7. Section 72.23 is amended as follows:
0
a. In paragraphs (a) and (b), by revising the words ``submissions,
actions, and inactions'' to read ``representations, actions, inactions,
and submissions''; and
0
b. In paragraph (c)(1), by revising the words ``a new owner'' to read
``an owner'', by revising the words ``such new owner'' to read ``such
owner'', by revising the words ``submissions, actions, and inactions''
to read ``representations, actions, inactions, and submissions'', and
by revising the words ``the new owner'' to read ``the owner.''

Sec.  72.24  [Amended]

0
8. Section 72.24 is amended as follows:
0
a. In paragraph (a)(1) by revising the words ``is submitted.'' to read
``is submitted, including identification and nameplate capacity of each
generator served by each such unit'';
0
b. In paragraph (a)(6), by revising the words ``actions, inactions, or
submissions'' to read ``representations, actions, inactions, or
submissions''; and
0
c. In paragraph (a)(9)(ii), by revising the words ``or ,if such
multiple'' to read ``, except that, if such multiple''.

Sec.  72.25  [Amended]

0
9. Section 72.25 is amended, in paragraph (b), by revising the words
``submission, action or inaction'' to read ``representation, action,
inaction, or submission'' and revise the words ``submission, action, or
inaction'' to read ``representation, action, inaction, or submission''.

0
10. Add a new 72.26 to read as follows:

Sec.  72.26  Delegation by designated representative and alternate
designated representative.

    (a) A designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
(in a format prescribed by the Administrator) to the Administrator
provided for or required under this part and parts 73 through 77 of
this chapter.
    (b) An alternate designated representative may delegate, to one or
more natural persons, his or her authority to make an electronic
submission (in a format prescribed by the Administrator) to the
Administrator provided for or required under this part and parts 73
through 77 of this chapter.
    (c) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (a) or (b) of this
section, the designated representative or alternate designated
representative, as appropriate, must submit to the Administrator a
notice of delegation, in a format prescribed by the Administrator, that
includes the following elements:
    (1) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such designated
representative or alternate designated representative;
    (2) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such designated
representative or alternate designated representative, as appropriate:
    (i) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a designated representative or alternate designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 40 CFR 72.26(d) shall
be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 72.26(d), I agree to maintain an e-
mail account and to notify the Administrator immediately of any change
in my e-mail address unless all delegation of authority by me under 40
CFR 72.26 is terminated.''
    (d) A notice of delegation submitted under paragraph (c) of this
section shall be effective, with regard to the designated
representative or alternate designated representative identified in
such notice, upon receipt of such notice by the Administrator and until
receipt by the Administrator of a superseding notice of delegation
submitted by such designated representative or alternate designated
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the designated
representative or alternate designated representative submitting such
notice of delegation.

PART 73--[AMENDED]

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.31  [Amended]

0
2. Section 73.31 is amended, in paragraph (c)(1)(v), by revising the
words ``actions, inactions, or submissions'' to read ``representations,
actions, inactions, or submissions''.

0
3. Section 73.33 is amended as follows:
0
a. In paragraph (d)(4), by revising the words ``action, representation,
or failure to act'' to read ``representation, action, inaction, or
submission'' and by revising the word ``an action'' to read ``a
representation, action, inaction, or submission'';
0
b. In paragraph (e), by revising the word ``actions'' to read
``representations, actions, inactions, or submissions'';
0
c. In paragraph (f), by revising the words ``any submission to'' to
read ``any representation, action, inaction, or submission to'' and
revise the words ``the recordation of transfers submitted

by'' to read ``any representation, action, inaction, or submission
of''; and
0
d. By adding a new paragraph (g) to read as follows:

Sec.  73.33  Authorized account representative.

* * * * *
    (g) Delegation by authorized account representative and alternate
authorized account representative. (1) An authorized account
representative may delegate, to one or more natural persons, his or her
authority to make an electronic submission (in a format prescribed by
the Administrator) to the Administrator provided for or required under
this part.
    (2) An alternate authorized account representative may delegate, to
one or more natural persons, his or her authority to make an electronic
submission (in a format prescribed by the Administrator) to the
Administrator provided for or required under this part.
    (3) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (g)(1) or (2) of this
section, the authorized account representative or alternate authorized
account representative, as appropriate, must submit to the
Administrator a notice of delegation, in a format prescribed by the
Administrator, that includes the following elements:
    (i) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such authorized account
representative or alternate authorized account representative;
    (ii) The name, address, e-mail address, telephone number, and,
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (iii) For each such natural person, a list of the type or types of
electronic submissions under paragraph (g)(1) or (2) of this section
for which authority is delegated to him or her;
    (iv) The following certification statements by such authorized
account representative or alternate authorized account representative:
    (A) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a authorized account representative or alternate
authorized representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
73.33(g)(4) shall be deemed to be an electronic submission by me.''
    (B) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 73.33(g)(4), I agree to maintain an
e-mail account and to notify the Administrator immediately of any
change in my e-mail address unless all delegation of authority by me
under 40 CFR 73.33(g) is eliminated.''
    (4) A notice of delegation submitted under paragraph (g)(3) of this
section shall be effective, with regard to the authorized account
representative or alternate authorized account representative
identified in such notice, upon receipt of such notice by the
Administrator and until receipt by the Administrator of a superseding
notice of delegation submitted by such authorized account
representative or alternate authorized account representative, as
appropriate. The superseding notice of delegation may replace any
previously identified agent, add a new agent, or eliminate entirely any
delegation of authority.
    (5) Any electronic submission covered by the certification in
paragraph (g)(3)(iv)(A) of this section and made in accordance with a
notice of delegation effective under paragraph (g)(4) of this section
shall be deemed to be an electronic submission by the designated
representative or alternate designated representative submitting such
notice of delegation.

PART 74--[AMENDED]

0
1. The authority citation for Part 74 continues to read as follows:

    Authority: 7601 and 7651 et seq.

Sec.  74.4  [Amended]

0
2. In Sec.  74.4, paragraph (c) is removed.

PART 78--[AMENDED]

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

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

0
2. Section 78.1 is amended as follows:
0
a. In paragraph (b)(8)(ii), by revising ``Sec.  97.256'' to read
``Sec.  96.256''.
0
b. By adding new paragraphs (b)(10), (b)(11), and (b)(12) to read as
follows:

Sec.  78.1  Purpose and scope.

* * * * *
    (b) * * *
    (10) Under subparts AA through II of part 97 of this chapter,
    (i) The decision on the allocation of CAIR NOX
allowances under subpart EE of part 97 of this chapter.
    (ii) The decision on the deduction of CAIR NOX
allowances, and the adjustment of the information in a submission and
the decision on the deduction or transfer of CAIR NOX
allowances based on the information as adjusted, under Sec.  97.154 of
this chapter;
    (iii) The correction of an error in a CAIR NOX Allowance
Tracking System account under Sec.  97.156 of this chapter;
    (iv) The decision on the transfer of CAIR NOX allowances
under Sec.  97.161 of this chapter;
    (v) The finalization of control period emissions data, including
retroactive adjustment based on audit;
    (vi) The approval or disapproval of a petition under Sec.  97.175
of this chapter.
    (11) Under subparts AAA through III of part 97 of this chapter,
    (i) The decision on the deduction of CAIR SO2
allowances, and the adjustment of the information in a submission and
the decision on the deduction or transfer of CAIR SO2
allowances based on the information as adjusted, under Sec.  97.254 of
this chapter;
    (ii) The correction of an error in a CAIR SO2 Allowance
Tracking System account under Sec.  97.256 of this chapter;
    (iii) The decision on the transfer of CAIR SO2
allowances under Sec.  97.261 of this chapter;
    (iv) The finalization of control period emissions data, including
retroactive adjustment based on audit;
    (v) The approval or disapproval of a petition under Sec.  97.275 of
this chapter.
    (12) Under subparts AAAA through IIII of part 97 of this chapter,
    (i) The decision on the allocation of CAIR NOX Ozone
Season allowances under subpart EEEE of part 97 of this chapter.
    (ii) The decision on the deduction of CAIR NOX Ozone
Season allowances, and the adjustment of the information in a
submission and the decision on the deduction or transfer of CAIR
NOX Ozone Season allowances based on the information as
adjusted, under Sec.  97.354 of this chapter;
    (iii) The correction of an error in a CAIR NOX Ozone
Season Allowance Tracking System account under Sec.  97.356 of this
chapter;
    (iv) The decision on the transfer of CAIR NOX Ozone
Season allowances under Sec.  97.361;
    (v) The finalization of control period emissions data, including
retroactive adjustment based on audit;
    (vi) The approval or disapproval of a petition under Sec.  97.375
of this chapter.
* * * * *

0
3. Section 78.3 is amended as follows:
0
a. In paragraph (b)(3)(i), by revising the words ``under paragraph
(a)(4), (5), or (6) of this section'' to read ``under paragraph (a)(4),
(5), (6), (7), (8), or (9) of this section'';
0
b. In paragraph (d)(3), by revising the words ``account certificate of

representation submitted by a CAIR designated representative'' to read
``certificate of representation submitted by a CAIR designated
representative'' and by revising the words ``or subparts AAAA through
IIII of part 96 of this chapter'', the words ``subparts AAAA through
IIII of part 96 of this chapter, or under part 97 of this chapter'';
and
0
c. By adding new paragraphs (a)(7), (a)(8), (a)(9), (d)(8), (d)(9), and
(d)(10) to read as follows:

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

    (a) * * *
    (7) The following persons may petition for administrative review of
a decision of the Administrator that is made under subparts AA through
II of part 97 of this chapter and that is appealable under Sec.
78.1(a):
    (i) The CAIR designated representative for a unit or source, or the
CAIR authorized account representative for any CAIR NOX
Allowance Tracking System account, covered by the decision; or
    (ii) Any interested person.
    (8) The following persons may petition for administrative review of
a decision of the Administrator that is made under subparts AAA through
III of part 97 and that is appealable under Sec.  78.1(a):
    (i) The CAIR designated representative for a unit or source, or the
CAIR authorized account representative for any CAIR SO2
Allowance Tracking System account, covered by the decision; or
    (ii) Any interested person.
    (9) The following persons may petition for administrative review of
a decision of the Administrator that is made under subparts AAAA
through III of part 97 and that is appealable under Sec.  78.1(a):
    (i) The CAIR designated representative for a unit or source, or the
CAIR authorized account representative for any CAIR Ozone Season
NOX Allowance Tracking System account, covered by the
decision; or
    (ii) Any interested person.
* * * * *
    (d) * * *
    (8) Any provision or requirement of subparts AA through II of part
97 of this chapter, including the standard requirements under Sec.
97.106 of this chapter and any emission monitoring or reporting
requirements.
    (9) Any provision or requirement of subparts AAA through III of
part 97 of this chapter, including the standard requirements under
Sec.  97.206 of this chapter and any emission monitoring or reporting
requirements.
    (10) Any provision or requirement of subparts AAAA through IIII of
part 97 of this chapter, including the standard requirements under
Sec.  97.306 of this chapter and any emission monitoring or reporting
requirements.

PART 96--NOX BUDGET TRADING PROGRAM AND CAIR
NOX AND SO2 TRADING PROGRAMS FOR STATE
IMPLEMENTATION PLANS

0
1. The heading of part 96 is revised to read as set forth above.
0
2. The authority citation for part 96 continues to read as follows:

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

0
3. Section 96.102 is amended as follows:
0
a. By revising the definition of ``Allocate or allocation'';
0
b. In the definition of ``Allowance transfer deadline'', by revising
the words ``midnight of March 1, if it is a business day, or, if March
1 is not a business day, midnight of the first business day
thereafter'' to read ``midnight of March 1 (if it is a business day),
or midnight of the first business day thereafter (if March 1 is not a
business day),'';
0
c. In the definition of ``Alternate CAIR designated representative'',
by revising the words ``in accordance with'' to read ``, in accordance
with'' and by adding at the end the words ``If the CAIR NOX
source is also subject to the Hg Budget Trading Program, then this
natural person shall be the same person as the alternate Hg designated
representative under the Hg Budget Trading Program.'';
0
d. In the definition of ``CAIR authorized account representative'', by
revising the words ``subparts BB and II'' to read ``subparts BB, FF,
and II'';
0
e. In the definition of ``CAIR designated representative'', by adding
at the end the words ``If the CAIR NOX source is also
subject to the Hg Budget Trading Program, then this natural person
shall be the same person as the Hg designated representative under the
Hg Budget Trading Program.'';
0
f. By revising the definition of ``CAIR NOX allowance'';
0
g. In the definition of ``CAIR NOX allowance deduction or
deduct CAIR NOX allowances'', by adding, after the words
``compliance account'', the words ``, e.g.,'';
0
h. In the definition of ``CAIR NOX Annual Trading Program'',
by revising the words ``Sec.  51.123 of this chapter,'' to read ``Sec.
51.123 of this chapter or established by the Administrator in
accordance with subparts AA through II of part 97 of this chapter and
Sec. Sec.  51.123(p) and 52.35 of this chapter,'';
0
i. In the definition of ``CAIR NOX emissions limitation'',
by revising the words ``tonnage equivalent of'' to read ``tonnage
equivalent, in NOX emissions in a control period, of'' and
by revising the words ``for a control period'' to read ``for the
control period'';
0
j. In the definition of ``CAIR NOX Ozone Season source'', by
revising the words ``includes one or more CAIR NOX Ozone
Season units'' to read ``is subject to the CAIR NOX Ozone
Season Trading Program'';
0
k. In the definition of ``CAIR NOX Ozone Season Trading
Program'', by revising the words ``Sec.  51.123 of this chapter,'' to
read ``Sec.  51.123 of this chapter or established by the Administrator
in accordance with subparts AAAA through IIII of part 97 of this
chapter and Sec. Sec.  51.123(ee) and 52.35 of this chapter,'';
0
l. By removing the definition of ``CAIR NOX Ozone Season
unit'';
0
m. In the definition of ``CAIR SO2 source'', by revising the
words ``includes one or more CAIR SO2 units'' to read ``is
subject to the CAIR SO2 Trading Program'';
0
n. In the definition of ``CAIR SO2 Trading Program'', by
revising the words ``Sec.  51.124 of this chapter,'' to read ``Sec.
51.124 of this chapter or established by the Administrator in
accordance with subparts AAA through III of part 97 of this chapter and
Sec. Sec.  51.124(r) and 52.36 of this chapter,'';
0
o. By removing the definition of ``CAIR SO2 unit'';
0
p. In paragraph (2) of the definition of ``Cogeneration unit'', by
revising the words ``calendar year after which'' to read ``calendar
year after the calendar year in which'';
0
q. In paragraph (2) of the definition of ``Combustion turbine'', by
revising the words ``any associated heat recovery steam generator''to
read ``any associated duct burner, heat recovery steam generator,'';
0
r. By revising the definition of ``Commence commercial operation'';
0
s. By revising the definition of ``Commence operation'';
0
t. In the definition of ``Control period'', by revising the words
``January 1 of a calendar year and'' to read ``January 1 of a calendar
year, except as provided in Sec.  96.106(c)(2), and'';
0
u. By revising the definition of ``Maximum design heat input'';
0
v. In the definition of ``Nameplate capacity'', by revising the words
``other deratings) as specified'' to read ``other deratings) as of such
installation as specified'' and by revising the words ``maximum amount
as specified'' to read

``maximum amount as of such completion as specified'';
0
w. In the definition of ``Oil-fired'', by revising the words ``in a
specified year.'' to read ``in a specified year and not qualifying as
coal-fired.'';
0
x. In the definition of ``Receive or receipt'', by revising the words
``official correspondence log'' to read ``official log''; and
0
y. By adding new definitions of ``Hg Budget Trading Program'',
``Replacement, replace, or replaced'', and ``Solid waste incineration
unit'' to read as follows:

Sec.  96.102  Definitions.

* * * * *
    Allocate or allocation means, with regard to CAIR NOX
allowances, the determination by a permitting authority or the
Administrator of the amount of such CAIR NOX allowances to
be initially credited to a CAIR NOX unit, a new unit set-
aside, or other entity.
* * * * *
    CAIR NOX allowance means a limited authorization issued by a
permitting authority or the Administrator under provisions of a State
implementation plan that are approved under Sec.  51.123(o)(1) or (2)
or (p) of this chapter, or under subpart EE of part 97 or Sec.  97.188
of this chapter, to emit one ton of nitrogen oxides during a control
period of the specified calendar year for which the authorization is
allocated or of any calendar year thereafter under the CAIR
NOX Program. An authorization to emit nitrogen oxides that
is not issued under provisions of a State implementation plan that are
approved under Sec.  51.123(o)(1) or (2) or (p) of this chapter or
subpart EE of part 97 or Sec.  97.188 of this chapter shall not be a
CAIR NOX allowance.
* * * * *
    Commence commercial operation means, with regard to a unit:
    (1) To have begun to produce steam, gas, or other heated medium
used to generate electricity for sale or use, including test
generation, except as provided in Sec.  96.105 and Sec.  96.184(h).
    (i) For a unit that is a CAIR NOX unit under Sec.
96.104 on the later of November 15, 1990 or the date the unit commences
commercial operation as defined in paragraph (1) of this definition and
that subsequently undergoes a physical change (other than replacement
of the unit by a unit at the same source), such date shall remain the
date of commencement of commercial operation of the unit, which shall
continue to be treated as the same unit.
    (ii) For a unit that is a CAIR NOX unit under Sec.
96.104 on the later of November 15, 1990 or the date the unit commences
commercial operation as defined in paragraph (1) of this definition and
that is subsequently replaced by a unit at the same source (e.g.,
repowered), such date shall remain the replaced unit's date of
commencement of commercial operation, and the replacement unit shall be
treated as a separate unit with a separate date for commencement of
commercial operation as defined in paragraph (1) or (2) of this
definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as
provided in Sec.  96.105, for a unit that is not a CAIR NOX
unit under Sec.  96.104 on the later of November 15, 1990 or the date
the unit commences commercial operation as defined in paragraph (1) of
this definition, the unit's date for commencement of commercial
operation shall be the date on which the unit becomes a CAIR
NOX unit under Sec.  96.104.
    (i) For a unit with a date for commencement of commercial operation
as defined in paragraph (2) of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a
unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit, which shall continue
to be treated as the same unit.
    (ii) For a unit with a date for commencement of commercial
operation as defined in paragraph (2) of this definition and that is
subsequently replaced by a unit at the same source (e.g., repowered),
such date shall remain the replaced unit's date of commencement of
commercial operation, and the replacement unit shall be treated as a
separate unit with a separate date for commencement of commercial
operation as defined in paragraph (1) or (2) of this definition as
appropriate.
    Commence operation means:
    (1) To have begun any mechanical, chemical, or electronic process,
including, with regard to a unit, start-up of a unit's combustion
chamber, except as provided in Sec.  96.184(h).
    (2) For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date
the unit commences operation as defined in paragraph (1) of this
definition, such date shall remain the date of commencement of
operation of the unit, which shall continue to be treated as the same
unit.
    (3) For a unit that is replaced by a unit at the same source (e.g.,
repowered) after the date the unit commences operation as defined in
paragraph (1) of this definition, such date shall remain the replaced
unit's date of commencement of operation, and the replacement unit
shall be treated as a separate unit with a separate date for
commencement of operation as defined in paragraph (1), (2), or (3) of
this definition as appropriate, except as provided in Sec.  96.184(h).
* * * * *
    Hg Budget Trading Program means a multi-state Hg air pollution
control and emission reduction program approved and administered by the
Administrator in accordance subpart HHHH of part 60 of this chapter and
Sec.  60.24(h)(6), or established by the Administrator under section
111 of the Clean Air Act, as a means of reducing national Hg emissions.
* * * * *
    Maximum design heat input means the maximum amount of fuel per hour
(in Btu/hr) that a unit is capable of combusting on a steady state
basis as of the initial installation of the unit as specified by the
manufacturer of the unit.
* * * * *
    Replacement, replace, or replaced means, with regard to a unit, the
demolishing of a unit, or the permanent shutdown and permanent
disabling of a unit, and the construction of another unit (the
replacement unit) to be used instead of the demolished or shutdown unit
(the replaced unit).
* * * * *
    Solid waste incineration unit means a stationary, fossil-fuel-fired
boiler or stationary, fossil-fuel-fired combustion turbine that is a
``solid waste incineration unit'' as defined in section 129(g)(1) of
the Clean Air Act.
* * * * *

0
4. Section 96.103 is revised to read as follows:

Sec.  96.103  Measurements, abbreviations, and acroynyms.

    Measurements, abbreviations, and acronyms used in this subpart and
subparts BB through II are defined as follows:
Btu--British thermal unit.
CO2--carbon dioxide
H2O--water
Hg--mercury
hr--hour
kW--kilowatt electrical
kWh--kilowatt hour
lb--pound
mmBtu--million Btu
MWe--megawatt electrical
MWh--megawatt hour
NOX--nitrogen oxides
O2--oxygen
ppm--parts per million
scfh--standard cubic feet per hour
SO2--sulfur dioxide
yr--year

0
5. Section 96.104 is revised to read as follows:

Sec.  96.104  Applicability.

    (a) Except as provided in paragraph (b) of this section:
    (1) The following units in a State shall be CAIR NOX
units, and any source that includes one or more such units shall be a
CAIR NOX source, subject to the requirements of this subpart
and subparts BB through HH of this part: any stationary, fossil-fuel-
fired boiler or stationary, fossil-fuel-fired combustion turbine
serving at any time, since the later of November 15, 1990 or the start-
up of the unit's combustion chamber, a generator with nameplate
capacity of more than 25 MWe producing electricity for sale.
    (2) If a stationary boiler or stationary combustion turbine that,
under paragraph (a)(1) of this section, is not a CAIR NOX
unit begins to combust fossil fuel or to serve a generator with
nameplate capacity of more than 25 MWe producing electricity for sale,
the unit shall become a CAIR NOX unit as provided in
paragraph (a)(1) of this section on the first date on which it both
combusts fossil fuel and serves such generator.
    (b) The units in a State that meet the requirements set forth in
paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not
be CAIR NOX units:
    (1)(i) Any unit that is a CAIR NOX unit under paragraph
(a)(1) or (2) of this section:
    (A) Qualifying as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
    (B) Not serving at any time, since the later of November 15, 1990
or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electric output capacity or
219,000 MWh, whichever is greater, to any utility power distribution
system for sale.
    (ii) If a unit qualifies as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and
meets the requirements of paragraphs (b)(1)(i) of this section for at
least one calendar year, but subsequently no longer meets all such
requirements, the unit shall become a CAIR NOX unit starting
on the earlier of January 1 after the first calendar year during which
the unit first no longer qualifies as a cogeneration unit or January 1
after the first calendar year during which the unit no longer meets the
requirements of paragraph (b)(1)(i)(B) of this section.
    (2)(i) Any unit that is a CAIR NOX unit under paragraph
(a)(1) or (2) of this section commencing operation before January 1,
1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
1985-1987 exceeding 80 percent (on a Btu basis) and an average annual
fuel consumption of non-fossil fuel for any 3 consecutive calendar
years after 1990 exceeding 80 percent (on a Btu basis).
    (ii) Any unit that is a CAIR NOX unit under paragraph
(a)(1) or (2) of this section commencing operation on or after January
1, 1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
the first 3 calendar years of operation exceeding 80 percent (on a Btu
basis) and an average annual fuel consumption of non-fossil fuel for
any 3 consecutive calendar years after 1990 exceeding 80 percent (on a
Btu basis).
    (iii) If a unit qualifies as a solid waste incineration unit and
meets the requirements of paragraph (b)(2)(i) or (ii) of this section
for at least 3 consecutive calendar years, but subsequently no longer
meets all such requirements, the unit shall become a CAIR
NOX unit starting on the earlier of January 1 after the
first calendar year during which the unit first no longer qualifies as
a solid waste incineration unit or January 1 after the first 3
consecutive calendar years after 1990 for which the unit has an average
annual fuel consumption of fossil fuel of 20 percent or more.

Sec.  96.105  [Amended]

0
6. Section 96.105 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``Sec.  96.106(c)(4)
through (8), Sec.  96.107, and subparts EE through GG of this part'' to
read ``Sec.  96.106(c)(4) through (7), Sec.  96.107, Sec.  96.108, and
(subparts BB and EE through GG'';
0
b. In paragraph (b)(3), by revising the words ``shall retain at the
source'' to read ``shall retain, at the source''; and
0
c. In paragraph (b)(7), by revising the words ``commences operation and
commercial operation'' to read ``commences commercial operation''.

Sec.  96.106  [Amended]

0
7. Section 96.106 is amended as follows:
0
a. In paragraph (a)(1)(i), by revising the words ``in Sec.  96.121(a)
and (b)'' to read ``in Sec.  96.121'';
0
b. In paragraph (c)(2), by revising the words ``under paragraph (c)(1)
of this section'' to read ``under paragraph (c)(1) of this section for
the control period'' and by revising the words ``under Sec.
96.170(b)(1), (2), or (5)'' to read ``under Sec.  96.170(b)(1), (2), or
(5) and for each control period thereafter'';
0
c. In paragraph (c)(4), by revising the words ``subpart EE'' to read
``subparts FF, GG, and II'';
0
d. In paragraph (c)(7), by revising the words ``under subpart FF, GG,
or II'' to read ``under subpart EE, FF, GG, or II'', by revising the
words ``from a CAIR NOX unit's compliance account'' to read
``from a CAIR NOX source's compliance account'', and by
removing the words ``that includes the CAIR NOX unit'';
0
e. In paragraph (d)(1), by removing the paragraph designation ``(1)''
and by redesignating paragraph (i) as paragraph (d)(1); and
0
f. By removing paragraph (d)(2) and by redesignating paragraph (ii) as
paragraph (d)(2).

Sec.  96.111  [Amended]

0
8. Section 96.111 is amended, in paragraph (c), by revising the words
``Sec.  96.151 and 96.182'' to read ``96.115, 96.151, and 96.182''.

Sec.  96.112  [Amended]

0
9. Section 96.112 is amended, in paragraph (c)(1), by revising the
words ``a new owner'' to read ``an owner'', by revising the words
``such new owner'' to read ``such owner'', and by revising the words
``the new owner'' to read ``the owner''.

Sec.  96.113  [Amended]

0
10. Section 96.113 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``is submitted'' to read
``is submitted, including identification and nameplate capacity of each
generator served by each such unit''; and
0
b. In paragraph (a)(4)(iv), by revising the words ``where a customer''
to read ``where a utility or industrial customer''.
0
11. Add a new Sec.  96.115 to read as follows:

Sec.  96.115  Delegation by CAIR designated representative and
alternate CAIR designated representative.

    (a) A CAIR designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this part.
    (b) An alternate CAIR designated representative may delegate, to
one or more natural persons, his or her authority to make an electronic

submission to the Administrator provided for or required under this
part.
    (c) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (a) or (b) of this
section, the CAIR designated representative or alternate CAIR
designated representative, as appropriate, must submit to the
Administrator a notice of delegation, in a format prescribed by the
Administrator that includes the following elements:
    (1) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR designated
representative or alternate CAIR designated representative;
    (2) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such CAIR designated
representative or alternate CAIR designated representative:
    (i) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a CAIR designated representative or alternate CAIR
designated representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
96.115(d) shall be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 96.115(d), I agree to maintain an e-
mail account and to notify the Administrator immediately of any change
in my e-mail address unless all delegation of authority by me under 40
CFR 96.115 is terminated.''
    (d) A notice of delegation submitted under paragraph (c) of this
section shall be effective, with regard to the CAIR designated
representative or alternate CAIR designated representative identified
in such notice, upon receipt of such notice by the Administrator and
until receipt by the Administrator of a superseding notice of
delegation submitted by such CAIR designated representative or
alternate CAIR designated representative, as appropriate. The
superseding notice of delegation may replace any previously identified
agent, add a new agent, or eliminate entirely any delegation of
authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the CAIR designated
representative or alternate CAIR designated representative submitting
such notice of delegation.

Sec.  96.120  [Amended]

0
12. Section 96.120 is amended, in paragraph (a), by revising the words
``otherwise by this subpart and'' to read ``otherwise by Sec.  96.105,
this subpart, and''.

Sec.  96.121  [Amended]

0
13. Section 96.121 is amended as follows:
0
a. In paragraph (a), by revising the words ``commences operation'' to
read ``commences commercial operation, except as provided in Sec.
96.183(a)''; and
0
b. In paragraph (b), by revising the words ``permit renewal'' to read
``permit renewal, except as provided in Sec.  96.183(b)''.

Sec.  96.123  [Amended]

0
14. Section 96.123 is amended, in paragraph (b), by revising the words
``subpart FF, GG, or II'' to read ``subpart EE, FF, GG, or II''.

Sec.  96.141  [Amended]

0
15. Section 96.141 is amended as follows:
0
a. In paragraph (b)(1), removing the paragraph designation ``(1)'';
0
b. By removing paragraph (b)(2);
0
c. In paragraph (c)(1), removing the paragraph designation ``(1)''; and
0
d. By removing paragraph (c)(2).

0
16. Section 96.142 is amended as follows:
0
a. In paragraph (a)(2)(ii)(C), by revising the words ``3,414 Btu/kWh''
to read ``3,413 Btu/kWh'';
0
b. By revising paragraph (c) introductory text;
0
c. In paragraph (c)(1), by revising the words ``2009 through 2013'' to
read ``2009 through 2014'' and by revising the words ``in 2014'' to
read ``in 2015'';
0
d. In paragraph (c)(2), by revising the words ``The CAIR NOX
allowance allocation request must be submitted on or before July 1 of
the first control period for which CAIR NOX allowances are
requested'' to read ``A separate CAIR NOX allowance
allocation request for each control period for which CAIR
NOX allowances are sought must be submitted on or before May
1 of such control period''; and
0
e. In paragraph (c)(4)(ii), by revising the words ``On or after July
1'' to read ``On or after May 1''; and revising to read as follows:

Sec.  96.142  CAIR NOX allowance allocations.

* * * * *
    (c) For each control period in 2009 and thereafter, the permitting
authority will allocate CAIR NOX allowances to CAIR
NOX units in a State that are not allocated CAIR
NOX allowances under paragraph (b) of this section because
the units do not yet have a baseline heat input under paragraph (a) of
this section or because the units have a baseline heat input but all
CAIR NOX allowances available under paragraph (b) of this
section for the control period are already allocated, in accordance
with the following procedures:
* * * * *

Sec.  96.143  [Amended]

0
17. Section 96.143 is amended as follows:
0
a. In paragraphs (b)(2), (c)(1), and (d), by revising the words ``July
1'' to read ``May 1'';
0
b. In paragraph (d)(3), by revising the words `` `Unit's allocation' is
the number of CAIR NOX allowances'' to read `` `Unit's
allocation' is the amount of CAIR NOX allowances'';
0
c. In paragraph (d)(4), by revising the words ``paragraph (d)(3) or
(4)'' to read ``paragraph (d)(2) or (3)''; and
0
d. In paragraph (d)(5), by revising the words ``paragraph (d)(5)'' to
read ``paragraph (d)(4)''.

0
18. Section 96.151 is amended as follows:
0
a. In paragraph (b)(2) introductory text, by revising the word
``representative'' to read ``representative or alternate CAIR
authorized account representative'';
0
b. In paragraph (b)(3)(iii)(A), by revising the words ``a new person''
to read ``a person'', by revising the words ``such new person'' to read
``such person'', and by revising the words ``the new person'' to read
``the person'';
0
c. In paragraph (b)(3)(iii)(B), by revising the words ``addition of
persons'' to read ``addition of a new person'';
0
d. In paragraph (b)(4) introductory text, by revising the word
``representative'' to read ``representative or alternate CAIR
authorized account representative'';
0
e. In paragraphs (b)(4)(ii) and (iii), by revising the words
``alternative CAIR'' to read ``alternate CAIR'' whenever they appear;
and
0
f. By adding a new paragraph (b)(5) to read as follows:

Sec.  96.151  Establishment of accounts.

* * * * *
    (b) * * *
    (5) Delegation by CAIR authorized account representative and
alternate CAIR authorized account representative. (i) A CAIR authorized
account representative may delegate, to one or more natural persons,
his or her authority to make an electronic submission to the
Administrator provided for or required under subparts FF and GG of this
part.
    (ii) An alternate CAIR authorized account representative may
delegate, to one or more natural persons, his or her authority to make
an electronic submission to the Administrator provided for or required
under subparts FF and GG of this part.
    (iii) In order to delegate authority to make an electronic
submission to the Administrator in accordance with paragraph (b)(5)(i)
or (ii) of this section, the CAIR authorized account representative or
alternate CAIR authorized account representative, as appropriate, must
submit to the Administrator a notice of delegation, in a format
prescribed by the Administrator, that includes the following elements:
    (A) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR authorized account
representative or alternate CAIR authorized account representative;
    (B) The name, address, e-mail address, telephone number, and,
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (b)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``I agree that any electronic submission to the
Administrator that is by an agent identified in this notice of
delegation and of a type listed for such agent in this notice of
delegation and that is made when I am a CAIR authorized account
representative or alternate CAIR authorized representative, as
appropriate, and before this notice of delegation is superseded by
another notice of delegation under 40 CFR 96.151(b)(5)(iv) shall be
deemed to be an electronic submission by me.''; and
    (E) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``Until this notice of delegation is superseded by
another notice of delegation under 40 CFR 96.151 (b)(5)(iv), I agree to
maintain an e-mail account and to notify the Administrator immediately
of any change in my e-mail address unless all delegation of authority
by me under 40 CFR 96.151 (b)(5) is terminated.''
    (iv) A notice of delegation submitted under paragraph (b)(5)(iii)
of this section shall be effective, with regard to the CAIR authorized
account representative or alternate CAIR authorized account
representative identified in such notice, upon receipt of such notice
by the Administrator and until receipt by the Administrator of a
superseding notice of delegation submitted by such CAIR authorized
account representative or alternate CAIR authorized account
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (b)(5)(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (b)(5)(iv) of this
section shall be deemed to be an electronic submission by the CAIR
designated representative or alternate CAIR designated representative
submitting such notice of delegation.
* * * * *

0
19. Section 96.153 is amended as follows:
0
a. In paragraph (a), by revising the words ``By December 1, 2006,'' to
read ``By September 30, 2007,'' and revising the words ``at a source''
to read ``at the source'';
0
b. In paragraphs (b) and (d), by removing the words ``or as determined
by the Administrator''; and
0
c. By revising paragraph (c) to read as follows:

Sec.  96.153  Recordation of CAIR NOX allowance allocations.

* * * * *
    (c) By December 1, 2009 and December 1 of each year thereafter, the
Administrator will record in the CAIR NOX source's
compliance account the CAIR NOX allowances allocated for the
CAIR NOX units at the source, as submitted by the permitting
authority in accordance with Sec.  96.141(b), for the control period in
the sixth year after the year of the applicable deadline for
recordation under this paragraph.
* * * * *

Sec.  96.154  [Amended]

0
20. Section 96.154 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``prior year;'' to read
``prior year; and'';
0
b. In paragraph (a)(2), revising the words ``Sec.  96.160 by the
allowance transfer deadline for the control period; and'' to read
``Sec. Sec.  96.160 and 96.161 by the allowance transfer deadline for
the control period.'';
0
c. By removing paragraph (a)(3);
0
d. In paragraph (c)(2)(ii), by revising the words ``to any unit'' to
read ``to any entity'';
0
e. In paragraph (e), by revising the words ``under paragraph (b) or (d)
of this section'' to read ``under paragraphs (b) and (d) of this
section and subpart II'';
0
f. In paragraph (f)(2), by revising the words ``of this section.'' to
read ``of this section, and record such deductions and transfers.''

Sec.  96.155  [Amended]

0
21. Section 96.155 is amended, in paragraph (b), by revising the words
``Sec.  96.156, or subpart GG'' to read ``Sec.  96.156, or subpart GG
or II''.

Sec.  96.157  [Amended]

0
22. Section 96.157 is amended, in paragraphs (a) and (b), by revising
the words ``Sec.  96.160'' to read ``Sec. Sec.  96.160 and 96.161''.

0
23. Section 96.170 is amended as follows:
0
a. In paragraph (b) introductory text, by revising the words ``The
owner'' to read ``Except as provided in paragraph (e) of this section,
the owner'';
0
b. In paragraph (b)(5), by revising the words ``paragraphs (b)(1), (2),
and (4) of this section and solely for purposes of Sec.  96.106(c)(2),
for the owner'' to read ``paragraphs (b)(1) and (2) of this section,
for the owner'';
0
c. In paragraph (c)(1), by removing the paragraph designation ``(1)''
and by revising the words ``Except as provided in paragraph (c)(2) of
this section, the owner'' to read ``The owner'';
0
d. By removing paragraph (c)(2);
0
e. In paragraph (d)(3), by revising the words ``the atmosphere'' to
read ``the atmosphere or heat input''; and
0
f. By adding a new paragraph (e) to read as follows:

Sec.  96.170  General Requirements.

* * * * *
    (e) Long-term cold storage. The owner or operator of a CAIR
NOX unit is subject to the applicable provisions of part 75
of this chapter concerning units in long-term cold storage.

Sec.  96.171  [Amended]

0
24. Section 96.171 is amended, in paragraph (c), by revising the words
``Sec.  75.12, Sec.  75.17, or subpart H of part 75'' to read ``Sec.
75.12 or Sec.  75.17''.

Sec.  96.173  [Amended]

0
25. Section 96.173 is amended by removing the words ``, except that if
the unit is not subject to an Acid Rain emissions limitation, the
notification is only required to be sent to the permitting authority''.

0
26. Section 96.174 is amended as follows:
0
a. In paragraph (d)(1)(i), by revising the words ``2008; or'' to read
``2008;'';
0
b. In paragraph (d)(1)(ii), by revising the words ``2008.'' to read
``2008;'';
0
c. By adding new paragraphs (d)(1)(iii) and (iv); and
0
d. In paragraph (d)(3), by revising the words ``or CAIR SO2
Trading Program,'' to read ``, CAIR SO2 Trading Program, or
Hg Budget Trading Program,'' and by revising the words ``subparts F
through H'' to read ``subparts F through I'' and revising to read as
follows:

Sec.  96.174  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this
section, for a unit for which a CAIR opt-in permit application is
submitted and not withdrawn and a CAIR opt-in permit is not yet issued
or denied under subpart II of this part, the calendar quarter
corresponding to the date specified in Sec.  96.184(b); and
    (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section,
for a CAIR NOX opt-in unit under subpart II of this part,
the calendar quarter corresponding to the date on which the CAIR
NOX opt-in unit enters the CAIR NOX Annual
Trading Program as provided in Sec.  96.184(g).
* * * * *

Sec.  96.176  [Removed]

0
27. Section 96.176 is removed.

0
28. Section 96.183 is amended as follows:
0
a. By revising paragraph (a)(5); and
0
b. In paragraph (b)(2), by revising the words ``CAIR opt-in unit``to
read ''CAIR NOX opt-in unit'' and revising to read as
follows:

Sec.  96.183  Applying for CAIR opt-in permit.

    (a)* * *
    (5) A statement, in a format specified by the permitting authority,
whether the CAIR designated representative requests that the unit be
allocated CAIR NOX allowances under Sec.  96.188(b) or Sec.
96.188(c) (subject to the conditions in Sec. Sec.  96.184(h) and
96.186(g)). If allocation under Sec.  96.188(c) is requested, this
statement shall include a statement that the owners and operators of
the unit intend to repower the unit before January 1, 2015 and that
they will provide, upon request, documentation demonstrating such
intent.
* * * * *

Sec.  96.184  [Amended]

0
29. Section 96.184 is amended as follows:
0
a. In paragraph (c)(2), by revising the words ``for the control period
under paragraph (b)(1)(ii) of this section and for the control periods
under paragraph (b)(2) of this section``to read''for the control
periods under paragraphs (b)(1)(ii) and (2) of this section'';
0
b. In paragraph (d)(2), by revising the words ``for the control period
under paragraph (b)(1)(ii) of this section and the control periods
under paragraph (b)(2) of this section``to read''for the control
periods under paragraphs (b)(1)(ii) and (2) of this section'';
0
c. In paragraph (d)(3), by revising the words ``for such control
period'' with words''for such control periods'';
0
d. In paragraph (f), by revising the words ``CAIR NOX opt-in
permit'' to read ``CAIR opt-in permit''; and
0
e. In paragraph (h)(2), by revising the words ``a CAIR opt-in unit'' to
read ``a CAIR NOX opt-in unit''.

0
30. Section 96.185 is amended as follows:
0
a. In paragraph (a)(5), by revising the words ``under Sec.
96.188(c)``to read''Sec.  96.188(b) or Sec.  96.188(c)''; and
0
b. By adding a new paragraph (c) to read as follows:

Sec.  96.185  CAIR opt-in permit contents.

* * * * *
    (c) The CAIR opt-in permit shall be included, in a format specified
by the permitting authority, in the CAIR permit for the source where
the CAIR NOX opt-in unit is located and in a title V
operating permit or other federally enforceable permit for the source.

Sec.  96.186  [Amended]

0
31. Section 96.186 is amended as follows:
0
a. In paragraph (a), by revising the words ``CAIR opt-in unit'' to read
``CAIR NOX opt-in unit''; and
0
b. In paragraph (b)(2), by revising the words ``equal in number to'' to
read ``equal in amount to''.

0
32. Section 96.187 is amended as follows:
0
a. In paragraph (b)(1), by revising the words ``under Sec.  96.123'' to
read ``under Sec.  96.123, and remove the CAIR opt-in permit
provisions,'';
0
b. In paragraph (b)(2)(i), by revising the words ``equal in number to''
to read ``equal in amount to'';
0
c. By revising paragraph (b)(3)(i);
0
d. In paragraph (b)(3)(ii), by revising the words ``Notwithstanding
paragraph (b)(3)(i) of this section, if'' to read ``If'', by revising
the words ``January 1'' to read ``December 31,'' and by revising the
words ``number of CAIR NOX allowances'' to read ``amount of
CAIR NOX allowances''; and
0
e. In paragraph (b)(3)(ii)(A), by revising the words ``number of CAIR
NOX allowances'' to read ``amount of CAIR NOX
allowances'' and revising to read as follows:

Sec.  96.187  Change in regulatory status.

* * * * *
    (b) * * *
    (3)(i) For every control period after the date on which the CAIR
NOX opt-in unit becomes a CAIR NOX unit under
Sec.  96.104, the CAIR NOX opt-in unit will be allocated
CAIR NOX allowances under Sec.  96.142.
* * * * *

Sec.  96.188  CAIR NOX allowance allocations to CAIR
NOX opt-in units.

0
33. Section 96.188 is amended as follows:
0
a. By revising the heading of the section as set forth above;
0
b. In paragraph (a)(2), by revising the words ``of the control period
in which a CAIR opt-in unit'' to read ``of the control period after the
control period in which a CAIR NOX opt-in unit'';
0
c. In paragraph (c), by revising the words ``issues a CAIR opt-in
permit'' to read ``issues a CAIR opt-in permit (based on a
demonstration of the intent to repower stated under Sec.
96.183(a)(5))''; and
0
d. In paragraph (d)(2), by revising the words ``CAIR opt-in unit'' to
read ``CAIR NOX opt-in unit'' and revising the words ``CAIR
opt-in unit''.

0
34. Section 96.202 is amended as follows:
0
a. By revising the definition of ``Allocate or allocation'';
0
b. In the definition of ``Allowance transfer deadline'', by revising
the words ``midnight of March 1, if it is a business day, or, if March
1 is not a business day, midnight of the first business day
thereafter'' to read ``midnight of March 1 (if it is a business day),
or midnight of the first business day thereafter (if March 1 is not a
business day),'';
0
c. In the definition of ``Alternate CAIR designated representative'',
by adding at the end the words ``If the CAIR SO2

source is also subject to the Hg Budget Trading Program, then this
natural person shall be the same person as the alternate Hg designated
representative under the Hg Budget Trading Program.'';
0
d. In the definition of ``CAIR authorized account representative'', by
revising the words ``subparts BBB and III'' to read ``subparts BBB,
FFF, and III'';
0
e. In the definition of ``CAIR designated representative'', by adding
at the end the words ``If the CAIR SO2 source is also
subject to the Hg Budget Trading Program, then this natural person
shall be the same person as the Hg designated representative under the
Hg Budget Trading Program.'';
0
f. In the definition of ``CAIR NOX Annual Trading Program'',
by revising the words ``Sec.  51.123 of this chapter,'' to read ``Sec.
51.123 of this chapter or established by the Administrator in
accordance with subparts AA through II of part 97 of this chapter and
Sec. Sec.  51.123(p) and 52.35 of this chapter,'';
0
g. In the definition of ``CAIR NOX Ozone Season source'', by
revising the words ``includes one or more CAIR NOX Ozone
Season unit'' to read ``is subject to the CAIR NOX Ozone
Season Trading Program'';
0
h. In the definition of ``CAIR NOX Ozone Season Trading
Program'', by revising the words ``Sec.  51.123 of this chapter,'' to
read ``Sec.  51.123 of this chapter or established by the Administrator
in accordance with subparts AAAA through IIII of part 97 of this
chapter and Sec. Sec.  51.123(ee) and 52.35 of this chapter,'';
0
i. By removing the definition of ``CAIR NOX Ozone Season
unit'';
0
j. In the definition of ``CAIR NOX source'', by revising the
words ``includes one or more CAIR NOX units'' to read ``is
subject to the CAIR NOX Annual Trading Program'';
0
k. By removing the definition of ``CAIR NOX unit'';
0
l. In the definition of ``CAIR SO2 allowance'', by revising
in the introductory text the words ``under Sec.  96.288,'' to read
``under provisions of a State implementation plan that are approved
under Sec.  51.124(o)(1) or (2) or (r) of this chapter or Sec.  97.288
of this chapter,'', by designating the last sentence of the definition
as paragraph (4), and by revising in paragraph (4) the words ``(Program
or under the provisions of a State implementation plan that is approved
under Sec.  51.124(o)(1) or (2) of this chapter'' to read ``(Program,
provisions of a State implementation plan that are approved under Sec.
51.124(o)(1) or (2) or (r) of this chapter, or Sec.  97.288 of this
chapter'';
0
m. In the definition of ``CAIR SO2 allowance deduction or
deduct CAIR SO2 allowances'', by adding, after the words
``compliance account'', the words ``, e.g.,'';
0
n. In the definition of ``CAIR SO2 emissions limitation'',
by revising the words ``tonnage equivalent of'' to read ``tonnage
equivalent, in SO2 emissions in a control period, of'' and
by revising the words ``for a control period'' to read ``for the
control period''
0
o. In the definition of ``CAIR SO2 Trading Program'', by
revising the words ``Sec.  51.124 of this chapter,'' to read ``Sec.
51.124 of this chapter or established by the Administrator in
accordance with subparts AAA through III of part 97 of this chapter and
Sec. Sec.  51.124(r) and 52.36 of this chapter,'';
0
p. In paragraph (2) of the definition of ``Cogeneration unit'', by
revising the words ``calendar year after which'' to read ``calendar
year after the calendar year in which'';
0
q. In the definition of ``Combustion turbine'', by revising the words
``any associated heat recovery steam generator'' to read ``any
associated duct burner, heat recovery steam generator,'';
0
r. By revising the definition of ``Commence commercial operation'';
0
s. By revising the definition of ``Commence operation'';
0
t. In the definition of ``Control period'', by revising the words
``January 1 of a calendar year and'' to read ``January 1 of a calendar
year, except as provided in Sec.  96.206(c)(2), and'';
0
u. By revising the definition of ``Maximum design heat input'';
0
v. In the definition of ``Nameplate capacity'', by revising the words
``other deratings) as specified'' to read ``other deratings) as of such
installation as specified'' and by revising the words ``maximum amount
as specified'' to read ``maximum amount as of such completion as
specified'';
0
w. In the definition of ``Receive or receipt'', by revising the words
``official correspondence log'' to read ``official log'';
0
x. In the definition of ``Useful thermal energy'', by revising in
paragraph (2) the word ``heat'' with the word ``heating''; and
0
y. By adding new definitions of ``Hg Budget Trading Program'',
``Replacement, replace, or replaced'', and ``Solid waste incineration
unit'' to read as follows:

Sec.  96.202  Definitions.

* * * * *
    Allocate or allocation means, with regard to CAIR SO2
allowances issued under the Acid Rain Program, the determination by the
Administrator of the amount of such CAIR SO2 allowances to
be initially credited to a CAIR SO2 unit or other entity
and, with regard to CAIR SO2 allowances issued under
provisions of a State implementation plan that are approved under Sec.
51.124(o)(1) or (2) or (r) of this chapter or Sec.  97.288 of this
chapter, the determination by a permitting authority of the amount of
such CAIR SO2 allowances to be initially credited to a CAIR
SO2 unit or other entity.
* * * * *
    Commence commercial operation means, with regard to a unit:
    (1) To have begun to produce steam, gas, or other heated medium
used to generate electricity for sale or use, including test
generation, except as provided in Sec.  96.205 and Sec.  96.284(h).
    (i) For a unit that is a CAIR SO2 unit under Sec.
96.204 on the later of November 15, 1990 or the date the unit commences
commercial operation as defined in paragraph (1) of this definition and
that subsequently undergoes a physical change (other than replacement
of the unit by a unit at the same source), such date shall remain the
date of commencement of commercial operation of the unit, which shall
continue to be treated as the same unit.
    (ii) For a unit that is a CAIR SO2 unit under Sec.
96.204 on the later of November 15, 1990 or the date the unit commences
commercial operation as defined in paragraph (1) of this definition and
that is subsequently replaced by a unit at the same source (e.g.,
repowered), such date shall remain the replaced unit's date of
commencement of commercial operation, and the replacement unit shall be
treated as a separate unit with a separate date for commencement of
commercial operation as defined in paragraph (1) or (2) of this
definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as
provided in Sec.  96.205, for a unit that is not a CAIR SO2
unit under Sec.  96.204 on the later of November 15, 1990 or the date
the unit commences commercial operation as defined in paragraph (1) of
this definition, the unit's date for commencement of commercial
operation shall be the date on which the unit becomes a CAIR
SO2 unit under Sec.  96.204.
    (i) For a unit with a date for commencement of commercial operation
as defined in paragraph (2) of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a
unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit, which shall continue
to be treated as the same unit.

    (ii) For a unit with a date for commencement of commercial
operation as defined in paragraph (2) of this definition and that is
subsequently replaced by a unit at the same source (e.g., repowered),
such date shall remain the replaced unit's date of commencement of
commercial operation, and the replacement unit shall be treated as a
separate unit with a separate date for commencement of commercial
operation as defined in paragraph (1) or (2) of this definition as
appropriate.
    Commence operation means:
    (1) To have begun any mechanical, chemical, or electronic process,
including, with regard to a unit, start-up of a unit's combustion
chamber, except as provided in Sec.  96.284(h).
    (2) For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date
the unit commences operation as defined in paragraph (1) of this
definition, such date shall remain the date of commencement of
operation of the unit, which shall continue to be treated as the same
unit.
    (3) For a unit that is replaced by a unit at the same source (e.g.,
repowered) after the date the unit commences operation as defined in
paragraph (1) of this definition, such date shall remain the replaced
unit's date of commencement of operation, and the replacement unit
shall be treated as a separate unit with a separate date for
commencement of operation as defined in paragraph (1), (2), or (3) of
this definition as appropriate, except as provided in (96.284(h).
* * * * *
    Hg Budget Trading Program means a multi-state Hg air pollution
control and emission reduction program approved and administered by the
Administrator in accordance subpart HHHH of part 60 of this chapter and
Sec.  60.24(h)(6), or established by the Administrator under section
111 of the Clean Air Act, as a means of reducing national Hg emissions.
* * * * *
    Maximum design heat input means the maximum amount of fuel per hour
(in Btu/hr) that a unit is capable of combusting on a steady state
basis as of the initial installation of the unit as specified by the
manufacturer of the unit.
* * * * *
    Replacement, replace, or replaced means, with regard to a unit, the
demolishing of a unit, or the permanent shutdown and permanent
disabling of a unit, and the construction of another unit (the
replacement unit) to be used instead of the demolished or shutdown unit
(the replaced unit).
* * * * *
    Solid waste incineration unit means a stationary, fossil-fuel-fired
boiler or stationary, fossil-fuel-fired combustion turbine that is a
``solid waste incineration unit'' as defined in section 129(g)(1) of
the Clean Air Act.
* * * * *

0
35. Section 96.203 is revised to read as follows:

Sec.  96.203  Measurements, abbreviations, and acronyms.

    Measurements, abbreviations, and acronyms used in this subpart and
subparts BBB through III are defined as follows:

Btu--British thermal unit
CO2--carbon dioxide
H2O--water
Hg--mercury
 hr--hour
kW--kilowatt electrical
kWh--kilowatt hour
lb--pound
mmBtu--million Btu
MWe--megawatt electrical
MWh--megawatt hour
NOX--nitrogen oxides
O2--oxygen
ppm--parts per million
scfh--standard cubic feet per hour
SO2--sulfur dioxide
 yr--year

0
36. Section 96.204 is revised to read as follows:

Sec.  96.204  Applicability.

    (a) Except as provided in paragraph (b) of this section:
    (1) The following units in a State shall be CAIR SO2
units, and any source that includes one or more such units shall be a
CAIR SO2 source, subject to the requirements of this subpart
and subparts BBB through HHH of this part: any stationary, fossil-fuel-
fired boiler or stationary, fossil-fuel-fired combustion turbine
serving at any time, since the later of November 15, 1990 or the start-
up of the unit's combustion chamber, a generator with nameplate
capacity of more than 25 MWe producing electricity for sale.
    (2) If a stationary boiler or stationary combustion turbine that,
under paragraph (a)(1) of this section, is not a CAIR SO2
unit begins to combust fossil fuel or to serve a generator with
nameplate capacity of more than 25 MWe producing electricity for sale,
the unit shall become a CAIR SO2 unit as provided in
paragraph (a)(1) of this section on the first date on which it both
combusts fossil fuel and serves such generator.
    (b) The units in a State that meet the requirements set forth in
paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not
be CAIR SO2 units:
    (1)(i) Any unit that is a CAIR SO2 unit under paragraph
(a)(1) or (2) of this section:
    (A) Qualifying as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
    (B) Not serving at any time, since the later of November 15, 1990
or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electric output capacity or
219,000 MWh, whichever is greater, to any utility power distribution
system for sale.
    (ii) If a unit qualifies as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and
meets the requirements of paragraphs (b)(1)(i) of this section for at
least one calendar year, but subsequently no longer meets all such
requirements, the unit shall become a CAIR SO2 unit starting
on the earlier of January 1 after the first calendar year during which
the unit first no longer qualifies as a cogeneration unit or January 1
after the first calendar year during which the unit no longer meets the
requirements of paragraph (b)(1)(i)(B) of this section.
    (2)(i) Any unit that is a CAIR SO2 unit under paragraph
(a)(1) or (2) of this section commencing operation before January 1,
1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
1985-1987 exceeding 80 percent (on a Btu basis) and an average annual
fuel consumption of non-fossil fuel for any 3 consecutive calendar
years after 1990 exceeding 80 percent (on a Btu basis).
    (ii) Any unit that is a CAIR SO2 unit under paragraph
(a)(1) or (2) of this section commencing operation on or after January
1, 1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
the first 3 calendar years of operation exceeding 80 percent (on a Btu
basis) and an average annual fuel consumption of non-fossil fuel for
any 3 consecutive calendar years after 1990 exceeding 80 percent (on a
Btu basis).
    (iii) If a unit qualifies as a solid waste incineration unit and
meets the requirements of paragraph (b)(2)(i) or (ii) of this section
for at least 3 consecutive

calendar years, but subsequently no longer meets all such requirements,
the unit shall become a CAIR SO2 unit starting on the
earlier of January 1 after the first calendar year during which the
unit first no longer qualifies as a solid waste incineration unit or
January 1 after the first 3 consecutive calendar years after 1990 for
which the unit has an average annual fuel consumption of fossil fuel of
20 percent or more.

Sec.  96.205  [Amended]

0
37. Section 96.205 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``Sec.  96.206(c)(4)
through (8), Sec.  96.207, and subparts FFF and GGG'' to read ``Sec.
96.206(c)(4) through (7), Sec.  96.207, Sec.  96.208, and subparts BBB,
FFF, and GGG'';
0
b. In paragraph (b)(2), by revising the words ``shall retain at the
source'' to read ``shall retain, at the source''; and
0
c. In paragraph (b)(6), by revising the words ``commences operation and
commercial operation'' to read ``commences commercial operation''.

Sec.  96.206  [Amended]

0
38. Section 96.206 is amended as follows:
0
a. In paragraph (a)(1)(i), by revising the words ``in Sec.  96.221(a)
and (b)'' to read ``in Sec.  96.221'';
0
b. In paragraph (c)(2), by revising the words ``under paragraph (c)(1)
of this section'' with ``under paragraph (c)(1) of this section for the
control period'' and by revising the words ``under Sec.  96.270(b)(1),
(2), or (5)'' to read ``under Sec.  96.270(b)(1), (2), or (5) and for
each control period thereafter'';
0
c. In paragraph (c)(7), by revising the words ``from a CAIR
SO2 unit's compliance account'' to read ``from a CAIR
SO2 source's compliance account'' and by removing the words
``that includes the CAIR SO2 unit''; and
0
d. In paragraph (d)(1), by removing the paragraph designation ``(1)''
and by redesignating paragraph (i) as paragraph (d)(1); and
0
e. By removing paragraph (d)(2) and by redesignating paragraph (ii) as
paragraph (d)(2).

Sec.  96.211  [Amended]

0
39. In paragraph (c), by revising the words ``96.251 and 96.282'' to
read ``96.215, 96.251, and 96.282''.

Sec.  96.212  [Amended]

0
40. Section 96.212 is amended, in paragraph (c)(1), by revising the
words ``a new owner'' to read ``an owner'', by revising the words
``such new owner'' to read ``such owner'', and by revising the words
``the new owner'' to read ``the owner''.

Sec.  96.213  [Amended]

0
41. Section 96.213 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``is submitted'' to read
``is submitted, including identification and nameplate capacity of each
generator served by each such unit''; and
0
b. In paragraph (a)(4)(iv), by revising the words ``where a customer''
to read ``where a utility or industrial customer''.
0
42. Add a new section 96.215 to read as follows:

Sec.  96.215  Delegation by CAIR designated representative and
alternate CAIR designated representative.

    (a) A CAIR designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this part.
    (b) An alternate CAIR designated representative may delegate, to
one or more natural persons, his or her authority to make an electronic
submission to the Administrator provided for or required under this
part.
    (c) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (a) or (b) of this
section, the CAIR designated representative or alternate CAIR
designated representative, as appropriate, must submit to the
Administrator a notice of delegation, in a format prescribed by the
Administrator that includes the following elements:
    (1) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR designated
representative or alternate CAIR designated representative;
    (2) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of each such natural person
``referred to as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such CAIR designated
representative or alternate CAIR designated representative:
    (i) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a CAIR designated representative or alternate CAIR
designated representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
96.215(d) shall be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 96.215(d), I agree to maintain an e-
mail account and to notify the Administrator immediately of any change
in my e-mail address unless all delegation of authority by me under 40
CFR 96.215 is terminated.''.
    (d) A notice of delegation submitted under paragraph (c) of this
section shall be effective, with regard to the CAIR designated
representative or alternate CAIR designated representative identified
in such notice, upon receipt of such notice by the Administrator and
until receipt by the Administrator of a superseding notice of
delegation submitted by such CAIR designated representative or
alternate CAIR designated representative, as appropriate. The
superseding notice of delegation may replace any previously identified
agent, add a new agent, or eliminate entirely any delegation of
authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the CAIR designated
representative or alternate CAIR designated representative submitting
such notice of delegation.

Sec.  96.220  [Amended]

0
43. Section 96.220 is amended as follows:
0
a. In paragraph (a), by revising the words ``otherwise by this subpart
and'' to read ``otherwise by Sec.  96.205, this subpart, and''; and
0
b. In paragraph (b), by replacing the words ``CAIR SO2 units
at the source'' to read ``CAIR SO2 units at the source
covered by the CAIR permit''.

Sec.  96.221  [Amended]

0
44. Section 96.221 is amended as follows:
0
a. In paragraph (a), by revising the words ``commences operation'' to
read ``commences commercial operation, except as provided in Sec.
96.283(a)'' and
0
b. In paragraph (b), by revising the words ``permit renewal'' to read
``permit renewal, except as provided in Sec.  96.283(b)''.

0
45. Section 96.251 is amended as follows:
0
a. In paragraph (b)(2) introductory text, by revising the word
``representative'' to read ``representative

or alternate CAIR authorized account representative'';
0
b. In paragraph (b)(3)(iii)(A), by revising the words ``a new person''
to read ``a person'', revise the words ``such new person'' to read
``such person'', and revise the words ``the new person'' to read ``the
person'';
0
c. In paragraph (b)(3)(iii)(B), by revising the words ``addition of
persons'' to read ``addition of a new person'';
0
d. In paragraph (b)(4) introductory text, by revising the word
``representative'' to read ``representative or alternate CAIR
authorized account representative'';
0
e. In paragraphs (b)(4)(ii) and (iii), by revising the words
``alternative CAIR'' to read ``alternate CAIR'' whenever they appear;
and
0
f. By adding a new paragraph (b)(5) to read as follows:

Sec.  96.251  Establishment of accounts.

* * * * *
    (b) * * *
    (5) Delegation by CAIR authorized account representative and
alternate CAIR authorized account representative. (i) A CAIR authorized
account representative may delegate, to one or more natural persons,
his or her authority to make an electronic submission to the
Administrator provided for or required under subparts FFF and GGG of
this part.
    (ii) An alternate CAIR authorized account representative may
delegate, to one or more natural persons, his or her authority to make
an electronic submission to the Administrator provided for or required
under subparts FFF and GGG of this part.
    (iii) In order to delegate authority to make an electronic
submission to the Administrator in accordance with paragraph (b)(5)(i)
or (ii) of this section, the CAIR authorized account representative or
alternate CAIR authorized account representative, as appropriate, must
submit to the Administrator a notice of delegation, in a format
prescribed by the Administrator, that includes the following elements:
    (A) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR authorized account
representative or alternate CAIR authorized account representative;
    (B) The name, address, e-mail address, telephone number, and,
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (b)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``I agree that any electronic submission to the
Administrator that is by an agent identified in this notice of
delegation and of a type listed for such agent in this notice of
delegation and that is made when I am a CAIR authorized account
representative or alternate CAIR authorized representative, as
appropriate, and before this notice of delegation is superseded by
another notice of delegation under 40 CFR 96.251(b)(5)(iv) shall be
deemed to be an electronic submission by me.''; and
    (E) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``Until this notice of delegation is superseded by
another notice of delegation under 40 CFR 96.251 (b)(5)(iv), I agree to
maintain an e-mail account and to notify the Administrator immediately
of any change in my e-mail address unless all delegation of authority
by me under 40 CFR 96.251 (b)(5) is terminated.''
    (iv) A notice of delegation submitted under paragraph (b)(5)(iii)
of this section shall be effective, with regard to the CAIR authorized
account representative or alternate CAIR authorized account
representative identified in such notice, upon receipt of such notice
by the Administrator and until receipt by the Administrator of a
superseding notice of delegation submitted by such CAIR authorized
account representative or alternate CAIR authorized account
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (b)(5)(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (b)(5)(iv) of this
section shall be deemed to be an electronic submission by the CAIR
designated representative or alternate CAIR designated representative
submitting such notice of delegation.
* * * * *

Sec.  96.254  [Amended]

0
46. Section 96.254 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``prior year;'' to read
``prior year; and'';
0
b. In paragraph (a)(2), revising the words ``Sec.  96.260 by the
allowance transfer deadline for the control period; and'' to read
``Sec. Sec.  96.260 and 96.261 by the allowance transfer deadline for
the control period.'';
0
c. Removing paragraph (a)(3);
0
d. In paragraph (b)(1)(ii), by removing the words ``available under
paragraph (a) of this section and'';
0
d. In paragraphs (c)(2)(ii), (c)(2)(iv), and (c)(2)(vi), by revising
the words ``to any unit'' to read ``to any entity'';
0
e. In paragraph (d)(1), by revising the words ``3 times the number of
tons of the source's excess emissions'' to read ``3 times the following
amount: the number of tons of the source's excess emissions minus, if
the source is subject to an Acid Rain emissions limitation, the amount
of the CAIR SO2 allowances required to be deducted under
paragraph (b)(1)(ii) of this section'';
0
f. In paragraph (e), by revising the words ``under paragraph (b) or (d)
of this section'' to read ``under paragraphs (b) and (d) of this
section) and subpart III''; and
0
g. In paragraph (f)(2), by revising the words ``of this section'' to
read ``of this section, and record such deductions and transfers''.

Sec.  96.255  [Amended]

0
47. Section 96.255 is amended, in paragraph (b), by revising the words
``Sec.  96.256, or subpart GGG'' to read ``Sec.  96.256, or subpart GGG
or III''.

Sec.  96.257  [Amended]

0
48. Section 96.257 is amended, in paragraphs (a) and (b), by revising
the words ``96.260''; to read ``Sec. Sec.  96.260 and 96.261''.

0
49. Section 96.261 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``Sec.  96.260; and'' to
read ``Sec.  96.260;'';
0
b. In paragraph (a)(2), by revising the words ``transfer.'' to read
``transfer; and''; and
0
c. By adding a new paragraph (a)(3) to read as follows:

Sec.  96.261  EPA recordation.

    (a) * * *
    (3) The transfer is in accordance with the limitation on transfer
under Sec.  74.42 of this chapter and Sec.  74.47(c) of this chapter,
as applicable.
* * * * *

0
50. Section 96.270 is amended as follows:
0
a. In paragraph (b) introductory text, by revising the words ``The
owner'' to read ``Except as provided in paragraph (e) of this section,
the owner'';

0
b. In paragraph (b)(5), by revising the words ``paragraphs (b)(1) and
(2) of this section and solely for purposes of Sec.  96.206(c)(2), for
the owner'' to read ``paragraphs (b)(1) and (2) of this section, for
the owner'';
0
c. In paragraph (c)(1), by removing the paragraph designation ``(1)''
and by revising the words ``Except as provided in paragraph (c)(2) of
this section, the owner'' to read ``The owner'' and the words
``SO2 concentration, SO2 emission rate,'' to read
``SO2 concentration,'';
0
d. By removing paragraph (c)(2);
0
e. In paragraph (d)(3), by revising the words ``the atmosphere'' to
read ``the atmosphere or heat input''; and
0
f. By adding a new paragraph (e) to read as follows:

Sec.  96.270  General requirements.

* * * * *
    (e) Long-term cold storage. The owner or operator of a CAIR
SO2 unit is subject to the applicable provisions of part 75
of this chapter concerning units in long-term cold storage.

Sec.  96.271  [Amended]

0
51. Section 96.271 is amended by removing and reserving paragraph (c).

Sec.  96.273  [Amended]

0
52. Section 96.273 is amended by removing the words ``, except that if
the unit is not subject to an Acid Rain emissions limitation, the
notification is only required to be sent to the permitting authority''.

0
53. Section 96.274 is amended as follows:
0
a. In paragraph (d)(1)(i), by revising the words ``2009; or'' to read
``2009;'';
0
b. In paragraph (d)(1)(ii), by revising the words ``2009.'' to read
``2009;'';
0
c. By adding new paragraphs (d)(1)(iii) and (iv); and
0
d. In paragraph (d)(3), by revising the words ``or CAIR NOX
Ozone Season Trading Program,'' to read ``, CAIR NOX Ozone
Season Trading Program, or Hg Budget Trading Program,'' and by revising
the words ``subparts F through H'' to read ``subparts F through I'' and
revising to read as follows:

Sec.  96.274  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this
section, for a unit for which a CAIR opt-in permit application is
submitted and not withdrawn and a CAIR opt-in permit is not yet issued
or denied under subpart III of this part, the calendar quarter
corresponding to the date specified in Sec.  96.284(b); and
    (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section,
for a CAIR SO2 opt-in unit under subpart III of this part,
the calendar quarter corresponding to the date on which the CAIR
SO2 opt-in unit enters the CAIR SO2 Trading
Program as provided in Sec.  96.284(g).
* * * * *

Sec.  96.276  [Removed]

0
54. Section 96.276 is removed.

0
55. Section 96.283 is amended as follows:
0
a. In paragraph (a)(2)(iii), by revising the words ``CAIR opt-in unit''
to read ``CAIR SO2 opt-in unit'';
0
b. By revising paragraph (a)(5);
0
c. In paragraph (b)(1), by revising the words ``or permitting
authority's'' to read ``or the permitting authority's'';
0
d. In paragraph (b)(2), by revising the words ``withdrawal of the CAIR
opt-in unit'' to read ``withdrawal of the CAIR SO2 opt-in
unit'' and revising to read as follows:

Sec.  96.283  Applying for CAIR opt-in permit.

    (a) * * *
    (5) A statement, in a format specified by the permitting authority,
whether the CAIR designated representative requests that the unit be
allocated CAIR SO2 allowances under Sec.  96.288(b) or Sec.
96.288(c) (subject to the conditions in Sec. Sec.  96.284(h) and
96.286(g)). If allocation under Sec.  96.288(c) is requested, this
statement shall include a statement that the owners and operators of
the unit intend to repower the unit before January 1, 2015 and that
they will provide, upon request, documentation demonstrating such
intent.
* * * * *

Sec.  96.284  [Amended]

0
56. Section 96.284 is amended as follows:
0
a. In paragraph (a), by revising the words ``heat input of the unit''
to read ``heat input of the unit and all other applicable parameters'';
0
b. In paragraph (c)(2), by revising the words ``for the control period
under paragraph (b)(1)(ii) of this section and the control periods
under paragraph (b)(2) of this section'' to read ``for the control
periods under paragraphs (b)(1)(ii) and (2) of this section'';
0
c. In paragraph (d)(2), by revising the words ``for the control period
under paragraph (b)(1)(ii) of this section and the control periods
under paragraph (b)(2) of this section'' to read ``for the control
periods under paragraphs (b)(1)(ii) and (2) of this section'';
0
d. In paragraph (d)(3), by revising the words ``for such control
period'' with words ``for such control periods'';
0
d. In paragraph (f), by revising the words ``CAIR SO2 opt-in
permit'' to read ``CAIR opt-in permit''; and
0
e. In paragraph (h)(2), by revising the words ``a CAIR opt-in unit'' to
read ``a CAIR SO2 opt-in unit''.

0
57. Section 96.285 is amended as follows:
0
a. In paragraph (a)(5), by revising the words ``under Sec.  96.288(c)''
to read ``Sec.  96.288(b) or Sec.  96.288(c)''; and
0
b. By adding a new paragraph (c) to read as follows:

Sec.  96.285  CAIR opt-in permit contents.

* * * * *
    (c) The CAIR opt-in permit shall be included, in a format specified
by the permitting authority, in the CAIR permit for the source where
the CAIR SO2 opt-in unit is located and in a title V
operating permit or other federally enforceable permit for the source.

Sec.  96.286  [Amended]

0
58. Section 96.286 is amended as follows:
0
a. In paragraph (a), by revising the words ``CAIR opt-in unit'' to read
``CAIR SO2 opt-in unit''; and
0
b. In paragraph (b)(2), by revising the words ``equal in number to'' to
read ``equal in amount to'' and by revising the words ``Sec.  96.188''
to read ``Sec.  96.288''.

Sec.  96.287  [Amended]

0
59. Section 96.287 is amended as follows:
0
a. In paragraph (b)(1), by revising the words ``under Sec.  96.223'' to
read ``under Sec.  96.223, and remove the CAIR opt-in permit
provisions,'';
0
b. In paragraph (b)(2)(i), by revising the words ``equal in number to''
to read ``equal in amount to''; and
0
c. By removing paragraph (b)(3).

Sec.  96.288  CAIR SO2 allowance allocations to CAIR
SO2 opt-in units.

0
60. Section 96.288 is amended as follows:
0
a. By revising the heading of the section as set forth above;
0
b. In paragraph (a)(2), by revising the words ``of the control period
in which a CAIR opt-in unit'' to read ``of the control period after the
control period in which a CAIR SO2 opt-in unit'';
0
c. In paragraph (c), by revising the words ``issues a CAIR opt-in
permit'' to read ``issues a CAIR opt-in permit (based on a
demonstration of the intent to repower stated under Sec.
96.283(a)(5))''; and
0
d. In paragraph (d)(2), by revising the words ``CAIR opt-in unit'' to
read ``CAIR SO2 opt-in unit''.

0
61. Section 96.302 is amended as follows:

0
a. By revising the definition of ``Allocate or allocation'';
0
b. In the definition of ``Allowance transfer deadline'', by revising
the words ``midnight of November 30, if it is a business day, or, if
November 30 is not a business day, midnight of the first business day
thereafter'' to read ``midnight of November 30 (if it is a business
day), or midnight of the first business day thereafter (if November 30
is not a business day),'';
0
c. In the definition of ``Alternate CAIR designated representative'',
by adding at the end the words ``If the CAIR NOX Ozone
Season source is also subject to the Hg Budget Trading Program, then
this natural person shall be the same person as the alternate Hg
designated representative under the Hg Budget Trading Program.''
0
d. In the definition of ``CAIR authorized account representative'', by
revising the words ``subparts BBBB and IIII'' to read ''subparts BBBB,
FFFF, and IIII'';
0
e. In the definition of ``CAIR designated representative'', by adding
at the end the words ``If the CAIR NOX Ozone Season source
is also subject to the Hg Budget Trading Program, then this natural
person shall be the same person as the Hg designated representative
under the Hg Budget Trading Program.''
0
f. In the definition of ``CAIR NOX Annual Trading Program'',
by revising the words ``Sec.  51.123 of this chapter,'' to read ``Sec.
51.123 of this chapter or established by the Administrator in
accordance with subparts AA through II of part 97 of this chapter and
Sec. Sec.  51.123(p) and 52.35 of this chapter,'';
0
g. Revising the definition of ``CAIR NOX Ozone Season
allowance'';
0
h. In the definition of ``CAIR NOX Ozone Season allowance
deduction or deduct CAIR NOX Ozone Season allowances'', by
adding, after the words ``compliance account'', the words ``, e.g.,'';
0
i. In the definition of ``CAIR NOX Ozone Season emissions
limitation'', by revising the words ``tonnage equivalent of'' to read
``tonnage equivalent, in NOX emissions in a control period,
of'' and by revising the words ``for a control period'' to read ``for
the control period'';
0
j. In the definition of ``CAIR NOX Ozone Season Trading
Program'', by revising the words ``Sec.  51.123 of this chapter,'' to
read ``Sec.  51.123 of this chapter or established by the Administrator
in accordance with subparts AAAA through IIII of part 97 of this
chapter and Sec. Sec.  51.123(ee) and 52.35 of this chapter,'';
0
k. In the definition of ``CAIR NOX source'', by revising the
words ``includes one or more CAIR NOX units'' to read ``is
subject to the CAIR NOX Annual Trading Program'';
0
l. By removing the definition of ``CAIR NOX unit'';
0
m. In the definition of ``CAIR SO2 source'', by revising the
words ``includes one or more CAIR SO2 units'' to read ``is
subject to the CAIR SO2 Trading Program'';
0
n. In the definition of ``CAIR SO2 Trading Program'', by
revising the words ``Sec.  51.124 of this chapter,'' to read ``Sec.
51.124 of this chapter or established by the Administrator in
accordance with subparts AAA through III of part 97 of this chapter and
Sec. Sec.  51.124(r) and 52.36 of this chapter,'';
0
o. By removing the definition of ``CAIR SO2 unit'';
0
p. In paragraph (2) of the definition of ``Cogeneration unit'', by
revising the words ``calendar year after which'' to read ``calendar
year after the calendar year in which'';
0
q. In the definition of ``Combustion turbine'', by revising the words
``any associated heat recovery steam generator'' to read ``any
associated duct burner, heat recovery steam generator,'';
0
r. By revising the definition of ``Commence commercial operation'';
0
s. By revising the definition of ``Commence operation'';
0
t. In the definition of ``Control period'', by revising the words ``May
1 of a calendar year and'' to read ``May 1 of a calendar year, except
as provided in Sec.  96.306(c)(2), and'';
0
u. By revising the definition of ``Maximum design heat input'';
0
v. In the definition of ``Nameplate capacity'', by revising the words
``other deratings) as specified''to read ``other deratings) as of such
installation as specified'' and by revising the words ``maximum amount
as specified'' to read ``maximum amount as of such completion as
specified'';
0
w. In the definition of ``Oil-fired'', by revising the words ``in a
specified year.'' to read ``in a specified year and not qualifying as
coal-fired.'';
0
x. In the definition of ``Receive or receipt'', by revising the words
``official correspondence log'' to read ``official log'';
0
y. In the definition of ``Useful thermal energy'', by revising in
paragraph (2) the word ``heat'' with the word ``heating''; and
0
z. By adding new definitions of ``Hg Budget Trading Program'',
``Replacement, replace, or replaced'', and ``Solid waste incineration
unit'' and revising to read as follows:

Sec.  96.302  Definitions.

* * * * *
    Allocate or allocation means, with regard to CAIR NOX
Ozone Season allowances, the determination by a permitting authority or
the Administrator of the amount of such CAIR NOX Ozone
Season allowances to be initially credited to a CAIR NOX
Ozone Season unit, a new unit set-aside, or other entity.
* * * * *
    CAIR NOX Ozone Season allowance means a limited authorization
issued by a permitting authority or the Administrator under provisions
of a State implementation plan that are approved under Sec.
51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), (dd), or (ee) of this
chapter, or under subpart EEEE of part 97 or Sec.  97.388 of this
chapter, to emit one ton of nitrogen oxides during a control period of
the specified calendar year for which the authorization is allocated or
of any calendar year thereafter under the CAIR NOX Ozone
Season Trading Program or a limited authorization issued by a
permitting authority for a control period during 2003 through 2008
under the NOX Budget Trading Program in accordance with
Sec.  51.121(p) of this chapter to emit one ton of nitrogen oxides
during a control period, provided that the provision in Sec.
51.121(b)(2)(ii)(E) of this chapter shall not be used in applying this
definition and the limited authorization shall not have been used to
meet the allowance-holding requirement under the NOX Budget
Trading Program. An authorization to emit nitrogen oxides that is not
issued under provisions of a State implementation plan approved under
Sec.  51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), (dd), or (ee) of
this chapter or subpart EEEE of part 97 or Sec.  97.388 of this chapter
or under the NOX Budget Trading Program as described in the
prior sentence shall not be a CAIR NOX Ozone Season
allowance.
* * * * *
    Commence commercial operation means, with regard to a unit:
    (1) To have begun to produce steam, gas, or other heated medium
used to generate electricity for sale or use, including test
generation, except as provided in Sec.  96.305 and Sec.  96.384(h).
    (i) For a unit that is a CAIR NOX Ozone Season unit
under Sec.  97.304 on the later of November 15, 1990 or the date the
unit commences commercial operation as defined in paragraph (1) of this
definition and that subsequently undergoes a physical change (other
than replacement of the unit by a unit at the same source), such date
shall remain the date of commencement of commercial

operation of the unit, which shall continue to be treated as the same
unit.
    (ii) For a unit that is a CAIR NOX Ozone Season unit
under Sec.  96.304 on the later of November 15, 1990 or the date the
unit commences commercial operation as defined in paragraph (1) of this
definition and that is subsequently replaced by a unit at the same
source (e.g., repowered), such date shall remain the replaced unit's
date of commencement of commercial operation, and the replacement unit
shall be treated as a separate unit with a separate date for
commencement of commercial operation as defined in paragraph (1) or (2)
of this definition as appropriate.
    (2) Notwithstanding paragraph (1) of this definition and except as
provided in Sec.  96.305, for a unit that is not a CAIR NOX
Ozone Season unit under Sec.  96.304 on the later of November 15, 1990
or the date the unit commences commercial operation as defined in
paragraph (1) of this definition, the unit's date for commencement of
commercial operation shall be the date on which the unit becomes a CAIR
NOX Ozone Season unit under Sec.  96.304.
    (i) For a unit with a date for commencement of commercial operation
as defined in paragraph (2) of this definition and that subsequently
undergoes a physical change (other than replacement of the unit by a
unit at the same source), such date shall remain the date of
commencement of commercial operation of the unit, which shall continue
to be treated as the same unit.
    (ii) For a unit with a date for commencement of commercial
operation as defined in paragraph (2) of this definition and that is
subsequently replaced by a unit at the same source (e.g., repowered),
such date shall remain the replaced unit's date of commencement of
commercial operation, and the replacement unit shall be treated as a
separate unit with a separate date for commencement of commercial
operation as defined in paragraph (1) or (2) of this definition as
appropriate.
    Commence operation means:
    (1) To have begun any mechanical, chemical, or electronic process,
including, with regard to a unit, start-up of a unit's combustion
chamber, except as provided in Sec.  96.384(h).
    (2) For a unit that undergoes a physical change (other than
replacement of the unit by a unit at the same source) after the date
the unit commences operation as defined in paragraph (1) of this
definition, such date shall remain the date of commencement of
operation of the unit, which shall continue to be treated as the same
unit.
    (3) For a unit that is replaced by a unit at the same source (e.g.,
repowered) after the date the unit commences operation as defined in
paragraph (1) of this definition, such date shall remain the replaced
unit's date of commencement of operation, and the replacement unit
shall be treated as a separate unit with a separate date for
commencement of operation as defined in paragraph (1), (2), or (3) of
this definition as appropriate, except as provided in Sec.  96.384(h).
* * * * *
    Hg Budget Trading Program means a multi-state Hg air pollution
control and emission reduction program approved and administered by the
Administrator in accordance subpart HHHH of part 60 of this chapter and
Sec.  60.24(h)(6), or established by the Administrator under section
111 of the Clean Air Act, as a means of reducing national Hg emissions.
* * * * *
    Maximum design heat input means the maximum amount of fuel per hour
(in Btu/hr) that a unit is capable of combusting on a steady state
basis as of the initial installation of the unit as specified by the
manufacturer of the unit.
* * * * *
    Replacement, replace, or replaced means, with regard to a unit, the
demolishing of a unit, or the permanent shutdown and permanent
disabling of a unit, and the construction of another unit (the
replacement unit) to be used instead of the demolished or shutdown unit
(the replaced unit).
* * * * *
    Solid waste incineration unit means a stationary, fossil-fuel-fired
boiler or stationary, fossil-fuel-fired combustion turbine that is a
``solid waste incineration unit'' as defined in section 129(g)(1) of
the Clean Air Act.
* * * * *

0
62. Section 96.303 is revised to read as follows:

Sec.  96.303  Measurements, abbreviations, and acronyms.

    Measurements, abbreviations, and acronyms used in this subpart and
subparts BBBB through IIII are defined as follows:

Btu--British thermal unit
CO2--carbon dioxide
H2O--water
Hg--mercury
hr--hour
kW--kilowatt electrical
kWh--kilowatt hour
lb--pound
mmBtu--million Btu
MWe--megawatt electrical
MWh--megawatt hour
NOX--nitrogen oxides
O2--oxygen
ppm--parts per million
scfh--standard cubic feet per hour
SO2--sulfur dioxide
yr--year

0
63. Section 96.304 is revised to read as follows:

Sec.  96.304  Applicability.

    (a) Except as provided in paragraph (b) of this section:
    (1) The following units in a State shall be CAIR NOX
Ozone Season units, and any source that includes one or more such units
shall be a CAIR NOX Ozone Season source, subject to the
requirements of this subpart and subparts BBBB through HHHH of this
part: Any stationary, fossil-fuel-fired boiler or stationary, fossil-
fuel-fired combustion turbine serving at any time, since the later of
November 15, 1990 or the start-up of the unit's combustion chamber, a
generator with nameplate capacity of more than 25 MWe producing
electricity for sale.
    (2) If a stationary boiler or stationary combustion turbine that,
under paragraph (a)(1) of this section, is not a CAIR NOX
Ozone Season unit begins to combust fossil fuel or to serve a generator
with nameplate capacity of more than 25 MWe producing electricity for
sale, the unit shall become a CAIR NOX Ozone Season unit as
provided in paragraph (a)(1) of this section on the first date on which
it both combusts fossil fuel and serves such generator.
    (b) The units in a State that meet the requirements set forth in
paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not
be CAIR NOX Ozone Season units:
    (1)(i) Any unit that is a CAIR NOX Ozone Season unit
under paragraph (a)(1) or (2) of this section:
    (A) Qualifying as a cogeneration unit during the 12-month period
starting on the date the unit first produces electricity and continuing
to qualify as a cogeneration unit; and
    (B) Not serving at any time, since the later of November 15, 1990
or the start-up of the unit's combustion chamber, a generator with
nameplate capacity of more than 25 MWe supplying in any calendar year
more than one-third of the unit's potential electric output capacity or
219,000 MWh, whichever is greater, to any utility power distribution
system for sale.
    (ii) If a unit qualifies as a cogeneration unit during the 12-month
period starting on the date the unit first produces electricity and
meets the requirements of paragraphs (b)(1)(i) of this section for

at least one calendar year, but subsequently no longer meets all such
requirements, the unit shall become a CAIR NOX Ozone Season
unit starting on the earlier of January 1 after the first calendar year
during which the unit first no longer qualifies as a cogeneration unit
or January 1 after the first calendar year during which the unit no
longer meets the requirements of paragraph (b)(1)(i)(B) of this
section.
    (2)(i) Any unit that is a CAIR NOX Ozone Season unit
under paragraph (a)(1) or (2) of this section commencing operation
before January 1, 1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
1985-1987 exceeding 80 percent (on a Btu basis) and an average annual
fuel consumption of non-fossil fuel for any 3 consecutive calendar
years after 1990 exceeding 80 percent (on a Btu basis).
    (ii) Any unit that is a CAIR NOX Ozone Season unit under
paragraph (a)(1) or (2) of this section commencing operation on or
after January 1, 1985:
    (A) Qualifying as a solid waste incineration unit; and
    (B) With an average annual fuel consumption of non-fossil fuel for
the first 3 calendar years of operation exceeding 80 percent (on a Btu
basis) and an average annual fuel consumption of non-fossil fuel for
any 3 consecutive calendar years after 1990 exceeding 80 percent (on a
Btu basis).
    (iii) If a unit qualifies as a solid waste incineration unit and
meets the requirements of paragraph (b)(2)(i) or (ii) of this section
for at least 3 consecutive calendar years, but subsequently no longer
meets all such requirements, the unit shall become a CAIR
NOX Ozone Season unit starting on the earlier of January 1
after the first calendar year during which the unit first no longer
qualifies as a solid waste incineration unit or January 1 after the
first 3 consecutive calendar years after 1990 for which the unit has an
average annual fuel consumption of fossil fuel of 20 percent or more.

Sec.  96.305  [Amended]

0
64. Section 96.305 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``CAIR NOX
Ozone Season opt-in unit'' to read ``CAIR NOX Ozone Season
opt-in unit under subpart IIII of this part'' and by revising the words
``Sec.  96.306(c)(4) through (8), Sec.  96.307, and subparts EEEE
through GGGG'' to read ``Sec.  96.306(c)(4) through (7), Sec.  96.307,
Sec.  96.308, and subparts BBBB and EEEE through GGGG'';
0
b. In paragraph (b)(3), by revising the words ``shall retain at the
source'' to read ``shall retain, at the source''; and
0
c. In paragraph (b)(7), by revising the words ``commences operation and
commercial operation'' to read ``commences commercial operation''.

Sec.  96.306  [Amended]

0
65. Section 96.306 is amended as follows:
0
a. In paragraph (a)(1)(i), by revising the words ``in Sec.  96.321(a)
and (b)'' to read ``in Sec.  96.321'';
0
b. In paragraph (c)(2), by revising the words ``under paragraph (c)(1)
of this section'' with ``under paragraph (c)(1) of this section for the
control period'' and by revising the words ``under Sec.  96.370(b)(1),
(2), (3), or (7)'' to read ``under Sec.  96.370(b)(1), (2), (3), or (7)
and for each control period thereafter'';
0
c. In paragraph (c)(4), by revising the words ``subpart EEEE'' to read
``subparts FFFF, GGGG, and IIII'';
0
d. In paragraph (c)(7), by revising the words ``from a CAIR
NOX Ozone Season unit's compliance account'' to read ``from
a CAIR NOX Ozone Season source's compliance account'', and
by removing the words ``that includes the CAIR NOX Ozone
Season unit''; and
0
e. In paragraph (d)(1), by removing the paragraph designation ``(1)''
and by redesignating paragraph (i) as paragraph (d)(1); and
0
f. By removing paragraph (d)(2) and by redesignating paragraph (ii) as
paragraph (d)(2).

Sec.  96.311  [Amended]

0
66. In paragraph (c), by revising the words ``96.351 and 96.382'' to
read ``96.315, 96.351, and 96.382''.

Sec.  96.312  [Amended]

0
67. Section 96.312 is amended, in paragraph (c)(1), by revising the
words ``a new owner'' to read ``an owner'', by revising the words
``such new owner'' to read ``such owner'', and by revising the words
``the new owner'' to read ``the owner''.

Sec.  96.313  Amended]

0
68. Section 96.313 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``is submitted'' to read
``is submitted, including identification and nameplate capacity of each
generator served by each such unit''; and
0
b. In paragraph (a)(4)(iv), by revising the words ``where a customer''
to read ``where a utility or industrial customer''.

0
69. A new section 96.315 is added to read as follows:

Sec.  96.315  Delegation by CAIR designated representative and
alternate CAIR designated representative.

    (a) A CAIR designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this part.
    (b) An alternate CAIR designated representative may delegate, to
one or more natural persons, his or her authority to make an electronic
submission to the Administrator provided for or required under this
part.
    (c) In order to delegate authority to make an electronic submission
to the Administrator in accordance with paragraph (a) or (b) of this
section, the CAIR designated representative or alternate CAIR
designated representative, as appropriate, must submit to the
Administrator a notice of delegation, in a format prescribed by the
Administrator, that includes the following elements:
    (1) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR designated
representative or alternate CAIR designated representative;
    (2) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such CAIR designated
representative or alternate CAIR designated representative:
    (i) ``I agree that any electronic submission to the Administrator
that is by an agent identified in this notice of delegation and of a
type listed for such agent in this notice of delegation and that is
made when I am a CAIR designated representative or alternate CAIR
designated representative, as appropriate, and before this notice of
delegation is superseded by another notice of delegation under 40 CFR
96.315(d) shall be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 96.315(d), I agree to maintain an e-
mail account and to notify the Administrator immediately of any change
in my e-mail address unless all delegation of authority by me under 40
CFR 96.315 is terminated.''.
    (d) A notice of delegation submitted under paragraph (c) of this
section shall

be effective, with regard to the CAIR designated representative or
alternate CAIR designated representative identified in such notice,
upon receipt of such notice by the Administrator and until receipt by
the Administrator of a superseding notice of delegation submitted by
such CAIR designated representative or alternate CAIR designated
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the CAIR designated
representative or alternate CAIR designated representative submitting
such notice of delegation.

Sec.  96.320  [Amended]

0
70. Section 96.320 is amended, in paragraph (a), by revising the words
``otherwise by this subpart and'' to read ``otherwise by Sec.  96.305,
this subpart, and''.

Sec.  96.321  [Amended]

0
71. Section 96.321 is amended as follows:
0
a. In paragraph (a), by revising the words ``commences operation'' to
read ``commences commercial operation, except as provided in Sec.
96.383(a)''; and
0
b. In paragraph (b), by revising the words to read ``permit renewal'',
to read ``permit renewal, except as provided in Sec.  96.383(b)''.

Sec.  96.341  [Amended]

0
72. Section 96.341 is amended as follows:
0
a. In paragraph (b)(1), removing the paragraph designation ``(1)'';
0
b. By removing paragraph (b)(2);
0
c. In paragraph (c)(1), removing the paragraph designation ((1)(; and
0
d.. By removing paragraph (c)(2).

0
73. Section 96.342 is amended as follows:
0
a. In paragraph (a)(2)(i), by revising the words ``during a calendar
year'' to read ``during a control period in a calendar year'';
0
b. In paragraph (a)(2)(ii)(C), by revising the words ``3,414 Btu/kWh''
to read ``3,413 Btu/kWh'';
0
c. By revising paragraph (c) introductory text;
0
d. In paragraph (c)(1), by revising the words ``2009 through 2013'' to
read ``2009 through 2014'' and revise the words ``in 2014'' to read
``in 2015'';
0
e. In paragraph (c)(2), by revising the words ``The CAIR NOX
Ozone Season allowance allocation request must be submitted on or
before April 1 of the first control period for which CAIR
NOX Ozone Season allowances are requested'' to read ``A
separate CAIR NOX Ozone Season allowance allocation request
for each control period for which CAIR NOX allowances are
sought must be submitted on or before February 1 of such control
period''; and
0
f. In paragraph (c)(4)(ii), by revising the words ``On or after April
1'' to read ``On or after February 1'' and revising to read as follows:

Sec.  96.342  CAIR NOX Ozone Season allowance allocations.

* * * * *
    (c) For each control period in 2009 and thereafter, the permitting
authority will allocate CAIR NOX Ozone Season allowances to
CAIR NOX Ozone Season units in a State that are not
allocated CAIR NOX Ozone Season allowances under paragraph
(b) of this section because the units do not yet have a baseline heat
input under paragraph (a) of this section or because the units have a
baseline heat input but all CAIR NOX Ozone Season allowances
available under paragraph (b) of this section for the control period
are already allocated, in accordance with the following procedures:
* * * * *

0
74. Section 96.351 is amended as follows:
0
a. In paragraph (b)(2) introductory text, by revising the word
``representative'' to read ``representative or alternate CAIR
authorized account representative'';
0
b. In paragraph (b)(3)(iii)(A), by revising the words ``a new person''
to read ``a person'', by revising the words ``such new person'' to read
``such person'', and by revising the words ``the new person'' to read
``the person'';
0
c. In paragraph (b)(3)(iii)(B), by revising the words ``addition of
persons'' to read ``addition of a new person'';
0
d. In paragraph (b)(4) introductory text, by revising the word
``representative'' to read ``representative or alternate CAIR
authorized account representative'';
0
e. In paragraphs (b)(4)(ii) and (iii), by revising the words
``alternative CAIR'' to read ``alternate CAIR'' whenever they appear;
and
0
f. By adding a new paragraph (b)(5) to read as follows:

Sec.  96.351  Establishment of accounts.

* * * * *
    (b) * * *
    (5) Delegation by CAIR authorized account representative and
alternate CAIR authorized account representative. (i) A CAIR authorized
account representative may delegate, to one or more natural persons,
his or her authority to make an electronic submission to the
Administrator provided for or required under subparts FFFF and GGGG of
this part.
    (ii) An alternate CAIR authorized account representative may
delegate, to one or more natural persons, his or her authority to make
an electronic submission to the Administrator provided for or required
under subparts FFFF and GGGG of this part.
    (iii) In order to delegate authority to make an electronic
submission to the Administrator in accordance with paragraph (b)(5)(i)
or (ii) of this section, the CAIR authorized account representative or
alternate CAIR authorized account representative, as appropriate, must
submit to the Administrator a notice of delegation, in a format
prescribed by the Administrator, that includes the following elements:
    (A) The name, address, e-mail address, telephone number, and
facsimile transmission number (if any) of such CAIR authorized account
representative or alternate CAIR authorized account representative;
    (B) The name, address, e-mail address, telephone number, and,
facsimile transmission number (if any) of each such natural person
(referred to as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (b)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``I agree that any electronic submission to the
Administrator that is by an agent identified in this notice of
delegation and of a type listed for such agent in this notice of
delegation and that is made when I am a CAIR authorized account
representative or alternate CAIR authorized representative, as
appropriate, and before this notice of delegation is superseded by
another notice of delegation under 40 CFR 96.351(b)(5)(iv) shall be
deemed to be an electronic submission by me.''; and
    (E) The following certification statement by such CAIR authorized
account representative or alternate CAIR authorized account
representative: ``Until this notice of delegation is superseded by
another notice of delegation under 40 CFR

96.351(b)(5)(iv), I agree to maintain an e-mail account and to notify
the Administrator immediately of any change in my e-mail address unless
all delegation of authority by me under 40 CFR 96.351(b)(5) is
terminated.''.
    (iv) A notice of delegation submitted under paragraph (b)(5)(iii)
of this section shall be effective, with regard to the CAIR authorized
account representative or alternate CAIR authorized account
representative identified in such notice, upon receipt of such notice
by the Administrator and until receipt by the Administrator of a
superseding notice of delegation submitted by such CAIR authorized
account representative or alternate CAIR authorized account
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (b)(5)(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (b)(5)(iv) of this
section shall be deemed to be an electronic submission by the CAIR
designated representative or alternate CAIR designated representative
submitting such notice of delegation.
* * * * *

0
75. Section 96.353 is amended as follows:
0
a. In paragraph (a), by revising the words ``By December 1, 2006,'' to
read ``By September 30, 2007,'' and revising the words ``at a source''
to read ``at the source'';
0
b. In paragraphs (b) and (d), by removing the words ``or as determined
by the Administrator''; and
0
c. By revising paragraph (c) to read as follows:

Sec.  96.353  Recordation of CAIR NOX Ozone Season allowance
allocations.

* * * * *
    (c) By December 1, 2010 and December 1 of each year thereafter, the
Administrator will record in the CAIR NOX Ozone Season
source's compliance account the CAIR NOX Ozone Season
allowances allocated for the CAIR NOX Ozone Season units at
the source, as submitted by the permitting authority in accordance with
Sec.  96.341(b), for the control period in the sixth year after the
year of the applicable deadline for recordation under this paragraph.
* * * * *

Sec.  96.354  [Amended]

0
76. Section 96.354 is amended as follows:
0
a. In paragraph (a)(1), by revising the words ``prior year;'' to read
``prior year; and'';
0
b. In paragraph (a)(2), revising the words ``Sec.  96.360 by the
allowance transfer deadline for the control period; and'' to read
``Sec. Sec.  96.360 and 96.361 by the allowance transfer deadline for
the control period.'';
0
c. Removing paragraph (a)(3);
0
d. In paragraph (c)(2)(ii), by revising the words ``to any unit ''to
read ``to any entity'';
0
e. In paragraph (e), by revising the words ``under paragraph (b) or (d)
of this section'' to read ``under paragraphs (b) and (d) of this
section and subpart IIII''; and
0
f. In paragraph (f)(2), by revising the words ``of this section'' to
read ``of this section, and record such deductions and transfers''.

Sec.  96.355  [Amended]

0
77. Section 96.355 is amended, in paragraph (b), by revising the words
``Sec.  96.356, or subpart GGGG'' to read ``Sec.  96.356, or subpart
GGGG or IIII''.

Sec.  96.357  [Amended]

0
78. Section 96.357 is amended, in paragraphs (a) and (b), by revising
the words ``Sec.  96.360'' to read ``Sec. Sec.  96.360 and 96.361''.
0
79. Section 96.370 is amended as follows:
0
a. In paragraph (b) introductory text, by revising the words ``The
owner'' to read ``Except as provided in paragraph (e) of this section,
the owner'';
0
b. In paragraph (b)(2)(ii), by removing the words ``, if the compliance
date under paragraph (b)(2)(i) is before May 1, 2008'';
0
c. In paragraph (b)(3) introductory text, by revising the words
``commences operation'' to read ``commences commercial operation'';
0
d. In paragraph (b)(7), by revising the words ``paragraphs (b)(1), (2),
and (3) of this section and solely for purposes of Sec.  96.206(c)(2),
for the owner'' to read ``paragraphs (b)(1), (2), and (3) of this
section, for the owner'' and by revising the words ``CAIR
NOX Ozone Season opt-in unit'' to read ``CAIR NOX
Ozone Season opt-in unit under subpart IIII of this part'';
0
e. In paragraph (c)(1), by removing the paragraph designation ``(1)''
and by revising the words ``Except as provided in paragraph (c)(2) of
this section, the owner'' to read ``The owner'';
0
f. By removing paragraph (c)(2);
0
g. In paragraph (d)(3), by revising the words ``the atmosphere'' to
read ``the atmosphere or heat input''; and
0
h. By adding a new paragraph (e) to read as follows:

Sec.  96.370  General Requirements.

* * * * *
    (e) Long-term cold storage. The owner or operator of a CAIR
NOX Ozone Season unit is subject to the applicable
provisions of part 75 of this chapter concerning units in long-term
cold storage.

Sec.  96.371   [Amended]

0
80. Section 96.371 is amended, in paragraph (c), by revising the words
``Sec.  75.12, Sec.  75.17, or subpart H of part 75'' to read ``Sec.
75.12 or Sec.  75.17''.

 Sec.  96.373  [Amended]

0
81. Section 96.373 is amended by removing the words ``, except that if
the unit is not subject to an Acid Rain emissions limitation, the
notification is only required to be sent to the permitting authority''.

0
82. Section 96.374 is amended as follows:
0
a. In paragraph (d)(1)(i), by revising the words ``2008; or'' to read
``2008;'';
0
b. In paragraph (d)(1)(ii), by revising the words ``2008.'' to read
``2008;'' and by revising the words ``fourth quarter of 2007'' to read
``fourth quarter of 2007 or the first quarter of 2008'';
0
c. In paragraph (d)(2)(ii)(B), by revising the words ``such date.'' to
read ``such date;''; and
0
d. By adding new paragraphs (d)(1)(iii) and (iv) and (d)(2)(ii)(C) and
(D);
0
e. By renumbering the second paragraph (d)(2) and the second paragraph
(d)(3) as paragraphs (d)(3) and (d)(4) respectively and, in paragraph
(d)(4), by revising the words ``or CAIR SO2 Trading
Program,'' to read ``, CAIR SO2 Trading Program, or Hg
Budget Trading Program,'' and by revising the words ``subparts F
through H'' to read ``subparts F through I'' and revising to read as
follows:

 Sec.  96.374  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this
section, for a unit for which a CAIR opt-in permit application is
submitted and not withdrawn and a CAIR opt-in permit is not yet issued
or denied under subpart IIII of this part, the calendar quarter
corresponding to the date specified in Sec.  96.384(b); and
    (iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section,
for a CAIR NOX Ozone Season opt-in unit under subpart IIII
of this part, the calendar quarter corresponding to the date on which
the CAIR NOX Ozone Season opt-in unit enters the CAIR
NOX

Ozone Season Trading Program as provided in Sec.  96.384(g).
    (2) * * *
    (ii) * * *
    (C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this
section, for a unit for which a CAIR opt-in permit application is
submitted and not withdrawn and a CAIR opt-in permit is not yet issued
or denied under subpart IIII of this part, the calendar quarter
corresponding to the date specified in Sec.  96.384(b); and
    (D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this
section, for a CAIR NOX Ozone Season opt-in unit under
subpart IIII of this part, the calendar quarter corresponding to the
date on which the CAIR NOX Ozone Season opt-in unit enters
the CAIR NOX Ozone Season Trading Program as provided in
Sec.  96.384(g).
* * * * *

 Sec.  96.376   [Removed]

0
83. Section 96.376 is removed.

0
84. Section 96.383 is amended as follows:

0
a. By revising paragraph (a)(5); and
0
b. In paragraph (b)(2), by revising the words ``CAIR opt-in unit'' to
read ``CAIR NOX Ozone Season opt-in unit'', by revising the
words ``Annual Trading Program'' to read ``Ozone Season Trading
Program'', by revising the words ``CAIR NOX unit'' to read
``CAIR NOX Ozone Season unit'', and by revising the words
``CAIR NOX opt-in unit'' to read ``CAIR NOX Ozone
Season opt-in unit'' whenever they appear and revising to read as
follows:

Sec.  96.383   Applying for CAIR opt-in permit.

    (a) * * *
    (5) A statement, in a format specified by the permitting authority,
whether the CAIR designated representative requests that the unit be
allocated CAIR NOX Ozone Season allowances under Sec.
96.388(b) or Sec.  96.388(c) (subject to the conditions in Sec. Sec.
96.384(h) and 96.386(g)). If allocation under Sec.  96.388(c) is
requested, this statement shall include a statement that the owners and
operators of the unit intend to repower the unit before January 1, 2015
and that they will provide, upon request, documentation demonstrating
such intent.
* * * * *

Sec.  96.384  [Amended]

0
85. Section 96.384 is amended as follows:
0
a. In paragraph (b), by revising the words ``heat input of the unit
emissions rate and the heat input of the unit'' to read ``heat input of
the unit'';
0