paragraph (c)(4)
of this section for a control period, any unallocated Hg allowances
remain in the new unit set-aside under paragraph (c) for a State for
the control period, the Administrator will allocate to each Hg Budget
unit that was allocated Hg allowances under paragraph (b) of this
section in the State an amount of Hg allowances equal to the total
amount of such remaining unallocated Hg allowances, multiplied by the
unit's allocation under paragraph (b) of this section, divided by 95
percent for a control period in 2010 through 2014, and 97 percent for a
control period in 2015 and thereafter, of the amount of ounces (i.e.,
tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable
State trading budget under Sec.  62.15940, and rounded to the nearest
whole allowance as appropriate.
    (e) If the Administrator determines that Hg allowances were
allocated under paragraphs (a) and (b) of this section, paragraphs (a)
and (c) of this section, or paragraph (d) of this section for a control
period and that the recipient of the allocation is not actually a Hg
Budget unit under Sec.  62.15904 in such control period, then the
Administrator will notify the Hg designated representative and will act
in accordance with the following procedures:
    (1) Except as provided in paragraph (e)(2) or (3) of this section,
the Administrator will not record such Hg allowances under Sec.
62.15953.
    (2) If the Administrator already recorded such Hg allowances under
Sec.  62.15953 and if the Administrator makes such determination before
making deductions for the source that includes such recipient under
Sec.  62.15954(b) for the control period, then the Administrator will
deduct from the account in which such Hg allowances were recorded under
Sec.  62.15953 an amount of Hg allowances allocated for the same or a
prior control period equal to the amount of such already recorded Hg
allowances. The Hg authorized account representative shall ensure that
there are sufficient Hg allowances in such account for completion of
the deduction.
    (3) If the Administrator already recorded such Hg allowances under
Sec.  62.15953 and if the Administrator makes such determination after
making deductions for the source that includes such recipient under
Sec.  62.15954(b) for the control period, then the Administrator will
apply paragraph (e)(1) or (2) of this section, as appropriate, to any
subsequent control period for which Hg allowances were allocated to
such recipient.
    (4) The Administrator will transfer the Hg allowances that are not
recorded, or that are deducted, in accordance with paragraphs (e)(1),
(2), and (3) of this section to a new unit set-aside for the State in
which such recipient is located.

Sec.  62.15943  Alternative of allocation of Hg allowances by
permitting authority.

    (a) Notwithstanding Sec. Sec.  62.15941, 62.15942, and 62.15953 if
a State submits, and the Administrator approves, a State allocation

methodology in accordance with Sec.  60.24(h)(9) of this chapter
providing for allocation of Hg allowances for any control period by the
permitting authority, then, for each such control period:
    (1) The permitting authority shall make such allocations in
accordance with such approved State allocation methodology;
    (2) The Administrator will not make allocations under Sec. Sec.
62.15941 and 62.15942 for the Hg Budget units in the State; and
    (3) Under Sec.  62.15953, the Administrator will record the
allocations made under such approved State allocation methodology
instead of allocations under Sec. Sec.  62.15941 and 62.15942.
    (b) In implementing paragraph (a) of this section and Sec. Sec.
62.15941, 62.15942, and 62.15953, the Administrator will ensure that
the total amount of Hg allowances allocated, under such provisions and
under a State's State allocation methodology approved in accordance
with Sec.  60.24(h)(9) of this chapter, for a control period for Hg
Budget sources in the State or for other entities specified by the
permitting authority will not exceed the State's State trading budget
for the year of the control period.

Hg Allowance Tracking System

Sec.  62.15950  [Reserved]

Sec.  62.15951  Establishment of accounts.

    (a) Compliance accounts. Upon receipt of a complete certificate of
representation under Sec.  62.15913, the Administrator will establish a
compliance account for the Hg Budget source for which the certificate
of representation was submitted unless the source already has a
compliance account.
    (b) General accounts.
    (1) Application for general account.
    (i) Any person may apply to open a general account for the purpose
of holding and transferring Hg allowances. An application for a general
account may designate one and only one Hg authorized account
representative and one and only one alternate Hg authorized account
representative who may act on behalf of the Hg authorized account
representative. The agreement by which the alternate Hg authorized
account representative is selected shall include a procedure for
authorizing the alternate Hg authorized account representative to act
in lieu of the Hg authorized account representative.
    (ii) A complete application for a general account shall be
submitted to the Administrator and shall include the following elements
in a format prescribed by the Administrator:
    (A) Name, mailing address, e-mail address (if any), telephone
number, and facsimile transmission number (if any) of the Hg authorized
account representative and any alternate Hg authorized account
representative;
    (B) Organization name and type of organization, if applicable;
    (C) A list of all persons subject to a binding agreement for the Hg
authorized account representative and any alternate Hg authorized
account representative to represent their ownership interest with
respect to the Hg allowances held in the general account;
    (D) The following certification statement by the Hg authorized
account representative and any alternate Hg authorized account
representative: ``I certify that I was selected as the Hg authorized
account representative or the alternate Hg authorized account
representative, as applicable, by an agreement that is binding on all
persons who have an ownership interest with respect to Hg allowances
held in the general account. I certify that I have all the necessary
authority to carry out my duties and responsibilities under the Hg
Budget Trading Program on behalf of such persons and that each such
person shall be fully bound by my representations, actions, inactions,
or submissions and by any order or decision issued to me by the
Administrator or a court regarding the general account.''
    (E) The signature of the Hg authorized account representative and
any alternate Hg authorized account representative and the dates
signed.
    (iii) Unless otherwise required by the permitting authority or the
Administrator, documents of agreement referred to in the application
for a general account shall not be submitted to the permitting
authority or the Administrator. Neither the permitting authority nor
the Administrator shall be under any obligation to review or evaluate
the sufficiency of such documents, if submitted.
    (2) Authorization of Hg authorized account representative and
alternate Hg authorized account representative.
    (i) Upon receipt by the Administrator of a complete application for
a general account under paragraph (b)(1) of this section:
    (A) The Administrator will establish a general account for the
person or persons for whom the application is submitted.
    (B) The Hg authorized account representative and any alternate Hg
authorized account representative for the general account shall
represent and, by his or her representations, actions, inactions, or
submissions, legally bind each person who has an ownership interest
with respect to Hg allowances held in the general account in all
matters pertaining to the Hg Budget Trading Program, notwithstanding
any agreement between the Hg authorized account representative or any
alternate Hg authorized account representative and such person. Any
such person shall be bound by any order or decision issued to the Hg
authorized account representative or any alternate Hg authorized
account representative by the Administrator or a court regarding the
general account.
    (C) Any representation, action, inaction, or submission by any
alternate Hg authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the Hg authorized
account representative.
    (ii) Each submission concerning the general account shall be
submitted, signed, and certified by the Hg authorized account
representative or any alternate Hg authorized account representative
for the persons having an ownership interest with respect to Hg
allowances held in the general account. Each such submission shall
include the following certification statement by the Hg authorized
account representative or any alternate Hg authorized account
representative: ``I am authorized to make this submission on behalf of
the persons having an ownership interest with respect to the Hg
allowances held in the general account. I certify under penalty of law
that I have personally examined, and am familiar with, the statements
and information submitted in this document and all its attachments.
Based on my inquiry of those individuals with primary responsibility
for obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for
submitting false statements and information or omitting required
statements and information, including the possibility of fine or
imprisonment.''
    (iii) The Administrator will accept or act on a submission
concerning the general account only if the submission has been made,
signed, and certified in accordance with paragraph (b)(2)(ii) of this
section.
    (3) Changing Hg authorized account representative and alternate Hg
authorized account representative; changes in persons with ownership
interest.
    (i) The Hg authorized account representative for a general account
may

be changed at any time upon receipt by the Administrator of a
superseding complete application for a general account under paragraph
(b)(1) of this section. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous Hg
authorized account representative before the time and date when the
Administrator receives the superseding application for a general
account shall be binding on the new Hg authorized account
representative and the persons with an ownership interest with respect
to the Hg allowances in the general account.
    (ii) The alternate Hg authorized account representative for a
general account may be changed at any time upon receipt by the
Administrator of a superseding complete application for a general
account under paragraph (b)(1) of this section. Notwithstanding any
such change, all representations, actions, inactions, and submissions
by the previous alternate Hg authorized account representative before
the time and date when the Administrator receives the superseding
application for a general account shall be binding on the new alternate
Hg authorized account representative and the persons with an ownership
interest with respect to the Hg allowances in the general account.
    (iii)(A) In the event a person having an ownership interest with
respect to Hg allowances in the general account is not included in the
list of such persons in the application for a general account, such
person shall be deemed to be subject to and bound by the application
for a general account, the representation, actions, inactions, and
submissions of the Hg authorized account representative and any
alternate Hg authorized account representative of the account, and the
decisions and orders of the Administrator or a court, as if the person
were included in such list.
    (B) Within 30 days following any change in the persons having an
ownership interest with respect to Hg allowances in the general
account, including the addition of a new person, the Hg authorized
account representative or any alternate Hg authorized account
representative shall submit a revision to the application for a general
account amending the list of persons having an ownership interest with
respect to the Hg allowances in the general account to include the
change.
    (4) Objections concerning Hg authorized account representative and
alternate Hg authorized account representative.
    (i) Once a complete application for a general account under
paragraph (b)(1) of this section has been submitted and received, the
Administrator will rely on the application unless and until a
superseding complete application for a general account under paragraph
(b)(1) of this section is received by the Administrator.
    (ii) Except as provided in paragraph (b)(3)(i) or (ii) of this
section, no objection or other communication submitted to the
Administrator concerning the authorization, or any representation,
action, inaction, or submission of the Hg authorized account
representative or any alternate Hg authorized account representative
for a general account shall affect any representation, action,
inaction, or submission of the Hg authorized account representative or
any alternate Hg authorized account representative or the finality of
any decision or order by the Administrator under the Hg Budget Trading
Program.
    (iii) The Administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action,
inaction, or submission of the Hg authorized account representative or
any alternate Hg authorized account representative for a general
account, including private legal disputes concerning the proceeds of Hg
allowance transfers.
    (5) Delegation by Hg authorized account representative and
alternate Hg authorized account representative.
    (i) A Hg authorized account representative may delegate, to one or
more natural persons, his or her authority to make an electronic
submission to the Administrator provided for or required under this
section and Sec. Sec.  62.15952 through 62.15962.
    (ii) An alternate Hg authorized account representative may
delegate, to one or more natural persons, his or her authority to make
an electronic submission to the Administrator provided for or required
under this section and Sec. Sec.  62.15952 through 62.15962.
    (iii) In order to delegate authority to make an electronic
submission to the Administrator in accordance with paragraph (b)(5)(i)
or (ii) of this section, the Hg authorized account representative or
alternate Hg authorized account representative, as appropriate, must
submit to the Administrator a notice of delegation, in a format
prescribed by the Administrator, that includes the following elements:
    (A) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such Hg authorized account
representative or alternate Hg authorized account representative;
    (B) The name, address, e-mail address, telephone number, and,
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (b)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such Hg authorized
account representative or alternate Hg authorized account
representative: ``I agree that any electronic submission to the
Administrator that is by an agent identified in this notice of
delegation and of a type listed for such agent in this notice of
delegation and that is made when I am a Hg authorized account
representative or alternate Hg authorized representative, as
appropriate, and before this notice of delegation is superseded by
another notice of delegation under 40 CFR 62.15951(b)(5)(iv) shall be
deemed to be an electronic submission by me.''; and
    (E) The following certification statement by such Hg authorized
account representative or alternate Hg authorized account
representative: ``Until this notice of delegation is superseded by
another notice of delegation under 40 CFR 62.15951 (b)(5)(iv), I agree
to maintain an e-mail account and to notify the Administrator
immediately of any change in my e-mail address unless all delegation of
authority under 40 CFR 62.15951(b)(5) is terminated.''
    (iv) A notice of delegation submitted under paragraph (b)(5)(iii)
of this section shall be effective, with regard to the Hg authorized
account representative or alternate Hg authorized account
representative identified in such notice, upon receipt of such notice
by the Administrator and until receipt by the Administrator of a
superseding notice of delegation submitted by such Hg authorized
account representative or alternate Hg authorized account
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (b)(5(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (b)(5)(iv) of this
section shall be deemed to be an electronic submission by the Hg
designated representative or alternate

Hg designated representative submitting such notice of delegation.
    (c) Account identification. The Administrator will assign a unique
identifying number to each account established under paragraph (a) or
(b) of this section.

Sec.  62.15952  Responsibilities of Hg authorized account
representative.

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

Sec.  62.15953  Recordation of Hg allowance allocations.

    (a) By December 1, 2007, the Administrator will record in the Hg
Budget source's compliance account the Hg allowances allocated for the
Hg Budget units at the source in accordance with Sec.  62.15942(a) and
(b) for the control period in 2010.
    (b) By December 1, 2008, the Administrator will record in the Hg
Budget source's compliance account the Hg allowances allocated for the
Hg Budget units at the source in accordance with Sec.  62.15942(a) and
(b) for the control period in 2011.
    (c) By December 1, 2009, the Administrator will record in the Hg
Budget source's compliance account the Hg allowances allocated for the
Hg Budget units at the source in accordance with Sec.  62.15942(a) and
(b) for the control periods in 2012 and 2013.
    (d) By December 1, 2010 and December 1 of each year thereafter, the
Administrator will record in the Hg Budget source's compliance account
the Hg allowances allocated for the Hg Budget units at the source in
accordance with Sec.  62.15942(a) and (b) for the control period in the
fourth year after the year of the applicable deadline for recordation
under this paragraph.
    (e) By December 1, 2009 and December 1 of each year thereafter, the
Administrator will record in the Hg Budget source's compliance account
the Hg allowances allocated for the Hg Budget units at the source in
accordance with Sec.  62.15942(a) and (c) for the control period in the
year of the applicable deadline for recordation under this paragraph.
    (f) Serial numbers for allocated Hg allowances. When recording the
allocation of Hg allowances for a Hg Budget unit in a compliance
account, the Administrator will assign each Hg allowance a unique
identification number that will include digits identifying the year of
the control period for which the Hg allowance is allocated.

Sec.  62.15954  Compliance with Hg Budget emissions limitation.

    (a) Allowance transfer deadline. The Hg allowances are available to
be deducted for compliance with a source's Hg Budget emissions
limitation for a control period in a given calendar year only if the Hg
allowances:
    (1) Were allocated for the control period in the year or a prior
year; and
    (2) Are held in the compliance account as of the allowance transfer
deadline for the control period or are transferred into the compliance
account by a Hg allowance transfer correctly submitted for recordation
under Sec. Sec.  62.15960 and 62.15961 by the allowance transfer
deadline for the control period.
    (b) Deductions for compliance. Following the recordation, in
accordance with Sec.  62.15961, of Hg allowance transfers submitted for
recordation in a source's compliance account by the allowance transfer
deadline for a control period, the Administrator will deduct from the
compliance account Hg allowances available under paragraph (a) of this
section in order to determine whether the source meets the Hg Budget
emissions limitation for the control period, as follows:
    (1) Until the amount of Hg allowances deducted equals the number of
ounces of total Hg emissions, determined in accordance with Sec. Sec.
62.15970 through 62.15975, from all Hg Budget units at the source for
the control period; or
    (2) If there are insufficient Hg allowances to complete the
deductions in paragraph (b)(1) of this section, until no more Hg
allowances available under paragraph (a) of this section remain in the
compliance account.
    (c)(1) Identification of Hg allowances by serial number. The Hg
authorized account representative for a source's compliance account may
request that specific Hg allowances, identified by serial number, in
the compliance account be deducted for emissions or excess emissions
for a control period in accordance with paragraph (b) or (d) of this
section. Such request shall be submitted to the Administrator by the
allowance transfer deadline for the control period and include, in a
format prescribed by the Administrator, the identification of the Hg
Budget source and the appropriate serial numbers.
    (2) First-in, first-out. The Administrator will deduct Hg
allowances under paragraph (b) or (d) of this section from the source's
compliance account, in the absence of an identification or in the case
of a partial identification of Hg allowances by serial number under
paragraph (c)(1) of this section, on a first-in, first-out (FIFO)
accounting basis in the following order:
    (i) Any Hg allowances that were allocated to the units at the
source, in the order of recordation; and then
    (ii) Any Hg allowances that were allocated to any entity and
transferred and recorded in the compliance account pursuant to
Sec. Sec.  62.15960 through 62.15962, in the order of recordation.
    (d) Deductions for excess emissions.
    (1) After making the deductions for compliance under paragraph (b)
of this section for a control period in a calendar year in which the Hg
Budget source has excess emissions, the Administrator will deduct from
the source's compliance account an amount of Hg allowances, allocated
for the control period in the immediately following calendar year,
equal to 3 times the number of ounces of the source's excess emissions.
    (2) Any allowance deduction required under paragraph (d)(1) of this
section shall not affect the liability of the owners and operators of
the Hg Budget source or the Hg Budget units at the source for any fine,
penalty, or assessment, or their obligation to comply with any other
remedy, for the same violations, as ordered under the Clean Air Act or
applicable State law.
    (e) Recordation of deductions. The Administrator will record in the
appropriate compliance account all deductions from such an account
under paragraph (b) and (d) of this section.
    (f) Administrator's action on submissions.
    (1) The Administrator may review and conduct independent audits
concerning any submission under the Hg Budget Trading Program and make
appropriate adjustments of the information in the submissions.
    (2) The Administrator may deduct Hg allowances from or transfer Hg
allowances to a source's compliance account based on the information in
the submissions, as adjusted under paragraph (f)(1) of this section,
and record such deductions and transfers.

Sec.  62.15955  Banking.

    (a) Hg allowances may be banked for future use or transfer in a
compliance account or a general account in accordance with paragraph
(b) of this section.
    (b) Any Hg allowance that is held in a compliance account or a
general account will remain in such account unless and until the Hg
allowance is

deducted or transferred under Sec.  62.15942, Sec.  62.15954, Sec.
62.15956, or Sec. Sec.  62.15960 through 62.15962.

Sec.  62.15956  Account error.

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

Sec.  62.15957  Closing of general accounts.

    (a) The Hg authorized account representative of a general account
may submit to the Administrator a request to close the account, which
shall include a correctly submitted allowance transfer under Sec. Sec.
62.15960 and 62.15961 for any Hg allowances in the account to one or
more other Hg Allowance Tracking System accounts.
    (b) If a general account has no allowance transfers in or out of
the account for a 12-month period or longer and does not contain any Hg
allowances, the Administrator may notify the Hg authorized account
representative for the account that the account will be closed
following 20 business days after the notice is sent. The account will
be closed after the 20-day period unless, before the end of the 20-day
period, the Administrator receives a correctly submitted transfer of Hg
allowances into the account under Sec. Sec.  62.15960 and 62.15961 or a
statement submitted by the Hg authorized account representative
demonstrating to the satisfaction of the Administrator good cause as to
why the account should not be closed.

Hg Allowance Transfers

Sec.  62.15960  Submission of Hg allowance transfers.

    An Hg authorized account representative seeking recordation of a Hg
allowance transfer shall submit the transfer to the Administrator. To
be considered correctly submitted, the Hg allowance transfer shall
include the following elements, in a format specified by the
Administrator:
    (a) The account numbers for both the transferor and transferee
accounts;
    (b) The serial number of each Hg allowance that is in the
transferor account and is to be transferred; and
    (c) The name and signature of the Hg authorized account
representative of the transferor account and the date signed.

Sec.  62.15961  EPA recordation.

    (a) Within 5 business days (except as provided in paragraph (b) of
this section) of receiving a Hg allowance transfer, the Administrator
will record a Hg allowance transfer by moving each Hg allowance from
the transferor account to the transferee account as specified by the
request, provided that:
    (1) The transfer is correctly submitted under Sec.  62.15960; and
    (2) The transferor account includes each Hg allowance identified by
serial number in the transfer.
    (b) A Hg allowance transfer that is submitted for recordation after
the allowance transfer deadline for a control period and that includes
any Hg allowances allocated for any control period before such
allowance transfer deadline will not be recorded until after the
Administrator completes the deductions under Sec.  62.15954 for the
control period immediately before such allowance transfer deadline.
    (c) Where a Hg allowance transfer submitted for recordation fails
to meet the requirements of paragraph (a) of this section, the
Administrator will not record such transfer.

Sec.  62.15962  Notification.

    (a) Notification of recordation. Within 5 business days of
recordation of a Hg allowance transfer under Sec.  62.15961, the
Administrator will notify the Hg authorized account representatives of
both the transferor and transferee accounts.
    (b) Notification of non-recordation. Within 10 business days of
receipt of a Hg allowance transfer that fails to meet the requirements
of Sec.  62.15961(a), the Administrator will notify the Hg authorized
account representatives of both accounts subject to the transfer of:
    (1) A decision not to record the transfer, and
    (2) The reasons for such non-recordation.
    (c) Nothing in this section shall preclude the submission of a Hg
allowance transfer for recordation following notification of non-
recordation.

Monitoring and Reporting

Sec.  62.15970  General requirements.

    The owners and operators, and to the extent applicable, the Hg
designated representative, of a Hg Budget unit, shall comply with the
monitoring, recordkeeping, and reporting requirements as provided in
this section, Sec. Sec.  62.15971 through 62.15975, and subpart I of
part 75 of this chapter. For purposes of complying with such
requirements, the definitions in Sec.  62.15902 and in Sec.  72.2 of
this chapter shall apply, and the terms ``affected unit,'' ``designated
representative,'' and ``continuous emission monitoring system'' (or
``CEMS'') in part 75 of this chapter shall be deemed to refer to the
terms ``Hg Budget unit,'' ``Hg designated representative,'' and
``continuous emission monitoring system'' (or ``CEMS'') respectively,
as defined in Sec.  62.15902. The owner or operator of a unit that is
not a Hg Budget unit but that is monitored under Sec.  75.82(b)(2)(i)
of this chapter shall comply with the same monitoring, recordkeeping,
and reporting requirements as a Hg Budget unit.
    (a) Requirements for installation, certification, and data
accounting. The owner or operator of each Hg Budget unit shall:
    (1) Install all monitoring systems required under this section and
Sec. Sec.  62.15971 through 62.15975 for monitoring Hg mass emissions
and individual unit heat input (including all systems required to
monitor Hg concentration, stack gas moisture content, stack gas flow
rate, and CO2 or O2 concentration, as applicable,
in accordance with Sec. Sec.  75.81 and 75.82 of this chapter);
    (2) Successfully complete all certification tests required under
Sec.  62.15971 and meet all other requirements of this section,
Sec. Sec.  62.15971 through 62.15975, and subpart I of part 75 of this
chapter applicable to the monitoring systems under paragraph (a)(1) of
this section; and
    (3) Record, report, and quality-assure the data from the monitoring
systems under paragraph (a)(1) of this section.
    (b) Compliance deadlines. Except as provided in paragraph (e) of
this section, the owner or operator shall meet the monitoring system
certification and other requirements of paragraphs (a)(1) and (2) of
this section on or before the following dates. The owner or operator
shall record, report, and quality-assure the data from the monitoring
systems under paragraph (a)(1) of this section on and after the
following dates.
    (1) For the owner or operator of a Hg Budget unit that commences
commercial operation before July 1, 2008, by January 1, 2009.
    (2) For the owner or operator of a Hg Budget unit that commences
commercial operation on or after July 1, 2008, by the later of the
following dates:
    (i) January 1, 2009; or
    (ii) 90 unit operating days or 180 calendar days, whichever occurs
first, after the date on which the unit commences commercial operation.
    (3) For the owner or operator of a Hg Budget unit for which
construction of a new stack or flue or installation of add-on Hg
emission controls, a flue gas desulfurization system, a selective

catalytic reduction system, or a compact hybrid particulate collector
system is completed after the applicable deadline under paragraph
(b)(1) or (2) of this section, by 90 unit operating days or 180
calendar days, whichever occurs first, after the date on which
emissions first exit to the atmosphere through the new stack or flue,
add-on Hg emissions controls, flue gas desulfurization system,
selective catalytic reduction system, or compact hybrid particulate
collector system.
    (c) Reporting data. The owner or operator of a Hg Budget unit that
does not meet the applicable compliance date set forth in paragraph (b)
of this section for any monitoring system under paragraph (a)(1) of
this section shall, for each such monitoring system, determine, record,
and report maximum potential (or, as appropriate, minimum potential)
values for Hg concentration, stack gas flow rate, stack gas moisture
content, and any other parameters required to determine Hg mass
emissions and heat input in accordance with Sec.  75.80(g) of this
chapter.
    (d) Prohibitions.
    (1) No owner or operator of a Hg Budget unit shall use any
alternative monitoring system, alternative reference method, or any
other alternative to any requirement of this section and Sec. Sec.
62.15971 through 62.15974 without having obtained prior written
approval in accordance with Sec.  62.15975.
    (2) No owner or operator of a Hg Budget unit shall operate the unit
so as to discharge, or allow to be discharged, Hg emissions to the
atmosphere without accounting for all such emissions in accordance with
the applicable provisions of this section, Sec. Sec.  62.15971 through
62.15975, and subpart I of part 75 of this chapter.
    (3) No owner or operator of a Hg Budget unit shall disrupt the
continuous emission monitoring system, any portion thereof, or any
other approved emission monitoring method, and thereby avoid monitoring
and recording Hg mass emissions discharged into the atmosphere or heat
input, except for periods of recertification or periods when
calibration, quality assurance testing, or maintenance is performed in
accordance with the applicable provisions of this section, Sec. Sec.
62.15971 through 62.15975, and subpart I of part 75 of this chapter.
    (4) No owner or operator of a Hg Budget unit shall retire or
permanently discontinue use of the continuous emission monitoring
system, any component thereof, or any other approved monitoring system
under this section and Sec. Sec.  62.15971 through 62.15975, except
under any one of the following circumstances:
    (i) During the period that the unit is covered by an exemption
under Sec.  62.15905 that is in effect;
    (ii) The owner or operator is monitoring emissions from the unit
with another certified monitoring system approved, in accordance with
the applicable provisions of this section, Sec. Sec.  62.15971 through
62.15975, and subpart I of part 75 of this chapter, by the
Administrator for use at that unit that provides emission data for the
same pollutant or parameter as the retired or discontinued monitoring
system; or
    (iii) The Hg designated representative submits notification of the
date of certification testing of a replacement monitoring system for
the retired or discontinued monitoring system in accordance with Sec.
62.15971(c)(3)(i).
    (e) Long-term cold storage. The owner or operator of a Hg Budget
unit is subject to the applicable provisions of part 75 of this chapter
concerning units in long-term cold storage.

Sec.  62.15971  Initial certification and recertification procedures.

    (a) The owner or operator of a Hg Budget unit shall be exempt from
the initial certification requirements of this section for a monitoring
system under Sec.  62.15970(a)(1) if the following conditions are met:
    (1) The monitoring system has been previously certified in
accordance with part 75 of this chapter; and
    (2) The applicable quality-assurance and quality-control
requirements of Sec.  75.21 of this chapter and appendix B to part 75
of this chapter are fully met for the certified monitoring system
described in paragraph (a)(1) of this section.
    (b) The recertification provisions of this section shall apply to a
monitoring system under Sec.  62.15970(a)(1) exempt from initial
certification requirements under paragraph (a) of this section.
    (c) Except as provided in paragraph (a) of this section, the owner
or operator of a Hg Budget unit shall comply with the following initial
certification and recertification procedures for a continuous
monitoring system (i.e., a continuous emission monitoring system and an
excepted monitoring system (sorbent trap monitoring system) under Sec.
75.15) under Sec.  62.15970(a)(1). The owner or operator of a unit that
qualifies to use the Hg low mass emissions excepted monitoring
methodology under Sec.  75.81(b) of this chapter or that qualifies to
use an alternative monitoring system under subpart E of part 75 of this
chapter shall comply with the procedures in paragraph (d) or (e) of
this section respectively.
    (1) Requirements for initial certification. The owner or operator
shall ensure that each continuous monitoring system under Sec.
62.15970(a)(1) (including the automated data acquisition and handling
system) successfully completes all of the initial certification testing
required under Sec.  75.20 of this chapter by the applicable deadline
in Sec.  62.15970(b). In addition, whenever the owner or operator
installs a monitoring system to meet the requirements of this subpart
in a location where no such monitoring system was previously installed,
initial certification in accordance with Sec.  75.20 of this chapter is
required.
    (2) Requirements for recertification. Whenever the owner or
operator makes a replacement, modification, or change in any certified
continuous emission monitoring system, or an excepted monitoring system
(sorbent trap monitoring system) under Sec.  75.15, under Sec.
62.15970(a)(1) that may significantly affect the ability of the system
to accurately measure or record Hg mass emissions or heat input rate or
to meet the quality-assurance and quality-control requirements of Sec.
75.21 of this chapter or appendix B to part 75 of this chapter, the
owner or operator shall recertify the monitoring system in accordance
with Sec.  75.20(b) of this chapter. Furthermore, whenever the owner or
operator makes a replacement, modification, or change to the flue gas
handling system or the unit's operation that may significantly change
the stack flow or concentration profile, the owner or operator shall
recertify each continuous emission monitoring system, and each excepted
monitoring system (sorbent trap monitoring system) under Sec.  75.15,
whose accuracy is potentially affected by the change, in accordance
with Sec.  75.20(b) of this chapter. Examples of changes to a
continuous emission monitoring system that require recertification
include replacement of the analyzer, complete replacement of an
existing continuous emission monitoring system, or change in location
or orientation of the sampling probe or site.
    (3) Approval process for initial certification and recertification.
Paragraphs (c)(3)(i) through (iv) of this section apply to both initial
certification and recertification of a continuous monitoring system
under Sec.  62.15970(a)(1). For recertifications, replace the words
``certification'' and ``initial certification'' with the word
``recertification'', replace the word ``certified'' with the word
``recertified'',

and follow the procedures in Sec.  75.20(b)(5) of this chapter in lieu
of the procedures in paragraph (c)(3)(v) of this section.
    (i) Notification of certification. The Hg designated representative
shall submit to the Administrator and the appropriate EPA Regional
Office written notice of the dates of certification testing, in
accordance with Sec.  62.15973.
    (ii) Certification application. The Hg designated representative
shall submit to the Administrator a certification application for each
monitoring system. A complete certification application shall include
the information specified in Sec.  75.63 of this chapter.
    (iii) Provisional certification date. The provisional certification
date for a monitoring system shall be determined in accordance with
Sec.  75.20(a)(3) of this chapter. A provisionally certified monitoring
system may be used under the Hg Budget Trading Program for a period not
to exceed 120 days after receipt by the Administrator of the complete
certification application for the monitoring system under paragraph
(c)(3)(ii) of this section. Data measured and recorded by the
provisionally certified monitoring system, in accordance with the
requirements of part 75 of this chapter, will be considered valid
quality-assured data (retroactive to the date and time of provisional
certification), provided that the Administrator does not invalidate the
provisional certification by issuing a notice of disapproval within 120
days of the date of receipt of the complete certification application
by the Administrator.
    (iv) Certification application approval process. The Administrator
will issue a written notice of approval or disapproval of the
certification application to the owner or operator within 120 days of
receipt of the complete certification application under paragraph
(c)(3)(ii) of this section. In the event the Administrator does not
issue such a notice within such 120-day period, each monitoring system
that meets the applicable performance requirements of part 75 of this
chapter and is included in the certification application will be deemed
certified for use under the Hg Budget Trading Program.
    (A) Approval notice. If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of part 75 of this chapter, then the Administrator will
issue a written notice of approval of the certification application
within 120 days of receipt.
    (B) Incomplete application notice. If the certification application
is not complete, then the Administrator will issue a written notice of
incompleteness that sets a reasonable date by which the Hg designated
representative must submit the additional information required to
complete the certification application. If the Hg designated
representative does not comply with the notice of incompleteness by the
specified date, then the Administrator may issue a notice of
disapproval under paragraph (c)(3)(iv)(C) of this section. The 120-day
review period shall not begin before receipt of a complete
certification application.
    (C) Disapproval notice. If the certification application shows that
any monitoring system does not meet the performance requirements of
part 75 of this chapter or if the certification application is
incomplete and the requirement for disapproval under paragraph
(c)(3)(iv)(B) of this section is met, then the Administrator will issue
a written notice of disapproval of the certification application. Upon
issuance of such notice of disapproval, the provisional certification
is invalidated by the Administrator and the data measured and recorded
by each uncertified monitoring system shall not be considered valid
quality-assured data beginning with the date and hour of provisional
certification (as defined under Sec.  75.20(a)(3) of this chapter). The
owner or operator shall follow the procedures for loss of certification
in paragraph (c)(3)(v) of this section for each monitoring system that
is disapproved for initial certification.
    (D) Audit decertification. The Administrator may issue a notice of
disapproval of the certification status of a monitor in accordance with
Sec.  62.15972(b).
    (v) Procedures for loss of certification. If the Administrator
issues a notice of disapproval of a certification application under
paragraph (c)(3)(iv)(C) of this section or a notice of disapproval of
certification status under paragraph (c)(3)(iv)(D) of this section,
then:
    (A) The owner or operator shall substitute the following values,
for each disapproved monitoring system, for each hour of unit operation
during the period of invalid data specified under Sec.
75.20(a)(4)(iii) or Sec.  75.21(e) of this chapter and continuing until
the applicable date and hour specified under Sec.  75.20(a)(5)(i) of
this chapter:
    (1) For a disapproved Hg pollutant concentration monitors and
disapproved flow monitor, respectively, the maximum potential
concentration of Hg and the maximum potential flow rate, as defined in
sections <IP_ADDRESS> and <IP_ADDRESS> of appendix A to part 75 of this chapter.
    (2) For a disapproved moisture monitoring system and disapproved
diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, <IP_ADDRESS>, and <IP_ADDRESS> of
appendix A to part 75 of this chapter.
    (3) For a disapproved excepted monitoring system (sorbent trap
monitoring system) under Sec.  75.15 and disapproved flow monitor,
respectively, the maximum potential concentration of Hg and maximum
potential flow rate, as defined in sections <IP_ADDRESS> and <IP_ADDRESS> of
appendix A to part 75 of this chapter.
    (B) The Hg designated representative shall submit a notification of
certification retest dates and a new certification application in
accordance with paragraphs (c)(3)(i) and (ii) of this section.
    (C) The owner or operator shall repeat all certification tests or
other requirements that were failed by the monitoring system, as
indicated in the Administrator's notice of disapproval, no later than
30 unit operating days after the date of issuance of the notice of
disapproval.
    (d) Initial certification and recertification procedures for units
using the Hg low mass emission excepted methodology under Sec.
75.81(b) of this chapter. The owner or operator of a unit qualified to
use the Hg low mass emissions (HgLME) excepted methodology under Sec.
75.81(b) of this chapter shall meet the applicable certification and
recertification requirements in Sec.  75.81(c) through (f) of this
chapter.
    (e) Certification/recertification procedures for alternative
monitoring systems. The Hg designated representative of each unit for
which the owner or operator intends to use an alternative monitoring
system approved by the Administrator under subpart E of part 75 of this
chapter shall comply with the applicable notification and application
procedures of Sec.  75.20(f) of this chapter.

Sec.  62.15972  Out of control periods.

    (a) Whenever any monitoring system fails to meet the quality-
assurance and quality-control requirements or data validation
requirements of part 75 of this chapter, data shall be substituted
using the applicable missing data procedures in subpart D of part 75 of
this chapter.
    (b) Audit decertification. Whenever both an audit of a monitoring
system

and a review of the initial certification or recertification
application reveal that any monitoring system should not have been
certified or recertified because it did not meet a particular
performance specification or other requirement under Sec.  62.15971 or
the applicable provisions of part 75 of this chapter, both at the time
of the initial certification or recertification application submission
and at the time of the audit, the Administrator will issue a notice of
disapproval of the certification status of such monitoring system. For
the purposes of this paragraph, an audit shall be either a field audit
or an audit of any information submitted to the permitting authority or
the Administrator. By issuing the notice of disapproval, the
Administrator revokes prospectively the certification status of the
monitoring system. The data measured and recorded by the monitoring
system shall not be considered valid quality-assured data from the date
of issuance of the notification of the revoked certification status
until the date and time that the owner or operator completes
subsequently approved initial certification or recertification tests
for the monitoring system. The owner or operator shall follow the
applicable initial certification or recertification procedures in Sec.
62.15971 for each disapproved monitoring system.

Sec.  62.15973  Notifications.

    The Hg designated representative for a Hg Budget unit shall submit
written notice to the Administrator in accordance with Sec.  75.61 of
this chapter.

Sec.  62.15974  Recordkeeping and reporting.

    (a) General provisions. The Hg designated representative shall
comply with all recordkeeping and reporting requirements in this
section, the applicable recordkeeping and reporting requirements of
Sec.  75.84 of this chapter, and the requirements of Sec.
62.15910(e)(1).
    (b) Monitoring plans. The owner or operator of a Hg Budget unit
shall comply with requirements of Sec.  75.84(e) of this chapter.
    (c) Certification applications. The Hg designated representative
shall submit an application to the Administrator within 45 days after
completing all initial certification or recertification tests required
under Sec.  62.15971, including the information required under Sec.
75.63 of this chapter.
    (d) Quarterly reports. The Hg designated representative shall
submit quarterly reports, as follows:
    (1) The Hg designated representative shall report the Hg mass
emissions data and heat input data for the Hg Budget unit, in an
electronic quarterly report in a format prescribed by the
Administrator, for each calendar quarter beginning with:
    (i) For a unit that commences commercial operation before July 1,
2008, the calendar quarter covering January 1, 2009 through March 31,
2009; or
    (ii) For a unit that commences commercial operation on or after
July 1, 2008, the calendar quarter corresponding to the earlier of the
date of provisional certification or the applicable deadline for
initial certification under Sec.  62.15970(b), unless that quarter is
the third or fourth quarter of 2008, in which case reporting shall
commence in the quarter covering January 1, 2009 through March 31,
2009.
    (2) The Hg designated representative shall submit each quarterly
report to the Administrator within 30 days following the end of the
calendar quarter covered by the report. Quarterly reports shall be
submitted in the manner specified in Sec.  75.84(f) of this chapter.
    (3) For Hg Budget units that are also subject to an Acid Rain
emissions limitation or the CAIR NOX Annual Trading Program,
CAIR SO2 Trading Program, or CAIR NOX Ozone
Season Trading Program, quarterly reports shall include the applicable
data and information required by subparts F through H of part 75 of
this chapter as applicable, in addition to the Hg mass emission data,
heat input data, and other information required by this section,
Sec. Sec.  62.15970 through 62.15973, and Sec.  62.15975.
    (e) Compliance certification. The Hg designated representative
shall submit to the Administrator a compliance certification (in a
format prescribed by the Administrator) in support of each quarterly
report based on reasonable inquiry of those persons with primary
responsibility for ensuring that all of the unit's emissions are
correctly and fully monitored. The certification shall state that:
    (1) The monitoring data submitted were recorded in accordance with
the applicable requirements by this section, Sec. Sec.  62.15970
through 62.15973, Sec.  62.15975, and part 75 of this chapter,
including the quality assurance procedures and specifications; and
    (2) For a unit with add-on Hg emission controls, a flue gas
desulfurization system, a selective catalytic reduction system, or a
compact hybrid particulate collector system and for all hours where Hg
data are substituted in accordance with Sec.  75.34(a)(1) of this
chapter,
    (i)(A) The Hg add-on emission controls, flue gas desulfurization
system, selective catalytic reduction system, or compact hybrid
particulate collector system were operating within the range of
parameters listed in the quality assurance/quality control program
under appendix B to part 75 of this chapter, or
    (B) With regard to a flue gas desulfurization system or a selective
catalytic reduction system, quality-assured SO2 emission
data recorded in accordance with part 75 of this chapter document that
the flue gas desulfurization system was operating properly or quality-
assured NOX emission data recorded in accordance with part
75 of this chapter document that the selective catalytic reduction
system was operating properly, as applicable, and
    (ii) The substitute data values do not systematically underestimate
Hg emissions.

Sec.  62.15975  Petitions.

    The Hg designated representative of a Hg Budget unit may submit a
petition under Sec.  75.66 of this chapter to the Administrator
requesting approval to apply an alternative to any requirement of
Sec. Sec.  62.15970 through 62.15974. Application of an alternative to
any requirement of Sec. Sec.  62.15970 through 62.15974 is in
accordance with this section and Sec. Sec.  62.15970 through 62.15974
only to the extent that the petition is approved in writing by the
Administrator, in consultation with the permitting authority.

Appendix A to Subpart LLL of Part 62--States With Approved State
Allocation Methodology

    The following States have a State allocation methodology under
Sec.  52.24(h)(9) of this chapter approved by the Administrator and
providing for allocation of Hg allowances by the permitting authority
under Sec.  62.15943(a):
    [Reserved]

PART 72--PERMITS REGULATION

    33. The authority citation for part 72 continues to read as
follows:

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

Sec.  72.22  [Amended]

    34. Section 72.22 is amended as follows:
    a. In paragraph (b), by revising the words ``an action,
representation, or failure to act'' to read ``a representation, action,
inaction, or submission''; and
    b. Removing paragraph (e).

PART 78--APPEAL PROCEDURES

    35. The authority citation for part 78 is revised to read as
follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, and
7651, et seq.

    36. Section 78.1 is amended as follows:
    a. In paragraph (a)(1), revising the words ``under part 72'' to
read ``under subpart HHHH of part 60 of this chapter or State
regulations approved under Sec.  60.24(h)(6) of this chapter, subpart
LLL of part 62 of this chapter, parts 72''; and
    b. Adding new paragraphs (b)(13) and (b)(14) to read as follows:

Sec.  78.1  Purpose and scope.

* * * * *
    (b) * * *
    (13) Under subpart HHHH of part 60 of this chapter,
    (i) The decision on the allocation of Hg allowances under
Sec. Sec.  60.4140 through 60.4142 of this chapter.
    (ii) The decision on the deduction of Hg allowances, and the
adjustment of the information in a submission and the decision on the
deduction or transfer of Hg allowances based on the information as
adjusted, under Sec.  60.4154 of this chapter;
    (iii) The correction of an error in a Hg Allowance Tracking System
account under Sec.  60.4156 of this chapter;
    (iv) The decision on the transfer of Hg allowances under Sec.
60.4161 of this chapter;
    (v) The finalization of control period emissions data, including
retroactive adjustment based on audit;
    (vi) The approval or disapproval of a petition under Sec.  60.4175
of this chapter.
    (14) Under subpart LLL of part 62 of this chapter,
    (i) The decision on the allocation of Hg allowances under
Sec. Sec.  62.15940 through 62.15942 of part 62 of this chapter.
    (ii) The decision on the deduction of Hg allowances, and the
adjustment of the information in a submission and the decision on the
deduction or transfer of Hg allowances based on the information as
adjusted, under Sec.  62.15954 of this chapter;
    (iii) The correction of an error in a Hg Allowance Tracking System
account under Sec.  62.15956 of this chapter;
    (iv) The decision on the transfer of Hg allowances under Sec.
62.15961;
    (v) The finalization of control period emissions data, including
retroactive adjustment based on audit;
    (vi) The approval or disapproval of a petition under Sec.  62.15975
of this chapter.
* * * * *
    37. Section 78.3 is amended as follows:
    a. By adding new paragraphs (a)(10), (a)(11), (d)(11), and (d)(12);
    b. In paragraph (b)(3)(i), by adding the words ``or the Hg
designated representative or Hg authorized account representative under
paragraph (a)(10) or (11) of this section (unless the Hg designated
representative or Hg authorized account representative is the
petitioner) after the words ``(unless the CAIR designated
representative or CAIR authorized account representative is the
petitioner)'';
    c. In paragraph (d)(3), by adding the words ``or a certificate of
representation submitted by a Hg designated representative or an
application of a general account submitted by a Hg authorized account
representative under subpart HHHH of part 60 of this chapter or subpart
LLL of part 62 of this chapter'' after the words ``subparts AAAA
through IIII of part 96 of this chapter, or under part 97 of this
chapter'':

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

    (a) * * *
    (10) The following persons may petition for administrative review
of a decision of the Administrator that is made under subpart HHHH of
part 60 of this chapter and that is appealable under Sec.  78.1(a):
    (i) The Hg designated representative for a unit or source, or the
Hg authorized account representative for any Hg Allowance Tracking
System account, covered by the decision; or
    (ii) Any interested person.
    (11) The following persons may petition for administrative review
of a decision of the Administrator that is made under subpart LLL of
part 62 and that is appealable under Sec.  78.1(a):
    (i) The Hg designated representative for a unit or source, or the
Hg authorized account representative for any Hg Allowance Tracking
System account, covered by the decision; or
    (ii) Any interested person.
* * * * *
    (d) * * *
    (11) Any provision or requirement of subpart HHHH of part 60 of
this chapter, including the standard requirements under Sec.  60.4106
of this chapter and any emission monitoring or reporting requirements.
    (12) Any provision or requirement of subpart LLL of part 62 of this
chapter, including the standard requirements under Sec.  97.206 of this
chapter and any emission monitoring or reporting requirements.

[FR Doc. E6-21573 Filed 12-21-06; 8:45 am]

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[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66836-66837]
[FR Doc No: 2012-27058]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0390; FRL-9367-4]

Notice of Receipt of Pesticide Products; Registration
Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received applications to register pesticide products
containing an active ingredient not included in any currently
registered pesticide products. Pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act

(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before December 7, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the EPA File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each registration application summary and may be contacted by
telephone, email, or mail. Mail correspondence to the Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA has received applications to register pesticide products
containing an active ingredient not included in any currently
registered pesticide products. Pursuant to the provisions of FIFRA
section 3(c)(4), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under the Agency's public
participation process for registration actions, there will be an
additional opportunity for a 30-day public comment period on the
proposed decision. Please see the Agency's public participation Web
site for additional information on this process (http://www.epa.gov/pesticides/regulating/registration-public-involvement.html). EPA
received the following applications to register pesticide products
containing an active ingredient not included in any currently
registered products:
    1. EPA File Symbol: 80286-RO. Docket ID Number: EPA-HQ-OPP-2012-
0787. Applicant: ISCA Technologies, Inc., 1230 West Spring Street,
Riverside, CA 92507. Active ingredient: Biochemical Pheromone (Mating
Disruptor) with Carob Moth Pheromone Mimic (7,9,11-Dodecatrien-1-ol,
formate at 90.8%. Product Type: Pheromone (Mating Disruptor). Proposed
Uses: Manufacturing Use Product. Contact: Chris Pfeifer, (703) 308-
0031, email address<EMAIL_ADDRESS>    2. EPA File Symbol: 80286-RI. Docket ID Number: EPA-HQ-OPP-2012-
0787. Applicant: ISCA Technologies, Inc., 1230 West Spring Street,
Riverside, CA 92507. Active ingredient: Biochemical Pheromone (Mating
Disruptor) with Carob Moth Pheromone Mimic (7,9,11-Dodecatrien-1-ol,
formate at 2%. Product Type: Biochemical Pheromone. Proposed Use:
Pheromone (Mating Disruptor). Contact: Chris Pfeifer,<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: October 26, 2012.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2012-27058 Filed 11-6-12; 8:45 am]
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