b. In paragraph (d)(1) introductory text, removing ``Sec.
52.38(b)(2)(i) of this chapter (or'' and adding in its place ``Sec.
52.38(b)(2)(i)(A) of this chapter (and'';
0
c. In paragraph (d)(1)(ii), removing ``except a State listed in Sec.
52.38(b)(2)(i)'' and adding in its place ``listed in Sec.
52.38(b)(2)(ii)'';
0
d. In paragraph (d)(1)(iv), removing ``Sec.  52.38(b)(2)(iii) or (iv)
of this chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(ii)
of this chapter (and'';
0
e. Revising paragraph (d)(2)(i);
0
f. In paragraph (d)(2)(ii), removing ``Sec.  52.38(b)(2)(v) of this
chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(iii)(A) of
this chapter (and'';
0
g. Adding paragraph (d)(2)(iii);
0
h. In paragraph (e)(1), removing ``chapter (or Indian'' and adding in
its place ``chapter (and Indian'';
0
i. In paragraph (e)(2), removing ``Sec.  52.38(b)(2)(iv) of this
chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(iii)(A) of
this chapter (and''; and
0
j. Adding paragraph (e)(3).
    The revisions and additions read as follows:

Sec.  97.526   Banking and conversion.

* * * * *
    (d) * * *
    (2)(i) Except as provided in paragraphs (d)(2)(ii) and (iii) of
this section, after the Administrator has carried out the procedures
set forth in paragraph (d)(1) of this section, upon any determination
that would otherwise result in the initial recordation of a given
number of CSAPR NOX Ozone Season Group 1 allowances in the
compliance account for a source in a State listed in Sec.
52.38(b)(2)(ii) of this chapter (and Indian country within the borders
of such a State), the Administrator will not record such CSAPR
NOX Ozone Season Group 1 allowances but instead will
allocate and record in such account an amount of CSAPR NOX
Ozone Season Group 2 allowances for the control period in 2017 computed
as the quotient, rounded up to the nearest allowance, of such given
number of CSAPR NOX Ozone Season Group 1 allowances divided
by the conversion factor determined under paragraph (d)(1)(ii) of this
section.
* * * * *
    (iii) After the Administrator has carried out the procedures set
forth in paragraph (d)(1) of this section and Sec.  97.826(e)(1), upon
any determination that would otherwise result in the initial
recordation of a given number of CSAPR NOX Ozone Season
Group 1 allowances in the compliance account for a source in a State
listed in Sec.  52.38(b)(2)(iii)(B) of this chapter (and Indian country
within the borders of such a State), the Administrator will not record
such CSAPR NOX Ozone Season Group 1 allowances but instead
will allocate and record in such account an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2023 computed as the quotient, rounded up to the nearest allowance,
of such given number of CSAPR NOX Ozone Season Group 1
allowances divided by the conversion factor determined under paragraph
(d)(1)(ii) of this section and further divided by the conversion factor
determined under Sec.  97.826(e)(1)(ii).
* * * * *
    (e) * * *
    (3) After the Administrator has carried out the procedures set
forth in paragraph (d)(1) of this section and Sec.  97.826(e)(1), the
owner or operator of a CSAPR NOX Ozone Season Group 1

source in a State listed in Sec.  52.38(b)(2)(iii)(B) of this chapter
(and Indian country within the borders of such a State) may satisfy a
requirement to hold a given number of CSAPR NOX Ozone Season
Group 1 allowances for the control period in 2015 or 2016 by holding
instead, in a general account established for this sole purpose, an
amount of CSAPR NOX Ozone Season Group 3 allowances for the
control period in 2023 (or any later control period for which the
allowance transfer deadline defined in Sec.  97.1002 has passed)
computed as the quotient, rounded up to the nearest allowance, of such
given number of CSAPR NOX Ozone Season Group 1 allowances
divided by the conversion factor determined under paragraph (d)(1)(ii)
of this section and further divided by the conversion factor determined
under Sec.  97.826(e)(1)(ii).

Subpart CCCCC--CSAPR SO2 Group 1 Trading Program

Sec.  97.602   [Amended]

0
49. Amend Sec.  97.602 by:
0
a. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(2)(i) and (ii), and'' and adding in
its place ``(b)(2)(i), and'';
0
b. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
c. In the definition of ``CSAPR NOX Ozone Season Group 3
Trading Program'', removing ``(b)(2)(v), and'' and adding in its place
``(b)(2)(iii), and'';

Sec.  97.611   [Amended]

0
50. Amend Sec.  97.611 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance''; and
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the
State's SIP authority, in accordance''.

Sec.  97.612   [Amended]

0
51. Amend Sec.  97.612 by:
0
a. In paragraph (a) introductory text, removing ``State, the
Administrator'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, the Administrator'';
0
b. In paragraphs (a)(3)(iii) and (a)(5), adding ``and areas of Indian
country within the borders of the State subject to the State's SIP
authority'' after ``in the State'';
0
c. In paragraph (a)(10), removing ``State, is allocated'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority, is allocated'';
0
d. In paragraph (b) introductory text, removing ``Indian country within
the borders of each State, the Administrator'' and adding in its place
``areas of Indian country within the borders of each State not subject
to the State's SIP authority, the Administrator''; and
0
e. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority''.

Sec.  97.621   [Amended]

0
52. In Sec.  97.621, amend paragraph (f)(2) by removing ``2022'' and
adding in its place ``2024'', and removing ``third'' before ``year
after the year''.

Sec.  97.626   [Amended]

0
53. In Sec.  97.626, amend paragraph (c) by removing ``State (or
Indian'' and adding in its place ``State (and Indian''.

Subpart DDDDD--CSAPR SO2 Group 2 Trading Program

0
54. Amend Sec.  97.702 by:
0
a. In the definition of ``alternate designated representative'',
removing ``or CSAPR NOX Ozone Season Group 2 Trading
Program, then'' and adding in its place ``CSAPR NOX Ozone
Season Group 2 Trading Program, or CSAPR NOX Ozone Season
Group 3 Trading Program, then'';
0
b. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(2)(i) and (ii), and'' and adding in
its place ``(b)(2)(i), and'';
0
c. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
d. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program''; and
0
e. In the definition of ``designated representative'', removing ``or
CSAPR NOX Ozone Season Group 2 Trading Program, then'' and
adding in its place ``CSAPR NOX Ozone Season Group 2 Trading
Program, or CSAPR NOX Ozone Season Group 3 Trading Program,
then''.

Sec.  97.702   Definitions.

* * * * *
    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with subpart GGGGG of this part and Sec.
52.38(b)(1), (b)(2)(iii), and (b)(10) through (14) and (17) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(10) or (11) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(12) of this chapter), as a means of
mitigating interstate transport of ozone and NOX.
* * * * *

Sec.  97.711  [Amended]

0
55. Amend Sec.  97.711 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance''; and
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the
State's SIP authority, in accordance''.

Sec.  97.712   [Amended]

0
56. Amend Sec.  97.712 by:
0
a. In paragraph (a) introductory text, removing ``State, the
Administrator'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, the Administrator'';
0
b. In paragraphs (a)(3)(iii) and (a)(5), adding ``and areas of Indian
country within the borders of the State subject to the State's SIP
authority'' after ``in the State'';
0
c. In paragraph (a)(10), removing ``State, is allocated'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority, is allocated'';
0
d. In paragraph (b) introductory text, removing ``Indian country within
the borders of each State, the Administrator'' and adding in its place
``areas of Indian country within the borders of each State not subject
to the State's SIP authority, the Administrator''; and
0
e. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority''.

Sec.  97.721   [Amended]

0
57. In Sec.  97.721, amend paragraph (f)(2) by removing ``2022'' and
adding in its place ``2024'', and removing ``third'' before ``year
after the year''.

Sec.  97.726   [Amended]

0
58. In Sec.  97.726, amend paragraph (c) by removing ``State (or
Indian'' and adding in its place ``State (and Indian''.

Sec.  97.734   [Amended]

0
59. In Sec.  97.734, amend paragraph (d)(3) by removing ``or CSAPR
NOX Ozone Season Group 2 Trading Program, quarterly'' and
adding in its place ``CSAPR NOX Ozone Season Group 2 Trading
Program, or CSAPR NOX Ozone Season Group 3 Trading Program,
quarterly''.

Subpart EEEEE--CSAPR NOX Ozone Season Group 2 Trading Program

0
60. Amend Sec.  97.802 by:
0
a. In the definition of ``assurance account'', removing ``base CSAPR''
and adding in its place ``CSAPR'';
0
b. Removing the definitions for ``base CSAPR NOX Ozone
Season Group 2 source'' and ``base CSAPR NOX Ozone Season
Group 2 unit'';
0
c. In the definition of ``common designated representative'', removing
``base CSAPR'' and adding in its place ``CSAPR'';
0
d. In the definition of ``common designated representative's assurance
level'', revising paragraph (1);
0
e. In the definition of ``common designated representative's share'',
removing ``base CSAPR'' and adding in its place ``CSAPR'' each time it
appears;
0
f. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
g. In the definition of ``CSAPR NOX Ozone Season Group 3
allowance'', adding ``or (e)'' after ``Sec.  97.826(d)'', and adding
``or less'' after ``one ton'';
0
h. In the definition of ``CSAPR NOX Ozone Season Group 3
Trading Program'', removing ``(b)(2)(v), and'' and adding in its place
``(b)(2)(iii), and''; and
0
i. In the definition of ``State'', removing ``(b)(2)(iii) and (iv),
and'' and adding in its place ``(b)(2)(ii), and''.
    The revision reads as follows:

Sec.  97.802   Definitions.

* * * * *
    Common designated representative's assurance level * * *
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR NOX Ozone Season Group 2
allowances allocated for such control period to the group of one or
more CSAPR NOX Ozone Season Group 2 units in such State (and
such Indian country) having the common designated representative for
such control period and the total amount of CSAPR NOX Ozone
Season Group 2 allowances purchased by an owner or operator of such
CSAPR NOX Ozone Season Group 2 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 CSAPR NOX Ozone Season Group 2 units in accordance with
the CSAPR NOX Ozone Season Group 2 allowance auction
provisions in a SIP revision approved by the Administrator under Sec.
52.38(b)(8) or (9) of this chapter, multiplied by the sum of the State
NOX Ozone Season Group 2 trading budget under Sec.
97.810(a) and the State's variability limit under Sec.  97.810(b) for
such control period, and divided by such State NOX Ozone
Season Group 2 trading budget;
* * * * *

Sec.  97.806   [Amended]

0
61. In Sec.  97.806, amend paragraphs (c)(2)(i) introductory text,
(c)(2)(i)(B), (c)(2)(iii) and (iv), and (c)(3)(ii) by removing ``base
CSAPR'' and adding in its place ``CSAPR'' each time it appears.

Sec.  97.810   [Amended]

0
62. In Sec.  97.810, amend paragraphs (a)(1)(i) through (iii),
(a)(2)(i) and (ii), (a)(12)(i) through (iii), (a)(13)(i) and (ii),
(a)(17)(i) through (iii), (a)(19)(i) and (ii), (a)(20)(i) through
(iii), (a)(23)(i) through (iii), and (b)(1), (2), (12), (13), (17),
(19), (20), and (23) by removing ``and thereafter'' and adding in its
place ``through 2022''.
0
63. Amend Sec.  97.811 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance'';
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the
State's SIP authority, in accordance'';
0
c. In paragraph (d)(1), removing ``Sec.  52.38(b)(2)(iv) of this
chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(ii)(B) of
this chapter (and''; and
0
d. Adding paragraph (e).
    The addition reads as follows:

Sec.  97.811   Timing requirements for CSAPR NOX Ozone Season Group 2
allowance allocations.

* * * * *
    (e) Recall of CSAPR NOX Ozone Season Group 2 allowances allocated
for control periods after 2022. (1) Notwithstanding any other provision
of this subpart, part 52 of this chapter, or any SIP revision approved
under Sec.  52.38(b) of this chapter, the provisions of this paragraph
and paragraphs (e)(2) through (7) of this section shall apply with
regard to each CSAPR NOX Ozone Season Group 2 allowance that
was allocated for a control period after 2022 to any unit (including a
permanently retired unit qualifying for an exemption under Sec.
97.805) in a State listed in Sec.  52.38(b)(2)(ii)(C) of this chapter
(and Indian country within the borders of such a State) and that was
initially recorded in the compliance account for the source that
includes the unit, whether such CSAPR NOX Ozone Season Group
2 allowance was allocated pursuant to this subpart or pursuant to a SIP
revision approved under Sec.  52.38(b) of this chapter and whether such
CSAPR NOX Ozone Season Group 2 allowance remains in such
compliance account or has been transferred to another Allowance
Management System account.
    (2)(i) For each CSAPR NOX Ozone Season Group 2 allowance
described in paragraph (e)(1) of this section that was allocated for a
given control period and initially recorded in a given source's
compliance account, one CSAPR NOX Ozone Season Group 2
allowance that was allocated for the same or an earlier control period
and initially recorded in the same or any other Allowance Management
System account must be surrendered in accordance with the procedures in
paragraphs (e)(3) and (4) of this section.
    (ii)(A) The surrender requirement under paragraph (e)(2)(i) of this
section corresponding to each CSAPR NOX Ozone Season Group 2
allowance described in paragraph (e)(1) of this section initially
recorded in a given source's compliance account shall apply to such
source's current owners and operators, except as provided in paragraph
(e)(2)(ii)(B) of this section.
    (B) If the owners and operators of a given source as of a given
date assumed ownership and operational control of the source through a
transaction that did not also provide rights to direct the use or
transfer of a given CSAPR NOX Ozone Season Group 2 allowance
described in paragraph (e)(1) of this section with regard to such
source (whether recordation of such CSAPR NOX Ozone Season
Group 2 allowance in the source's compliance account occurred before
such transaction or was anticipated to occur after such transaction),
then the surrender

requirement under paragraph (e)(2)(i) of this section corresponding to
such CSAPR NOX Ozone Season Group 2 allowance shall apply to
the most recent former owners and operators of the source before the
occurrence of such a transaction.
    (C) The Administrator will not adjudicate any private legal dispute
among the owners and operators of a source or among the former owners
and operators of a source, including any disputes relating to the
requirements to surrender CSAPR NOX Ozone Season Group 2
allowances for the source under paragraph (e)(2)(i) of this section.
    (3)(i) As soon as practicable on or after [EFFECTIVE DATE OF FINAL
RULE], the Administrator will send a notification to the designated
representative for each source described in paragraph (e)(1) of this
section identifying the amounts of CSAPR NOX Ozone Season
Group 2 allowances allocated for each control period after 2022 and
recorded in the source's compliance account and the corresponding
surrender requirements for the source under paragraph (e)(2)(i) of this
section.
    (ii) As soon as practicable on or after [15 DAYS AFTER EFFECTIVE
DATE OF FINAL RULE], the Administrator will deduct from the compliance
account for each source described in paragraph (e)(1) of this section
CSAPR NOX Ozone Season Group 2 allowances eligible to
satisfy the surrender requirements for the source under paragraph
(e)(2)(i) of this section until all such surrender requirements for the
source are satisfied or until no more CSAPR NOX Ozone Season
Group 2 allowances eligible to satisfy such surrender requirements
remain in such compliance account.
    (iii) As soon as practicable after completion of the deductions
under paragraph (e)(3)(ii) of this section, the Administrator will
identify for each source described in paragraph (e)(1) of this section
the amounts, if any, of CSAPR NOX Ozone Season Group 2
allowances allocated for each control period after 2022 and recorded in
the source's compliance account for which the corresponding surrender
requirements under paragraph (e)(2)(i) of this section have not been
satisfied and will send a notification concerning such identified
amounts to the designated representative for the source.
    (iv) With regard to each source for which unsatisfied surrender
requirements under paragraph (e)(2)(i) of this section remain after the
deductions under paragraph (e)(3)(ii) of this section:
    (A) Except as provided in paragraph (e)(3)(iv)(B) of this section,
not later than September 15, 2023, the owners and operators of the
source shall hold sufficient CSAPR NOX Ozone Season Group 2
allowances eligible to satisfy such unsatisfied surrender requirements
under paragraph (e)(2)(i) of this section in the source's compliance
account.
    (B) With regard to any portion of such unsatisfied surrender
requirements that apply to former owners and operators of the source
pursuant to paragraph (e)(2)(ii)(B) of this section, not later than
September 15, 2023, such former owners and operators shall hold
sufficient CSAPR NOX Ozone Season Group 2 allowances
eligible to satisfy such portion of the unsatisfied surrender
requirements under paragraph (e)(2)(i) of this section either in the
source's compliance account or in another Allowance Management System
account identified to the Administrator on or before such date in a
submission by the authorized account representative for such account.
    (C) As soon as practicable on or after September 15, 2023, the
Administrator will deduct from the Allowance Management System account
identified in accordance with paragraph (e)(3)(iv)(A) or (B) of this
section CSAPR NOX Ozone Season Group 2 allowances eligible
to satisfy the surrender requirements for the source under paragraph
(e)(2)(i) of this section until all such surrender requirements for the
source are satisfied or until no more CSAPR NOX Ozone Season
Group 2 allowances eligible to satisfy such surrender requirements
remain in such account.
    (v) When making deductions under paragraph (e)(3)(ii) or (iv) of
this section to address the surrender requirements under paragraph
(e)(2)(i) of this section for a given source:
    (A) The Administrator will make deductions to address any surrender
requirements with regard to first the 2023 control period and then the
2024 control period.
    (B) When making deductions to address the surrender requirements
with regard to a given control period, the Administrator will first
deduct CSAPR NOX Ozone Season Group 2 allowances allocated
for such given control period and will then deduct CSAPR NOX
Ozone Season Group 2 allowances allocated for each successively earlier
control period in sequence.
    (C) When deducting CSAPR NOX Ozone Season Group 2
allowances allocated for a given control period from a given Allowance
Management System account, the Administrator will first deduct CSAPR
NOX Ozone Season Group 2 allowances initially recorded in
the account under Sec.  97.821 (if the account is a compliance account)
in the order of recordation and will then deduct CSAPR NOX
Ozone Season Group 2 allowances recorded in the account under Sec.
97.526(d) or Sec.  97.823 in the order of recordation.
    (4)(i) To the extent the surrender requirements under paragraph
(e)(2)(i) of this section corresponding to any CSAPR NOX
Ozone Season Group 2 allowances allocated for a control period after
2022 and initially recorded in a given source's compliance account have
not been fully satisfied through the deductions under paragraph (e)(3)
of this section, as soon as practicable on or after November 15, 2023,
the Administrator will deduct such initially recorded CSAPR
NOX Ozone Season Group 2 allowances from any Allowance
Management System accounts in which such CSAPR NOX Ozone
Season Group 2 allowances are held, making such deductions in any order
determined by the Administrator, until all such surrender requirements
for such source have been satisfied or until all such CSAPR
NOX Ozone Season Group 2 allowances have been deducted,
except as provided in paragraph (e)(4)(ii) of this section.
    (ii) If no person with an ownership interest in a given CSAPR
NOX Ozone Season Group 2 allowance as of April 30, 2022, was
an owner or operator of the source in whose compliance account such
CSAPR NOX Ozone Season Group 2 allowance was initially
recorded, was a direct or indirect parent or subsidiary of an owner or
operator of such source, or was directly or indirectly under common
ownership with an owner or operator of such source, the Administrator
will not deduct such CSAPR NOX Ozone Season Group 2
allowance under paragraph (e)(4)(i) of this section. For purposes of
this paragraph, each owner or operator of a source shall be deemed to
be a person with an ownership interest in any CSAPR NOX
Ozone Season Group 2 allowance held in that source's compliance
account. The limitation established by this paragraph on the
deductibility of certain CSAPR NOX Ozone Season Group 2
allowances under paragraph (e)(4)(i) of this section shall not be
construed as a waiver of the surrender requirements under paragraph
(e)(2)(i) of this section corresponding to such CSAPR NOX
Ozone Season Group 2 allowances.
    (iii) Not less than 45 days before the planned date for any
deductions under paragraph (e)(4)(i) of this section, the Administrator
will send a notification to the authorized account representative for
the Allowance Management System account from which such deductions

will be made identifying the CSAPR NOX Ozone Season Group 2
allowances to be deducted and the data upon which the Administrator has
relied and specifying a process for submission of any objections to
such data. Any objections must be submitted to the Administrator not
later than 15 days before the planned date for such deductions as
indicated in such notification.
    (5) To the extent the surrender requirements under paragraph
(e)(2)(i) of this section corresponding to any CSAPR NOX
Ozone Season Group 2 allowances allocated for a control period after
2022 and initially recorded in a given source's compliance account have
not been fully satisfied through the deductions under paragraphs (e)(3)
and (4) of this section:
    (i) The persons identified in accordance with paragraph (e)(2)(ii)
of this section with regard to such source and each such CSAPR
NOX Ozone Season Group 2 allowance shall pay any fine,
penalty, or assessment or comply with any other remedy imposed under
the Clean Air Act; and
    (ii) Each such CSAPR NOX Ozone Season Group 2 allowance,
and each day in such control period, shall constitute a separate
violation of this subpart and the Clean Air Act.
    (6) The Administrator will record in the appropriate Allowance
Management System accounts all deductions of CSAPR NOX Ozone
Season Group 2 allowances under paragraphs (e)(3) and (4) of this
section.
    (7)(i) Each submission, objection, or other written communication
from a designated representative, authorized account representative, or
other person to the Administrator under paragraph (e)(2), (3), or (4)
of this section shall be sent electronically to the email address
[email protected]. Each such communication from a designated representative
must contain the certification statement set forth in Sec.  97.814(a),
and each such communication from the authorized account representative
for a general account must contain the certification statement set
forth in Sec.  97.820(c)(2)(ii).
    (ii) Each notification from the Administrator to a designated
representative or authorized account representative under paragraph
(e)(3) or (4) of this section will be sent electronically to the email
address most recently received by the Administrator for such
representative. In any such notification, the Administrator may provide
information by means of a reference to a publicly accessible website
where the information is available.

Sec.  97.812   [Amended]

0
64. Amend Sec.  97.812 by:
0
a. In paragraph (a) introductory text, removing ``State, the
Administrator'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, the Administrator'';
0
b. In paragraphs (a)(3)(iii) and (a)(5), adding ``and areas of Indian
country within the borders of the State subject to the State's SIP
authority'' after ``in the State'';
0
c. In paragraph (a)(10), removing ``State, is allocated'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority, is allocated'';
0
d. In paragraph (b) introductory text, removing ``Indian country within
the borders of each State, the Administrator'' and adding in its place
``areas of Indian country within the borders of each State not subject
to the State's SIP authority, the Administrator''; and
0
e. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority''.

Sec.  97.821   [Amended]

0
65. In Sec.  97.821, amend paragraph (f) by removing ``2022'' and
adding in its place ``2024'', and removing ``third'' before ``year
after the year''.

Sec.  97.825   [Amended]

0
66. In Sec.  97.825, amend paragraphs (a) introductory text, (a)(2),
(b)(1)(i), (b)(1)(ii)(A) and (B), (b)(3), (b)(4)(i), (b)(5), (b)(6)(i),
(b)(6)(iii) introductory text, and (b)(6)(iii)(A) and (B) by removing
``base CSAPR'' and adding in its place ``CSAPR'' each time it appears.
0
67. Amend Sec.  97.826 by:
0
a. In paragraph (b), removing ``(c) or (d)'' and adding in its place
``(c), (d), or (e)'';
0
b. In paragraph (c), removing ``State (or Indian'' and adding in its
place ``State (and Indian'';
0
c. In paragraphs (d)(1)(i)(A) and (B), removing ``Sec.
52.38(b)(2)(iv)'' and adding in its place ``Sec.  52.38(b)(2)(ii)(B)'';
0
d. Revising paragraph (d)(1)(i)(C);
0
e. In paragraph (d)(1)(ii) introductory text, removing ``Sec.
52.38(b)(2)(v)'' and adding in its place ``Sec.  52.38(b)(2)(iii)'';
0
f. Removing and reserving paragraph (d)(1)(iii);
0
g. Revising paragraph (d)(1)(iv) introductory text;
0
h. In paragraphs (d)(1)(iv)(A) and (B), removing ``or (d)(1)(iii)(C)'';
0
i. In paragraphs (d)(2)(i) and (d)(3), removing ``Sec.  52.38(b)(2)(v)
of this chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(iii)
of this chapter (and'';
0
j. Redesignating paragraph (e) as paragraph (f) and adding a new
paragraph (e);
0
k. Revising newly redesignated paragraphs (f)(1) and (2); and
0
l. Adding paragraph (f)(3).
    The revisions and additions read as follows:

Sec.  97.826   Banking and conversion.

* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (C) The full-season CSAPR NOX Ozone Season Group 3
allowance bank target, computed as the sum for all States listed in
Sec.  52.38(b)(2)(iii)(A) of this chapter of the variability limits
under Sec.  97.1010(e) for such States for the control period in 2022.
* * * * *
    (iv) For the compliance account of each source to which an amount
of CSAPR NOX Ozone Season Group 3 allowances greater than
zero is allocated under paragraph (d)(1)(ii)(C) of this section:
* * * * *
    (e) Notwithstanding any other provision of this subpart, part 52 of
this chapter, or any SIP revision approved under Sec.  52.38(b)(8) or
(9) of this chapter:
    (1) By [45 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], the
Administrator will temporarily suspend acceptance of CSAPR
NOX Ozone Season Group 2 allowance transfers submitted under
Sec.  97.822 and, before resuming acceptance of such transfers, will
take the following actions with regard to every general account and
every compliance account except a compliance account for a CSAPR
NOX Ozone Season Group 2 source in a State listed in Sec.
52.38(b)(2)(ii)(A) of this chapter (and Indian country within the
borders of such a State):
    (i) The Administrator will deduct all CSAPR NOX Ozone
Season Group 2 allowances allocated for the control periods in 2017
through 2022 from each such account.
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the sum of all CSAPR NOX Ozone Season Group 2
allowances deducted from all such accounts under paragraph (e)(1)(i) of
this section divided by the sum of the variability limits for the
control period in 2024 under Sec.  97.1010(e) for all States listed in
Sec.  52.38(b)(2)(iii)(B) of this chapter.
    (iii) The Administrator will allocate and record in each such
account an

amount of CSAPR NOX Ozone Season Group 3 allowances for the
control period in 2023 computed as the quotient, rounded up to the
nearest allowance, of the number of CSAPR NOX Ozone Season
Group 2 allowances deducted from such account under paragraph (e)(1)(i)
of this section divided by the conversion factor determined under
paragraph (e)(1)(ii) of this section, except as provided in paragraph
(e)(1)(iv) or (v) of this section.
    (iv) Where, pursuant to paragraph (e)(1)(i) of this section, the
Administrator deducts CSAPR NOX Ozone Season Group 2
allowances from the compliance account for a source in a State not
listed in Sec.  52.38(b)(2)(iii) of this chapter (and Indian country
within the borders of such a State), the Administrator will not record
CSAPR NOX Ozone Season Group 3 allowances in that compliance
account but instead will allocate and record the amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2023 computed for such source in accordance with paragraph
(e)(1)(iii) of this section in a general account identified by the
designated representative for such source, provided that if the
designated representative fails to identify such a general account in a
submission to the Administrator by [45 DAYS AFTER EFFECTIVE DATE OF
FINAL RULE], the Administrator may record such CSAPR NOX
Ozone Season Group 3 allowances in a general account identified or
established by the Administrator with the designated representative as
the authorized account representative and with the owners and operators
of such source (as indicated on the certificate of representation for
the source) as the persons represented by the authorized account
representative.
    (v)(A) In computing any amounts of CSAPR NOX Ozone
Season Group 3 allowances to be allocated to and recorded in general
accounts under paragraph (e)(1)(iii) of this section, the Administrator
may group multiple general accounts whose ownership interests are held
by the same or related persons or entities and treat the group of
accounts as a single account for purposes of such computation.
    (B) Following a computation for a group of general accounts in
accordance with paragraph (e)(1)(v)(A) of this section, the
Administrator will allocate to and record in each individual account in
such group a proportional share of the quantity of CSAPR NOX
Ozone Season Group 3 allowances computed for such group, basing such
shares on the respective quantities of CSAPR NOX Ozone
Season Group 2 allowances removed from such individual accounts under
paragraph (e)(1)(i) of this section.
    (C) In determining the proportional shares under paragraph
(e)(1)(v)(B) of this section, the Administrator may employ any
reasonable adjustment methodology to truncate or round each such share
up or down to a whole number and to cause the total of such whole
numbers to equal the amount of CSAPR NOX Ozone Season Group
3 allowances computed for such group of accounts in accordance with
paragraph (e)(1)(v)(A) of this section, even where such adjustments
cause the numbers of CSAPR NOX Ozone Season Group 3
allowances allocated to some individual accounts to equal zero.
    (2) After the Administrator has carried out the procedures set
forth in paragraph (e)(1) of this section, upon any determination that
would otherwise result in the initial recordation of a given number of
CSAPR NOX Ozone Season Group 2 allowances in the compliance
account for a source in a State listed in Sec.  52.38(b)(2)(iii)(B) of
this chapter (and Indian country within the borders of such a State),
the Administrator will not record such CSAPR NOX Ozone
Season Group 2 allowances but instead will allocate and record in such
account an amount of CSAPR NOX Ozone Season Group 3
allowances for the control period in 2023 computed as the quotient,
rounded up to the nearest allowance, of such given number of CSAPR
NOX Ozone Season Group 2 allowances divided by the
conversion factor determined under paragraph (e)(1)(ii) of this
section.
    (f) * * *
    (1) Except as provided in paragraph (f)(3) of this section, after
the Administrator has carried out the procedures set forth in paragraph
(d)(1) of this section, the owner or operator of a CSAPR NOX
Ozone Season Group 2 source in a State listed in Sec.
52.38(b)(2)(iii)(A) of this chapter (and Indian country within the
borders of such a State) may satisfy a requirement to hold a given
number of CSAPR NOX Ozone Season Group 2 allowances for the
control period in a year from 2017 through 2020 by holding instead, in
a general account established for this sole purpose, an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2021 (or any later control period for which the allowance transfer
deadline defined in Sec.  97.1002 has passed) computed as the quotient,
rounded up to the nearest allowance, of such given number of CSAPR
NOX Ozone Season Group 2 allowances divided by the
conversion factor determined under paragraph (d)(1)(i)(D) of this
section.
    (2) Except as provided in paragraph (f)(3) of this section, after
the Administrator has carried out the procedures set forth in paragraph
(e)(1) of this section, the owner or operator of a CSAPR NOX
Ozone Season Group 2 source in a State listed in Sec.
52.38(b)(2)(iii)(B) of this chapter (and Indian country within the
borders of such a State) may satisfy a requirement to hold a given
number of CSAPR NOX Ozone Season Group 2 allowances for the
control period in a year from 2017 through 2022 by holding instead, in
a general account established for this sole purpose, an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2023 (or any later control period for which the allowance transfer
deadline defined in Sec.  97.1002 has passed) computed as the quotient,
rounded up to the nearest allowance, of such given number of CSAPR
NOX Ozone Season Group 2 allowances divided by the
conversion factor determined under paragraph (e)(1)(ii) of this
section.
    (3) CSAPR NOX Ozone Season Group 3 allowances may not be
used to satisfy requirements to surrender CSAPR NOX Ozone
Season Group 2 allowances under Sec.  97.811(d) or (e).

Subpart FFFFF--Texas SO2 Trading Program

0
68. Amend Sec.  97.902 by:
0
a. In the definition of ``alternate designated representative'',
removing ``Program or CSAPR NOX Ozone Season Group 2 Trading
Program, then'' and adding in its place ``Program, CSAPR NOX
Ozone Season Group 2 Trading Program, or CSAPR NOX Ozone
Season Group 3 Trading Program, then'';
0
b. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
c. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program''; and
0
d. In the definition of ``designated representative'', removing
``Program or CSAPR NOX Ozone Season Group 2 Trading Program,
then'' and adding in its place ``Program, CSAPR NOX Ozone
Season Group 2 Trading Program, or CSAPR NOX Ozone Season
Group 3 Trading Program, then''.
    The addition reads as follows:

Sec.  97.902   Definitions.

* * * * *
    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state

NOX air pollution control and emission reduction program
established in accordance with subpart GGGGG of this part and Sec.
52.38(b)(1), (b)(2)(iii), and (b)(10) through (14) and (17) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(10) or (11) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(12) of this chapter), as a means of
mitigating interstate transport of ozone and NOX.
* * * * *

Sec.  97.921   [Amended]

0
69. In Sec.  97.921, amend paragraph (b)(2) by removing ``2022'' and
adding in its place ``2024'', and removing ``third'' before ``year
after the year''.

Sec.  97.934   [Amended]

0
70. In Sec.  97.934, amend paragraph (d)(3) by removing ``Program or
CSAPR NOX Ozone Season Group 2 Trading Program, quarterly''
and adding in its place ``Program, CSAPR NOX Ozone Season
Group 2 Trading Program, or CSAPR NOX Ozone Season Group 3
Trading Program, quarterly''.

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

0
71. Amend Sec.  97.1002 by:
0
a. Revising the definition of ``allocate or allocation'';
0
b. In the definition of ``allowance transfer deadline'', adding
``primary'' before ``emissions limitation'';
0
c. In the definition of ``alternate designated representative'',
removing ``or CSAPR SO2 Group 1 Trading Program, then'' and
adding in its place ``CSAPR SO2 Group 1 Trading Program, or
CSAPR SO2 Group 2 Trading Program, then'';
0
d. Adding in alphabetical order a definition for ``backstop daily
NOX emissions rate'';
0
e. In the definition of ``common designated representative's assurance
level'', in paragraph (1), removing ``Sec.  97.1010(b)'' and adding in
its place ``Sec.  97.1010(e)'', and revising paragraph (2);
0
f. In the definition of ``compliance account'', adding ``primary''
before ``emissions limitation'';
0
g. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 1 Trading Program'';
0
h. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
i. In the definition of ``CSAPR NOX Ozone Season Group 3
allowance'', adding ``or (e)'' after ``Sec.  97.826(d)'', and adding
``or less'' after ``one ton'';
0
j. In the definition of ``CSAPR NOX Ozone Season Group 3
allowance deduction or deduct CSAPR NOX Ozone Season Group 3
allowances'', adding ``primary'' before ``emissions limitation'';
0
k. In the definition of ``CSAPR NOX Ozone Season Group 3
emissions limitation'', adding ``primary'' before ``emissions
limitation'';
0
l. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 secondary emissions limitation'';
0
m. In the definition of ``CSAPR NOX Ozone Season Group 3
Trading Program'', removing ``(b)(2)(v), and'' and adding in its place
``(b)(2)(iii), and'';
0
n. Adding in alphabetical order a definition for ``CSAPR SO2
Group 2 Trading Program'';
0
o. In the definition of ``designated representative'', removing ``or
CSAPR SO2 Group 1 Trading Program, then'' and adding in its
place ``CSAPR SO2 Group 1 Trading Program, or CSAPR
SO2 Group 2 Trading Program, then''.
0
p. In the definition of ``excess emissions'', adding ``primary'' before
``emissions limitation''; and
0
q. In the definition of ``State'', removing ``(b)(2)(v), and'' and
adding in its place ``(b)(2)(iii), and''.
    The revisions and additions read as follows:

Sec.  97.1002  Definitions.

* * * * *
    Allocate or allocation means, with regard to CSAPR NOX
Ozone Season Group 3 allowances, the determination by the
Administrator, State, or permitting authority, in accordance with this
subpart, Sec. Sec.  97.526(d) and 97.826(d) and (e), and any SIP
revision submitted by the State and approved by the Administrator under
Sec.  52.38(b)(10), (11), or (12) of this chapter, of the amount of
such CSAPR NOX Ozone Season Group 3 allowances to be
initially credited, at no cost to the recipient, to:
    (1) A CSAPR NOX Ozone Season Group 3 unit;
    (2) A new unit set-aside;
    (3) An Indian country new unit set-aside;
    (4) An Indian country existing unit set-aside; or
    (5) An entity not listed in paragraphs (1) through (4) of this
definition;
    (6) Provided that, if the Administrator, State, or permitting
authority initially credits, to a CSAPR NOX Ozone Season
Group 3 unit qualifying for an initial credit, a credit in the amount
of zero CSAPR NOX Ozone Season Group 3 allowances, the CSAPR
NOX Ozone Season Group 3 unit will be treated as being
allocated an amount (i.e., zero) of CSAPR NOX Ozone Season
Group 3 allowances.
* * * * *
    Backstop daily NOX emissions rate means an emissions
rate limit used in the determination of the CSAPR NOX Ozone
Season Group 3 primary emissions limitation for a CSAPR NOX
Ozone Season Group 3 source in accordance with Sec.  97.1024(b).
* * * * *
    Common designated representative's assurance level * * *
    (2) Provided that the allocations of CSAPR NOX Ozone
Season Group 3 allowances for any control period taken into account for
purposes of this definition shall exclude any CSAPR NOX
Ozone Season Group 3 allowances allocated for such control period under
Sec.  97.526(d) or Sec.  97.826(d) or (e).
* * * * *
    CSAPR NOX Ozone Season Group 1 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with subpart BBBBB of this part and Sec.
52.38(b)(1), (b)(2)(i), and (b)(3) through (5) and (13) through (15) of
this chapter (including such a program that is revised in a SIP
revision approved by the Administrator under Sec.  52.38(b)(3) or (4)
of this chapter or that is established in a SIP revision approved by
the Administrator under Sec.  52.38(b)(5) of this chapter), as a means
of mitigating interstate transport of ozone and NOX.
* * * * *
    CSAPR NOX Ozone Season Group 3 secondary emissions limitation
means, for a CSAPR NOX Ozone Season Group 3 unit to which
such a limitation applies under Sec.  97.1025(c)(1) for a control
period in a given year, the tonnage of NOX emissions
calculated for the unit in accordance with Sec.  97.1025(c)(2) for such
control period.
* * * * *
    CSAPR SO2 Group 2 Trading Program means a multi-state
SO2 air pollution control and emission reduction program
established in accordance with subpart DDDDD of this part and Sec.
52.39(a), (c), (g) through (k), and (m) of this chapter (including such
a program that is revised in a SIP revision approved by the
Administrator under Sec.  52.39(g) or (h) of this chapter or that is
established in a SIP revision approved by the Administrator under Sec.
52.39(i) of this chapter), as a means of mitigating interstate
transport of fine particulates and SO2.
* * * * *
0
72. Amend Sec.  97.1006 by:

0
a. Revising paragraph (b)(2), the paragraph (c)(1) heading, paragraph
(c)(1)(i), and paragraph (c)(1)(ii) introductory text;
0
b. Adding paragraphs (c)(1)(iii) and (iv); and
0
c. Revising paragraphs (c)(2)(iii) and (c)(3).
    The revisions and additions read as follows:

Sec.  97.1006  Standard requirements.

* * * * *
    (b) * * *
    (2) The emissions and heat input data determined in accordance with
Sec. Sec.  97.1030 through 97.1035 shall be used to calculate
allocations of CSAPR NOX Ozone Season Group 3 allowances
under Sec. Sec.  97.1011 and 97.1012 and to determine compliance with
the CSAPR NOX Ozone Season Group 3 primary and secondary
emissions limitations and assurance provisions under paragraph (c) of
this section, provided that, for each monitoring location from which
mass emissions are reported, the mass emissions amount used in
calculating such allocations and determining such compliance shall be
the mass emissions amount for the monitoring location determined in
accordance with Sec. Sec.  97.1030 through 97.1035 and rounded to the
nearest ton, with any fraction of a ton less than 0.50 being deemed to
be zero.
    (c) * * *
    (1) CSAPR NOX Ozone Season Group 3 primary and secondary emissions
limitations--(i) Primary emissions limitation. As of the allowance
transfer deadline for a control period in a given year, the owners and
operators of each CSAPR NOX Ozone Season Group 3 source and
each CSAPR NOX Ozone Season Group 3 unit at the source shall
hold, in the source's compliance account, CSAPR NOX Ozone
Season Group 3 allowances available for deduction for such control
period under Sec.  97.1024(a) in an amount not less than the amount
determined under Sec.  97.1024(b), comprising the sum of:
    (A) The tons of total NOX emissions for such control
period from all CSAPR NOX Ozone Season Group 3 units at the
source; plus
    (B) Two times the sum, for all CSAPR NOX Ozone Season
Group 3 units at the source and all days of the control period, of any
NOX emissions from such a unit on any day of the control
period exceeding the NOX emissions that would have occurred
on that day if the unit had combusted the same daily heat input and
emitted at any backstop daily NOX emissions rate applicable
to the unit for that control period.
    (ii) Exceedances of primary emissions limitation. If total
NOX emissions during a control period in a given year from
the CSAPR NOX Ozone Season Group 3 units at a CSAPR
NOX Ozone Season Group 3 source are in excess of the CSAPR
NOX Ozone Season Group 3 primary emissions limitation set
forth in paragraph (c)(1)(i) of this section, then:
* * * * *
    (iii) Secondary emissions limitation. The owner or operator of a
base CSAPR NOX Ozone Season Group 3 unit subject to an
emissions limitation under Sec.  97.1025(c)(1) shall not discharge, or
allow to be discharged, emissions of NOX to the atmosphere
during a control period in excess of the tonnage amount calculated in
accordance with Sec.  97.1025(c)(2).
    (iv) Exceedances of secondary emissions limitation. If total
NOX emissions during a control period in a given year from a
base CSAPR NOX Ozone Season Group 3 unit are in excess of
the amount of a CSAPR NOX Ozone Season Group 3 secondary
emissions limitation applicable to the unit for the control period
under paragraph (c)(1)(iii) of this section, then the owners and
operators of the unit and the source at which the unit is located shall
pay any fine, penalty, or assessment or comply with any other remedy
imposed, for the same violations, under the Clean Air Act, and each ton
of such excess emissions and each day of such control period shall
constitute a separate violation of this subpart and the Clean Air Act.
    (2) * * *
    (iii) Total NOX emissions from all base CSAPR
NOX Ozone Season Group 3 units at base CSAPR NOX
Ozone Season Group 3 sources in a State (and Indian country within the
borders of such State) during a control period in a given year exceed
the State assurance level if such total NOX emissions exceed
the sum, for such control period, of the State NOX Ozone
Season Group 3 trading budget under Sec.  97.1010(a) and the State's
variability limit under Sec.  97.1010(e).
* * * * *
    (3) Compliance periods.(i) A CSAPR NOX Ozone Season
Group 3 unit shall be subject to the requirements under paragraphs
(c)(1)(i) and (ii) of this section, and a base CSAPR NOX
Ozone Season Group 3 unit shall be subject to the requirements under
paragraph (c)(2) of this section, for the control period starting on
the later of the applicable date in paragraph (c)(3)(i)(A), (B), or (C)
of this section or the deadline for meeting the unit's monitor
certification requirements under Sec.  97.1030(b) and for each control
period thereafter:
    (A) May 1, 2021, for a unit in a State (and Indian country within
the borders of such State) listed in Sec.  52.38(b)(2)(iii)(A) of this
chapter;
    (B) May 1, 2023, for a unit in a State (and Indian country within
the borders of such State) listed in Sec.  52.38(b)(2)(iii)(B) of this
chapter; or
    (C) [EFFECTIVE DATE OF FINAL RULE], for a unit in a State (and
Indian country within the borders of such State) listed in Sec.
52.38(b)(2)(iii)(C) of this chapter.
    (ii) A base CSAPR NOX Ozone Season Group 3 unit shall be
subject to the requirements under paragraphs (c)(1)(iii) and (iv) of
this section for the control period starting on the later of May 1,
2024 or the deadline for meeting the unit's monitor certification
requirements under Sec.  97.1030(b) and for each control period
thereafter.
* * * * *
0
73. Revise Sec.  97.1010 to read as follows:

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

    (a) State NOX Ozone Season Group 3 trading budgets. (1)(i) The
State NOX Ozone Season Group 3 trading budgets for
allocations of CSAPR NOX Ozone Season Group 3 allowances for
the control periods in 2021, 2022, 2023, and 2024 are as indicated in
Table 1 to this paragraph, subject to prorating for the control period
in 2023 as provided in paragraph (a)(1)(ii) of this section:

        Table 1 to Paragraph (a)(1)(i)--State NOX Ozone Season Group 3 Trading Budgets by Control Period
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                                                                                Portion of
                                                                    Portion of     2023 control
                                                                   2023 control    period on and
                                                                   period before       after
              State                    2021            2022         [EFFECTIVE      [EFFECTIVE         2024
                                                                   DATE OF FINAL   DATE OF FINAL
                                                                   RULE], before   RULE], before
                                                                     prorating       prorating
----------------------------------------------------------------------------------------------------------------
Alabama.........................  ..............  ..............          13,211           6,364           6,306
Arkansas........................  ..............  ..............           9,210           8,889           8,889
Delaware........................  ..............  ..............  ..............             384             434
Illinois........................          11,223           9,102           8,179           7,364           7,463
Indiana.........................          17,004          12,582          12,553          11,151           9,391
Kentucky........................          17,542          14,051          14,051          11,640          11,640
Louisiana.......................          16,291          14,818          14,818           9,312           9,312
Maryland........................           2,397           1,266           1,266           1,187           1,187
Michigan........................          14,384          12,290           9,975          10,718          10,718
Minnesota.......................  ..............  ..............  ..............           3,921           3,921
Mississippi.....................  ..............  ..............           6,315           5,024           4,400
Missouri........................  ..............  ..............          15,780          11,857          11,857
Nevada..........................  ..............  ..............  ..............           2,280           2,372
New Jersey......................           1,565           1,253           1,253             799             799
New York........................           4,079           3,416           3,421           3,763           3,763
Ohio............................          13,481           9,773           9,773           8,369           8,369
Oklahoma........................  ..............  ..............          11,641          10,265           9,573
Pennsylvania....................          12,071           8,373           8,373           8,855           8,855
Tennessee.......................  ..............  ..............           7,736           4,234           4,234
Texas...........................  ..............  ..............          52,301          38,284          38,284
Utah............................  ..............  ..............  ..............          14,981          15,146
Virginia........................           6,331           3,897           3,980           3,090           2,814
West Virginia...................          15,062          12,884          12,884          12,478          12,478
Wisconsin.......................  ..............  ..............           7,915           5,963           5,057
Wyoming.........................  ..............  ..............  ..............           9,125           8,573
----------------------------------------------------------------------------------------------------------------

    (ii) For the control period in 2023, the State NOX Ozone
Season Group 3 trading budget for each State shall be calculated as the
sum of the following prorated amounts, rounded to the nearest
allowance:
    (A) The product of the non-prorated trading budget for the portion
of the 2023 control period before [EFFECTIVE DATE OF FINAL RULE] shown
for the State in Table 1 to paragraph (a)(1)(i) of this section (or
zero if Table 1 shows no amount for such portion of the 2023 control
period for the State) multiplied by a fraction whose numerator is the
number of days from May 1, 2023 through the day before [EFFECTIVE DATE
OF FINAL RULE], inclusive, and whose denominator is 153; and
    (B) The product of the non-prorated trading budget for the portion
of the 2023 control period on and after [EFFECTIVE DATE OF FINAL RULE]
shown for the State in Table 1 to paragraph (a)(1)(i) of this section
multiplied by a fraction whose numerator is the number of days from
[EFFECTIVE DATE OF FINAL RULE] through September 30, 2023, inclusive,
and whose denominator is 153.
    (2) The State NOX Ozone Season Group 3 trading budget
for each State and each control period in 2025 and thereafter shall be
the amount provided for the State and control period in the applicable
notice of data availability issued under paragraph (a)(3)(v)(C) of this
section.
    (3) The Administrator will calculate the State NOX Ozone
Season Group 3 trading budget for each State and each control period in
2025 and thereafter in the year before the year of the control period
as follows:
    (i) The State's trading budget for the control period shall be
calculated as the sum (converted to tons at a conversion factor of
2,000 lb/ton and rounded to the nearest ton), for all units identified
for inclusion in the calculation under paragraph (a)(3)(ii) of this
section, of the product for each such unit of the NOX
emissions rate in lb/mmBtu identified for the unit under paragraph
(a)(3)(iii) of this section multiplied by the heat input in mmBtu
identified for the unit under paragraph (a)(3)(iv) of this section.
    (ii) A unit in a State (and Indian country within the borders of
the State) shall be included in the calculation of the State's trading
budget for a control period if:
    (A) The unit was included in the calculation of the State's trading
budget for the immediately preceding control period; or
    (B) The unit's deadline for certification of monitoring systems
under Sec.  97.1030(b) is on or before May 1 of the year two years
before the year of the control period (e.g., May 1, 2023 for
calculation of the trading budget for the control period in 2025);
    (C) Provided that a unit shall not be included in the calculation
of a State's trading budget for a control period if, before completing
such calculation, the Administrator determines that the unit is not
actually a CSAPR NOX Ozone Season Group 3 unit.
    (iii) For each unit included in the calculation of the State's
trading budget for a control period, the NOX emissions rate
in lb/mmBtu used in the calculation shall be identified as follows:
    (A) For a unit listed in the table entitled ``Dynamic Budget 2023
Template'' and ``Dynamic Budget 2026+ Template'' posted at
www.regulations.gov with docket identification number EPA-HQ-OAR-2021-
0668-[XXXX], the NOX emissions rate used in the calculation
for the control period shall be the NOX emissions rate shown
for the unit and control period in the tables.

    (B) For a unit not listed in the table referenced in paragraph
(a)(3)(iii)(A) of this section, the NOX emissions rate used
in the calculation for the control period shall be identified according
to the type of unit and the type of fuel combusted by the unit during
the control period beginning May 1 on or immediately after the unit's
deadline for certification of monitoring systems under Sec.  97.1030(b)
as follows:
    (1) 0.012 lb/mmBtu, for a combined cycle combustion turbine other
than an integrated coal gasification combined cycle unit;
    (2) 0.030 lb/mmBtu, for a simple cycle combustion turbine or a
boiler combusting only fuel oil or gaseous fuel (other than coal-
derived fuel) during such control period; or
    (3) 0.050 lb/mmBtu, for a boiler combusting any amount of coal or
coal-derived fuel during such control period or any other unit not
covered by paragraph (a)(3)(iii)(B)(1) or (2) of this section.
    (iv) For each unit included in the calculation of the State's
trading budget for a control period, the heat input in mmBtu used in
the calculation shall be identified as follows:
    (A) Except as provided in paragraph (a)(3)(iv)(B) of this section,
the heat input used in the calculation for the control period shall be
the heat input reported for the unit for the control period in the year
two years before the year of the control period (e.g., heat input
reported for the control period in 2023 shall be used in calculating
the trading budget for the control period in 2025).
    (B) If no heat input data were reported for the unit for the
control period in the year two years before the year of the control
period and the heat input used for the unit in calculating the State's
trading budget for the control period in 2024 was an estimate rather
than the unit's actual reported heat input for the control period in
2021 or an earlier year, the same estimated heat input used in
calculating the State's trading budget for the control period in 2024
shall be used in the calculations of the State's trading budgets for
the control periods in 2025 and 2026.
    (v)(A) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the State CSAPR NOX Ozone
Season Group 3 trading budget for each State, in accordance with
paragraph (a)(3)(i) through (iv) of this section and Sec. Sec.
97.1006(b)(2) and 97.1030 through 97.1035, for the control period in
the year after the year of the applicable calculation deadline under
this paragraph and will promulgate a notice of data availability of the
results of the calculations.
    (B) For each notice of data availability required in paragraph
(a)(3)(v)(A) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice. Objections shall be submitted by the deadline specified
in such notice and shall be limited to addressing whether the
calculations (including the identification of the units included in the
calculations) are in accordance with the provisions referenced in
paragraph (a)(3)(v)(A) of this section.
    (C) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (a)(3)(v)(A) of this section. By May 1
immediately after the promulgation of each notice of data availability
required in paragraph (a)(3)(v)(A) of this section, the Administrator
will promulgate a notice of data availability of the results of the
calculations incorporating any adjustments that the Administrator
determines to be necessary and the reasons for accepting or rejecting
any objections submitted in accordance with paragraph (a)(3)(v)(B) of
this section.
    (b) New unit set-asides. (1) The States' new unit set-asides for
allocations of CSAPR NOX Ozone Season Group 3 allowances for
the control periods in 2021, 2022, 2023, and 2024 are as indicated in
Table 2 to this paragraph:

                       Table 2 to Paragraph (b)(1)--New Unit Set-Asides by Control Period
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
                      State                            2021            2022            2023            2024
----------------------------------------------------------------------------------------------------------------
Alabama.........................................  ..............  ..............             191             189
Arkansas........................................  ..............  ..............             178             178
Delaware........................................  ..............  ..............              54              61
Illinois........................................             265             265             368             373
Indiana.........................................             262             254             223             188
Kentucky........................................             309             283             233             233
Louisiana.......................................             430             430             186             186
Maryland........................................             135             115              24              24
Michigan........................................             500             482             429             429
Minnesota.......................................  ..............  ..............              78              78
Mississippi.....................................  ..............  ..............             100              88
Missouri........................................  ..............  ..............             237             237
Nevada..........................................  ..............  ..............             137             142
New Jersey......................................              27              27              16              16
New York........................................             168             168             188             188
Ohio............................................             291             290             418             418
Oklahoma........................................  ..............  ..............             205             191
Pennsylvania....................................             335             339             266             266
Tennessee.......................................  ..............  ..............              85              85
Texas...........................................  ..............  ..............             766             766
Utah............................................  ..............  ..............             449             454
Virginia........................................             185             161             155             141
West Virginia...................................             266             261             250             250
Wisconsin.......................................  ..............  ..............             119             101
Wyoming.........................................  ..............  ..............             274             257
----------------------------------------------------------------------------------------------------------------

    (2) The new unit set-aside for allocations of CSAPR NOX
Ozone Season Group 3 allowances for each State for each control period
in 2025 and thereafter shall be calculated as the product (rounded to
the nearest allowance) of the State NOX Ozone Season Group 3
trading budget determined for the State and control period under
paragraph (a)(2) of this section multiplied by 0.02.
    (c) Indian country new unit set-asides for the control periods in
2021 and 2022. The States' Indian country new unit set-asides for
allocations of CSAPR NOX Ozone Season Group 3 allowances for
the control periods in 2021 and 2022 are as indicated in Table 3 to
this paragraph:

 Table 3 to Paragraph (c)--Indian Country New Unit Set-Asides by Control
                                 Period
                                 [Tons]
------------------------------------------------------------------------
                       State                           2021       2022
------------------------------------------------------------------------
Alabama...........................................  .........  .........
Arkansas..........................................  .........  .........
Delaware..........................................  .........  .........
Illinois..........................................  .........  .........
Indiana...........................................  .........  .........
Kentucky..........................................  .........  .........
Louisiana.........................................         15         15
Maryland..........................................  .........  .........
Michigan..........................................         13         12
Minnesota.........................................  .........  .........
Mississippi.......................................  .........  .........
Missouri..........................................  .........  .........
Nevada............................................  .........  .........
New Jersey........................................  .........  .........
New York..........................................          3          3
Ohio..............................................  .........  .........
Oklahoma..........................................  .........  .........
Pennsylvania......................................  .........  .........
Tennessee.........................................  .........  .........
Texas.............................................  .........  .........
Utah..............................................  .........  .........
Virginia..........................................  .........  .........
West Virginia.....................................  .........  .........
Wisconsin.........................................  .........  .........
Wyoming...........................................  .........  .........
------------------------------------------------------------------------

    (d) Indian country existing unit set-asides for the control periods
in 2023 and thereafter. The Indian country existing unit set-aside for
allocations of CSAPR NOX Ozone Season Group 3 allowances for
each State for each control period in 2023 and thereafter shall be
calculated as the sum of all allowance allocations to units in areas of
Indian country within the borders of the State not subject to the
State's SIP authority as provided in the applicable notice of data
availability for the control period referenced in Sec.  97.1011(a)(2).
    (e) Variability limits. (1) The variability limit for the State
NOX Ozone Season Group 3 trading budget for each State for
each control period from 2021 through 2024 shall be calculated as the
product (rounded to the nearest ton) of the State NOX Ozone
Season Group 3 trading budget determined for the State and control
period in accordance with paragraph (a)(1) of this section multiplied
by 0.21.
    (2) The variability limit for the State NOX Ozone Season
Group 3 trading budget for each State for each control period in 2025
and thereafter shall be calculated as the product (rounded to the
nearest ton) of the State NOX Ozone Season Group 3 trading
budget determined for the State and control period in accordance with
paragraph (a)(2) of this section multiplied by the greater of:
    (i) 0.21; or
    (ii) Any excess over 1.00 of the quotient (rounded to two decimal
places) of the total heat input reported for the control period for all
CSAPR NOX Ozone Season Group 3 units in the State and Indian
country within the borders of the State divided by the total heat input
used in the calculation of the State's trading budget for the control
period under paragraph (a)(3) of this section.
    (f) Relationship of trading budgets, set-asides, and variability
limits. Each State NOX Ozone Season Group 3 trading budget
in this section includes any tons in a new unit set-aside, Indian
country new unit set-aside, or Indian country existing unit set-aside
but does not include any tons in a variability limit.
0
74. Amend Sec.  97.1011 by revising the section heading and paragraphs
(a), (b), and (c)(1) and (5) to read as follows:

Sec.  97.1011  CSAPR NOX Ozone Season Group 3 allowance allocations to
existing units.

    (a) Allocations to existing units in general. (1) For the control
periods in 2021 and each year thereafter, CSAPR NOX Ozone
Season Group 3 allowances will be allocated to units in each State and
areas of Indian country within the borders of the State subject to the
State's SIP authority as provided in notices of data availability
issued by the Administrator. Starting with the control period in 2025,
the notices of data availability will be the notices issued under
paragraph (b)(10)(iii) of this section.
    (2) For the control periods in 2023 and each year thereafter, CSAPR
NOX Ozone Season Group 3 allowances will be allocated to
units in areas of Indian country within the borders of each State not
subject to the State's SIP authority as provided in notices of data
availability issued by the Administrator. Starting with the control
period in 2025, the notices of data availability will be the notices
issued under paragraph (b)(10)(iii) of this section.
    (3) Providing an allocation to a unit in a notice of data
availability does not constitute a determination that the unit is a
CSAPR NOX Ozone Season Group 3 unit, and not providing an
allocation to a unit in such notice does not constitute a determination
that the unit is not a CSAPR NOX Ozone Season Group 3 unit.
    (b) Calculation of default allocations to existing units for
control periods in 2025 and thereafter. For each control period in 2025
and thereafter, and for the CSAPR NOX Ozone Season Group 3
units in each State and areas of Indian country within the borders of
the State, the Administrator will calculate default allocations of
CSAPR NOX Ozone Season Group 3 allowances to the CSAPR
NOX Ozone Season Group 3 units as follows:
    (1) For each State and control period, the total amount of CSAPR
NOX Ozone Season Group 3 allowances for which default
allocations will be calculated will be the remainder of the State
NOX Ozone Season Group 3 trading budget for the control
period under Sec.  97.1010(a)(2) minus the new unit set-aside for the
control period under Sec.  97.1010(b)(2).
    (2) A default allocation of CSAPR NOX Ozone Season Group
3 allowances will be calculated for a CSAPR NOX Ozone Season
Group 3 unit in the State and Indian country within the borders of the
State for a control period if:
    (i) The unit meets the conditions under Sec.  97.1010(a)(3)(ii) to
be included in the calculation of the State's trading budget for the
control period; and
    (ii) The unit reported heat input greater than zero for the control
period in the year two years before the year of the control period.
    (3) For each CSAPR NOX Ozone Season Group 3 unit for
which a default allocation is being calculated for a control period,
the Administrator will determine the following amounts for the five-
year historical period ending with the year two years before the year
of the control period for which default allocations are being
calculated:
    (i) The total heat input reported for the unit in accordance with
part 75 of this chapter for the control period in each year of the
five-year historical period;
    (ii) The average of the three highest of the total heat input
values determined for the unit under paragraph (b)(3)(i) of this
section or, if fewer than three non-zero values were determined for the
unit, the average of all such non-zero heat input values;

    (iii) The total NOX emissions reported for the unit in
accordance with part 75 of this chapter for the control period in each
year of the five-year historical period; and
    (iv) The maximum of the total NOX emissions values
determined for the unit under paragraph (b)(3)(iii) of this section.
    (4) The Administrator will calculate the initial unrounded default
allocations for each CSAPR NOX Ozone Season Group 3 unit
according to the procedure in paragraph (b)(5) of this section and will
recalculate the unrounded default allocations according to the
procedures in paragraph (b)(6) or (7) of this section, as applicable,
iterating the recalculations as necessary until the total of the
unrounded default allocations to all eligible units equals the amount
of allowances determined for the State under paragraph (b)(1) of this
section.
    (5) The Administrator will calculate the initial unrounded default
allocations to CSAPR NOX Ozone Season Group 3 units as
follows:
    (i) The Administrator will calculate the sum, for all units
determined under paragraph (b)(2) of this section to be eligible to
receive a default allocation, of the units' average heat input
determined under paragraph (b)(3)(ii) of this section.
    (ii) For each unit determined under paragraph (b)(2) of this
section to be eligible to receive a default allocation, the
Administrator will calculate the unit's unrounded default allocation as
the lesser of:
    (A) The product of the total amount of allowances determined for
the State and control period under paragraph (b)(1) of this section
multiplied by a fraction whose numerator is the unit's average heat
input determined under paragraph (b)(3)(ii) of this section and whose
denominator is the sum determined under paragraph (b)(5)(i) of this
section; and
    (B) The unit's maximum total NOX emissions determined
under paragraph (b)(3)(iv) of this section.
    (iii) If the sum of the unrounded default allocations determined
under paragraph (b)(5)(ii) of this section is less than the total
amount of allowances determined for the State and control period under
paragraph (b)(1) of this section, the Administrator will follow the
procedures in paragraph (b)(6) or (7) of this section, as applicable.
    (iv) If the sum of the unrounded default allocations determined
under paragraph (b)(5)(ii) of this section equals the total amount of
allowances determined for the State and control period under paragraph
(b)(1) of this section, the Administrator will determine the rounded
default allocations according to the procedures in paragraphs (b)(8)
and (9) of this section.
    (6) If the unrounded default allocation determined in the previous
round of the calculation procedure for at least one CSAPR
NOX Ozone Season Group 3 unit is less than the unit's
maximum total NOX emissions determined under paragraph
(b)(3)(iv) of this section, the Administrator will recalculate the
unrounded default allocations as follows:
    (i) The Administrator will calculate the additional pool of
allowances to be allocated as the remainder of the total amount of
allowances determined for the State and control period under paragraph
(b)(1) of this section minus the sum of the unrounded default
allocations from the previous round of the calculation procedure for
all units determined under paragraph (b)(2) of this section to be
eligible to receive a default allocation.
    (ii) The Administrator will calculate the sum, for all units whose
unrounded default allocations determined in the previous round of the
calculation procedure were less than the respective units' maximum
total NOX emissions determined under paragraph (b)(3)(iv) of
this section, of the units' average heat input determined under
paragraph (b)(3)(ii) of this section.
    (iii) For each unit whose unrounded default allocation determined
in the previous round of the calculation was less than the unit's
maximum total NOX emissions determined under paragraph
(b)(3)(iv) of this section, the Administrator will recalculate the
unit's unrounded default allocation, before rounding, as the lesser of:
    (A) The sum of the unit's unrounded default allocation determined
in the previous round of the calculation procedure plus the product of
the additional pool of allowances determined under paragraph (b)(6)(i)
of this section multiplied by a fraction whose numerator is the unit's
average heat input determined under paragraph (b)(3)(ii) of this
section and whose denominator is the sum determined under paragraph
(b)(6)(ii) of this section; and
    (B) The unit's maximum total NOX emissions determined
under paragraph (b)(3)(iv) of this section.
    (iv) Except as provided in paragraph (b)(6)(iii) of this section, a
unit's unrounded default allocation shall equal the amount determined
in the previous round of the calculation procedure.
    (v) If the sum of the unrounded default allocations determined
under paragraphs (b)(6)(iii) and (iv) of this section is less than the
total amount of allowances determined for the State and control period
under paragraph (b)(1) of this section, the Administrator will iterate
the procedures in paragraph (b)(6) of this section or follow the
procedures in paragraph (b)(7) of this section, as applicable.
    (vi) If the sum of the unrounded default allocations determined
under paragraphs (b)(6)(iii) and (iv) of this section equals the total
amount of allowances determined for the State and control period under
paragraph (b)(1) of this section, the Administrator will determine the
rounded default allocations according to the procedures in paragraphs
(b)(8) and (9) of this section.
    (7) If the unrounded default allocation determined in the previous
round of the calculation procedure for every CSAPR NOX Ozone
Season Group 3 unit equals the unit's maximum total NOX
emissions determined under paragraph (b)(3)(iv) of this section, the
Administrator will recalculate the unrounded default allocations as
follows:
    (i) The Administrator will calculate the additional pool of
allowances to be allocated as the remainder of the total amount of
allowances determined for the State and control period under paragraph
(b)(1) of this section minus the sum of the unrounded default
allocations from the previous round for all units determined under
paragraph (b)(2) of this section to be eligible to receive a default
allocation.
    (ii) The Administrator will recalculate the unrounded default
allocation for each eligible unit as the sum of:
    (A) The unit's unrounded default allocation as determined in the
previous round of the calculation procedure; plus
    (B) The product of the additional pool of allowances determined
under paragraph (b)(7)(i) of this section multiplied by a fraction
whose numerator is the unit's average heat input determined under
paragraph (b)(3)(ii) of this section and whose denominator is the sum
determined under paragraph (b)(5)(i) of this section.
    (8) The Administrator will round the default allocation for each
eligible unit determined under paragraph (b)(5), (6), or (7) of this
section to the nearest allowance and make any adjustments required
under paragraph (b)(9) of this section.
    (9) If the sum of the default allocations after rounding under
paragraph (b)(8) of this section does not equal the total amount of
allowances determined for the State and control period under paragraph
(b)(1) of this

section, the Administrator will adjust the default allocations as
follows. The Administrator will list the CSAPR NOX Ozone
Season Group 3 units in descending order based on such units'
allocation amounts under paragraph (b)(8) of this section and, in cases
of equal allocation amounts, in alphabetical order of the relevant
sources' names and numerical order of the relevant units'
identification numbers, and will adjust each unit's allocation amount
upward or downward by one CSAPR NOX Ozone Season Group 3
allowance (but not below zero) in the order in which the units are
listed, and will repeat this adjustment process as necessary, until the
total of the adjusted default allocations equals the total amount of
allowances determined for the State and control period under paragraph
(b)(1) of this section.
    (10)(i) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the default allocation of CSAPR
NOX Ozone Season Group 3 allowances to each CSAPR
NOX Ozone Season Group 3 unit in a State and Indian country
within the borders of the State, in accordance with paragraphs (b)(1)
through (9) of this section and Sec. Sec.  97.1006(b)(2) and 97.1030
through 97.1035, for the control period in the year after the year of
the applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) For each notice of data availability required in paragraph
(b)(10)(i) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice. Objections shall be submitted by the deadline specified
in such notice of data availability and shall be limited to addressing
whether the calculations (including the identification of the CSAPR
NOX Ozone Season Group 3 units) are in accordance with the
provisions referenced in paragraph (b)(10)(i) of this section.
    (iii) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (b)(10)(i) of this section. By May 1
immediately after the promulgation of each notice of data availability
required in paragraph (b)(10)(i) of this section, the Administrator
will promulgate a notice of data availability of the results of the
calculations incorporating any adjustments that the Administrator
determines to be necessary and the reasons for accepting or rejecting
any objections submitted in accordance with paragraph (b)(10)(ii) of
this section.
    (c) Incorrect allocations of CSAPR NOX Ozone Season Group 3
allowances to existing units. (1) For each control period in 2021 and
thereafter, if the Administrator determines that CSAPR NOX
Ozone Season Group 3 allowances were allocated for the control period
to a recipient covered by the provisions of paragraph (c)(1)(i), (ii),
or (iii) of this section, then the Administrator will notify the
designated representative of the recipient and will act in accordance
with the procedures set forth in paragraphs (c)(2) through (5) of this
section:
    (i) The recipient is not actually a CSAPR NOX Ozone
Season Group 3 unit under Sec.  97.1004 as of the first day of the
control period and is allocated CSAPR NOX Ozone Season Group
3 allowances for such control period under paragraph (a)(1) or (2) of
this section;
    (ii) The recipient is not actually a CSAPR NOX Ozone
Season Group 3 unit under Sec.  97.1004 as of the first day of the
control period and is allocated CSAPR NOX Ozone Season Group
3 allowances for such control period under a provision of a SIP
revision approved under Sec.  52.38(b)(10), (11), or (12) of this
chapter that the SIP revision provides should be allocated only to
recipients that are CSAPR NOX Ozone Season Group 3 units as
of the first day of such control period; or
    (iii) The recipient is not located as of the first day of the
control period in the State (and Indian country within the borders of
the State) from whose NOX Ozone Season Group 3 trading
budget the CSAPR NOX Ozone Season Group 3 allowances
allocated under paragraph (a)(1) or (2) of this section, or under a
provision of a SIP revision approved under Sec.  52.38(b)(10), (11), or
(12) of this chapter, were allocated for such control period.
* * * * *
    (5) With regard to any CSAPR NOX Ozone Season Group 3
allowances that are not recorded, or that are deducted as an incorrect
allocation, in accordance with paragraphs (c)(2) and (3) of this
section:
    (i) If the non-recordation decision under paragraph (c)(2) of this
section or the deduction under paragraph (c)(3) of this section occurs
on or before May 1, 2024, the Administrator will transfer the CSAPR
NOX Ozone Season Group 3 allowances to the new unit set-
aside for 2021, 2022, or 2023 for the State from whose NOX
Ozone Season Group 3 trading budget the CSAPR NOX Ozone
Season Group 3 allowances were allocated.
    (ii) If the non-recordation decision under paragraph (c)(2) of this
section or the deduction under paragraph (c)(3) of this section occurs
after May 1, 2024 and on or before May 1 of the year following the year
of the control period for which the CSAPR NOX Ozone Season
Group 3 allowances were allocated, the Administrator will transfer the
CSAPR NOX Ozone Season Group 3 allowances to the new unit
set-aside for such control period for the State from whose
NOX Ozone Season Group 3 trading budget the CSAPR
NOX Ozone Season Group 3 allowances were allocated.
    (iii) If the non-recordation decision under paragraph (c)(2) of
this section or the deduction under paragraph (c)(3) of this section
occurs after May 1, 2024 and after May 1 of the year following the year
of the control period for which the CSAPR NOX Ozone Season
Group 3 allowances were allocated, the Administrator will transfer the
CSAPR NOX Ozone Season Group 3 allowances to a surrender
account.
0
75. Amend Sec.  97.1012 by:
0
a. Revising paragraphs (a) introductory text and (a)(1)(i) and (ii);
0
b. Removing paragraphs (a)(1)(iii) and (iv);
0
c. Revising paragraphs (a)(2) and (a)(3)(i);
0
d. In paragraph (a)(3)(ii), adding ``and'' after the semicolon;
0
e. Revising paragraph (a)(3)(iii);
0
f. Removing paragraph (a)(3)(iv);
0
g. Revising paragraphs (a)(5) and (10):
0
h. In paragraph (a)(11), removing ``Sec.  97.1011(b)(1)(i), (ii), and
(v), of'' and adding in its place ``paragraph (a)(13) of this section,
of'';
0
i. Adding paragraph (a)(13);
0
j. Revising paragraphs (b) introductory text and (b)(1) and (2);
0
k. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
l. Revising paragraph (b)(10);
0
m. In paragraph (b)(11), removing ``Sec.  97.1011(b)(2)(i), (ii), and
(v), of'' and adding in its place ``paragraph (b)(13) of this section,
of''; and
0
n. Adding paragraphs (b)(13) and (c).
    The revisions and additions read as follows:

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

    (a) Allocations from new unit set-asides. For each control period
in 2021 and thereafter for a State listed in Sec.  52.38(b)(2)(iii)(A)
of this chapter, or 2023 and thereafter for a State listed in Sec.
52.38(b)(2)(iii)(B) or (C) of this chapter, and for the CSAPR
NOX Ozone Season Group 3 units in each State and areas of

Indian country within the borders of the State (except, for the control
periods in 2021 and 2022, areas of Indian country within the borders of
the State not subject to the State's SIP authority), the Administrator
will allocate CSAPR NOX Ozone Season Group 3 allowances to
the CSAPR NOX Ozone Season Group 3 units as follows:
    (1) * * *
    (i) CSAPR NOX Ozone Season Group 3 units that are not
allocated an amount of CSAPR NOX Ozone Season Group 3
allowances for such control period in the applicable notice of data
availability referenced in Sec.  97.1011(a)(1) or (2) and that have
deadlines for certification of monitoring systems under Sec.
97.1030(b) not later than September 30 of the year of the control
period; or
    (ii) CSAPR NOX Ozone Season Group 3 units whose
allocation of an amount of CSAPR NOX Ozone Season Group 3
allowances for such control period in the applicable notice of data
availability referenced in Sec.  97.1011(a)(1) or (2) is covered by
Sec.  97.1011(c)(2) or (3).
    (2) The Administrator will establish a separate new unit set-aside
for the State for each such control period. Each such new unit set-
aside will be allocated CSAPR NOX Ozone Season Group 3
allowances in an amount equal to the applicable amount of tons of
NOX emissions as set forth in Sec.  97.1010(b) and will be
allocated additional CSAPR NOX Ozone Season Group 3
allowances (if any) in accordance with Sec.  97.1011(c)(5) and
paragraphs (b)(10) and (c)(5) of this section.
    (3) * * *
    (i) The control period in 2021, for a State listed in Sec.
52.38(b)(2)(iii)(A) of this chapter, or the control period in 2023, for
a State listed in Sec.  52.38(b)(2)(iii)(B) or (C) of this chapter;
* * * * *
    (iii) For a unit described in paragraph (a)(1)(ii) of this section,
the first control period in which the CSAPR NOX Ozone Season
Group 3 unit operates in the State and Indian country within the
borders of the State (except, for the control periods in 2021 and 2022,
areas of Indian country within the borders of the State not subject to
the State's SIP authority) after operating in another jurisdiction and
for which the unit is not already allocated one or more CSAPR
NOX Ozone Season Group 3 allowances.
* * * * *
    (5) The Administrator will calculate the sum of the allocation
amounts of CSAPR NOX Ozone Season Group 3 allowances
determined for all such CSAPR NOX Ozone Season Group 3 units
under paragraph (a)(4)(i) of this section in the State and Indian
country within the borders of the State (except, for the control
periods in 2021 and 2022, areas of Indian country within the borders of
the State not subject to the State's SIP authority) for such control
period.
* * * * *
    (10)(i) For a control period in 2021 or 2022, if, after completion
of the procedures under paragraphs (a)(2) through (7) and (12) of this
section for a control period, any unallocated CSAPR NOX
Ozone Season Group 3 allowances remain in the new unit set-aside for
the State for such control period, the Administrator will allocate to
each CSAPR NOX Ozone Season Group 3 unit that is in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority and is allocated an amount of
CSAPR NOX Ozone Season Group 3 allowances for the control
period in the applicable notice of data availability referenced in
Sec.  97.1011(a)(1) an amount of CSAPR NOX Ozone Season
Group 3 allowances equal to the following: The total amount of such
remaining unallocated CSAPR NOX Ozone Season Group 3
allowances in such new unit set-aside, multiplied by the unit's
allocation under Sec.  97.1011(a)(1) for such control period, divided
by the remainder of the amount of tons in the applicable State
NOX Ozone Season Group 3 trading budget minus the sum of the
amounts of tons in such new unit set-aside and the Indian country new
unit set-aside for the State for such control period, and rounded to
the nearest allowance.
    (ii) For a control period in 2023 or thereafter, if, after
completion of the procedures under paragraphs (a)(2) through (7) and
(12) of this section for a control period, any unallocated CSAPR
NOX Ozone Season Group 3 allowances remain in the new unit
set-aside for the State for such control period, the Administrator will
allocate to each CSAPR NOX Ozone Season Group 3 unit that is
in the State and Indian country within the borders of the State and is
allocated an amount of CSAPR NOX Ozone Season Group 3
allowances for the control period by the Administrator in the
applicable notice of data availability referenced in Sec.
97.1011(a)(1) or (2), or under a provision of a SIP revision approved
under Sec.  52.38(b)(10), (11), or (12) of this chapter, an amount of
CSAPR NOX Ozone Season Group 3 allowances equal to the
following: The total amount of such remaining unallocated CSAPR
NOX Ozone Season Group 3 allowances in such new unit set-
aside, multiplied by the unit's allocation under Sec.  97.1011(a)(1) or
(2) or a provision of a SIP revision approved under Sec.  52.38(b)(10),
(11), or (12) of this chapter for such control period, divided by the
remainder of the amount of tons in the applicable State NOX
Ozone Season Group 3 trading budget minus the amount of tons in such
new unit set-aside for the State for such control period, and rounded
to the nearest allowance.
* * * * *
    (13)(i) By March 1, 2022 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Ozone Season
Group 3 allowance allocation to each CSAPR NOX Ozone Season
Group 3 unit in a State and Indian country within the borders of the
State (except, for the control periods in 2021 and 2022, areas of
Indian country within the State not subject to the State's SIP
authority), in accordance with paragraphs (a)(2) through (7), (10), and
(12) of this section and Sec. Sec.  97.1006(b)(2) and 97.1030 through
97.1035, for the control period in the year before the year of the
applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) For each notice of data availability required in paragraph
(a)(13)(i) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice. Objections shall be submitted by the deadline specified
in such notice and shall be limited to addressing whether the
calculations (including the identification of the CSAPR NOX
Ozone Season Group 3 units) are in accordance with the provisions
referenced in paragraph (a)(13)(i) of this section.
    (iii) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (a)(13)(i) of this section. By May 1
immediately after the promulgation of each notice of data availability
required in paragraph (a)(13)(i) of this section, the Administrator
will promulgate a notice of data availability of the results of the
calculations incorporating any adjustments that the Administrator
determines to be necessary and the reasons for accepting or rejecting
any objections submitted in accordance with paragraph (a)(13)(ii) of
this section.
    (b) Allocations from Indian country new unit set-asides. For the
control periods in 2021 and 2022, for a State listed in Sec.
52.38(b)(2)(iii)(A) of this chapter, and for the CSAPR NOX
Ozone

Season Group 3 units in areas of Indian country within the borders of
each such State not subject to the State's SIP authority, the
Administrator will allocate CSAPR NOX Ozone Season Group 3
allowances to the CSAPR NOX Ozone Season Group 3 units as
follows:
    (1) The CSAPR NOX Ozone Season Group 3 allowances will
be allocated to CSAPR NOX Ozone Season Group 3 units that
are not allocated an amount of CSAPR NOX Ozone Season Group
3 allowances for such control period in the applicable notice of data
availability issued under Sec.  97.1011(a)(1) and that have deadlines
for certification of monitoring systems under Sec.  97.1030(b) not
later than September 30 of the year of the control period, except as
provided in paragraph (b)(10) of this section.
    (2) The Administrator will establish a separate Indian country new
unit set-aside for the State for each such control period. Each such
Indian country new unit set-aside will be allocated CSAPR
NOX Ozone Season Group 3 allowances in an amount equal to
the applicable amount of tons of NOX emissions as set forth
in Sec.  97.1010(c) and will be allocated additional CSAPR
NOX Ozone Season Group 3 allowances (if any) in accordance
with paragraph (c)(5) of this section.
* * * * *
    (10) If, after completion of the procedures under paragraphs (b)(2)
through (7) and (12) of this section for a control period, any
unallocated CSAPR NOX Ozone Season Group 3 allowances remain
in the Indian country new unit set-aside for the State for such control
period, the Administrator will transfer such unallocated CSAPR
NOX Ozone Season Group 3 allowances to the new unit set-
aside for the State for such control period.
* * * * *
    (13)(i) By March 1, 2022 and March 1, 2023, the Administrator will
calculate the CSAPR NOX Ozone Season Group 3 allowance
allocation to each CSAPR NOX Ozone Season Group 3 unit in
areas of Indian country within the borders of a State not subject to
the State's SIP authority, in accordance with paragraphs (b)(2) through
(7), (10), and (12) of this section and Sec. Sec.  97.1006(b)(2) and
97.1030 through 97.1035, for the control period in the year before the
year of the applicable calculation deadline under this paragraph and
will promulgate a notice of data availability of the results of the
calculations.
    (ii) For each notice of data availability required in paragraph
(b)(13)(i) of this section, the Administrator will provide an
opportunity for submission of objections to the calculations referenced
in such notice. Objections shall be submitted by the deadline specified
in such notice and shall be limited to addressing whether the
calculations (including the identification of the CSAPR NOX
Ozone Season Group 3 units) are in accordance with the provisions
referenced in paragraph (b)(13)(i) of this section.
    (iii) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (b)(13)(i) of this section. By May 1
immediately after the promulgation of each notice of data availability
required in paragraph (b)(13)(i) of this section, the Administrator
will promulgate a notice of data availability of the results of the
calculations incorporating any adjustments that the Administrator
determines to be necessary and the reasons for accepting or rejecting
any objections submitted in accordance with paragraph (b)(13)(ii) of
this section.
    (c) Incorrect allocations of CSAPR NOX Ozone Season Group 3
allowances to new units. (1) For each control period in 2021 and
thereafter, if the Administrator determines that CSAPR NOX
Ozone Season Group 3 allowances were allocated for the control period
under paragraphs (a)(2) through (7) and (12) of this section or
paragraphs (b)(2) through (7) and (12) of this section to a recipient
that is not actually a CSAPR NOX Ozone Season Group 3 unit
under Sec.  97.1004 as of the first day of such control period, then
the Administrator will notify the designated representative of the
recipient and will act in accordance with the procedures set forth in
paragraphs (c)(2) through (5) of this section.
    (2) Except as provided in paragraph (c)(3) or (4) of this section,
the Administrator will not record such CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1021.
    (3) If the Administrator already recorded such CSAPR NOX
Ozone Season Group 3 allowances under Sec.  97.1021 and if the
Administrator makes the determination under paragraph (c)(1) of this
section before making deductions for the source that includes such
recipient under Sec.  97.1024(b) for such control period, then the
Administrator will deduct from the account in which such CSAPR
NOX Ozone Season Group 3 allowances were recorded an amount
of CSAPR NOX Ozone Season Group 3 allowances allocated for
the same or a prior control period equal to the amount of such already
recorded CSAPR NOX Ozone Season Group 3 allowances. The
authorized account representative shall ensure that there are
sufficient CSAPR NOX Ozone Season Group 3 allowances in such
account for completion of the deduction.
    (4) If the Administrator already recorded such CSAPR NOX
Ozone Season Group 3 allowances under Sec.  97.1021 and if the
Administrator makes the determination under paragraph (c)(1) of this
section after making deductions for the source that includes such
recipient under Sec.  97.1024(b) for such control period, then the
Administrator will not make any deduction to take account of such
already recorded CSAPR NOX Ozone Season Group 3 allowances.
    (5) With regard to any CSAPR NOX Ozone Season Group 3
allowances that are not recorded, or that are deducted as an incorrect
allocation, in accordance with paragraphs (c)(2) and (3) of this
section:
    (i) If the non-recordation decision under paragraph (c)(2) of this
section or the deduction under paragraph (c)(3) of this section occurs
on or before May 1, 2023, the Administrator will transfer the CSAPR
NOX Ozone Season Group 3 allowances to the new unit set-
aside, in the case of allowances allocated under paragraph (a) of this
section, or the Indian country new unit set-aside, in the case of
allowances allocated under paragraph (b) of this section, for the
control period in 2021 or 2022 for the State from whose NOX
Ozone Season Group 3 trading budget the CSAPR NOX Ozone
Season Group 3 allowances were allocated.
    (ii) If the non-recordation decision under paragraph (c)(2) of this
section or the deduction under paragraph (c)(3) of this section occurs
after May 1, 2023 and on or before May 1, 2024, the Administrator will
transfer the CSAPR NOX Ozone Season Group 3 allowances to
the new unit set-aside for the control period in 2023 for the State
from whose NOX Ozone Season Group 3 trading budget the CSAPR
NOX Ozone Season Group 3 allowances were allocated.
    (iii) If the non-recordation decision under paragraph (c)(2) of
this section or the deduction under paragraph (c)(3) of this section
occurs after May 1, 2024, the Administrator will transfer the CSAPR
NOX Ozone Season Group 3 allowances to a surrender account.
0
76. Amend Sec.  97.1021 by:
0
a. In paragraph (a), removing ``Sec.  97.1011(a)'' and adding in its
place ``Sec.  97.1011(a)(1)'';
0
b. Revising paragraph (b);
0
c. Removing and reserving paragraph (c);
0
d. Revising paragraph (d);
0
e. Adding paragraph (e);
0
f. Revising paragraphs (f) and (g);

0
g. In paragraph (h), removing ``May 1 of each year thereafter, the''
and adding in its place ``May 1, 2023, the'';
0
h. Adding paragraphs (i) and (j); and
0
i. In paragraph (m), adding ``or (e)'' after ``Sec.  97.811(d)'' each
time it appears.
    The revisions and addition read as follows:

Sec.  97.1021   Recordation of CSAPR NOX Ozone Season Group 3 allowance
allocations and auction results.

* * * * *
    (b) By July 29, 2021, the Administrator will record in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source in
accordance with Sec.  97.1011(a)(1) for the control period in 2022.
* * * * *
    (d) By [30 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.
97.1011(a)(1) for the control period in 2023.
    (e) By [30 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.
97.1011(a)(1) for the control period in 2024, unless the State in which
the source is located notifies the Administrator in writing by
[EFFECTIVE DATE OF FINAL RULE] of the State's intent to submit to the
Administrator a complete SIP revision by September 1, 2023 meeting the
requirements of Sec.  52.38(b)(10)(i) through (iv) of this chapter.
    (1) If, by September 1, 2023 the State does not submit to the
Administrator such complete SIP revision, the Administrator will record
by September 15, 2023 in each CSAPR NOX Ozone Season Group 3
source's compliance account the CSAPR NOX Ozone Season Group
3 allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source in accordance with Sec.  97.1011(a)(1) for the
control period in 2024.
    (2) If the State submits to the Administrator by September 1, 2023
and the Administrator approves by March 1, 2024 such complete SIP
revision, the Administrator will record by March 1, 2024 in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source as
provided in such approved, complete SIP revision for the control period
in 2024.
    (3) If the State submits to the Administrator by September 1, 2023
and the Administrator does not approve by March 1, 2024 such complete
SIP revision, the Administrator will record by March 1, 2024 in each
CSAPR NOX Ozone Season Group 3 source's compliance account
the CSAPR NOX Ozone Season Group 3 allowances allocated to
the CSAPR NOX Ozone Season Group 3 units at the source in
accordance with Sec.  97.1011(a)(1) for the control period in 2024.
    (f) By July 1, 2024 and July 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 3
allowances auctioned to CSAPR NOX Ozone Season Group 3
units, in accordance with Sec.  97.1011(a)(1), or with a SIP revision
approved under Sec.  52.38(b)(11) or (12) of this chapter, for the
control period in the year after the year of the applicable recordation
deadline under this paragraph.
    (g) By May 1, 2022 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.  97.1012(a)
for the control period in the year before the year of the applicable
recordation deadline under this paragraph.
* * * * *
    (i) By [30 DAYS AFTER EFFECTIVE DATE OF FINAL RULE], the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.
97.1011(a)(2) for the control periods in 2023 and 2024.
    (j) By July 1, 2024 and July 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.
97.1011(a)(2) for the control period in the year after the year of the
applicable recordation deadline under this paragraph.
* * * * *
0
77. Amend Sec.  97.1024 by:
0
a. Revising the section heading;
0
b. In paragraphs (a) introductory text and (b) introductory text,
adding ``primary'' before ``emissions limitation'';
0
c. Revising paragraph (b)(1);
0
d. Adding paragraph (b)(3); and
0
e. In paragraph (c)(2)(ii), adding ``or (e)'' after ``Sec.
97.826(d)''.
    The revisions and addition read as follows:

Sec.  97.1024   Compliance with CSAPR NOX Ozone Season Group 3 primary
emissions limitation.

* * * * *
    (b) * * *
    (1) Until the amount of CSAPR NOX Ozone Season Group 3
allowances deducted equals the sum of:
    (i) The number of tons of total NOX emissions from all
CSAPR NOX Ozone Season Group 3 units at the source for such
control period; plus
    (ii) Two times the sum (converted to tons at a conversion factor of
2,000 lb/ton and rounded to the nearest ton), for all days in the
control period and all CSAPR NOX Ozone Season Group 3 units
at the source to which backstop daily NOX emissions rates
apply for the control period under paragraph (b)(3) of this section, of
any amount by which a unit's NOX emissions for a given day
in pounds exceed the product in pounds of the unit's total heat input
in mmBtu for that day multiplied by the applicable backstop daily
NOX emissions rate in lb/mmBtu; or
* * * * *
    (3) The applicable backstop daily NOX emissions rates
are as follows:
    (i) For the control periods in 2024 and each year thereafter, a
backstop daily NOX emissions rate of 0.14 lb/mmBtu shall
apply to each CSAPR NOX Ozone Season Group 3 unit combusting
any coal during the control period, serving a generator with nameplate
capacity of 100 MW or more, and equipped with selective catalytic
reduction controls, except a circulating fluidized bed boiler.
    (ii) For the control periods in 2027 and each year thereafter, a
backstop daily NOX emissions rate of 0.14 lb/mmBtu shall
apply to each CSAPR NOX Ozone Season Group 3 unit combusting
any coal during the control period and serving a generator with
nameplate

capacity of 100 MW or more, except a circulating fluidized bed boiler.
* * * * *
0
78. Amend Sec.  97.1025 by revising the section heading and adding
paragraph (c) to read as follows:

Sec.  97.1025   Compliance with CSAPR NOX Ozone Season Group 3
assurance provisions; CSAPR NOX Ozone Season Group 3 secondary
emissions limitation.

* * * * *
    (c) CSAPR NOX Ozone Season Group 3 secondary emissions limitation.
(1) The owner or operator of a base CSAPR NOX Ozone Season
Group 3 unit shall not discharge, or allow to be discharged, emissions
of NOX to the atmosphere during a control period in excess
of the tonnage amount calculated in accordance with paragraph (c)(2) of
this section, provided that the emissions limitation established under
this paragraph shall apply to a unit for a control period only if:
    (i) The unit is included for the control period in a group of base
CSAPR NOX Ozone Season Group 3 units at base CSAPR
NOX Ozone Season Group 3 sources in a State (and Indian
country within the borders of such State) having a common designated
representative and the owners and operators of such units and sources
are subject to a requirement for such control period to hold one or
more CSAPR NOX Ozone Season Group 3 allowances under Sec.
97.1006(c)(2)(i) and paragraph (b) of this section with respect to such
group; and
    (ii) The unit was required to report NOX emissions and
heat input data for all or portions of at least 367 operating hours
during the control period and all or portions of at least 367 operating
hours during at least one previous control period under the CSAPR
NOX Ozone Season Group 1 Trading Program, CSAPR
NOX Ozone Season Group 2 Trading Program, or CSAPR
NOX Ozone Season Group 3 Trading Program.
    (2) The amount of the emissions limitation applicable to a base
CSAPR NOX Ozone Season Group 3 unit for a control period
under paragraph (c)(1) of this section, in tons of NOX,
shall be calculated as the sum of 50 plus the product (converted to
tons at a conversion factor of 2,000 lb/ton and rounded to the nearest
ton) of multiplying--
    (i) The total heat input in mmBtu reported for the unit for the
control period in accordance with Sec. Sec.  97.1030 through 97.1035;
and
    (ii) A NOX emission rate of 0.10 lb/mmBtu or, if higher,
the product of 1.25 times the lowest seasonal average NOX
emission rate in lb/mmBtu achieved by the unit in any previous control
period for which the unit was required to report NOX
emissions and heat input data for all or portions of at least 367
operating hours under the CSAPR NOX Ozone Season Group 1
Trading Program, CSAPR NOX Ozone Season Group 2 Trading
Program, or CSAPR NOX Ozone Season Group 3 Trading Program,
where the unit's seasonal average NOX emission rate for each
such previous control period shall be calculated from such reported
data as the quotient of the unit's total NOX emissions in
tons for the control period divided by the unit's total heat input in
mmBtu for the control period, multiplied by a conversion factor of
2,000 lb/ton, and rounded to the nearest 0.0001 lb/mmBtu.
0
79. Amend Sec.  97.1026 by:
0
a. Revising paragraph (b);
0
b. In paragraph (c), removing ``State (or Indian'' and adding in its
place ``State (and Indian''; and
0
c. Adding paragraph (d).
    The revision and addition read as follows:

Sec.  97.1026   Banking.

* * * * *
    (b) Any CSAPR NOX Ozone Season Group 3 allowance that is
held in a compliance account or a general account will remain in such
account unless and until the CSAPR NOX Ozone Season Group 3
allowance is deducted or transferred under Sec.  97.1011(c), Sec.
97.1012(c), Sec.  97.1023, Sec.  97.1024, Sec.  97.1025, Sec.  97.1027,
or Sec.  97.1028 or paragraph (c) or (d) of this section.
* * * * *
    (d) Before the allowance transfer deadline for each control period
in 2024 or a subsequent year, the Administrator will deduct amounts of
CSAPR NOX Ozone Season Group 3 allowances issued for the
control periods in previous years exceeding the CSAPR NOX
Ozone Season Group 3 allowance bank ceiling target for the control
period in accordance with paragraphs (d)(1) through (4) of this
section.
    (1) As soon as practicable on or after August 1, 2024 and August 1
of each subsequent year, the Administrator will temporarily suspend
acceptance of CSAPR NOX Ozone Season Group 3 allowance
transfers submitted under Sec.  97.1022 and, before resuming acceptance
of such transfers, will take the actions in paragraphs (d)(2) through
(4) of this section.
    (2) The Administrator will determine each of the following values:
    (i) The CSAPR NOX Ozone Season Group 3 allowance bank
ceiling target for the control period in the year of the deadline under
paragraph (d)(1) of this section, calculated as the product, rounded to
the nearest allowance, of 0.105 times the sum for all States listed in
Sec.  52.38(b)(2)(iii) of this chapter of the State NOX
Ozone Season Group 3 trading budgets under Sec.  97.1010(a) for such
States for such control period.
    (ii) The total amount of CSAPR NOX Ozone Season Group 3
allowances issued for control periods in years before the year of the
deadline under paragraph (d)(1) of this section and held in all
compliance and general accounts.
    (3) If the CSAPR NOX Ozone Season Group 3 allowance bank
ceiling target determined under paragraph (d)(2)(i) of this section is
less than the total amount of CSAPR NOX Ozone Season Group 3
allowances determined under paragraph (d)(2)(ii) of this section, then
for each compliance account or general account holding CSAPR
NOX Ozone Season Group 3 allowances issued for control
periods in years before the year of the deadline under paragraph (d)(1)
of this section, the Administrator will:
    (i) Determine the total amount of CSAPR NOX Ozone Season
Group 3 allowances issued for control periods in years before the year
of the deadline under paragraph (d)(1) of this section and held in the
account.
    (ii) Determine the account's share of the CSAPR NOX
Ozone Season Group 3 allowance bank ceiling target for the control
period, calculated as the product, rounded up to the nearest allowance,
of the CSAPR NOX Ozone Season Group 3 allowance bank ceiling
target determined under paragraph (d)(2)(i) of this section multiplied
by a fraction whose numerator is the total amount of CSAPR
NOX Ozone Season Group 3 allowances held in the account
determined under paragraph (d)(3)(i) of this section and whose
denominator is the total amount of CSAPR NOX Ozone Season
Group 3 allowances held in all compliance and general accounts
determined under paragraph (d)(2)(ii) of this section.
    (iii) Deduct an amount of CSAPR NOX Ozone Season Group 3
allowances issued for control periods in years before the year of the
deadline under paragraph (d)(1) of this section equal to any positive
remainder of the total amount of CSAPR NOX Ozone Season
Group 3 allowances held in the account determined under paragraph
(d)(3)(i) of this section minus the account's share of the CSAPR
NOX Ozone Season Group 3 allowance bank ceiling target for
the control period determined under paragraph (d)(3)(ii) of this
section. The allowances will be deducted on a first-in, first-out basis
in the order set forth in Sec.  97.1024(c)(2)(i) and (ii).

    (iv) Record the deductions under paragraph (d)(3)(iii) of this
section in the account.
    (4)(i) In computing any amounts of CSAPR NOX Ozone
Season Group 3 allowances to be deducted from general accounts under
paragraph (d)(3) of this section, the Administrator may group multiple
general accounts whose ownership interests are held by the same or
related persons or entities and treat the group of accounts as a single
account for purposes of such computation.
    (ii) Following a computation for a group of general accounts in
accordance with paragraph (d)(4)(i) of this section, the Administrator
will deduct from and record in each individual account in such group a
proportional share of the quantity of CSAPR NOX Ozone Season
Group 3 allowances computed for such group, basing such shares on the
respective quantities of CSAPR NOX Ozone Season Group 3
allowances determined for such individual accounts under paragraph
(d)(3)(i) of this section.
    (iii) In determining the proportional shares under paragraph
(d)(4)(ii) of this section, the Administrator may employ any reasonable
adjustment methodology to truncate or round each such share up or down
to a whole number and to cause the total of such whole numbers to equal
the amount of CSAPR NOX Ozone Season Group 3 allowances
computed for such group of accounts in accordance with paragraph
(d)(4)(i) of this section, even where such adjustments cause the
numbers of CSAPR NOX Ozone Season Group 3 allowances
remaining in some individual accounts following the deductions to equal
zero.
0
80. Amend Sec.  97.1030 by:
0
a. Revising paragraph (b)(1); and
0
b. In paragraph (b)(3), removing ``(b)(2)'' and adding in its place
``(b)(1) or (2)''.
    The revision reads as follows:

Sec.  97.1030   General monitoring, recordkeeping, and reporting
requirements.

* * * * *
    (b) * * *
    (1)(i) May 1, 2021, for a unit in a State (and Indian country
within the borders of such State) listed in Sec.  52.38(b)(2)(iii)(A)
of this chapter;
    (ii) May 1, 2023, for a unit in a State (and Indian country within
the borders of such State) listed in Sec.  52.38(b)(2)(iii)(B) of this
chapter;
    (iii) [EFFECTIVE DATE OF FINAL RULE], for a unit in a State (and
Indian country within the borders of such State) listed in Sec.
52.38(b)(2)(iii)(C) of this chapter, where the unit is required to
report NOX mass emissions data or NOX emissions
rate data according to 40 CFR part 75 to address other regulatory
requirements; or
    (iv) [180 DAYS AFTER EFFECTIVE DATE OF FINAL RULE] for a unit in a
State (and Indian country within the borders of such State) listed in
Sec.  52.38(b)(2)(iii)(C) of this chapter, where the unit is not
required to report NOX mass emissions data or NOX
emissions rate data according to 40 CFR part 75 to address other
regulatory requirements.
* * * * *
0
81. Amend Sec.  97.1034 by:
0
a. Revising paragraph (d)(2)(i); and
0
b. In paragraph (d)(4), removing ``or CSAPR SO2 Group 1
Trading Program, quarterly'' and adding in its place ``CSAPR
SO2 Group 1 Trading Program, or CSAPR SO2 Group 2
Trading Program, quarterly''.
    The revision reads as follows:

Sec.  97.1034   Recordkeeping and reporting.

* * * * *
    (d) * * *
    (2) * * *
    (i)(A) The calendar quarter covering May 1, 2021 through June 30,
2021, for a unit in a State (and Indian country within the borders of
such State) listed in Sec.  52.38(b)(2)(iii)(A) of this chapter;
    (B) The calendar quarter covering May 1, 2023 through June 30,
2023, for a unit in a State (and Indian country within the borders of
such State) listed in Sec.  52.38(b)(2)(iii)(B) of this chapter; or
    (C) The calendar quarter covering [EFFECTIVE DATE OF FINAL RULE]
through June 30, 2023, for a unit in a State (and Indian country within
the borders of such State) listed in Sec.  52.38(b)(2)(iii)(C) of this
chapter;
* * * * *
[FR Doc. 2022-04551 Filed 3-30-22; 4:15 pm]
BILLING CODE 6560-50-P