that, starting with the 2024 control period, any incorrectly allocated
allowances recovered after May 1 of the year following the control
period would not be reallocated to other units in the state but instead
would be transferred to a surrender account.
---------------------------------------------------------------------------

    \345\ An additional provision currently in Sec.  97.1011(a)(1),
which clarifies that an allocation or lack of allocation to a unit
in a NODA does not constitute a determination by the EPA that the
unit is or is not a CSAPR NOX Ozone Season Group 3 unit,
would be relocated to Sec.  97.1011(a)(3). The current Sec.
97.1011(a)(2), which provides for certain existing units that cease
operations to receive allocations for their first five control
periods of non-operation and provides for the allowances for
subsequent control periods to be allocated to the relevant state's
new unit set-asides, is inconsistent with the proposed revisions to
the set-asides and the default allowance allocation process, as
discussed in Section VII.B.9 of this proposed rule, and would be
removed as obsolete.
---------------------------------------------------------------------------

    The proposed revisions to Sec.  97.1012 would retain the section's
current focus on allocations to ``new'' units, generally combining the
current provisions at Sec.  97.1012 with the current provisions at
Sec.  97.1011(b) and (c) that address new units. The text of multiple
paragraphs in both Sec.  97.1012(a) and (b) would be revised as needed
to reflect the change in treatment of Indian country discussed in
Section VII.B.9.a of this proposed rule, under which the new unit set-
asides would be used to provide allowance allocations to new units both
in non-Indian country and Indian country within the borders of the
respective states for control periods starting in 2023.\346\ The timing
and notice provisions in proposed Sec.  97.1012(a)(13) and (b)(13) are
relocated from current Sec.  97.1011(b)(1) and (2). The text of Sec.
97.1012(c), addressing incorrect allocations to new units, is largely
relocated from Sec.  97.1011(c) (which addresses incorrect allocations
to existing units) and reflects a parallel proposed revision addressing
the disposition of recovered allowances, as discussed in Section
VII.B.9.d of this proposed rule.
---------------------------------------------------------------------------

    \346\ Revisions are also proposed to the text of Sec.
97.1012(a) and (b) for the control periods in 2021 and 2022
consistent with the proposed revisions to the parallel provisions in
the regulations for the other CSAPR trading programs, generally
calling for allocations to units in areas of Indian country subject
to a state's CAA implementation planning authority to be made from
the new unit set-asides instead of from the Indian country new unit
set-asides.
---------------------------------------------------------------------------

    The proposed amendments to Sec.  97.1021 would implement three
distinct sets of changes discussed in Sections VII.B.9 and VII.D.1 of
this proposed rule. First, revisions to Sec.  97.1021(b) through (e)
would replace the previous schedule for recording Group 3 allowances
for the 2023 and 2024 control periods established in the Revised CSAPR
Update with an updated recordation schedule tailored to the expected
timing for issuance of a final rule in this rulemaking. The updated
schedule would also reflect elimination of the unused former option for
states to provide state-determined allowance allocations for the 2022
control period and the proposed establishment of a substantively
equivalent new option for states to provide state-determined allowance
allocations for the 2024 control period. Second, revisions to Sec.
97.1021(f) would change the schedule for recording allocations to
existing units for future control periods from July 1 of the year three
years before the control period to July 1 of the year before the
control period. Finally, revisions to Sec.  97.1021(g) through (j)
would end recordation for Indian country new unit set-asides after
allocations for the 2022 control period, begin recordation for Indian
country existing unit set-asides starting with allocations for the 2023
control period, and modify the text to eliminate references to state-
determined allocations of allowances from new unit set-asides.
    Implementation of the proposed revisions to the Group 3 trading
program would also be accomplished in part through amendments to
regulations in other CFR parts. In 40 CFR part 75, which contains
detailed monitoring, recordkeeping, and reporting requirements
applicable to sources covered by the Group 3 trading program, the
additional recordkeeping and reporting requirements discussed in
Section VII.B.10.b of this proposed rule would be implemented through
the addition of Sec. Sec.  75.72(f) and 75.73(f)(1)(ix) and (x) and
revisions to Sec.  75.75, and the procedures for calculating daily
total heat input and daily total NOX emissions and for
apportioning NOX mass emissions monitored at a common stack
among the individual units using the common stack would be added at
sections 5.3.3, 8.4(c), and 8.5.3 of appendix F to part 75. In 40 CFR
part 78, which contains the administrative appeal procedures applicable
to decisions of the EPA Administrator under the Group 3 trading
program, Sec.  78.1(b)(19) would be amended to list additional
decisions made as part of the trading program enhancements that would
be appealable under those procedures.

C. Transitional Provisions

    As discussed in Section VII.D.11 of this proposed rule, the EPA is
proposing several transitional provisions for sources entering the
Group 3 trading program. The provisions discussed in Section VII.D.11.a
of this proposed rule, concerning the prorating of state emissions
budgets, assurance levels, and unit-level allocations for the 2023
control period, would be implemented through the Group 3 trading
program regulations. Specifically, the state emissions budgets for the
2023 control period would be prorated according to procedures set out
at Sec.  97.1010(a)(1)(ii). Variability limits for the 2023 control
period, and the resulting assurance levels, would be computed under
Sec.  97.1010(e) from the prorated state emissions budgets. Unit-level

allocations to existing units for the 2023 control period would be
computed from the prorated state emissions budgets according to
procedures substantively the same as the procedures codified in Sec.
97.1011(b) for calculating default allocations to existing units for
later control periods, as discussed in Section VII.B.9.b of this
proposed rule, and would be announced in the notice of data
availability issued under Sec.  97.1011(a)(1) and (2) for the 2023 and
2024 control periods.
    The remaining transitional provisions would be implemented through
the Group 2 trading program regulations. The creation of an additional
Group 3 allowance bank for the 2023 control period through the
conversion of banked 2017-2022 Group 2 allowances as discussed in
Section VII.B.11.b of this document would be implemented at Sec.
97.826(e).\347\ Related provisions addressing the use of Group 3
allowances to satisfy after-arising compliance obligations under the
Group 2 trading program or the Group 1 trading program would be
implemented at Sec. Sec.  97.826(f)(2) and 97.526(e)(3), respectively,
and related provisions addressing recordation of late-arising
allocations of Group 1 allowances would be implemented at Sec.
97.526(d)(2)(iii). The recall of Group 2 allowances previously issued
for the 2023 and 2024 control periods as discussed in Section
VII.B.11.c of this document would be implemented at Sec.  97.811(e).
---------------------------------------------------------------------------

    \347\ The current provisions at Sec.  97.826(e) would be
relocated to Sec.  97.826(f)(1) and (3).
---------------------------------------------------------------------------

    Decisions of the Administrator related to the allowance bank
creation provisions and the allowance recall provisions would be
identified as appealable decisions under 40 CFR part 78 through
revisions to Sec.  78.1(b)(17)(viii) and (ix).

D. Clarifications and Conforming Revisions

    As discussed in Section VII.B.12 of this proposed rule, the EPA is
proposing to make revisions to the provisions regarding allowance
allocations for units in Indian country in all the CSAPR trading
programs so that instead of distinguishing among units based on whether
they are or are not located in Indian country, the revised provisions
would distinguish among units based on whether they are or are not
covered by a state's CAA implementation planning authority. The
proposed revisions would be implemented in multiple paragraphs of
Sec. Sec.  97.411(b), 97.412, 97.511(b), 97.512, 97.611(b), 97.612,
97.711(b), 97.712, 97.811(b), and 97.812. The associated revisions to
states' options regarding SIP revisions to establish state-determined
allowance allocations for units covered by their CAA implementation
planning authority would be implemented in multiple paragraphs of
Sec. Sec.  52.38(a) and (b) and 52.39 as well as the state-specific
subparts of 40 CFR part 52.
    As also discussed in Section VII.B.12 of this proposed rule, the
EPA is proposing to revise the recordation schedule for allowance
allocations to existing units under all the CSAPR trading programs, as
well as the Texas SO2 Trading Program, so that starting with
the 2025 control period the allocation deadline would generally be July
1 of the year before the control period instead of July 1 of the year 3
years before the control period. The revisions would be implemented at
Sec. Sec.  97.421(f)(2), 97.521(f)(2), 97.621(f)(2), 97.721(f)(2),
97.821(f), and 97.921(b)(2).
    Certain other revisions to the regulatory text in the FIP and
trading program regulations are proposed as non-substantive
clarifications. First, in the Group 2 trading program regulations, the
paragraphs in Sec.  97.810 setting forth the amounts of state emissions
budgets, new unit set-asides, Indian country new unit set-asides, and
variability limits for states that the EPA is proposing to transition
out of the Group 2 trading program would be modified to indicate that
the amounts are applicable under that program only for control periods
through 2022.
    Second, as noted in Section VII.F.1 of this proposed rule, the
existing option for states subject to the NOX SIP Call to
expand applicability of the Group 2 trading program to include certain
large non-EGU boilers and combustion turbines would become obsolete if
this rule is finalized as proposed because no NOX SIP Call
states would continue to be covered by the Group 2 trading program. The
proposed elimination of the obsolete option would be implemented in
part through revisions to Sec.  52.38(b)(8) (multiple paragraphs),
(b)(9) (multiple paragraphs), (b)(13)(ii), (b)(14)(i)(F), and
(b)(16)(i)(B), and in part through revisions to the Group 2 trading
program regulations at Sec. Sec.  97.806(c)(2) and (3), 97.825, and
97.802 (removal of the definitions of ``base CSAPR NOX Ozone
Season Group 2 source'' and ``base CSAPR NOX Ozone Season
Group 2 unit'' and modification of the definitions of ``assurance
account'', ``common designated representative'', common designated
representative's assurance level'', and ``common designated
representative's share'').
    Third, to clarify the regulatory text, the EPA is proposing to
remove the language in the Group 3 trading program regulations
finalized in the Revised CSAPR Update relating to the ``supplemental
allowances'' issued for the 2021 control period in current Sec. Sec.
97.1002 (definition of ``common designated representative's assurance
level''), 97.1006(c)(2)(iii), 97.1010(d), and 97.1011(a)(1). In place
of the removed language, the EPA proposes to restate the amounts of the
state emissions budgets for the 2021 control period in Sec.
97.1010(a)(1)(i) so as to include the amounts of the supplemental
allowances in the restated budget amounts. The revised language would
be substantively equivalent to and simpler than the current language.
    Fourth, in 40 CFR part 75, the EPA proposes to remove obsolete text
in Sec.  75.73(c) and (f) to clarify the context for other text that
would be added to the section, as discussed in Section X.B.
    Finally, the EPA proposes to update cross-references throughout 40
CFR parts 52 and 97 for consistency with the other amendments proposed
in this rulemaking.

XI. Statutory and Executive Orders Reviews

    Additional information about these statutes and Executive Orders
(``E.O.'') can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This proposed rule is an economically significant regulatory action
that was submitted to the Office of Management and Budget (OMB) for
review. This proposed rule is in response to a court-ordered legal
mandate and proposes to implement EGU and novel non-EGU NOX
ozone season emissions reductions as part of the overall strategy for
addressing interstate transport of ozone pollution for the 2015 ozone
NAAQS. Any changes made in response to OMB recommendations have been
documented in the docket. The EPA prepared an analysis of the potential
costs and benefits associated with this proposed rule. This analysis,
which is contained in the ``Regulatory Impact Analysis for the Proposed
Federal Implementation Plan Addressing Regional Ozone Transport for the
2015 Ozone National Ambient Air Quality Standard'' [EPA-452/R-15-009],
is available in the docket and is briefly summarized in Section IX of
this proposed rule.

B. Paperwork Reduction Act (PRA)

1. Information Collection Request for Electric Generating Units
    The information collection activities in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA. The Information Collection Request (ICR) document
that the EPA prepared has been assigned EPA ICR number 2709.01. EPA has
placed a copy of the ICR in the docket for this rule, and it is briefly
summarized here.
    EPA is proposing an information collection request (ICR), related
specifically to electric generating units (EGU), for the proposed
Federal Implementation Plan Addressing Regional Ozone Transport for the
2015 Primary Ozone National Ambient Air Quality Standard. The proposed
rule would amend the Cross-State Air Pollution Rule (CSAPR)
NOX Ozone Season Group 3 trading program addressing seasonal
NOX emissions in various states. Under the proposed
amendments, all EGU sources in the original twelve Group 3 states
(Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New
Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia)
would remain. Additionally, EGU sources in eight states (Alabama,
Arkansas, Mississippi, Missouri, Oklahoma, Tennessee, Texas, and
Wisconsin) currently covered by the CSAPR NOX Ozone Season
Group 2 Trading Program would transition from the Group 2 program to
the revised Group 3 trading program beginning with the 2023 ozone
season. Further, sources in five states not currently covered by any
CSAPR NOX ozone season trading program would join the
revised Group 3 trading program: Delaware, Minnesota, Nevada, Utah, and
Wyoming. In total, EGU sources in 25 states would now be covered by the
Group 3 program.
    There is an existing ICR (OMB Control Number 2060-0667), that
includes information collection requirements placed on EGU sources for
the six Cross-State Air Pollution Rule (CSAPR) trading programs
addressing sulfur dioxide (SO2) emissions, annual nitrogen
oxides (NOX) emissions, or seasonal NOX emissions
in various sets of states, and the Texas SO2 trading program
which is modeled after CSAPR. This ICR accounts for the additional
respondent burden related to the amendments to the CSAPR NOX
Ozone Group 3 trading program.
    The principal information collection requirements under the CSAPR
and Texas trading programs relate to the monitoring and reporting of
emissions and associated data in accordance with 40 CFR part 75. Other
information collection requirements under the programs concern the
submittal of information necessary to allocate and transfer emission
allowances and the submittal of certificates of representation and
other typically one-time registration forms.
    Affected sources under the CSAPR and Texas trading programs are
generally stationary, fossil fuel-fired boilers and combustion turbines
serving generators larger than 25 megawatts (MW) producing electricity
for sale. Most of these affected sources are also subject to the Acid
Rain Program (ARP). The information collection requirements under the
CSAPR and Texas trading programs and the ARP substantially overlap and
are fully integrated. The burden and costs of overlapping requirements
are accounted for in the ARP ICR (OMB Control Number 2060-0258). Thus,
this ICR accounts for information collection burden and costs under the
CSAPR NOX Ozone Season Group 3 trading program that are
incremental to the burden and costs already accounted for in both the
ARP and CSAPR ICRs.
    For most sources already reporting data under the CSAPR
NOX Ozone Season Group 3 or CSAPR NOX Ozone Group
2 trading programs, there would be no incremental burden or cost, as
reporting requirements will remain identical. Certain sources with a
common stack configuration and/or those that are large, coal-fired
EGUs, will be subject to additional emission reporting requirements
under the proposed rule. These sources will need to make a one-time
monitoring plan and Data Acquisition and Handling System (DAHS) update
to meet the additional reporting requirements. Remaining for assessment
of incremental cost and burden are only those sources in the five
states not currently reporting data under a CSAPR NOX Ozone
Season program. Sources in Minnesota are already reporting data for the
CSAPR NOX Annual program with almost identical information
collection requirements, requiring only a one-time monitoring plan and
DAHS update. Most of the affected sources in Delaware, Nevada, Utah,
and Wyoming are already reporting data as part of the Acid Rain
Program, thus only requiring a monitoring plan and DAHS update as well.
Four additional EGUs in Delaware already report data under SIP
requirements adopted to meet the NOX SIP Call and would face
identical information requirements under this proposed rule. For the
units that already report to EPA under the Acid Rain Program or the
NOX SIP Call, with the exception of any one-time costs to
update monitoring plans and DAHS, all information collection costs and
burden are already reflected in the previously approved ICRs for those
other rules (OMB Control Nos. 2060-0258 and 2060-0445).
    In total, there are an estimated 16 units in Delaware, Nevada,
Utah, and Wyoming that do not already report data to EPA according to
40 CFR part 75 and that would need to implement one of the Part 75
monitoring methodologies including certification of monitoring systems
or implementation of the low mass emissions methodology. These units
would also require monitoring plan and DAHS updates. Of these sixteen
units, two units would be expected to adopt low mass emissions (LME) as
the monitoring method, thirteen would be expected to adopt Appendix D
monitoring methods, and one would be expected to adopt CEMS monitoring
methods.
    Respondents/affected entities: Industry respondents are stationary,
fossil fuel-fired boilers and combustion turbines serving electricity
generators subject to the CSAPR and Texas trading programs, as well as
non-source entities voluntarily participating in allowance trading
activities. Potential state respondents are states that can elect to
submit state-determined allowance allocations for sources located in
their states.
    Respondent's obligation to respond: Industry respondents: Voluntary
and mandatory (Sections 110(a) and 301(a) of the Clean Air Act).
    Estimated number of respondents: EPA estimates that there would be
188 industry respondents.
    Frequency of response: On occasion, quarterly, and annually.
    Total estimated additional burden: 1,834 hours (per year). Burden
is defined at 5 CFR 1320.03(b).
    Total estimated additional cost: $396,520 (per year); includes
$210,571 annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. You may also send your ICR-related comments
to

OMB's Office of Information and Regulatory Affairs via email to
[email protected], Attention: Desk Officer for the EPA. Since
OMB is required to make a decision concerning the ICR between 30 and 60
days after receipt, OMB must receive comments no later than May 6,
2022. The EPA will respond to any ICR-related comments in the final
rule.
2. Information Collection Request for Non-Electric Generating Units
    The information collection activities in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA. The Information Collection Request (ICR) document
that the EPA prepared has been assigned EPA ICR number 2705.01. The EPA
has filed a copy of the non-EGU ICR in the docket for this rule, and it
is briefly summarized here.
    ICR No. 2705.01 is a new request and it addresses the burden
associated with new regulatory requirements under the proposed rule.
Owners and operators of certain non-Electric Generating Unit (non-EGU)
industry stationary sources will potentially modify or install new
emission controls and associated monitoring systems to meet the
nitrogen oxides (NOX) emission limits of this proposed rule.
The burden in this ICR reflects the new monitoring, calibrating,
recordkeeping, reporting and testing activities required by industry
and the administrative review conducted by the states of the associated
industry activities. This information is being collected to assure
compliance with the proposed rule. In accordance with the Clean Air Act
Amendments of 1990, any monitoring information to be submitted by
sources is a matter of public record. Information received and
identified by owners or operators as confidential business information
(CBI) and approved as CBI by EPA, in accordance with Title 40, Chapter
1, Part 2, Subpart B, shall be maintained appropriately (see 40 CFR 2;
41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8,
1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
    Respondents/affected entities: The respondents/affected entities
are the owners/operators of certain non-EGU industry sources in the
following industry sectors: Furnaces in Glass and Glass Product
Manufacturing; boilers and furnaces in Iron and Steel Mills and
Ferroalloy Manufacturing; kilns in Cement and Cement Product
Manufacturing; reciprocating internal combustion engines in Pipeline
Transportation of Natural Gas; and high-emitting equipment and large
boilers in Basic Chemical Manufacturing, Petroleum and Coal Products
Manufacturing, and Pulp, Paper, and Paperboard Mill.
    Respondent's obligation to respond: Voluntary and mandatory.
(Sections 110(a) and 301(a) of the Clean Air Act). All data that is
recorded or reported by respondents is required by the proposed rule,
titled ``Federal Implementation Plan Addressing Regional Ozone
Transport for the 2015 Primary Ozone National Ambient Air Quality
Standard: Transport Obligations for non-Electric Generating Units''.
    Estimated number of respondents: 489.
    Frequency of response: The specific frequency for each information
collection activity within the non-EGU ICR is shown at the end of the
ICR document in the Tables 1-11. In general, the frequency varies
across the monitoring, recordkeeping, and reporting activities. Some
recordkeeping such as work plan preparation is a one-time activity
whereas engine maintenance recordkeeping is conducted quarterly.
Reporting frequency is on a quarterly and semi-annual basis.
    Total estimated burden: 51,654 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $11,450,000 (average per year); includes
$5,467,000 annualized capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information from
the EGU ICR and non-EGU ICR, the accuracy of the provided burden
estimates and any suggested methods for minimizing respondent burden to
the EPA using the docket identified at the beginning of this rule. You
may also send your ICR-related comments to OMB's Office of Information
and Regulatory Affairs via email to [email protected],
Attention: Desk Officer for the EPA. Since OMB is required to make a
decision concerning the ICR between 30 and 60 days after receipt, OMB
must receive comments no later than May 6, 2022. The EPA will respond
to any ICR-related comments in the final rule.

C. Regulatory Flexibility Act (RFA)

    The EPA certifies that this proposed action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (RFA). The Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory
Enforcement Fairness Act (Pub. L. 104-121), provides that whenever an
agency is required to publish a general notice of proposed rulemaking,
it must prepare and make available an initial regulatory flexibility
analysis, unless it certifies that the proposed rule, if promulgated,
will not have a significant economic impact on a substantial number of
small entities (5 U.S.C. 605(b)). Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    In 2026, EPA identified 34 small entities affected by the proposed
rule, and of these 6 small entities may experience costs of greater
than 1 percent of revenues. Of the 6 small entities projected to have
costs greater than 1 percent of revenues, two of them operate in cost-
of-service regions and would generally be able to pass any increased
costs along to rate-payers. In EPA's modeling, most of the cost impacts
for these small entities and their associated units are driven by lower
electricity generation relative to the base case baseline.
Specifically, four units reduce their generation by significant
amounts, driving the bulk of the costs for all small entities. Finally,
EPA's decision to exclude units smaller than 25 MW capacity from the
proposed FIP, and exclusion of uncontrolled units smaller than 100 MW
from backstop emission rate limits has already significantly reduced
the burden on small entities by reducing the number of affected small
entity-owned units. Further, in 2026 for non-EGUs, there are five small
entities, and one small entity is estimated to have a cost-to-sales
impact of 1.3 percent of their revenues.
    The EPA has determined that an insignificant number of small
entities potentially affected by the proposed rule will have compliance
costs greater than 1 percent of annual revenues during the compliance
period. EPA has concluded that there will be no significant economic
impact on a substantial number of small entities (No SISNOSE) for this
proposed rule overall. Details of this analysis are presented in
Chapter 6 of the RIA, which is in the public docket.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain an unfunded mandate of $100
million or more as described in UMRA, 2 U.S.C. 1531-1538, and will not
significantly or uniquely affect small governments. Note

that we expect the proposed rule to potentially have an impact on only
one category of government-owned entities (municipality-owned
entities). This analysis does not examine potential indirect economic
impacts associated with the proposed rule, such as employment effects
in industries providing fuel and pollution control equipment, or the
potential effects of electricity price increases on government
entities. For more information on the estimated impact on government
entities, refer to the RIA, which is in the public docket.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. If
finalized, this proposed action will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This proposed action has tribal implications. However, it would
neither impose substantial direct compliance costs on federally
recognized tribal governments, nor preempt tribal law.
    The EPA proposes to make a finding that interstate transport of
ozone precursor emissions from 26 upwind states (Alabama, Arkansas,
California, Delaware, Illinois, Indiana, Kentucky, Louisiana, Maryland,
Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New
York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia,
West Virginia, Wisconsin, and Wyoming) is significantly contributing to
downwind nonattainment or interfering with maintenance of the 2015
ozone NAAQS in other states, based on projected nitrogen oxides
(NOX) emissions in the 2023 ozone season. EPA is proposing
to issue FIP requirements to eliminate interstate transport of ozone
precursors from these 26 states that significantly contributes to
nonattainment or interferes with maintenance of the NAAQS in other
states. Under CAA section 301(d)(4), EPA proposes to extend FIP
requirements to apply in Indian country located within the upwind
geography of the proposed rule, including Indian reservation lands and
other areas of Indian country over which EPA or a tribe has
demonstrated that a tribe has jurisdiction. EPA's proposed extension is
described further above in Section IV.C.2., Application of Rule in
Indian Country and Necessary or Appropriate Finding. EPA proposes that
all existing and new EGU and non-EGU sources that are located in the
301(d) FIP areas within the geographic boundaries of the covered
states, and which would be subject to this rule if located within areas
subject to state CAA planning authority, should be included in this
rule. This proposed action has tribal implication because of the
proposed extension of FIP requirements into Indian country and this
proposed rule may have additional tribal implications if a new affected
EGU or non-EGU is built in Indian country. To EPA's knowledge, only one
existing EGU or non-EGU source is located within the 301(d) FIP areas:
The Bonanza Power Plant, an EGU source, located on the Uintah and Ouray
Reservation, geographically located within the borders of Utah. In
general, tribes have a vested interest in how this proposed rule would
affect air quality.
    In the Revised CSAPR Update, EPA established default procedures for
allocating CSAPR NOX Ozone Season Group 3 allowances
(``Group 3 allowances'') in amounts equal to each state emissions
budget for each control period among the sources in the state for use
in complying with the Group 3 trading program. Under the current Group
3 trading programs, reserved allowances are made available generally
(but not exclusively \348\) to ``new'' units--which for purposes of the
Revised CSAPR Update means units commencing commercial operation on or
after January 1, 2019--through a ``new unit set-aside'' established for
qualifying units in each state and, if areas of Indian country exist
within the state's borders, a separate ``Indian country new unit set-
aside'' for qualifying units in such Indian country. In this
rulemaking, EPA is proposing revisions to each step of the three-step
allocation process to better address units in Indian country and to
better coordinate the unit-level allocation process with the proposed
dynamic budget-setting process.
    The EPA hosted an environmental justice webinar on October 26,
2021, that was attended by state regulatory authorities, environmental
groups, federally recognized tribes, and small business stakeholders.
The EPA will also continue to consult with the government of the Ute
Indian Tribe of the Uintah and Ouray Reservation and plans to further
consult with any other tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this proposed regulation to solicit meaningful and timely
input into its development. The EPA plans to issue tribal consultation
letters addressed to 574 tribes in February 2022 after the proposed
rule is signed. The EPA will likely facilitate an additional tribal
consultation through a webinar before finalizing this proposed rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it implements a previously promulgated
health-based federal standard. This action's health and risk
assessments are contained in Chapter 5 of this RIA. The EPA believes
that the ozone-related benefits, PM2.5-related benefits, and
CO2-related benefits from this proposed rule will further
improve children's health. Additionally, the ozone exposure analysis in
Chapter 7 of the RIA suggests that nationally, children (ages 0-17)
will experience at least as great a reduction in ozone exposures as
adults (ages 18-64) in 2023 and 2026 under all regulatory alternatives
of this proposed rulemaking.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. EPA has prepared a Statement of Energy
Effects for the proposed regulatory control alternative as follows. The
Agency estimates a 1 percent change in retail electricity prices on
average across the contiguous U.S. in 2025, a 7.8 percent reduction in
coal-fired electricity generation, a 0.15 percent increase in natural
gas-fired electricity generation, and a 3.8 percent increase in
renewable electricity generation in 2025 as a result of this proposed
rule. EPA projects that utility power sector delivered natural gas
prices will change by less than 1 percent in 2025. Details of the
estimated energy effects are presented in Chapter 4 of the RIA, which
is in the public docket.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898.\349\ The documentation for this
decision is contained in Section VIII. Environmental Justice Analytical
Considerations and Stakeholder Outreach and Engagement of this Proposed
rule and in Chapter 7, Environmental Justice Impacts of the RIA, which
is in the public document. The RIA was prepared under E.O. 12866
Regulatory Planning and Review for this proposed rule. While the ozone
exposure assessment was subject to several limitations, also described
in Chapter 7 of the RIA, overall, ozone concentrations under the
proposal, more stringent, and less stringent alternatives are predicted
to impact demographic groups very similarly in both future years and
across both EGUs and non-EGUs.
---------------------------------------------------------------------------

    \349\ 59 FR 7629, February 16, 1994.
---------------------------------------------------------------------------

    Therefore, regarding ozone concentrations, EPA does not find
evidence of meaningful environmental justice concerns associated with
ozone concentrations after imposition of the proposed regulatory action
or alternatives under consideration. We also do not find evidence that
any potential environmental justice concerns related to ozone would be
meaningfully exacerbated in the regulatory alternatives under
consideration, compared to the baseline. Importantly, the action
described in this proposed rule is expected to lower ozone in many
areas, including residual ozone nonattainment areas, and thus mitigate
some pre-existing health risks of ozone across all populations
evaluated.
    In addition, the EPA provided the public, including those
communities disproportionately impacted by the burdens of pollution,
opportunities for meaningful engagement with the EPA on this action. A
summary of outreach activities conducted by the Agency and what was
heard from communities is provided in section VIII of this proposed
rule.

K. Determinations Under CAA Section 307(b)(1) and (d)

    Section 307(b)(1) of the CAA governs judicial review of final
actions by the EPA. This section provides, in part, that petitions for
review must be filed in the United States Court of Appeals for the
District of Columbia Circuit: (i) When the agency action consists of
``nationally applicable regulations promulgated, or final action taken,
by the Administrator,'' or (ii) when such action is locally or
regionally applicable, but ``such action is based on a determination of
nationwide scope or effect and if in taking such action the
Administrator finds and publishes that such action is based on such a
determination.'' For locally or regionally applicable final actions,
the CAA reserves to EPA complete discretion whether to invoke the
exception in (ii).
    This proposed action, if finalized, would be ``nationally
applicable'' within the meaning of CAA section 307(b)(1). In the
alternative, to the extent a court finds this action to be locally or
regionally applicable, the Administrator proposes to exercise the
complete discretion afforded to him under the CAA to make and publish a
finding that this action is based on a determination of ``nationwide
scope or effect'' within the meaning of CAA section 307(b)(1).\350\
---------------------------------------------------------------------------

    \350\ In proposing to invoke the exception by making and
publishing a finding that this final action is based on a
determination of nationwide scope or effect, the Administrator is
taking into account a number of policy considerations, including his
judgment balancing the benefit of obtaining the D.C. Circuit's
authoritative centralized review versus allowing development of the
issue in other contexts and the best use of agency resources.
---------------------------------------------------------------------------

    This proposed action, if finalized, will implement the good
neighbor provision in 26 states, spanning 8 EPA regions and 10 federal
judicial circuits. The proposed action applies a uniform, nationwide
analytical method and interpretation of CAA section 110(a)(2)(D)(i)(I)
across these states, and the proposed rule is based on a common core of
legal, technical, and policy determinations (as explained in further
detail in the following paragraph). For these reasons, this proposed
action is nationally applicable.
    Alternatively, for these same reasons, the Administrator is
exercising the discretion afforded to him by the CAA and hereby finds
that this proposed action is based on multiple determinations of
nationwide scope or effect for purposes of CAA section 307(b)(1).\351\
Specifically, the proposed rule is based on a common core of statutory
and case law analysis, factual findings, and policy determinations
concerning the transport of ozone-precursor pollutants from the
different states subject to it, as well as the impacts of those
pollutants and the impacts of options to address those pollutants in
yet other states. In this proposed action, EPA is applying its 4-step
analytic framework to implement the good neighbor provision across
these states, using a consistent set of policy and analytical
determinations. The proposed determinations include a nationally
consistent definition of receptors at Step 1 and findings identifying
downwind nonattainment and maintenance receptors; the application of a
nationally consistent contribution threshold at Step 2 to determine
which states are linked to those receptors and should be further
evaluated at Step 3; the use of a nationally consistent multi-factor
test at Step 3 to determine which upwind-state contributions to
nonattainment and maintenance receptors are ``significant'' and must be
eliminated; and the proposed implementation at Step 4 of a nationally
consistent set of emissions control strategies through emissions
budgets and an integrated interstate emissions trading program for
EGUs, a nationally consistent set of other compliance requirements for
EGUs, and a nationally consistent set of enforceable emissions limits
and associated compliance requirements for certain non-EGU sources in
several industrial sectors across 23 states. Finally, the technical,
scientific, and engineering information in support of these proposed
determinations relies on a nationally consistent set of air quality
modeling analyses and other nationally consistent analytical methods,
as set forth elsewhere in this proposed rule and in the relevant
supporting documents in the docket for this proposed rule.
---------------------------------------------------------------------------

    \351\ In the report on the 1977 Amendments that revised section
307(b)(1) of the CAA, Congress noted that the Administrator's
determination that the ``nationwide scope or effect'' exception
applies would be appropriate for any action that has a scope or
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
---------------------------------------------------------------------------

    Therefore, pursuant to CAA section 307(b), any petitions for review
of this action, if and when it is finalized, must be filed in the D.C.
Circuit within 60 days from the date such final action is published in
the Federal Register.
    This action is subject to the provisions of section 307(d). CAA
section 307(d)(1)(B) provides that section 307(d) applies to, among
other things, ``the promulgation or revision of an implementation plan
by the Administrator under [CAA section 110(c)].'' 42 U.S.C.
7407(d)(1)(B). This action, among other things, proposes new federal
implementation plans pursuant to the authority of section 110(c). To
the extent any portion of this rulemaking, if finalized, is not
expressly identified under section 307(d)(1)(B),

the Administrator determines that the provisions of section 307(d)
apply to such final action. See CAA section 307(d)(1)(V) (the
provisions of section 307(d) apply to ``such other actions as the
Administrator may determine'').

List of Subjects

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Ozone, Particulate matter, Sulfur dioxide.

40 CFR Part 75

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continuous emission monitoring, Electric power
plants, Incorporation by reference, Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 78

    Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides, Ozone,
Particulate matter, Sulfur dioxide.

40 CFR Part 97

    Environmental protection, Administrative practice and procedure,
Air pollution control, Electric power plants, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide.

Michael Regan,
Administrator.
    For the reasons stated in the preamble, parts 52, 75, 78, and 97 of
title 40 of the Code of Federal Regulations are proposed to be amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Amend Sec.  52.38 by:
0
a. In paragraph (a)(1), removing ``(NOX), except'' and
adding in its place ``(NOX) for sources meeting the
applicability criteria set forth in that subpart, except'';
0
b. In paragraph (a)(4) introductory text, removing ``State's sources,
and'' and adding in its place ``State, and'';
0
c. In table 1 to paragraph (a)(4)(i)(B), revising the entry for ``2025
and any year thereafter'';
0
d. In paragraph (a)(5) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
e. In table 2 to paragraph (a)(5)(i)(B), revising the entry for ``2025
and any year thereafter'';
0
f. In paragraph (a)(5)(iv), removing ``Indian country within the
borders of the State'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority'';
0
g. In paragraph (a)(5)(v), removing ``Indian country within the borders
of the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
h. Revising paragraphs (a)(6) and (a)(7)(ii);
0
i. In paragraph (a)(8)(iii), removing ``State (but not sources in any
Indian country within the borders of the State):'' and adding in its
place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:'';
0
j. In paragraph (b)(1), removing ``year), except'' and adding in its
place ``year) for sources meeting the applicability criteria set forth
in those subparts, except'';
0
k. Redesignating paragraphs (b)(2)(i) and (ii)as paragraphs
(b)(2)(i)(A) and (B), respectively, redesignating paragraphs
(b)(2)(iii) and (iv) as paragraphs (b)(2)(ii)(A) and (B), respectively,
and redesignating paragraph (b)(2)(v) as paragraph (b)(2)(iii)(A);
0
l. In newly redesignated paragraph (b)(2)(ii)(A), removing ``Alabama,
Arkansas, Iowa, Kansas, Mississippi, Missouri, Oklahoma, Tennessee,
Texas, and Wisconsin.'' and adding in its place ``Iowa and Kansas.'';
0
m. Adding paragraphs (b)(2)(ii)(C) and (b)(2)(iii)(B) and (C);
0
n. In paragraph (b)(3) introductory text, removing ``or (ii)'';
0
o. Revising paragraph (b)(4) introductory text;
0
p. In table 3 to paragraph (b)(4)(ii)(B), revising the entry for ``2025
and any year thereafter'';
0
q. Revising paragraph (b)(5) introductory text;
0
r. In table 4 to paragraph (b)(5)(ii)(B), revising the entry for ``2025
and any year thereafter'';
0
s. In paragraph (b)(5)(v), removing ``Indian country within the borders
of the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
t. In paragraph (b)(5)(vi), removing ``Indian country within the
borders of the State, the'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority, the'';
0
u. In paragraph (b)(7) introductory text, removing ``(b)(2)(iii) or
(iv)'' and adding in its place ``(b)(2)(ii)'';
0
v. Revising paragraph (b)(8) introductory text;
0
w. In paragraph (b)(8)(i), adding ``and'' after the semicolon;
0
x. Removing and reserving paragraph (b)(8)(ii);
0
y. Revising paragraph (b)(8)(iii)(A);
0
z. In table 5 to paragraph (b)(8)(iii)(B), revising the entry for
``2025 and any year thereafter'';
0
aa. In paragraph (b)(8)(iv), removing ``(b)(8)(i), (ii), or (iii)'' and
adding in its place ``(b)(8)(i) or (iii)'' each time it appears;
0
bb. Revising paragraph (b)(9) introductory text;
0
cc. Removing and reserving paragraph (b)(9)(ii);
0
dd. Revising paragraph (b)(9)(iii)(A);
0
ee. In table 6 to paragraph (b)(9)(iii)(B), revising the entry for
``2025 and any year thereafter'';
0
ff. In paragraph (b)(9)(vi), removing ``Indian country within the
borders of the State'' and adding in its place ``areas of Indian
country within the borders of the State not subject to the State's SIP
authority'';
0
gg. Revising paragraph (b)(9)(vii);
0
hh. In paragraph (b)(9)(viii), removing ``(b)(9)(i), (ii), or (iii)''
and adding in its place ``(b)(9)(i) or (iii)'';
0
ii. Revising paragraphs (b)(10) introductory text, (b)(10)(i) and (ii),
(b)(10)(v)(A) and (B), (b)(11) introductory text, (b)(11)(iii)
introductory text, (b)(11)(iii)(A) introductory text, and
(b)(11)(iii)(B);
0
jj. Removing and reserving paragraph (b)(11)(iii)(C);
0
kk. Revising paragraph (b)(11)(iii)(D);
0
ll. In paragraph (b)(11)(iv), removing ``paragraphs (b)(11)(iii)(B) and
(C)'' and adding in its place ``paragraph (b)(11)(iii)(B)'';
0
mm. Revising paragraphs (b)(12) introductory text, (b)(12)(iii)
introductory text, (b)(12)(iii)(A) introductory text, and
(b)(12)(iii)(B);
0
nn. Removing and reserving paragraph (b)(12)(iii)(C);
0
oo. Revising paragraphs (b)(12)(iii)(D) and (b)(12)(vi) and (vii);
0
pp. In paragraph (b)(12)(viii), removing ``paragraphs (b)(12)(iii)(B)
and (C)'' and adding in its place ``paragraph (b)(12)(iii)(B)'';

0
qq. Revising paragraphs (b)(13) introductory text and (b)(13)(i);
0
rr. In paragraph (b)(13)(ii), removing ``(b)(9)(ii) or'';
0
ss. In paragraph (b)(14)(i)(F), removing ``Sec.  97.825(b)'' and adding
in its place ``Sec. Sec.  97.806(c)(2) and (3) and 97.825(b)'';
0
tt. In paragraph (b)(14)(i)(G), removing ``Sec.  97.826(e)'' and adding
in its place ``Sec.  97.826(f)'';
0
uu. Revising paragraphs (b)(14)(ii) and (b)(14)(iii) introductory text;
0
vv. In paragraph (b)(14)(iii)(D), removing ``and'' after the semicolon;
0
ww. In paragraph (b)(14)(iii)(E), removing ``(b)(2)(iv) of this
section).'' and adding in its place ``(b)(2)(ii)(B) of this
section);'';
0
xx. Adding paragraphs (b)(14)(iii)(F) and (G);
0
yy. In paragraph (b)(15)(iii), removing ``State (but not sources in any
Indian country within the borders of the State):'' and adding in its
place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:'';
0
zz. In paragraph (b)(16)(i)(B), removing ``Sec.  97.804(a) and (b)
or'';
0
aaa. Revising paragraph (b)(16)(i)(C);
0
bbb. Redesignating paragraph (b)(16)(ii) as paragraph (b)(16)(ii)(A),
and in the newly redesignated paragraph, removing ``(b)(2)(iv)'' and
adding in its place ``(b)(2)(ii)(B)'';
0
ccc. Adding paragraph (b)(16)(ii)(B); and
0
ddd. Revising paragraphs (b)(17)(i) through (iii).
    The revisions and additions read as follows:

Sec.  52.38   What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of nitrogen oxides?

    (a) * * *
    (4) * * *
    (i) * * *
    (B) * * *

                    Table 1 to Paragraph (a)(4)(i)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR NOX annual allowances are       allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (5) * * *
    (i) * * *
    (B) * * *

                    Table 2 to Paragraph (a)(5)(i)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR NOX annual allowances are       allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (6) Withdrawal of CSAPR FIP provisions relating to NOX annual
emissions. Except as provided in paragraph (a)(7) of this section,
following promulgation of an approval by the Administrator of a State's
SIP revision as correcting the SIP's deficiency that is the basis for
the CSAPR Federal Implementation Plan set forth in paragraphs (a)(1),
(a)(2)(i), and (a)(3) and (4) of this section for sources in the State
and Indian country within the borders of the State, the provisions of
paragraph (a)(2)(i) of this section will no longer apply to sources in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority, unless the Administrator's
approval of the SIP revision is partial or conditional, and will
continue to apply to sources in areas of Indian country within the
borders of the State not subject to the State's SIP authority, provided
that if the CSAPR Federal Implementation Plan was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (7) * * *
    (ii) Notwithstanding the provisions of paragraph (a)(6) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR NOX Annual allowances under subpart
AAAAA of part 97 of this chapter to units in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority for a control period in any year, the provisions of such
subpart authorizing the Administrator to complete the allocation and
recordation of such allowances to such units for each such control
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision.
* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (C) The provisions of subpart EEEEE of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2017 through 2022 only, except as provided in paragraph
(b)(14)(iii) of this section: Alabama, Arkansas, Mississippi, Missouri,
Oklahoma, Tennessee, Texas, and Wisconsin.
    (iii) * * *
    (B) The provisions of subpart GGGGG of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2023 and each subsequent year: Alabama, Arkansas,
Mississippi, Missouri, Oklahoma, Tennessee, Texas, and Wisconsin.
    (C) The provisions of subpart GGGGG of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to

emissions occurring on and after [EFFECTIVE DATE OF FINAL RULE] and in
each subsequent year: Delaware, Minnesota, Nevada, Utah, and Wyoming.
* * * * *
    (4) Abbreviated SIP revisions replacing certain provisions of the
federal CSAPR NOX Ozone Season Group 1 Trading Program. A State listed
in paragraph (b)(2)(i)(A) of this section may adopt and include in a
SIP revision, and the Administrator will approve, regulations replacing
specified provisions of subpart BBBBB of part 97 of this chapter for
the State, and not substantively replacing any other provisions, as
follows:
* * * * *
    (ii) * * *
    (B) * * *

                   Table 3 to Paragraph (b)(4)(ii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX ozone season Group 1       allocations or auction results
 allowances are allocated or auctioned         to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (5) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
1 Trading Programs. A State listed in paragraph (b)(2)(i)(A) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to
sources in the State and areas of Indian country within the borders of
the State subject to the State's SIP authority, regulations that are
substantively identical to the provisions of the CSAPR NOX
Ozone Season Group 1 Trading Program set forth in Sec. Sec.  97.502
through 97.535 of this chapter, except that the SIP revision:
* * * * *
    (ii) * * *
    (B) * * *

                   Table 4 to Paragraph (b)(5)(ii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX ozone season Group 1       allocations or auction results
 allowances are allocated or auctioned         to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (8) Abbreviated SIP revisions replacing certain provisions of the
federal CSAPR NOX Ozone Season Group 2 Trading Program. A State listed
in paragraph (b)(2)(ii) of this section may adopt and include in a SIP
revision, and the Administrator will approve, regulations replacing
specified provisions of subpart EEEEE of part 97 of this chapter for
the State, and not substantively replacing any other provisions, as
follows:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.810(a) and 97.821 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 2 trading budget minus the sum of the Indian country new unit
set-aside and the amount of any CSAPR NOX Ozone Season Group
2 allowances already allocated and recorded by the Administrator;
    (B) * * *

                   Table 5 to Paragraph (b)(8)(iii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX ozone season Group 2       allocations or auction results
 allowances are allocated or auctioned         to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (9) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
2 Trading Programs. A State listed in paragraph (b)(2)(ii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(ii), and (b)(7) and (8) of this section with regard to
sources in the State and areas of Indian country within the borders of
the State subject to the State's SIP authority, regulations that are
substantively identical to the provisions of the CSAPR NOX
Ozone Season Group 2 Trading Program set forth in Sec. Sec.  97.802
through 97.835 of this chapter, except that the SIP revision:
* * * * *
    (iii) * * *
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under

Sec. Sec.  97.810(a) and 97.821 of this chapter for the State and such
control period, of the CSAPR NOX Ozone Season Group 2
trading budget minus the sum of the Indian country new unit set-aside
and the amount of any CSAPR NOX Ozone Season Group 2
allowances already allocated and recorded by the Administrator;
    (B) * * *

                   Table 6 to Paragraph (b)(9)(iii)(B)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
     CSAPR NOX ozone season Group 2       allocations or auction results
 allowances are allocated or auctioned         to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (vii) Provided that, if and when any covered unit is located in
areas of Indian country within the borders of the State not subject to
the State's SIP authority, the Administrator may modify his or her
approval of the SIP revision to exclude the provisions in Sec. Sec.
97.802 (definitions of ``common designated representative'', ``common
designated representative's assurance level'', and ``common designated
representative's share''), 97.806(c)(2), and 97.825 of this chapter and
the portions of other provisions of subpart EEEEE of part 97 of this
chapter referencing these sections and may modify any portion of the
CSAPR Federal Implementation Plan that is not replaced by the SIP
revision to include these provisions; and
* * * * *
    (10) State-determined allocations of CSAPR NOX Ozone
Season Group 3 allowances for 2024. A State listed in paragraph
(b)(2)(iii) of this section may adopt and include in a SIP revision,
and the Administrator will approve, as CSAPR NOX Ozone
Season Group 3 allowance allocation provisions replacing the provisions
in Sec.  97.1011(a)(1) of this chapter with regard to the State and the
control period in 2024, a list of CSAPR NOX Ozone Season
Group 3 units and the amount of CSAPR NOX Ozone Season Group
3 allowances allocated to each unit on such list, provided that the
list of units and allocations meets the following requirements:
    (i) All of the units on the list must be units that are in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority and that commenced commercial
operation before January 1, 2021;
    (ii) The total amount of CSAPR NOX Ozone Season Group 3
allowance allocations on the list must not exceed the amount, under
Sec.  97.1010 of this chapter for the State and the control period in
2024, of the CSAPR NOX Ozone Season Group 3 trading budget
minus the sum of the new unit set-aside and Indian country existing
unit set-aside;
* * * * *
    (v) * * *
    (A) By [EFFECTIVE DATE OF FINAL RULE], the State must notify the
Administrator electronically in a format specified by the Administrator
of the State's intent to submit to the Administrator a complete SIP
revision meeting the requirements of paragraphs (b)(10)(i) through (iv)
of this section by September 1, 2023; and
    (B) The State must submit to the Administrator a complete SIP
revision described in paragraph (b)(10)(v)(A) of this section by
September 1, 2023.
    (11) Abbreviated SIP revisions replacing certain provisions of the
federal CSAPR NOX Ozone Season Group 3 Trading Program. A State listed
in paragraph (b)(2)(iii) of this section may adopt and include in a SIP
revision, and the Administrator will approve, regulations replacing
specified provisions of subpart GGGGG of part 97 of this chapter for
the State, and not substantively replacing any other provisions, as
follows:
* * * * *
    (iii) The State may adopt, as CSAPR NOX Ozone Season
Group 3 allowance allocation or auction provisions replacing the
provisions in Sec.  97.1011(a)(1) of this chapter with regard to the
State and the control period in 2025 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR NOX Ozone Season Group 3 allowances and
may adopt, in addition to the definitions in Sec.  97.1002 of this
chapter, one or more definitions that shall apply only to terms as used
in the adopted CSAPR NOX Ozone Season Group 3 allowance
allocation or auction provisions, if such methodology--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 3 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.1010 and 97.1021 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 3 trading budget minus the sum of the new unit set-aside, the
Indian country existing unit set-aside, and the amount of any CSAPR
NOX Ozone Season Group 3 allowances already allocated and
recorded by the Administrator, plus, if the State adopts regulations
expanding applicability to additional units pursuant to paragraph
(b)(11)(ii) of this section, an additional amount of CSAPR
NOX Ozone Season Group 3 allowances not exceeding the lesser
of:
* * * * *
    (B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 3
allowances for any such control period to any CSAPR NOX
Ozone Season Group 3 units covered by Sec.  97.1011(a)(1) of this
chapter, that the State or the permitting authority submit such
allocations or the results of such auctions for such control period
(except allocations or results of auctions to such units of CSAPR
NOX Ozone Season Group 3 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator by June 1 of the year before the year
of such control period; and
* * * * *
    (D) Does not provide for any change, after the submission deadlines
in paragraph (b)(11)(iii)(B) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart GGGGG of part 97 of this chapter or Sec.
97.526(d) or Sec.  97.826(d) or (e) of this chapter;
* * * * *
    (12) Full SIP revisions adopting State CSAPR NOX Ozone Season Group
3 Trading Programs. A State listed in paragraph (b)(2)(iii) of this
section may adopt and include in a SIP revision, and the Administrator
will approve, as correcting the deficiency in the SIP that is the basis
for the CSAPR Federal

Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and
(b)(10) and (11) of this section with regard to sources in the State
and areas of Indian country within the borders of the State subject to
the State's SIP authority, regulations that are substantively identical
to the provisions of the CSAPR NOX Ozone Season Group 3
Trading Program set forth in Sec. Sec.  97.1002 through 97.1035 of this
chapter, except that the SIP revision:
* * * * *
    (iii) May adopt, as CSAPR NOX Ozone Season Group 3
allowance allocation provisions replacing the provisions in Sec.
97.1011(a)(1) of this chapter with regard to the State and the control
period in 2025 or any subsequent year, any methodology under which the
State or the permitting authority allocates or auctions CSAPR
NOX Ozone Season Group 3 allowances and that--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 3 allowances for any such control period not exceeding the
amount, under Sec. Sec.  97.1010 and 97.1021 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 3 trading budget minus the sum of the new unit set-aside, the
Indian country existing unit set-aside, and the amount of any CSAPR
NOX Ozone Season Group 3 allowances already allocated and
recorded by the Administrator, plus, if the State adopts regulations
expanding applicability to additional units pursuant to paragraph
(b)(12)(ii) of this section, an additional amount of CSAPR
NOX Ozone Season Group 3 allowances not exceeding the lesser
of:
* * * * *
    (B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 3
allowances for any such control period to any CSAPR NOX
Ozone Season Group 3 units covered by Sec.  97.1011(a)(1) of this
chapter, that the State or the permitting authority submit such
allocations or the results of such auctions for such control period
(except allocations or results of auctions to such units of CSAPR
NOX Ozone Season Group 3 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator by June 1 of the year before the year
of such control period; and
* * * * *
    (D) Does not provide for any change, after the submission deadlines
in paragraph (b)(12)(iii)(B) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart GGGGG of part 97 of this chapter or Sec.
97.526(d) or Sec.  97.826(d) or (e) of this chapter;
* * * * *
    (vi) Must not include any of the requirements imposed on any unit
in areas of Indian country within the borders of the State not subject
to the State's SIP authority in the provisions in Sec. Sec.  97.1002
through 97.1035 of this chapter and must not include the provisions in
Sec. Sec.  97.1011(a)(2), 97.1012, and 97.1021(g) through (j) of this
chapter, all of which provisions will continue to apply under the
portion of the CSAPR Federal Implementation Plan that is not replaced
by the SIP revision;
    (vii) Provided that, if any covered unit is located in areas of
Indian country within the borders of the State not subject to the
State's SIP authority before the Administrator's approval of the SIP
revision, the SIP revision must exclude the provisions in Sec. Sec.
97.1002 (definitions of ``base CSAPR NOX Ozone Season Group
3 source'', ``base CSAPR NOX Ozone Season Group 3 unit'',
``common designated representative'', ``common designated
representative's assurance level'', and ``common designated
representative's share''), 97.1006(c)(2), and 97.1025 of this chapter
and the portions of other provisions of subpart GGGGG of part 97 of
this chapter referencing these sections, and further provided that, if
and when any covered unit is located in areas of Indian country within
the borders of the State not subject to the State's SIP authority after
the Administrator's approval of the SIP revision, the Administrator may
modify his or her approval of the SIP revision to exclude these
provisions and may modify any portion of the CSAPR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions; and
* * * * *
    (13) Withdrawal of CSAPR FIP provisions relating to NOX ozone
season emissions; satisfaction of NOX SIP Call requirements. Following
promulgation of an approval by the Administrator of a State's SIP
revision as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan set forth in paragraphs (b)(1),
(b)(2)(i), and (b)(3) and (4) of this section, paragraphs (b)(1),
(b)(2)(ii), and (b)(7) and (8) of this section, or paragraphs (b)(1),
(b)(2)(iii), and (b)(10) and (11) of this section for sources in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority--
    (i) Except as provided in paragraph (b)(14) of this section, the
provisions of paragraph (b)(2)(i), (ii), or (iii) of this section, as
applicable, will no longer apply to sources in the State and areas of
Indian country within the borders of the State subject to the State's
SIP authority, unless the Administrator's approval of the SIP revision
is partial or conditional, and will continue to apply to sources in
areas of Indian country within the borders of the State not subject to
the State's SIP authority, provided that if the CSAPR Federal
Implementation Plan was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision; and
* * * * *
    (14) * * *
    (ii) Notwithstanding the provisions of paragraph (b)(13)(i) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR NOX Ozone Season Group 1 allowances
under subpart BBBBB of part 97 of this chapter, or allocations of CSAPR
NOX Ozone Season Group 2 allowances under subpart EEEEE of
part 97 of this chapter, or allocations of CSAPR NOX Ozone
Season Group 3 allowances under subpart GGGGG of part 97 of this
chapter, to units in the State and areas of Indian country within the
borders of the State subject to the State's SIP authority for a control
period in any year, the provisions of such subpart authorizing the
Administrator to complete the allocation and recordation of such
allowances to such units for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.
    (iii) Notwithstanding any discontinuation of the applicability of
subpart BBBBB or EEEEE of part 97 of this chapter to the sources in a
State and areas of Indian country within the borders of the State
subject to the State's SIP authority with regard to emissions occurring
in any control period pursuant to paragraph (b)(2)(i)(B), (b)(2)(ii)(B)
or (C), or (b)(13)(i) of this section, the following provisions shall
continue to apply with regard to all CSAPR NOX Ozone Season
Group 1 allowances and CSAPR NOX Ozone Season Group 2
allowances at any time

allocated for any control period to any source or other entity in the
State and shall apply to all entities, wherever located, that at any
time held or hold such allowances:
* * * * *
    (F) The provisions of Sec.  97.826(e) of this chapter (concerning
the conversion of amounts of unused CSAPR NOX Ozone Season
Group 2 allowances allocated for control periods before 2023 to
different amounts of CSAPR NOX Ozone Season Group 3
allowances); and
    (G) The provisions of Sec.  97.811(e) of this chapter (concerning
the recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all CSAPR NOX Ozone
Season Group 2 allowances allocated for control periods after 2022 and
recorded in the compliance accounts of sources in States listed in
paragraph (b)(2)(ii)(C) of this section).
* * * * *
    (16) * * *
    (i) * * *
    (C) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(9) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(ii), and
(b)(7) and (8) of this section with regard to sources in the State and
areas of Indian country within the borders of the State subject to the
State's SIP authority: Alabama, Indiana, and Missouri.
    (ii) * * *
    (B) Notwithstanding any provision of subpart EEEEE of part 97 of
this chapter or any State's SIP, with regard to any State listed in
paragraph (b)(2)(ii)(C) of this section and any control period that
begins after December 31, 2022, the Administrator will not carry out
any of the functions set forth for the Administrator in subpart EEEEE
of part 97 of this chapter, except Sec. Sec.  97.811(e) and 97.826(c)
and (e) of this chapter, or in any emissions trading program provisions
in a State's SIP approved under paragraph (b)(8) or (9) of this
section.
    (17) * * *
    (i) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(10) of this section as
replacing the CSAPR NOX Ozone Season Group 3 allowance
allocation provisions in Sec.  97.1011(a)(1) of this chapter with
regard to the State and the control period in 2024: [none].
    (ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(11) of this section as
replacing the CSAPR NOX Ozone Season Group 3 applicability
provisions in Sec.  97.1004(a) and (b) or Sec.  97.1004(a)(1) and (2)
of this chapter or the CSAPR NOX Ozone Season Group 2
allowance allocation provisions in Sec.  97.1011(a)(1) of this chapter
with regard to the State and the control period in 2025 or any
subsequent year: [none].
    (iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(12) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and
(b)(10) and (11) of this section with regard to sources in the State
and areas of Indian country within the borders of the State subject to
the State's SIP authority: [none].
0
3. Amend Sec.  52.39 by:
0
a. In paragraph (a), removing ``(SO2), except'' and adding
in its place ``(SO2) for sources meeting the applicability
criteria set forth in those subparts, except'';
0
b. In paragraph (e) introductory text, removing ``State's sources,
and'' and adding in its place ``State, and'';
0
c. In table 1 to paragraph (e)(1)(ii), revising the entry for ``2025
and any year thereafter'';
0
d. In paragraph (f) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
e. In table 2 to paragraph (f)(1)(ii), revising the entry for ``2025
and any year thereafter'';
0
f. In paragraph (f)(4), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
g. In paragraph (f)(5), removing ``Indian country within the borders of
the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
h. In paragraph (h) introductory text, removing ``State's sources,
and'' and adding in its place ``State, and'';
0
i. In table 3 to paragraph (h)(1)(ii), revising the entry for ``2025
and any year thereafter'';
0
j. In paragraph (i) introductory text, removing ``State (but not
sources in any Indian country within the borders of the State),
regulations'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, regulations'';
0
k. In table 4 to paragraph (i)(1)(ii), revising the entry for ``2025
and any year thereafter'';
0
l. In paragraph (i)(4), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority'';
0
m. In paragraph (i)(5), removing ``Indian country within the borders of
the State, the'' and adding in its place ``areas of Indian country
within the borders of the State not subject to the State's SIP
authority, the'';
0
n. Revising paragraphs (j) and (k)(2); and
0
o. In paragraphs (l)(3) and (m)(3), removing ``State (but not sources
in any Indian country within the borders of the State):'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority:''.
    The revisions read as follows:

Sec.  52.39   What are the requirements of the Federal Implementation
Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to
emissions of sulfur dioxide?

* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *

                     Table 1 to Paragraph (e)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 Group 1 allowances are      allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (f) * * *
    (i) * * *
    (ii) * * *

                     Table 2 to Paragraph (f)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 Group 1 allowances are      allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (h) * * *
    (1) * * *
    (ii) * * *

                     Table 3 to Paragraph (h)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 Group 2 allowances are      allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (i) * * *
    (1) * * *
    (ii) * * *

                     Table 4 to Paragraph (i)(1)(ii)
------------------------------------------------------------------------
  Year of the control period for which      Deadline for submission of
    CSAPR SO2 Group 2 allowances are      allocations or auction results
         allocated or auctioned                to the Administrator
------------------------------------------------------------------------

                              * * * * * * *
2025 and any year thereafter...........  June 1 of the year before the
                                          year of the control period.
------------------------------------------------------------------------

* * * * *
    (j) Withdrawal of CSAPR FIP provisions relating to SO2 emissions.
Except as provided in paragraph (k) of this section, following
promulgation of an approval by the Administrator of a State's SIP
revision as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan set forth in paragraphs (a), (b),
(d), and (e) of this section or paragraphs (a), (c)(1), (g), and (h) of
this section for sources in the State and Indian country within the
borders of the State, the provisions of paragraph (b) or (c)(1) of this
section, as applicable, will no longer apply to sources in the State
and areas of Indian country within the borders of the State subject to
the State's SIP authority, unless the Administrator's approval of the
SIP revision is partial or conditional, and will continue to apply to
sources in areas of Indian country within the borders of the State not
subject to the State's SIP authority, provided that if the CSAPR
Federal Implementation Plan was promulgated as a partial rather than
full remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision.
    (k) * * *
    (2) Notwithstanding the provisions of paragraph (j) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR SO2 Group 1 allowances under subpart
CCCCC of part 97 of this chapter, or allocations of CSAPR
SO2 Group 2 allowances under subpart DDDDD of part 97 of
this chapter, to units in the State and areas of Indian country within
the borders of the State subject to the State's SIP authority for a
control period in any year, the provisions of such subpart authorizing
the Administrator to complete the allocation and recordation of such
allowances to such units for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.
* * * * *
0
4. Add Sec. Sec.  52.40 through 52.45 to read as follows:
* * * * *
Sec.
52.40 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
sources not subject to the CSAPR ozone season trading program?
52.41 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Pipeline Transportation of Natural Gas Industry?
52.42 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Cement and Concrete Product Manufacturing Industry?
52.43 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Iron and Steel Mills and Ferroalloy Manufacturing Industry?

52.44 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Glass and Glass Product Manufacturing Industry?
52.45 What are the requirements of the Federal Implementation Plans
(FIPs) relating to ozone season emissions of nitrogen oxides from
the Basic Chemical Manufacturing, Petroleum and Coal Products
Manufacturing, and Pulp, Paper, and Paperboard Mills Industries?
* * * * *

Sec.  52.40   What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
sources not subject to the CSAPR ozone season trading program?

    (a) NOX ozone season emissions. This section establishes Federal
Implementation Plan requirements for new and existing units in the
industries specified in paragraph (b) of this section to eliminate
significant contribution to nonattainment, or interference with
maintenance, of the 2015 8-hour ozone National Ambient Air Quality
Standards in other states pursuant to 42 U.S.C. 7410(a)(2)(D)(i)(I).
    (b) General requirements (1) The NOX emissions
limitations and associated compliance requirements for the following
listed source categories not subject to the CSAPR ozone season trading
program constitute the Federal Implementation Plan provisions that
relate to emissions of NOX during the ozone season (defined
as May 1 through September 30 of a calendar year): Sec.  52.41 for
engines in the Pipeline Transportation of Natural Gas Industry, Sec.
52.42 for kilns in the Cement and Concrete Product Manufacturing
Industry, Sec.  52.43 for units in the Iron and Steel Mills and
Ferroalloy Manufacturing Industry, Sec.  52.44 for units in the Glass
and Glass Product Manufacturing Industry, Sec.  52.45 for boilers in
Basic Chemical Manufacturing, Petroleum and Coal Products
Manufacturing, and Pulp, Paper, and Paperboard Mills.
    (2) The provisions of Sec. Sec.  52.41 through 52.45 of this part
apply to sources located in each of the following States, including
Indian country located within the borders of such States, beginning in
the 2026 ozone season and in each subsequent ozone season: Arkansas,
California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan,
Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, Ohio,
Oklahoma, Pennsylvania, Texas, Utah, Virginia, West Virginia,
Wisconsin, and Wyoming.
    (3) The owner or operator of an affected unit subject to the
provisions of Sec. Sec.  52.40 through 52.45 shall maintain files of
all information (including all reports and notifications) required by
these sections recorded in a form suitable and readily available for
expeditious inspection and review. The files shall be retained for at
least 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record. At a minimum, the
most recent 2 years of data shall be retained on site. The remaining 3
years of data may be retained off site. Such files may be maintained on
microfilm, on a computer, on computer floppy disks, on magnetic tape
disks, or on microfiche.

Sec.  52.41   What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Pipeline Transportation of Natural Gas Industry?

    (a) Definitions. All terms not defined herein shall have the
meaning given them in the Act and in subpart A of part 60.
    Affected unit means an engine meeting the applicability criteria of
this section.
    Four stroke means any type of engine which completes the power
cycle in two crankshaft revolutions, with intake and compression
strokes in the first revolution and power and exhaust strokes in the
second revolution.
    ISO conditions means 288 Kelvin (15 [deg]C), 60 percent relative
humidity and 101.3 kilopascals pressure.
    Lean burn means any two[hyphen]stroke or four[hyphen]stroke spark
ignited reciprocating internal combustion engine that does not meet the
definition of a rich burn engine.
    Nameplate rating means the manufacturer's design maximum capacity
in horsepower (hp) at the installation site conditions. Starting from
the completion of any physical change in the engine resulting in an
increase in the maximum output (in hp) that the engine is capable of
producing on a steady state basis and during continuous operation, such
increased maximum output shall be as specified by the person conducting
the physical change.
    Natural gas means a fluid mixture of hydrocarbons (e.g., methane,
ethane, or propane) or non-hydrocarbons, composed of at least 70
percent methane by volume or that has a gross calorific value between
35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100
Btu per dry standard cubic foot), that maintains a gaseous state under
ISO conditions. Natural gas does not include the following gaseous
fuels: Landfill gas, digester gas, refinery gas, sour gas, blast
furnace gas, coal-derived gas, producer gas, coke oven gas, or any
gaseous fuel produced in a process which might result in highly
variable CO2 content or heating value.
    Natural gas-fired means that greater than or equal to 90% of the
engine's heat input, excluding recirculated or recuperated exhaust
heat, is derived from the combustion of natural gas.
    Operator means any person who operates, controls, or supervises a
natural gas-fired engine subject to this regulation and shall include,
but not be limited to, any holding company, utility system, or plant
manager of such natural gas-fired engine.
    Owner means any holder of any portion of the legal or equitable
title in a natural gas-fired engine subject to this regulation.
    Pipeline transportation of natural gas means the movement of
natural gas through an interconnected network of compressors and
pipeline components, from field gathering networks near wellheads to
end users, including:
    (i) The compressor and pipeline network used for field gathering of
natural gas from the wellheads for delivery to either processing
facilities or connections to pipelines used for intrastate or
interstate transportation of the natural gas; and
    (ii) The compressor and pipeline network used to transport the
natural gas from field gathering networks or processing facilities over
a distance (intrastate or interstate) to and from storage facilities,
to large natural gas end-users, and to distribution organizations that
provide the natural gas to end-users.
    Reciprocating internal combustion engine means a reciprocating
engine in which power, produced by heat and/or pressure that is
developed in the engine combustion chambers by the burning of a mixture
of air and fuel, is subsequently converted to mechanical work.
    Rich burn means any four-stroke spark ignited reciprocating
internal combustion engine where the manufacturer's recommended
operating air/fuel ratio divided by the stoichiometric air/fuel ratio
at full load conditions is less than or equal to 1.1. Internal
combustion engines originally manufactured as rich burn engines but
modified with passive emission control technology for nitrogen oxides
(NOX) (such as pre-combustion chambers) will be considered
lean burn engines. Existing internal combustion engines where there are
no manufacturer's recommendations regarding air/fuel ratio will be
considered rich burn engines if the excess oxygen content of

the exhaust at full load conditions is less than or equal to 2 percent.
    Spark ignition means a reciprocating internal combustion engine
utilizing a spark plug (or other sparking device) to ignite the air/
fuel mixture and with operating characteristics significantly similar
to the theoretical Otto combustion cycle.
    Stoichiometric means the theoretical air-to-fuel ratio required for
complete combustion.
    Two stroke means a type of reciprocating internal combustion engine
which completes the power cycle in a single crankshaft revolution by
combining the intake and compression operations into one stroke (one-
half revolution) and the power and exhaust operations into a second
stroke. This system requires auxiliary exhaust scavenging of the
combustion products and inherently runs lean (excess of air) of
stoichiometry.
    (b) Applicability. You are subject to the requirements under this
section if you own or operate a new or existing natural gas-fired spark
ignition engine with a nameplate rating of 1,000 hp or greater that is
used for pipeline transportation of natural gas and is located within
any of the States listed in Sec.  52.40(a)(1)(ii), including Indian
country located within the borders of any such State(s).
    (c) Emissions limitations. Beginning with the 2026 ozone season and
in each ozone season thereafter, the following emissions limitations
must be met. Compliance with the numerical emissions limitations
established in this section is based on the average of three 1-hour
runs using the testing requirements and procedures in paragraph (d) of
this section.
    (1) If you own or operate a natural gas fired four stroke rich burn
spark ignition engine with a nameplate rating of 1,000 hp or greater
than you must meet a nitrogen oxides (NOX) emissions limits
of 1.0 grams per hp-hour (g/hp-hr).
    (2) If you own or operate a natural gas fired four stroke lean burn
spark ignition engine with a nameplate rating of 1,000 hp or greater
than you must meet a NOX emissions limits of 1.5 g/hp-hr.
    (3) If you own or operate a natural gas fired two stroke lean spark
ignition engine with a nameplate rating of 1,000 hp or greater than you
must meet a NOX emissions limits of 3.0 g/hp-hr.
    (d) Testing and monitoring requirements (1) If you are an owner or
operator of a natural gas fired spark ignition engine subject to a
NOX emissions limit under paragraph (b) of this section, you
must keep a maintenance plan and records of conducted maintenance and
must, to the extent practicable, maintain and operate the engine in a
manner consistent with good air pollution control practice for
minimizing emissions.
    (2) Performance Testing Requirements:
    (i) Engines that meet the certification requirements of Sec.
60.4243(a) need not conduct any performance tests, consistent with the
requirements of 40 CFR part 60, subpart JJJJ.
    (ii) For non-certified engines, the following performance testing
requirements apply:
    (A) New engines must conduct an initial performance test within six
months of engine startup and conduct subsequent performance testing
every six months thereafter to demonstrate compliance.
    (B) Existing engines must conduct an initial performance test
within six months of becoming subject to an emissions limit under
paragraph (b) of this section and conduct subsequent performance
testing every six months thereafter to demonstrate compliance.
    (iii) Performance tests must be conducted in accordance with the
applicable reference test methods of 40 CFR part 60, appendix A, any
alternative test method approved by EPA as of April 6, 2022 under 40
CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or
65.158(a)(2) and available at EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods
and procedures approved by EPA through notice-and-comment rulemaking.
    (3) If a selective catalytic reduction (SCR) or non-selective
catalytic reduction (NSCR) control device is used to reduce emissions:
    (i) Monitor the inlet temperature to the catalyst daily and conduct
maintenance if the temperature is not within the observed inlet
temperature range from the most recent performance test or the
temperatures specified by the manufacturer if no performance test was
required by this section.
    (ii) Measure the pressure drop across the catalyst monthly and
conduct maintenance if the pressure drop is greater than 2 inches
outside the baseline value established after each semiannual portable
analyzer monitoring.
    (iii) Engines that are subject to catalyst temperatures and
catalyst pressure drop monitoring requirements under 40 CFR part 63,
subpart ZZZZ must satisfy the requirements of Sec.  52.41(d)(3).
    (4) If you are not using a SCR or NSCR control device to reduce
emissions are required to install a continuous parameter monitoring
system (CPMS). You must install, operate, and maintain each CPMS
according to the requirements in paragraphs (d)(4)(i) through (vi) of
this section.
    (i) You must prepare a site-specific monitoring plan that addresses
the monitoring system design, data collection, and quality assurance
and quality control elements outlined in paragraphs (d)(4)(i)(A)
through (E) of this section.
    (A) The performance criteria and design specifications for the
monitoring system equipment, including the sample interface, detector
signal analyzer, and data acquisition and calculations.
    (B) Sampling interface (e.g., thermocouple) location such that the
monitoring system will provide representative measurements.
    (C) Equipment performance evaluations, system accuracy audits, or
other audit procedures.
    (D) Ongoing operation and maintenance procedures in accordance with
the requirements of paragraph (d)(1) of this section.
    (E) Ongoing recordkeeping and reporting procedures in accordance
with the requirements of paragraphs (e) and (f) of this section.
    (ii) Install, operate, and maintain each CPMS in continuous
operation according to the procedures in your site-specific monitoring
plan.
    (iii) The CPMS must collect data at least once every 15 minutes.
    (iv) For a CPMS for measuring temperature range, the temperature
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
    (v) You must conduct the CPMS equipment performance evaluation,
system accuracy audits, or other audit procedures specified in your
site-specific monitoring plan at least annually.
    (vi) You must conduct a performance evaluation of each CPMS in
accordance with your site-specific monitoring plan.
    (e) Recordkeeping requirements (1) You must keep records of:
    (i) Performance tests conducted pursuant to Sec.  52.41(d)(2),
including the date, engine settings on the date of the test, and
documentation of the methods and results of the testing.
    (ii) Catalyst monitoring required by Sec.  52.41(d)(3), if
applicable, and any actions taken to address monitored values outside
the temperature or pressure drop parameters, including the date and a
description of actions taken.

    (iii) Parameters monitored pursuant to your site-specific
monitoring plan for your CPMS.
    (iv) Hours of operation on a daily basis.
    (v) Tuning, adjustments, or other combustion process adjustments
and the date of the adjustment(s).
    (2) Any records required to be maintained by this section that are
submitted electronically via the EPA's Compliance and Emissions Data
Reporting Interface (CEDRI) may be maintained in electronic format.
This ability to maintain electronic copies does not affect the
requirement for facilities to make records, data, and reports available
upon request to the EPA as part of an on-site compliance evaluation.
    (f) Reporting requirements (1) Within 60 days after the date of
completing each performance test required by this section, you must
submit the results of the performance test following the procedures
specified in paragraphs (f)(1)(i) through (iii):
    (i) Data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to the EPA via the CEDRI or analogous electronic
reporting approach provided by the EPA to report data required by this
section, which can be accessed through the EPA's Central Data Exchange
(CDX) (https://cdx.epa.gov/). The data must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the extensible markup language (XML)
schema listed on the EPA's ERT website.
    (ii) Data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test. The results of the performance test must be included as an
attachment in the ERT or an alternate electronic file consistent with
the XML schema listed on the EPA's ERT website. Submit the ERT
generated package or alternative file to the EPA via CEDRI.
    (iii) Confidential business information (CBI). Do not use CEDRI to
submit information you claim as CBI. Anything submitted using CEDRI
cannot later be claimed CBI. Although we do not expect persons to
assert a claim of CBI, if you wish to assert a CBI claim for some of
the information submitted under paragraphs (f)(1)(i) or (ii) of this
section, you must submit a complete file, including information claimed
to be CBI, to the EPA. The file must be generated using the EPA's ERT
or an alternate electronic file consistent with the XML schema listed
on the EPA's ERT website. Submit the file on a compact disc, flash
drive, or other commonly used electronic storage medium and clearly
mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/
CORE CBI Office, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The
same file with the CBI omitted must be submitted to the EPA via the
EPA's CDX as described in paragraphs (f)(1)(i) and (ii). All CBI claims
must be asserted at the time of submission. Furthermore, under CAA
section 114(c), emissions data is not entitled to confidential
treatment, and the EPA is required to make emissions data available to
the public. Thus, emissions data will not be protected as CBI and will
be made publicly available.
    (2) If you are the owner or operator of an affected engine, you
shall submit a semi-annual report, at least every six months, in PDF
format to the EPA via CEDRI or analogous electronic reporting approach
provided by the EPA to report data required by this section. The report
shall contain the following information:
    (i) The name and address of the owner and operator;
    (ii) The address of the subject engine;
    (iii) Longitude and latitude coordinates of the subject engine;
    (iv) Identification of the subject engine;
    (v) Statement of compliance with the applicable emission limit
under Sec.  52.41(b);
    (vi) Statement of compliance regarding the conduct of maintenance
and operations in a manner consistent with good air pollution control
practices for minimizing emissions;
    (vii) The date and results of the performance test conducted
pursuant to Sec.  52.41(d);
    (viii) If applicable, a statement documenting any change in the
operating characteristics of the subject engine; and
    (ix) A statement certifying that the information included in the
semi-annual report is complete and accurate.
    (3) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (f)(3)(i) through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (v) You must provide to the Administrator a written description
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (vi) The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
    (vii) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (4) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (f)(4)(i) through (v) of this section.
    (i) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the

affected facility (e.g., large scale power outage).
    (ii) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (iv) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

Sec.  52.42   What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Cement and Concrete Product Manufacturing Industry?

    (a) Definitions. All terms not defined herein shall have the
meaning given them in the Act and in subpart A of part 60.
    Affected unit means a cement kiln meeting the applicability
criteria of this section.
    Cement plant means any facility manufacturing cement by either the
wet or dry process.
    Clinker means the product of a cement kiln from which finished
cement is manufactured by milling and grinding.
    Cement kiln means an installation, including any associated pre-
heater or pre-calciner devices, that produces clinker by heating
limestone and other materials to produce Portland cement.
    Operating day means a 24-hour period beginning at 12:00 midnight
during which the kiln produces clinker at any time.
    Rolling average means the weighted average of all data, meeting QA/
QC requirements or otherwise normalized, collected during the
applicable averaging period. The period of a rolling average stipulates
the frequency of data averaging and reporting. To demonstrate
compliance with an operating parameter a 30-day rolling average period
requires calculation of a new average value each operating day and
shall include the average of all the hourly averages of the specific
operating parameter. For demonstration of compliance with an emissions
limit based on pollutant concentration, a 30-day rolling average is
comprised of the average of all the hourly average concentrations over
the previous 30 operating days. For demonstration of compliance with an
emissions limit based on lbs-pollutant per production unit, the 30-day
rolling average is calculated by summing the hourly mass emissions over
the previous 30 operating days, then dividing that sum by the total
production during the same period.
    (b) Applicability. You are subject to the requirements of this
section if you own or operate a new or existing cement kiln that emits
or has the potential to emit 100 tons per year or more of
NOX and is located within any of the States listed in Sec.
52.40(a)(1)(ii), including Indian country located within the borders of
any such State(s).
    (c) Emission limitations (1) If you own or operate a cement kiln
under paragraph (b) of this section you are subject to the
NOX emissions limits in the following table and the
NOX source cap limit under paragraph (c)(2) of this section,
beginning with the 2026 ozone season and in each ozone season
thereafter.

                       Table 1 to Paragraph (c)(1)
------------------------------------------------------------------------
                                                           Proposed NOX
                                                             emissions
                        Kiln type                          limit (lb/ton
                                                            of clinker)

------------------------------------------------------------------------
Long Wet................................................             4.0
Long Dry................................................             3.0
Preheater...............................................             3.8
Precalciner.............................................             2.3
Preheater/Precalciner...................................             2.8
------------------------------------------------------------------------

    (2) The NOX source cap limit is calculated in accordance
with the following equation:
[GRAPHIC] [TIFF OMITTED] TP06AP22.004

Where:

CAP2015 Ozone Transport = total allowable NOX emissions
from all cement kilns located at one cement plant, in tons per day,
on a 30-operating day rolling average basis;
KD = 1.7 pounds NOX per ton of clinker for dry preheater-
precalciner or precalciner kilns;
KW = 3.4 pounds NOX per ton of clinker for long wet
kilns;
ND = the average annual production in tons of clinker plus one
standard deviation for the three most recent calendar years from all
dry preheater-precalciner or precalciner kilns located at one cement
plant; and
NW = the average annual production in tons of clinker plus one
standard deviation for the three most recent calendar years from all
long wet kilns located at one cement plant.

    (d)Testing and monitoring requirements (1) If you own or operate a
cement manufacturing plant subject to the NOX emissions
limits under paragraph (c) of this section you must conduct performance
tests, on a semi-annual basis, in accordance with the applicable
reference test methods of 40 CFR part 60, Appendix A, any alternative
test method approved by EPA as of April 6, 2022 under 40 CFR 59.104(f),
60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and
available at EPA's website (https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods), or other methods and procedures
approved by EPA through notice-and-comment rulemaking. You must
calculate and record the 30-operating day rolling emission rate of
NOX as the total of all hourly emissions data for a cement
kiln in the preceding 30 days, divided by the total tons of clinker
produced in that kiln during the same 30-operating day period using
Equation 6 of 40 CFR 60.64(c)(1), shown in this equation:

[GRAPHIC] [TIFF OMITTED] TP06AP22.005

Where:
E30D = 30 kiln operating day average emission rate of
NOX, in lbs/ton of clinker.
Ci = Concentration of NOX for hour i, in ppm.
Qi = Volumetric flow rate of effluent gas for hour i, where Ci and
Qi are on the same basis (either wet or dry), in scf/hr.
P = 30 days of clinker production during the same time period as the
NOX emissions measured, in tons.
k = Conversion factor, 1.194 x 10-7 for NOX,
in lb/scf/ppm.
n = Number of kiln operating hours over 30 kiln operating days.

    (e) Recordkeeping requirements (1) If you own or operate a cement
manufacturing plant subject to the NOX emissions limits
under paragraph (c) of this section you must retain records of the
calculations and measurements as required in paragraph (d) of this
section for the 5-year period specified in 52.40(b)(3).
    (2) Any records required to be maintained by this section that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to the EPA as part of an on-site
compliance evaluation.
    (f) Reporting requirements (1) Within 60 days after the date of
completing each performance test required by this section, you must
submit the results of the performance test following the procedures
specified in paragraphs (f)(1)(i) through (iii) of this section:
    (i) Data collected using test methods supported by the EPA's ERT as
listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of
the test. Submit the results of the performance test to the EPA via the
CEDRI or analogous electronic reporting approach provided by the EPA to
report data required by this section, which can be accessed through the
EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file
format generated using the EPA's ERT. Alternatively, you may submit an
electronic file consistent with the XML schema listed on the EPA's ERT
website.
    (ii) Data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT website at the time of the
test. The results of the performance test must be included as an
attachment in the ERT or an alternate electronic file consistent with
the XML schema listed on the EPA's ERT website. Submit the ERT
generated package or alternative file to the EPA via CEDRI.
    (iii) CBI. Do not use CEDRI to submit information you claim as CBI.
Anything submitted using CEDRI cannot later be claimed CBI. Although we
do not expect persons to assert a claim of CBI, if you wish to assert a
CBI claim for some of the information submitted under paragraph
(f)(1)(i) or (ii) of this section, you must submit a complete file,
including information claimed to be CBI, to the EPA. The file must be
generated using the EPA's ERT or an alternate electronic file
consistent with the XML schema listed on the EPA's ERT website. Submit
the file on a compact disc, flash drive, or other commonly used
electronic storage medium and clearly mark the medium as CBI. Mail the
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, MD C404-02, 4930
Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must
be submitted to the EPA via the EPA's CDX as described in paragraphs
(f)(1)(i) and (ii) of this section. All CBI claims must be asserted at
the time of submission. Furthermore, under CAA section 114(c),
emissions data is not entitled to confidential treatment, and the EPA
is required to make emissions data available to the public. Thus,
emissions data will not be protected as CBI and will be made publicly
available.
    (2) If you are the owner or operator of an affected cement kiln,
you shall submit a semi-annual, at least every six months, report in
PDF format to the EPA via CEDRI or analogous electronic reporting
approach provided by the EPA to report data required by this section.
    (3) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (f)(3)(i) through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (v) You must provide to the Administrator a written description
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (vi) The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
    (vii) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (4) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (f)(4)(i) through (v) of this section.
    (i) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).

    (ii) You must submit notification to the Administrator in writing
as soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (C) A description of measures taken or to be taken to minimize the
delay in reporting; and
    (D) The date by which you propose to report, or if you have already
met the reporting requirement at the time of the notification, the date
you reported.
    (iv) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.

Sec.  52.43   What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
the Iron and Steel Mills and Ferroalloy Manufacturing Industry?

    (a) Definitions. All terms not defined herein shall have the
meaning given them in the Act and in subpart A of part 60.
    Affected unit means any annealing furnace, basic oxygen process
furnace, blast furnace, coke oven facility, electric arc furnace, ladle
metallurgy furnace, ladle/tundish preheating system, reheat furnace,
taconite production kiln, vacuum degasser, and industrial boiler
meeting the applicability criteria of this section, and any such unit
contained within a BOF Shop meeting the applicability criteria of this
section.
    Annealing furnace shall mean a furnace used to heat materials at
very high temperatures to change their hardness and strength
properties.
    Basic Oxygen Process Furnace (BOF) shall mean a refractory-lined
vessel in which high-purity oxygen is blown under pressure through a
bath of molten iron, scrap metal, and fluxes to produce steel. This
definition includes both top and bottom blown furnaces, but does not
include argon oxygen decarburization furnaces.
    Blast furnace means refractory-lined furnaces charged through its
top with iron ore pellets (taconite), sinter, flux (limestone and
dolomite), and coke in a reducing atmosphere to produce iron.
    BOF Shop means the place where steel making operations occur,
beginning with the transfer of molten iron (hot metal) from the torpedo
car and ending just prior to casting the molten steel, including hot
metal transfer, desulfurization, slag skimming, refining in a basic
oxygen process furnace, and ladle metallurgy.
    BOF Baghouse System means the control system for control of
emissions from charging and tapping of the BOFs, including the capture
hoods, ductwork and the BOF Baghouse.
    Coke means carbon product that is formed by the thermal
distillation of coal at high temperatures in the absence of air in coke
oven batteries.
    Coke Ovens means ovens producing coke for use in blast furnaces.