30. Section 52.984 is amended by adding new paragraphs (c) and (d) to
read as follows:

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

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.
    (d)(1) The owner and operator of each source and each unit located
in the State of Louisiana and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Louisiana's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Louisiana's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Louisiana's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

Subpart V--Maryland

0
31. Section 52.1084 is added to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Maryland's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
32. Section 52.1085 is added to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under
the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart X--Michigan

0
33. Section 52.1186 is amended by adding new paragraphs (c) and (d) to
read as follows:

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

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.
    (d)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of

subpart AAAAA of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (e) [Reserved]

0
34. Section 52.1187 is amended by designating the existing text as
paragraph (a) and adding new paragraphs (b) and (c) to read as follows:

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

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
    (c)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart Y--Minnesota

0
35. Section 52.1240 is amended by adding paragraph (c) to read as
follows:

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

* * * * *
    (c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

0
36. Section 52.1241 is amended by adding paragraph (c) to read as
follows:

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

* * * * *
    (c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart Z--Mississippi

0
37. Section 52.1284 is added to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of

this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Mississippi's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

Subpart AA--Missouri

0
38. Section 52.1326 is added to read as follows:

Sec.  52.1326  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Missouri and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Missouri's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b) [Reserved]

0
39. Section 52.1327 is added to read as follows:

Sec.  52.1327  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under
the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Missouri's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart CC--Nebraska

0
40. Section 52.1428 is added to read as follows:

Sec.  52.1428  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Nebraska's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Nebraska's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Nebraska's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

0
41. Section 52.1429 is added to read as follows:

Sec.  52.1429  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Nebraska's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to

sources and units located in Indian country within the borders of the
State will not be eliminated by the promulgation of an approval by the
Administrator of a revision to Nebraska's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Nebraska's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart FF--New Jersey

0
42. Section 52.1584 is amended by adding new paragraphs (c), (d), and
(e) to read as follows:

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

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.
    (d)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR NOX Annual Trading Program in subpart AAAAA of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to New
Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(a), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of New Jersey's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (e)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR NOX Ozone Season Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements.
The obligation to comply with such requirements will be eliminated by
the promulgation of an approval by the Administrator of a revision to
New Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (e)(1) of this
section, if, at the time of the approval of New Jersey's SIP revision
described in paragraph (e)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
43. Section 52.1585 is amended by designating the existing text as
paragraph (a) and adding new paragraphs (b) and (c) to read as follows:

Sec.  52.1585  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
    (c)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR SO2 Group 1 Trading Program in subpart CCCCC of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to New
Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.39, except to the extent the Administrator's approval is
partial or conditional.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of New Jersey's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation

of TR SO2 Group 1 allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

Subpart HH--New York

0
44. Section 52.1684 is revised to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
45. Section 52.1685 is added to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart II--North Carolina

0
46. Section 52.1784 is revised to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of North Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec.  52.38(a), except to
the extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of North Carolina's SIP
revision described in paragraph (a)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in the State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall

continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of North Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec.  52.38(b), except to
the extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of North Carolina's SIP
revision described in paragraph (b)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97
of this chapter to units in the State for a control period in any year,
the provisions of subpart BBBBB of part 97 of this chapter authorizing
the Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

0
47. Section 52.1785 is revised to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of North Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of North Carolina's SIP
revision described in paragraph (a) of this section, the Administrator
has already started recording any allocations of TR SO2
Group 1 allowances under subpart CCCCC of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart CCCCC of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart KK--Ohio

0
48. Section 52.1882 is added to read as follows:

Sec.  52.1882  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Ohio and for which requirements are set forth under the
TR NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Ohio's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Ohio's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Ohio and for which requirements are set forth under the
TR NOX Ozone Season Trading Program in subpart BBBBB of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Ohio's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(b),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Ohio's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
49. Section 52.1883 is added to read as follows:

Sec.  52.1883  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Ohio and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Ohio's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Ohio's SIP

revision described in paragraph (a) of this section, the Administrator
has already started recording any allocations of TR SO2
Group 1 allowances under subpart CCCCC of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart CCCCC of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart NN--Pennsylvania

0
50. Section 52.2040 is added to read as follows:

Sec.  52.2040  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Pennsylvania and for which requirements are set forth
under the TR NOX Annual Trading Program in subpart AAAAA of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(a), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Pennsylvania's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Pennsylvania and for which requirements are set forth
under the TR NOX Ozone Season Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements.
The obligation to comply with such requirements will be eliminated by
the promulgation of an approval by the Administrator of a revision to
Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Pennsylvania's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
51. Section 52.2041 is added to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of Pennsylvania and for which requirements are set forth
under the TR SO2 Group 1 Trading Program in subpart CCCCC of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Pennsylvania's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.39, except to the extent the Administrator's approval is
partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Pennsylvania's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart PP--South Carolina

0
52. Section 52.2140 is revised to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of South Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to South Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec.  52.38(a), except to
the extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to South Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of South Carolina's SIP
revision described in paragraph (a)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in the State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of South Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be

eliminated by the promulgation of an approval by the Administrator of a
revision to South Carolina's State Implementation Plan (SIP) as
correcting in part the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec.  52.38(b), except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to South Carolina's SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of South Carolina's SIP
revision described in paragraph (b)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97
of this chapter to units in the State for a control period in any year,
the provisions of subpart BBBBB of part 97 of this chapter authorizing
the Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

0
53. Section 52.2141 is revised to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of South Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to South Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to South Carolina's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of South Carolina's SIP
revision described in paragraph (a) of this section, the Administrator
has already started recording any allocations of TR SO2
Group 1 allowances under subpart CCCCC of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart CCCCC of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart RR--Tennessee

0
54. Section 52.2240 is amended by adding new paragraphs (c), (d), and
(e) to read as follows:

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

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.
    (d)(1) The owner and operator of each source and each unit located
in the State of Tennessee and for which requirements are set forth
under the TR NOX Annual Trading Program in subpart AAAAA of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Tennessee's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(a), except to the extent the Administrator's approval
is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in Indian country
within the borders of the State will not be eliminated by the
promulgation of an approval by the Administrator of a revision to
Tennessee's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Tennessee's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (e)(1) The owner and operator of each source and each unit located
in the State of Tennessee and for which requirements are set forth
under the TR NOX Ozone Season Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements.
The obligation to comply with such requirements will be eliminated by
the promulgation of an approval by the Administrator of a revision to
Tennessee's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in Indian country
within the borders of the State will not be eliminated by the
promulgation of an

approval by the Administrator of a revision to Tennessee's SIP.
    (2) Notwithstanding the provisions of paragraph (e)(1) of this
section, if, at the time of the approval of Tennessee's SIP revision
described in paragraph (e)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
55. Section 52.2241 is amended by designating the existing text as
paragraph (a) and adding new paragraphs (b) and (c) to read as follows:

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

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
    (c)(1) The owner and operator of each source and each unit located
in the State of Tennessee and for which requirements are set forth
under the TR SO2 Group 1 Trading Program in subpart CCCCC of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Tennessee's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.39, except to the extent the Administrator's approval is
partial or conditional. The obligation to comply with such requirements
with regard to sources and units located in Indian country within the
borders of the State will not be eliminated by the promulgation of an
approval by the Administrator of a revision to Tennessee's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Tennessee's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart SS--Texas

0
56. Section 52.2283 is amended by adding new paragraphs (b), (c) and
(d) to read as follows:

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

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AA through II of part 97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraph (a) of this section relating to
NOX annual emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II of part 97 of
this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods.
    (c)(1) The owner and operator of each source and each unit located
in the State of Texas and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Texas' State Implementation Plan (SIP)
as correcting in part the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec.  52.38(a), except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Texas' SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Texas' SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (d)(1) The owner and operator of each source and each unit located
in the State of Texas and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Texas' State Implementation Plan (SIP)
as correcting in part the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec.  52.38(b), except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Texas' SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Texas' SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this

chapter to units in the State for a control period in any year, the
provisions of subpart BBBBB of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

0
57. Section 52.2284 is amended by designating the existing text as
paragraph (a) and adding new paragraphs (b) and (c) to read as follows:

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

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
    (c)(1) The owner and operator of each source and each unit located
in the State of Texas and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Texas' State Implementation Plan (SIP)
as correcting in part the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec.  52.39, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Texas' SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Texas' SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart VV--Virginia

0
58. Section 52.2440 is added to read as follows:

Sec.  52.2440  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Virginia and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Virginia's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Virginia's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Virginia and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Virginia's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Virginia's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
59. Section 52.2241 is added to read as follows:

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

    (a) The owner and operator of each source and each unit located in
the State of Virginia and for which requirements are set forth under
the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Virginia's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Virginia's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart XX--West Virginia

0
60. Section 52.2540 is added to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of West Virginia and for which requirements are set forth
under the TR NOX Annual Trading Program in subpart AAAAA of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to West
Virginia's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(a), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of West Virginia's SIP
revision described in paragraph (a)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in the State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of West Virginia and for which requirements are set forth
under the TR NOX Ozone Season Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements.
The obligation to comply with such requirements will be eliminated by
the promulgation of an approval by the Administrator of a revision to
West Virginia's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of West Virginia's SIP
revision described in paragraph (b)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97
of this chapter to units in the State for a control period in any year,
the provisions of subpart BBBBB of part 97 of this chapter authorizing
the Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

0
61. Section 52.2541 is added to read as follows:

Sec.  52.2541  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of West Virginia and for which requirements are set forth
under the TR SO2 Group 1 Trading Program in subpart CCCCC of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to West
Virginia's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.39, except to the extent the Administrator's approval is
partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of West Virginia's SIP
revision described in paragraph (a) of this section, the Administrator
has already started recording any allocations of TR SO2
Group 1 allowances under subpart CCCCC of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart CCCCC of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart YY--Wisconsin

0
62. Section 52.2587 is amended by adding new paragraphs (c) and (d) to
read as follows:

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

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.
    (d)(1) The owner and operator of each source and each unit located
in the State of Wisconsin and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Wisconsin's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Wisconsin's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the

time of the approval of Wisconsin's SIP revision described in paragraph
(d)(1) of this section, the Administrator has already started recording
any allocations of TR NOX Annual allowances under subpart
AAAAA of part 97 of this chapter to units in the State for a control
period in any year, the provisions of subpart AAAAA of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of TR NOX Annual allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

0
63. Section 52.2588 is amended by designating the existing text as
paragraph (a) and adding new paragraphs (b) and (c) to read as follows:

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

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
    (c)(1) The owner and operator of each source and each unit located
in the State of Wisconsin and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Wisconsin's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Wisconsin's SIP.
    (2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Wisconsin's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

PART 72--[AMENDED]

0
64. The authority citation for part 72 is revised to read as follows:

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

Sec.  72.2  [Amended]

0
65. Section 72.2 is amended by removing the definition of ``Interested
person''.

PART 78--[AMENDED]

0
66. The authority citation for part 78 continues to read as follows:

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

0
67. Section 78.1 is amended by adding paragraphs (b)(13) through
(b)(16) to read as follows:

Sec.  78.1  Purpose and scope.

* * * * *
    (b) * * *
    (13) Under subpart AAAAA of part 97 of this chapter,
    (i) The decision on allocation of TR NOX Annual
allowances under Sec.  97.411(a)(2) and (b) of this chapter.
    (ii) The decision on the transfer of TR NOX Annual
allowances under Sec.  97.423 of this chapter.
    (iii) The decision on the deduction of TR NOX Annual
allowances under Sec. Sec.  97.424 and 97.425 of this chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.427 of this chapter.
    (v) The adjustment of information in a submission and the decision
on the deduction and transfer of TR NOX Annual allowances
based on the information as adjusted under Sec.  97.428 of this
chapter.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.435
of this chapter.
    (14) Under subpart BBBBB of part 97 of this chapter,
    (i) The decision on allocation of TR NOX Ozone Season
allowances under Sec.  97.511(a)(2) and (b) of this chapter.
    (ii) The decision on the transfer of TR NOX Ozone Season
allowances under Sec.  97.523 of this chapter.
    (iii) The decision on the deduction of TR NOX Ozone
Season allowances under Sec. Sec.  97.524 and 97.525 of this chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.527 of this chapter.
    (v) The adjustment of information in a submission and the decision
on the deduction and transfer of TR NOX Ozone Season
allowances based on the information as adjusted under Sec.  97.528 of
this chapter.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.535
of this chapter.
    (15) Under subpart CCCCC of part 97 of this chapter,
    (i) The decision on allocation of TR SO2 Group 1
allowances under Sec.  97.611(a)(2) and (b) of this chapter.
    (ii) The decision on the transfer of TR SO2 Group 1
allowances under Sec.  97.623 of this chapter.
    (iii) The decision on the deduction of TR SO2 Group 1
allowances under Sec. Sec.  97.624 and 97.625 of this chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.627 of this chapter.
    (v) The adjustment of information in a submission and the decision
on the deduction and transfer of TR SO2 Group 1 allowances
based on the information as adjusted under Sec.  97.628 of this
chapter.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.635
of this chapter.
    (16) Under subpart DDDDD of part 97 of this chapter,
    (i) The decision on allocation of TR SO2 Group 2
allowances under Sec.  97.711(a)(2) and (b) of this chapter.
    (ii) The decision on the transfer of TR SO2 Group 1
allowances under Sec.  97.723 of this chapter.
    (iii) The decision on the deduction of TR SO2 Group 1
allowances under Sec. Sec.  97.724 and 97.725 of this chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.727 of this chapter.
    (v) The adjustment of information in a submission and the decision
on the

deduction and transfer of TR SO2 Group 1 allowances based on
the information as adjusted under Sec.  97.728 of this chapter.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.735
of this chapter.
* * * * *

0
68. Section 78.2 is revised to read as follows:

Sec.  78.2  General.

    (a) Definitions. (1) The terms used in this subpart with regard to
a decision of the Administrator that is appealed under this section
shall have the meaning as set forth in the regulations under which the
Administrator made such decision and as set forth in paragraph (a)(2)
of this section.
    (2) Interested person means, with regard to a decision of the
Administrator:
    (i) Any person who submitted comments, or testified at a public
hearing, pursuant to an opportunity for comment provided by the
Administrator as part of the process of making such decision;
    (ii) Who submitted objections pursuant to an opportunity for
objections provided by the Administrator as part of the process of
making such decision; or
    (iii) Who submitted, to the Administrator and in a format
prescribed by the Administrator, his or her name, service address,
telephone number, and facsimile number and identified such decision in
order to be placed on a list of persons interested in such decision;
    (iv) Provided that the Administrator may update the list of
interested persons from time to time by requesting additional written
indication of continued interest from the persons listed and may delete
from the list the name of any person failing to respond as requested.
    (b) Availability of information. The availability to the public of
information provided to, or otherwise obtained by, the Administrator
under this subpart shall be governed by part 2 of this chapter.
    (c) Computation of time. (1) In computing any period of time
prescribed or allowed under this part, except as otherwise provided,
the day of the event from which the period begins to run shall not be
included, and Saturdays, Sundays, and federal holidays shall be
included. When the period ends on a Saturday, Sunday, or federal
holiday, the stated period shall be extended to include the next
business day.
    (2) Where a document is served by first class mail or commercial
delivery service, but not by overnight or same-day delivery, 5 days
shall be added to the time prescribed or allowed under this part for
the filing of a responsive document or for otherwise responding.

0
69. Section 78.3 is amended by:
0
a. In paragraphs (a)(1)(iii), (a)(3)(ii), (a)(4)(ii), (a)(5)(ii),
(a)(6)(ii), (a)(7)(ii), (a)(8)(ii), and (a)(9)(ii), adding, after the
word ``person'', the words ``with regard to the decision''.
0
b. Adding paragraph (a)(10);
0
c. In paragraph (b)(3)(i), removing the words ``paragraph (a)(1) and
(2)'' and adding, in their place, the words ``paragraph (a)(1), (2),
and (10)''; and
0
d. Adding paragraph (d)(11) to read as follows:

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

    (a) * * *
    (10) The following persons may petition for administrative review
of a decision of the Administrator that is made under subparts AAAAA,
BBBBB, CCCCC, and DDDDD of part 97 of this chapter:
    (i) The designated representative for a unit or source, or the
authorized account representative for any Allowance Management System
account, covered by the decision; or
    (ii) Any interested person with regard to the decision.
* * * * *
    (d) * * *
    (11) Any provision or requirement of subparts AAAAA, BBBBB, CCCCC,
or DDDDD of part 97 of this chapter, including the standard
requirements under Sec.  97.406, Sec.  97.506, Sec.  97.606, or Sec.
97.706 of this chapter and any emission monitoring or reporting
requirements.
* * * * *

0
70. Section 78.4 is amended by:
0
a. Revising paragraph (a) by:
0
i. Removing the first, second, third, fourth, fifth, and last
sentences;
0
ii. In the sixth and seventh sentences, removing the words ``interest
in'' and adding, in their place, the words ``ownership interest with
respect to'';
0
iii. Redesignating the paragraph as paragraph (a)(1)(iii); and
0
b. Adding paragraphs (a)(1) introductory text, (a)(1)(i), and
(a)(1)(ii); and
0
c. Revising paragraph (a)(2) to read as follows:

Sec.  78.4  Filings.

    (a)(1) All original filings made under this part shall be signed by
the person making the filing or by an attorney or authorized
representative, in accordance with the following requirements:
    (i) Any filings on behalf of owners and operators of a affected
unit or affected source, TR NOX Annual unit or TR
NOX Annual source, TR NOX Ozone Season unit or TR
NOX Ozone Season source, TR SO2 Group 1 unit or
TR SO2 Group 1 source, TR SO2 Group 2 unit or TR
SO2 Group 2 source, or a unit for which a TR opt-in
application is submitted and not withdrawn shall be signed by the
designated representative. Any filing on behalf of persons with an
ownership interest with respect to allowances, TR NOX Annual
allowances, TR NOX Ozone Season allowances, TR
SO2 Group 1 allowances, or TR SO2 Group 2
allowances in a general account shall be signed by the authorized
account representative.
    (ii) Any filings on behalf of owners and operators of a
NOX Budget unit or NOX Budget source shall be
signed by the NOX authorized account representative. Any
filing on behalf of persons with an ownership interest with respect to
NOX allowances in a general account shall be signed by the
NOX authorized account representative.
* * * * *
    (2) The name, address, e-mail address (if any), telephone number,
and facsimile number (if any) of the person making the filing shall be
provided with the filing.
* * * * *

Sec.  78.5  [Amended]

0
71. Section 78.5 is amended by, in paragraph (a):
0
a. Removing the words ``public comment prior to'' and adding, in their
place, the words ``submission of public comments or objections prior
to'';
0
b. Removing the words ``public comment period'' whenever they appear
and adding, in their place, the words ``period for submission of public
comments or objections''.

Sec.  78.12  [Amended]

0
72. Section 78.12 is amended by, in paragraph (a), removing the words
``public comment'' and adding, in their place, the words ``submission
of public comments or objections''.

PART 97--[AMENDED]

0
73. The authority citation for part 97 continues to read as follows:
    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.

0
74. Part 97 is amended by adding subpart AAAAA to read as follows:

Subpart AAAAA--TR NOX Annual Trading Program
97.401 Purpose.
97.402 Definitions.
97.403 Measurements, abbreviations, and acronyms.
97.404 Applicability.
97.405 Retired unit exemption.
97.406 Standard requirements.
97.407 Computation of time.
97.408 Administrative appeal procedures.
97.409 [Reserved]
97.410 State NOX Annual trading budgets, new unit set-
asides, Indian country new unit set-asides and variability limits.
97.411 Timing requirements for TR NOX Annual allowance
allocations.
97.412 TR NOX Annual allowance allocations to new units.
97.413 Authorization of designated representative and alternate
designated representative.
97.414 Responsibilities of designated representative and alternate
designated representative.
97.415 Changing designated representative and alternate designated
representative; changes in owners and operators.
97.416 Certificate of representation.
97.417 Objections concerning designated representative and alternate
designated representative.
97.418 Delegation by designated representative and alternate
designated representative.
97.419 [Reserved]
97.420 Establishment of compliance accounts and general accounts.
97.421 Recordation of TR NOX Annual allowance
allocations.
97.422 Submission of TR NOX Annual allowance transfers.
97.423 Recordation of TR NOX Annual allowance transfers.
97.424 Compliance with TR NOX Annual emissions
limitation.
97.425 Compliance with TR NOX Annual assurance
provisions.
97.426 Banking.
97.427 Account error.
97.428 Administrator's action on submissions.
97.429 [RESERVED]
97.430 General monitoring, recordkeeping, and reporting
requirements.
97.431 Initial monitoring system certification and recertification
procedures.
97.432 Monitoring system out-of-control periods.
97.433 Notifications concerning monitoring.
97.434 Recordkeeping and reporting.
97.435 Petitions for alternatives to monitoring, recordkeeping, or
reporting requirements.

Subpart AAAAA--TR NOX Annual Trading Program

Sec.  97.401  Purpose.

    This subpart sets forth the general, designated representative,
allowance, and monitoring provisions for the Transport Rule (TR)
NOX Annual Trading Program, under section 110 of the Clean
Air Act and Sec.  52.38 of this chapter, as a means of mitigating
interstate transport of fine particulates and nitrogen oxides.

Sec.  97.402  Definitions.

    The terms used in this subpart shall have the meanings set forth in
this section as follows:
    Acid Rain Program means a multi-state SO2 and
NOX air pollution control and emission reduction program
established by the Administrator under title IV of the Clean Air Act
and parts 72 through 78 of this chapter.
    Administrator means the Administrator of the United States
Environmental Protection Agency or the Director of the Clean Air
Markets Division (or its successor determined by the Administrator) of
the United States Environmental Protection Agency, the Administrator's
duly authorized representative under this subpart.
    Allocate or allocation means, with regard to TR NOX
Annual allowances, the determination by the Administrator, State, or
permitting authority, in accordance with this subpart and any SIP
revision submitted by the State and approved by the Administrator under
Sec.  52.38(a)(3), (4), or (5) of this chapter, of the amount of such
TR NOX Annual allowances to be initially credited, at no
cost to the recipient, to:
    (1) A TR NOX Annual unit;
    (2) A new unit set-aside;
    (3) An Indian country new unit set-aside; or
    (4) An entity not listed in paragraphs (1) through (3) of this
definition;
    (5) Provided that, if the Administrator, State, or permitting
authority initially credits, to a TR NOX Annual unit
qualifying for an initial credit, a credit in the amount of zero TR
NOX Annual allowances, the TR NOX Annual unit
will be treated as being allocated an amount (i.e., zero) of TR
NOX Annual allowances.
    Allowable NOX emission rate means, for a unit, the most
stringent State or federal NOX emission rate limit (in lb/
MWhr or, if in lb/mmBtu, converted to lb/MWhr by multiplying it by the
unit's heat rate in mmBtu/MWhr) that is applicable to the unit and
covers the longest averaging period not exceeding one year.
    Allowance Management System means the system by which the
Administrator records allocations, deductions, and transfers of TR
NOX Annual allowances under the TR NOX Annual
Trading Program. Such allowances are allocated, recorded, held,
deducted, or transferred only as whole allowances.
    Allowance Management System account means an account in the
Allowance Management System established by the Administrator for
purposes of recording the allocation, holding, transfer, or deduction
of TR NOX Annual allowances.
    Allowance transfer deadline means, for a control period in a given
year, midnight of March 1 (if it is a business day), or midnight of the
first business day thereafter (if March 1 is not a business day),
immediately after such control period and is the deadline by which a TR
NOX Annual allowance transfer must be submitted for
recordation in a TR NOX Annual source's compliance account
in order to be available for use in complying with the source's TR
NOX Annual emissions limitation for such control period in
accordance with Sec. Sec.  97.406 and 97.424.
    Alternate designated representative means, for a TR NOX
Annual source and each TR NOX Annual unit at the source, the
natural person who is authorized by the owners and operators of the
source and all such units at the source, in accordance with this
subpart, to act on behalf of the designated representative in matters
pertaining to the TR NOX Annual Trading Program. If the TR
NOX Annual source is also subject to the Acid Rain Program,
TR NOX Ozone Season Trading Program, TR SO2 Group
1 Trading Program, or TR SO2 Group 2 Trading Program, then
this natural person shall be the same natural person as the alternate
designated representative, as defined in the respective program.
    Assurance account means an Allowance Management System account,
established by the Administrator under Sec.  97.425(b)(3) for certain
owners and operators of a group of one or more TR NOX Annual
sources and units in a given State (and Indian country within the
borders of such State), in which are held TR NOX Annual
allowances available for use for a control period in a given year in
complying with the TR NOX Annual assurance provisions in
accordance with Sec. Sec.  97.406 and 97.425.
    Authorized account representative means, for a general account, the
natural person who is authorized, in accordance with this subpart, to
transfer and otherwise dispose of TR NOX Annual allowances
held in the general account and, for a TR NOX Annual
source's compliance account, the designated representative of the
source.
    Automated data acquisition and handling system or DAHS means the
component of the continuous emission monitoring system, or other
emissions monitoring system approved for use

under this subpart, designed to interpret and convert individual output
signals from pollutant concentration monitors, flow monitors, diluent
gas monitors, and other component parts of the monitoring system to
produce a continuous record of the measured parameters in the
measurement units required by this subpart.
    Biomass means--
    (1) Any organic material grown for the purpose of being converted
to energy;
    (2) Any organic byproduct of agriculture that can be converted into
energy; or
    (3) Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
material that is nonmerchantable for other purposes, and that is;
    (i) A forest-related organic resource, including mill residues,
precommercial thinnings, slash, brush, or byproduct from conversion of
trees to merchantable material; or
    (ii) A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
    Boiler means an enclosed fossil- or other-fuel-fired combustion
device used to produce heat and to transfer heat to recirculating
water, steam, or other medium.
    Bottoming-cycle unit means a unit in which the energy input to the
unit is first used to produce useful thermal energy, where at least
some of the reject heat from the useful thermal energy application or
process is then used for electricity production.
    Business day means a day that does not fall on a weekend or a
federal holiday.
    Certifying official means a natural person who is:
    (1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function
or any other person who performs similar policy- or decision-making
functions for the corporation;
    (2) For a partnership or sole proprietorship, a general partner or
the proprietor respectively; or
    (3) For a local government entity or State, federal, or other
public agency, a principal executive officer or ranking elected
official.
    Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
    Coal means ``coal'' as defined in Sec.  72.2 of this chapter.
    Coal-derived fuel means any fuel (whether in a solid, liquid, or
gaseous state) produced by the mechanical, thermal, or chemical
processing of coal.
    Cogeneration system means an integrated group, at a source, of
equipment (including a boiler, or combustion turbine, and a steam
turbine generator) designed to produce useful thermal energy for
industrial, commercial, heating, or cooling purposes and electricity
through the sequential use of energy.
    Cogeneration unit means a stationary, fossil-fuel-fired boiler or
stationary, fossil-fuel-fired combustion turbine that is a topping-
cycle unit or a bottoming-cycle unit:
    (1) Operating as part of a cogeneration system; and
    (2) Producing on an annual average basis--
    (i) For a topping-cycle unit,
    (A) Useful thermal energy not less than 5 percent of total energy
output; and
    (B) Useful power that, when added to one-half of useful thermal
energy produced, is not less than 42.5 percent of total energy input,
if useful thermal energy produced is 15 percent or more of total energy
output, or not less than 45 percent of total energy input, if useful
thermal energy produced is less than 15 percent of total energy output.
    (ii) For a bottoming-cycle unit, useful power not less than 45
percent of total energy input;
    (3) Provided that the requirements in paragraph (2) of this
definition shall not apply to a calendar year referenced in paragraph
(2) of this definition during which the unit did not operate at all;
    (4) Provided that the total energy input under paragraphs (2)(i)(B)
and (2)(ii) of this definition shall equal the unit's total energy
input from all fuel, except biomass if the unit is a boiler; and
    (5) Provided that, if, throughout its operation during the 12-month
period or a calendar year referenced in paragraph (2) of this
definition, a unit is operated as part of a cogeneration system and the
cogeneration system meets on a system-wide basis the requirement in
paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be
deemed to meet such requirement during that 12-month period or calendar
year.
    Combustion turbine means an enclosed device comprising:
    (1) If the device is simple cycle, a compressor, a combustor, and a
turbine and in which the flue gas resulting from the combustion of fuel
in the combustor passes through the turbine, rotating the turbine; and
    (2) If the device is combined cycle, the equipment described in
paragraph (1) of this definition and any associated duct burner, heat
recovery steam generator, and steam turbine.
    Commence commercial operation means, with regard to a unit:
    (1) To have begun to produce steam, gas, or other heated medium
used to generate electricity for sale or use, including test
generation, except as provided in Sec.  97.405.
    (i) For a unit that is a TR NOX Annual unit under Sec.
97.404 on the later of January 1, 2005 or the date the unit commences
commercial operation as defined in the introductory text of paragraph
(1) of this definition and that subsequently undergoes a physical
change or is moved to a new location or source, such date shall remain
the date of commencement of commercial operation of the unit, which
shall continue to be treated as the same unit.
    (ii) For a unit that is a TR NOX Annual unit under Sec.
97.404 on the later of January 1, 2005 or the date the unit commences
commercial operation as defined in the introductory text of paragraph
(1) of this definition and that is subsequently replaced by a unit at
the same or a different source, such date shall remain the replaced
unit's date of commencement of commercial operation, and the
replacement unit shall be treated as a separate unit with a separate
date for commencement of commercial operation as defined in paragraph
(1) or (2) of this definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as
provided in Sec.  97.405, for a unit that is not a TR NOX
Annual unit under Sec.  97.404 on the later of January 1, 2005 or the
date the unit commences commercial operation as defined in introductory
text of paragraph (1) of this definition, the unit's date for
commencement of commercial operation shall be the date on which the
unit becomes a TR NOX Annual unit under Sec.  97.404.
    (i) For a unit with a date for commencement of commercial operation
as defined in the introductory text of paragraph (2) of this definition
and that subsequently undergoes a physical change or is moved to a
different location or source, such date shall remain the date of
commencement of commercial operation of the unit, which shall continue
to be treated as the same unit.
    (ii) For a unit with a date for commencement of commercial
operation as defined in the introductory text of paragraph (2) of this
definition and that is subsequently replaced by a unit at the same or a
different source, such date shall remain the replaced unit's date of
commencement of commercial operation, and the replacement unit shall be
treated as a separate unit with a separate date for

commencement of commercial operation as defined in paragraph (1) or (2)
of this definition as appropriate.
    Common designated representative means, with regard to a control
period in a given year, a designated representative where, as of April
1 immediately after the allowance transfer deadline for such control
period, the same natural person is authorized under Sec. Sec.
97.413(a) and 97.415(a) as the designated representative for a group of
one or more TR NOX Annual sources and units located in a
State (and Indian country within the borders of such State).
    Common designated representative's assurance level means, with
regard to a specific common designated representative and a State (and
Indian country within the borders of such State) and control period in
a given year for which the State assurance level is exceeded as
described in Sec.  97.406(c)(2)(iii), the common designated
representative's share of the State NOX Annual trading
budget with the variability limit for the State for such control
period.
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year:
    (1) With regard to a total amount of NOX emissions from
all TR NOX Annual units in a State (and Indian country
within the borders of such State) during such control period, the total
tonnage of NOX emissions during such control period from a
group of one or more TR NOX Annual units located in such
State (and such Indian country) and having the common designated
representative for such control period;
    (2) With regard to a State NOX Annual trading budget
with the variability limit for such control period, the amount (rounded
to the nearest allowance) equal to the sum of the total amount of TR
NOX Annual allowances allocated for such control period to a
group of one or more TR NOX Annual units located in the
State (and Indian country within the borders of such State) and having
the common designated representative for such control period and of the
total amount of TR NOX Annual allowances purchased by an
owner or operator of such TR NOX Annual units in an auction
for such control period and submitted by the State or the permitting
authority to the Administrator for recordation in the compliance
accounts for such TR NOX Annual units in accordance with the
TR NOX Annual allowance auction provisions in a SIP revision
approved by the Administrator under Sec.  52.38(a)(4) or (5) of this
chapter, multiplied by the sum of the State NOX Annual
trading budget under Sec.  97.410(a) and the State's variability limit
under Sec.  97.410(b) for such control period and divided by such State
NOX Annual trading budget;
    (3) Provided that, in the case of a unit that operates during, but
has no amount of TR NOX Annual allowances allocated under
Sec. Sec.  97.411 and 97.412 for, such control period, the unit shall
be treated, solely for purposes of this definition, as being allocated
an amount (rounded to the nearest allowance) of TR NOX
Annual allowances for such control period equal to the unit's allowable
NOX emission rate applicable to such control period,
multiplied by a capacity factor of 0.85 (if the unit is a boiler
combusting any amount of coal or coal-derived fuel during such control
period), 0.24 (if the unit is a simple combustion turbine during such
control period), 0.67 (if the unit is a combined cycle turbine during
such control period), 0.74 (if the unit is an integrated coal
gasification combined cycle unit during such control period), or 0.36
(for any other unit), multiplied by the unit's maximum hourly load as
reported in accordance with this subpart and by 8,760 hours/control
period, and divided by 2,000 lb/ton.
    Common stack means a single flue through which emissions from 2 or
more units are exhausted.
    Compliance account means an Allowance Management System account,
established by the Administrator for a TR NOX Annual source
under this subpart, in which any TR NOX Annual allowance
allocations to the TR NOX Annual units at the source are
recorded and in which are held any TR NOX Annual allowances
available for use for a control period in a given year in complying
with the source's TR NOX Annual emissions limitation in
accordance with Sec. Sec.  97.406 and 97.424.
    Continuous emission monitoring system or CEMS means the equipment
required under this subpart to sample, analyze, measure, and provide,
by means of readings recorded at least once every 15 minutes and using
an automated data acquisition and handling system (DAHS), a permanent
record of NOX emissions, stack gas volumetric flow rate,
stack gas moisture content, and O2 or CO2
concentration (as applicable), in a manner consistent with part 75 of
this chapter and Sec. Sec.  97.430 through 97.435. The following
systems are the principal types of continuous emission monitoring
systems:
    (1) A flow monitoring system, consisting of a stack flow rate
monitor and an automated data acquisition and handling system and
providing a permanent, continuous record of stack gas volumetric flow
rate, in standard cubic feet per hour (scfh);
    (2) A NOX concentration monitoring system, consisting of
a NOX pollutant concentration monitor and an automated data
acquisition and handling system and providing a permanent, continuous
record of NOX emissions, in parts per million (ppm);
    (3) A NOX emission rate (or NOX-diluent)
monitoring system, consisting of a NOX pollutant
concentration monitor, a diluent gas (CO2 or O2)
monitor, and an automated data acquisition and handling system and
providing a permanent, continuous record of NOX
concentration, in parts per million (ppm), diluent gas concentration,
in percent CO2 or O2, and NOX emission
rate, in pounds per million British thermal units (lb/mmBtu);
    (4) A moisture monitoring system, as defined in Sec.  75.11(b)(2)
of this chapter and providing a permanent, continuous record of the
stack gas moisture content, in percent H2O;
    (5) A CO2 monitoring system, consisting of a
CO2 pollutant concentration monitor (or an O2
monitor plus suitable mathematical equations from which the
CO2 concentration is derived) and an automated data
acquisition and handling system and providing a permanent, continuous
record of CO2 emissions, in percent CO2; and
    (6) An O2 monitoring system, consisting of an
O2 concentration monitor and an automated data acquisition
and handling system and providing a permanent, continuous record of
O2, in percent O2.
    Control period means the period starting January 1 of a calendar
year, except as provided in Sec.  97.406(c)(3), and ending on December
31 of the same year, inclusive.
    Designated representative means, for a TR NOX Annual
source and each TR NOX Annual unit at the source, the
natural person who is authorized by the owners and operators of the
source and all such units at the source, in accordance with this
subpart, to represent and legally bind each owner and operator in
matters pertaining to the TR NOX Annual Trading Program. If
the TR NOX Annual source is also subject to the Acid Rain
Program, TR NOX Ozone Season Trading Program, TR
SO2 Group 1 Trading Program, or TR SO2 Group 2
Trading Program, then this natural person shall be the same natural
person as the designated representative, as defined in the respective
program.
    Emissions means air pollutants exhausted from a unit or source into
the atmosphere, as measured, recorded, and

reported to the Administrator by the designated representative, and as
modified by the Administrator:
    (1) In accordance with this subpart; and
    (2) With regard to a period before the unit or source is required
to measure, record, and report such air pollutants in accordance with
this subpart, in accordance with part 75 of this chapter.
    Excess emissions means any ton of emissions from the TR
NOX Annual units at a TR NOX Annual source during
a control period in a given year that exceeds the TR NOX
Annual emissions limitation for the source for such control period.
    Fossil fuel means--
    (1) Natural gas, petroleum, coal, or any form of solid, liquid, or
gaseous fuel derived from such material; or
    (2) For purposes of applying the limitation on ``average annual
fuel consumption of fossil fuel'' in Sec. Sec.  97.404(b)(2)(i)(B) and
(ii), natural gas, petroleum, coal, or any form of solid, liquid, or
gaseous fuel derived from such material for the purpose of creating
useful heat.
    Fossil-fuel-fired means, with regard to a unit, combusting any
amount of fossil fuel in 2005 or any calendar year thereafter.
    General account means an Allowance Management System account,
established under this subpart, that is not a compliance account or an
assurance account.
    Generator means a device that produces electricity.
    Gross electrical output means, for a unit, electricity made
available for use, including any such electricity used in the power
production process (which process includes, but is not limited to, any
on-site processing or treatment of fuel combusted at the unit and any
on-site emission controls).
    Heat input means, for a unit for a specified period of time, the
product (in mmBtu/time) of the gross calorific value of the fuel (in
mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of
fuel/time), as measured, recorded, and reported to the Administrator by
the designated representative and as modified by the Administrator in
accordance with this subpart and excluding the heat derived from
preheated combustion air, recirculated flue gases, or exhaust.
    Heat input rate means, for a unit, the amount of heat input (in
mmBtu) divided by unit operating time (in hr) or, for a unit and a
specific fuel, the amount of heat input attributed to the fuel (in
mmBtu) divided by the unit operating time (in hr) during which the unit
combusts the fuel.
    Heat rate means, for a unit, the unit's maximum design heat input
(in Btu/hr), divided by the product of 1,000,000 Btu/mmBtu and the
unit's maximum hourly load.
    Indian country means ``Indian country'' as defined in 18 U.S.C.
1151.
    Life-of-the-unit, firm power contractual arrangement means a unit
participation power sales agreement under which a utility or industrial
customer reserves, or is entitled to receive, a specified amount or
percentage of nameplate capacity and associated energy generated by any
specified unit and pays its proportional amount of such unit's total
costs, pursuant to a contract:
    (1) For the life of the unit;
    (2) For a cumulative term of no less than 30 years, including
contracts that permit an election for early termination; or
    (3) For a period no less than 25 years or 70 percent of the
economic useful life of the unit determined as of the time the unit is
built, with option rights to purchase or release some portion of the
nameplate capacity and associated energy generated by the unit at the
end of the period.
    Maximum design heat input means, for a unit, the maximum amount of
fuel per hour (in Btu/hr) that the unit is capable of combusting on a
steady state basis as of the initial installation of the unit as
specified by the manufacturer of the unit.
    Monitoring system means any monitoring system that meets the
requirements of this subpart, including a continuous emission
monitoring system, an alternative monitoring system, or an excepted
monitoring system under part 75 of this chapter.
    Nameplate capacity means, starting from the initial installation of
a generator, the maximum electrical generating output (in MWe, rounded
to the nearest tenth) that the generator is capable of producing on a
steady state basis and during continuous operation (when not restricted
by seasonal or other deratings) as of such installation as specified by
the manufacturer of the generator or, starting from the completion of
any subsequent physical change in the generator resulting in an
increase in the maximum electrical generating output that the generator
is capable of producing on a steady state basis and during continuous
operation (when not restricted by seasonal or other deratings), such
increased maximum amount (in MWe, rounded to the nearest tenth) as of
such completion as specified by the person conducting the physical
change.
    Natural gas means ``natural gas'' as defined in Sec.  72.2 of this
chapter.
    Newly affected TR NOX Annual unit means a unit that was
not a TR NOX Annual unit when it began operating but that
thereafter becomes a TR NOX Annual unit.
    Operate or operation means, with regard to a unit, to combust fuel.
    Operator means, for a TR NOX Annual source or a TR
NOX Annual unit at a source respectively, any person who
operates, controls, or supervises a TR NOX Annual unit at
the source or the TR NOX Annual unit and shall include, but
not be limited to, any holding company, utility system, or plant
manager of such source or unit.
    Owner means, for a TR NOX Annual source or a TR
NOX Annual unit at a source respectively, any of the
following persons:
    (1) Any holder of any portion of the legal or equitable title in a
TR NOX Annual unit at the source or the TR NOX
Annual unit;
    (2) Any holder of a leasehold interest in a TR NOX
Annual unit at the source or the TR NOX Annual unit,
provided that, unless expressly provided for in a leasehold agreement,
``owner'' shall not include a passive lessor, or a person who has an
equitable interest through such lessor, whose rental payments are not
based (either directly or indirectly) on the revenues or income from
such TR NOX Annual unit; and 3) Any purchaser of power from
a TR NOX Annual unit at the source or the TR NOX
Annual unit under a life-of-the-unit, firm power contractual
arrangement.
    Permanently retired means, with regard to a unit, a unit that is