hourly emissions data for an affected unit in the preceding 30 days,
divided by the total tons of glass produced in that affected unit
during the same 30-day period. Direct measurement or material balance
using good engineering practice shall be used to determine the amount
of glass produced during the performance test.

The rate of glass produced is defined as the weight of glass pulled
from the affected unit during the performance test divided by the
number of hours taken to perform the performance test.
    (2) If you are the owner or operator of an affected unit subject to
the NOX emissions limits under paragraph (c)(1) of this
section and are operating a NOX CEMS that monitors
NOX emissions from the affected unit, you may use the CEMS
data in lieu of the annual performance tests and parametric monitoring
required under this section. You must meet the following requirements
for using CEMS to monitor NOX emissions:
    (i) You shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
NOX emissions and either oxygen (O2) or carbon
dioxide (CO2).
    (ii) The CEMS shall be operated and data recorded during all
periods of operation during the ozone season of the affected unit
except for CEMS breakdowns and repairs. Data shall be recorded during
calibration checks and zero and span adjustments.
    (iii) The 1-hour average NOX emissions rates measured by
the CEMS shall be expressed in terms of lbs/ton of glass and shall be
used to calculate the average emissions rates to demonstrate compliance
with the applicable emissions limits in this section.
    (iv) The procedures under 40 CFR 60.13 shall be followed for
installation, evaluation, and operation of the continuous monitoring
systems.
    (v) When NOX emissions data are not obtained because of
CEMS breakdowns, repairs, calibration checks and zero and span
adjustments, emissions data will be obtained by using standby
monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A
of 40 CFR part 60, appendix A-4, or other approved reference methods to
provide emissions data for a minimum of 75 percent of the operating
hours in each affected unit operating day, in at least 22 out of 30
successive operating days.
    (3) If you are the owner or operator of an affected unit not
operating NOX CEMS, you must conduct an initial performance
test before the 2026 ozone season to establish appropriate indicator
ranges for operating parameters and continuously monitor those operator
parameters consistent with the requirements of paragraphs (g)(3)(i)
through (iv) of this section.
    (i) You must monitor and record stack exhaust gas flow rate, hourly
glass production, and stack exhaust gas temperature during the initial
performance test and subsequent annual performance tests to demonstrate
continuous compliance with your NOX emissions limits.
    (ii) You must use the stack exhaust gas flow rate, hourly glass
production, and stack exhaust gas temperature during the initial
performance test and subsequent annual performance tests as
NOX CEMS indicators to demonstrate continuous compliance and
establish a site-specific indicator ranges for these operating
parameters.
    (iii) You must repeat the performance test annually to reassess and
adjust the site-specific operating parameter indicator ranges in
accordance with the results of the performance test.
    (iv) You must report and include your ongoing site-specific
operating parameter data in the annual reports required under paragraph
(h) of this section and semi-annual title V monitoring reports to the
relevant permitting authority.
    (4) If you are the owner or operator of an affected unit seeking to
comply with the requirements for startup under paragraph (d) of this
section or shutdown under paragraph (e) of this section in lieu of the
applicable emissions limit under paragraph (c) of this section, you
must monitor material process flow rates, fuel throughput, oxidant flow
rate, and the selected system operating parameters in accordance with
paragraphs (d)(1)(ii) and (e)(1)(ii) of this section.
    (h) Recordkeeping requirements. (1) If you are the owner or
operator of an affected unit, you shall maintain records of the
following information for each day the affected unit operates:
    (i) Calendar date;
    (ii) The average hourly NOX emissions rates measured or
predicted;
    (iii) The 30-day average NOX emissions rates calculated
at the end of each affected unit operating day from the measured or
predicted hourly NOX emissions rates for the preceding 30
operating days;
    (iv) Identification of the affected unit operating days when the
calculated 30-day average NOX emissions rates are in excess
of the applicable site-specific NOX emissions limit with the
reasons for such excess emissions as well as a description of
corrective actions taken;
    (v) Identification of the affected unit operating days for which
pollutant data have not been obtained, including reasons for not
obtaining sufficient data and a description of corrective actions
taken;
    (vi) Identification of the times when emissions data have been
excluded from the calculation of average emissions rates and the
reasons for excluding data;
    (vii) If a CEMS is used to verify compliance:
    (A) Identification of the times when the pollutant concentration
exceeded full span of the CEMS;
    (B) Description of any modifications to the CEMS that could affect
the ability of the CEMS to comply with Performance Specification 2 or 3
in appendix B to 40 CFR part 60; and
    (C) Results of daily CEMS drift tests and quarterly accuracy
assessments as required under Procedure 1 of 40 CFR part 60, appendix
F;
    (D) Operating parameters required under paragraph (g) to
demonstrate compliance during the ozone season;
    (viii) Each fuel type, usage, and heat content; and
    (ix) Glass production rate.
    (2) If you are the owner or operator of an affected unit, you shall
maintain all records necessary to demonstrate compliance with the
startup and shutdown requirements in paragraphs (d) and (e) of this
section, including but not limited to records of material process flow
rates, system operating parameters, the duration of each startup and
shutdown period, fuel throughput, oxidant flow rate, and any additional
records necessary to determine whether the stoichiometric ratio of the
primary furnace combustion system exceeded 5 percent excess oxygen
during startup.
    (3) If you are the owner or operator of an affected unit, you shall
maintain records of daily NOX emissions in pounds per day
for purposes of determining compliance with the applicable emissions
limit for idling periods under paragraph (f)(2) of this section. Each
owner or operator shall also record the duration of each idling period.
    (i) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you must submit the results of the performance test
or performance evaluation of the CEMS following the procedures
specified in Sec.  52.40(g) within 60 days after the date of completing
each performance test required by this section.
    (2) If you are the owner or operator of an affected unit, you are
required to submit excess emissions reports for any excess emissions
that occurred during the reporting period. Excess emissions are defined
as any calculated 30-day rolling average NOX emissions rate
that exceeds the applicable emissions limit in paragraph (c) of this
section. Excess emissions reports must be submitted in PDF format to
the EPA via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section following the
procedures specified in Sec.  52.40(g).

    (3) If you own or operate an affected unit, you shall submit an
annual report in PDF format to the EPA by January 30th of each year via
CEDRI or analogous electronic reporting approach provided by the EPA to
report data required by this section. Annual reports shall be submitted
following the procedures in Sec.  52.40(g). The report shall include
records all records required by paragraph (g) of this section,
including record of CEMS data or operating parameters to demonstrate
continuous compliance the applicable emissions limits under paragraphs
(c) of this section.
    (j) Initial notification requirements for existing affected units.
(1) The requirements of this paragraph (j) apply to the owner or
operator of an existing affected unit.
    (2) The owner or operator of an existing affected unit that emits
or has a potential to emit greater than 100 tons per year or greater as
of August 4, 2023, shall notify the Administrator via the CEDRI or
analogous electronic submission system provided by the EPA that the
unit is subject to this section. The notification, which shall be
submitted not later than June 23, 2023, shall be submitted in PDF
format to the EPA via CEDRI, which can be accessed through the EPA's
CDX (https://cdx.epa.gov/). The notification shall provide the
following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected unit;
    (iii) An identification of the relevant standard, or other
requirement, that is the basis for the notification and the unit's
compliance date; and
    (iv) A brief description of the nature, size, design, and method of
operation of the facility and an identification of the types of
emissions points (units) within the facility subject to the relevant
standard.

Sec.  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, the Pulp, Paper, and Paperboard Mills Industries, Metal
Ore Mining, and the Iron and Steel and Ferroalloy Manufacturing
Industries?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given to them in the Act and in subpart A of 40 CFR
part 60.
    Affected unit means an industrial boiler meeting the applicability
criteria of this section.
    Boiler means an enclosed device using controlled flame combustion
and having the primary purpose of recovering thermal energy in the form
of steam or hot water. Controlled flame combustion refers to a steady-
state, or near steady-state, process wherein fuel and/or oxidizer feed
rates are controlled.
    Coal means ``coal'' as defined in 40 CFR 60.41b.
    Distillate oil means ``distillate oil'' as defined in 40 CFR
60.41b.
    Maximum heat input capacity means means the ability of a steam
generating unit to combust a stated maximum amount of fuel on a steady
state basis, as determined by the physical design and characteristics
of the steam generating unit.
    Natural gas means ``natural gas'' as defined in 40 CFR 60.41.
    Operating day means a 24-hour period between 12:00 midnight and the
following midnight during which any fuel is combusted at any time in
the steam generating unit. It is not necessary for fuel to be combusted
continuously for the entire 24-hour period.
    Residual oil means ``residual oil'' as defined in 40 CFR 60.41c.
    (b) Applicability. (1) The requirements of this section apply to
each new or existing boiler with a design capacity of 100 mmBtu/hr or
greater that receives 90% or more of its heat input from coal, residual
oil, distillate oil, natural gas, or combinations of these fuels in the
previous ozone season, is located at sources that are within the Basic
Chemical Manufacturing industry, the Petroleum and Coal Products
Manufacturing industry, the Pulp, Paper, and Paperboard industry, the
Metal Ore Mining industry, and the Iron and Steel and Ferroalloys
Manufacturing industry and which is located within any of the States
listed in Sec.  52.40(c)(2), including Indian country located within
the borders of any such State(s). The requirements of this section do
not apply to an emissions unit that meets the requirements for a low-
use exemption as provided in paragraph (b)(2) of this section.
    (2) If you are the owner or operator of a boiler meeting the
applicability criteria of paragraph (b)(1) of this section that
operates less than 10% per year on an hourly basis, based on the three
most recent years of use and no more than 20% in any one of the three
years, you are exempt from meeting the emissions limits of this section
and are only subject to the recordkeeping and reporting requirements of
paragraph (f)(2) of this section.
    (i) If you are the owner or operator of an affected unit that
exceeds the 10% per year hour of operation over three years or the 20%
hours of operation per year criteria, you can no longer comply via the
low-use exemption provisions and must meet the applicable emissions
limits and other applicable provisions as soon as possible but not
later than one year from the date eligibility as a low-use boiler was
negated by exceedance of the low-use boiler criteria.
    (ii) [Reserved]
    (c) Emissions limitations. If you are the owner or operator of an
affected unit, you must meet the following emissions limitations on a
30-day rolling average basis during the 2026 ozone season and in each
ozone season thereafter:
    (1) Coal-fired industrial boilers: 0.20 lbs NOX/mmBtu;
    (2) Residual oil-fired industrial boilers: 0.20 lbs NOX/
mmBtu;
    (3) Distillate oil-fired industrial boilers: 0.12 lbs
NOX/mmBtu;
    (4) Natural gas-fired industrial boilers: 0.08 lbs NOX/
mmBtu; and
    (5) Boilers using combinations of fuels listed in paragraphs (c)(1)
through (4) of this section: such units shall comply with a
NOX emissions limit derived by summing the products of each
fuel's heat input and respective emissions limit and dividing by the
sum of the heat input contributed by each fuel.
    (d) Testing and monitoring requirements. (1) If you are the owner
or operator of an affected unit, you shall conduct an initial
compliance test as described in 40 CFR 60.8 using the continuous system
for monitoring NOX specified by EPA Test Method 7E of 40 CFR
part 60, appendix A-4, to determine compliance with the emissions
limits for NOX identified in paragraph (c) of this section.
In lieu of the timing of the compliance test described in 40 CFR
60.8(a), you shall conduct the test within 90 days from the
installation of the pollution control equipment used to comply with the
NOX emissions limits in paragraph (c) of this section and no
later than May 1, 2026.
    (i) For the initial compliance test, you shall monitor
NOX emissions from the affected unit for 30 successive
operating days and the 30-day average emissions rate will be used to
determine compliance with the NOX emissions limits in
paragraph (c) of this section. You shall calculate the 30-day average
emission rate as the average of all hourly emissions data recorded by
the monitoring system during the 30-day test period.
    (ii) You are not required to conduct an initial compliance test if
the affected unit is subject to a pre-existing, federally enforceable
requirement to monitor its NOX emissions using a

CEMS in accordance with 40 CFR 60.13 or 40 CFR part 75.
    (2) If you are the owner or operator of an affected unit with a
heat input capacity of 250 mmBTU/hr or greater, you are subject to the
following monitoring requirements:
    (i) You shall install, calibrate, maintain, and operate a
continuous emissions monitoring system (CEMS) for measuring
NOX emissions and either oxygen (O2) or carbon
dioxide (CO2), unless the Administrator has approved a
request from you to use an alternative monitoring technique under
paragraph (d)(2)(vii) of this section. If you have previously installed
a NOX emissions rate CEMS to meet the requirements of 40 CFR
60.13 or 40 CFR part 75 and continue to meet the ongoing requirements
of 40 CFR 60.13 or 40 CFR part 75, that CEMS may be used to meet the
monitoring requirements of this section.
    (ii) You shall operate the CEMS and record data during all periods
of operation during the ozone season of the affected unit except for
CEMS breakdowns and repairs. You shall record data during calibration
checks and zero and span adjustments.
    (iii) You shall express the 1-hour average NOX emissions
rates measured by the CEMS in terms of lbs/mmBtu heat input and shall
be used to calculate the average emissions rates under paragraph (c) of
this section.
    (iv) Following the date on which the initial compliance test is
completed, you shall determine compliance with the applicable
NOX emissions limit in paragraph (c) of this section during
the ozone season on a continuous basis using a 30-day rolling average
emissions rate unless you monitor emissions by means of an alternative
monitoring procedure approved pursuant to paragraph (d)(2)(vii) of this
section. You shall calculate a new 30-day rolling average emissions
rate for each operating day as the average of all the hourly
NOX emissions data for the preceding 30 operating days.
    (v) You shall follow the procedures under 40 CFR 60.13 for
installation, evaluation, and operation of the continuous monitoring
systems. Additionally, you shall use a span value of 1000 ppm
NOX for affected units combusting coal and span value of 500
ppm NOX for units combusting oil or gas. As an alternative
to meeting these span values, you may elect to use the NOX
span values determined according to section 2.1.2 in appendix A to 40
CFR part 75.
    (vi) When you are unable to obtain NOX emissions data
because of CEMS breakdowns, repairs, calibration checks and zero and
span adjustments, you will obtain emissions data by using standby
monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A
of 40 CFR part 60, appendix A-4, or other approved reference methods to
provide emissions data for a minimum of 75 percent of the operating
hours in each affected unit operating day, in at least 22 out of 30
successive operating days.
    (vii) You may delay installing a CEMS for NOX until
after the initial performance test has been conducted. If you
demonstrate during the performance test that emissions of
NOX are less than 70 percent of the applicable emissions
limit in paragraph (c) of this section, you are not required to install
a CEMS for measuring NOX. If you demonstrate your affected
unit emits less than 70 percent of the applicable emissions limit
chooses to not install a CEMS, you must submit a written request to the
Administrator that documents the results of the initial performance
test and includes an alternative monitoring procedure that will be used
to track compliance with the applicable NOX emissions
limit(s) in paragraph (c) of this section. The Administrator may
consider the request and, following public notice and comment, may
approve the alternative monitoring procedure with or without revision,
or disapprove the request. Upon receipt of a disapproved request, you
will have one year to install a CEMS.
    (3) If you are the owner or operator of an affected unit with a
heat input capacity less than 250 mmBTU/hr, you must monitor
NOX emission via the requirements of paragraph (e)(1) of
this section or you must monitor NOX emissions by conducting
an annual test in conjunction with the implementation of a monitoring
plan meeting the following requirements:
    (i) You must conduct an initial performance test over a minimum of
24 consecutive steam generating unit operating hours at maximum heat
input capacity to demonstrate compliance with the NOX
emission standards under paragraph (c) of this section using Method 7,
7A, or 7E of appendix A-4 to 40 CFR part 60, Method 320 of appendix A
to 40 CFR part 63, or other approved reference methods.
    (ii) You must conduct annual performance tests once per calendar
year to demonstrate compliance with the NOX emission
standards under paragraph (c) of this section over a minimum of 3
consecutive steam generating unit operating hours at maximum heat input
capacity using Method 7, 7A, or 7E of appendix A-4 to 40 CFR part 60,
Method 320 of appendix A to 40 CFR part 63, or other approved reference
methods. The annual performance test must be conducted before the
affected units operates more than 400 hours in a given year.
    (iii) You must develop and comply with a monitoring plan that
relates the operational parameters to emissions of the affected unit.
The owner or operator of each affected unit shall develop a monitoring
plan that identifies the operating conditions of the affected unit to
be monitored and the records to be maintained in order to reliably
predict NOX emissions and determine compliance with the
applicable emissions limits of this section on a continuous basis. You
shall include the following information in the plan:
    (A) You shall identify the specific operating parameters to be
monitored and the relationship between these operating parameters and
the applicable NOX emission rates. Operating parameters of
the affected unit include, but are not limited to, the degree of staged
combustion (i.e., the ratio of primary air to secondary and/or tertiary
air) and the level of excess air (i.e., flue gas O2 level).
    (B) You shall include the data and information used to identify the
relationship between NOX emission rates and these operating
conditions.
    (C) You shall identify: how these operating parameters, including
steam generating unit load, will be monitored on an hourly basis during
periods of operation of the affected unit; the quality assurance
procedures or practices that will be employed to ensure that the data
generated by monitoring these operating parameters will be
representative and accurate; and the type and format of the records of
these operating parameters, including steam generating unit load, that
you will maintain.
    (4) You shall submit the monitoring plan to the EPA via the CEDRI
reporting system, and request that the relevant permitting agency
incorporate the monitoring plan into the facility's title V permit.
    (e) Recordkeeping requirements. (1) If you are the owner or
operator of an affected unit, which is not a low-use boiler, you shall
maintain records of the following information for each day the affected
unit operates during the ozone season:
    (i) Calendar date;
    (ii) The average hourly NOX emissions rates (expressed
as lbs NO2/mmBtu heat input) measured or predicted;
    (iii) The 30-day average NOX emissions rates calculated
at the end of

each affected unit operating day from the measured or predicted hourly
NOX emissions rates for the preceding 30 steam generating
unit operating days;
    (iv) Identification of the affected unit operating days when the
calculated 30-day rolling average NOX emissions rates are in
excess of the applicable NOX emissions limit in paragraph
(c) of this section with the reasons for such excess emissions as well
as a description of corrective actions taken;
    (v) Identification of the affected unit operating days for which
pollutant data have not been obtained, including reasons for not
obtaining sufficient data and a description of corrective actions
taken;
    (vi) Identification of the times when emissions data have been
excluded from the calculation of average emissions rates and the
reasons for excluding data;
    (vii) Identification of ``F'' factor used for calculations, method
of determination, and type of fuel combusted;
    (viii) Identification of the times when the pollutant concentration
exceeded full span of the CEMS;
    (ix) Description of any modifications to the CEMS that could affect
the ability of the CEMS to comply with Performance Specification 2 or 3
in appendix B to 40 CFR part 60;
    (x) Results of daily CEMS drift tests and quarterly accuracy
assessments as required under Procedure 1 of 40 CFR part 60, appendix
F; and
    (xi) The type and amounts of each fuel combusted.
    (2) If you are the owner or operator of an affected unit complying
as a low-use boiler, you must maintain the following records consistent
with the requirements of Sec.  52.40(g):
    (i) Identification and location of the boiler;
    (ii) Nameplate capacity;
    (iii) The fuel or fuels used by the boiler;
    (iv) For each operating day, the type and amount of fuel combusted,
and the date and total number of hours of operation; and
    (v) the annual hours of operation for each of the prior 3 years,
and the 3-year average hours or operation.
    (f) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you must submit the results of the performance test
or performance evaluation of the CEMS following the procedures
specified in Sec.  52.40(g) within 60 days after the date of completing
each performance test required by this section.
    (2) If you are the owner or operator of an affected unit, you are
required to submit excess emissions reports for any excess emissions
that occurred during the reporting period. Excess emissions are defined
as any calculated 30-day rolling average NOX emissions rate,
as determined under paragraph (e)(1)(iii) of this section, that exceeds
the applicable emissions limit in paragraph (c) of this section. Excess
emissions reports must be submitted in PDF format to the EPA via CEDRI
or analogous electronic reporting approach provided by the EPA to
report data required by this section following the procedures specified
in Sec.  52.40(g).
    (3) If you are the owner or operator an affected unit subject to
the continuous monitoring requirements for NOX under
paragraph (d) of this section, you shall submit reports containing the
information recorded under paragraph (d) of this section as described
in paragraph (e)(1) of this section. You shall submit compliance
reports for continuous monitoring in PDF format to the EPA via CEDRI or
analogous electronic reporting approach provided by the EPA to report
data required by this section following the procedures specified in
Sec.  52.40(g).
    (4) If you are the owner or operator of an affected unit, you shall
submit an annual report in PDF format to the EPA by January 30th of
each year via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section. Annual reports
shall be submitted following the procedures in Sec.  52.40(g).

Sec.  52.46  What are the requirements of the Federal Implementation
Plans (FIPs) relating to ozone season emissions of nitrogen oxides from
Municipal Waste Combustors?

    (a) Definitions. All terms not defined in this paragraph (a) shall
have the meaning given them in the Act and in subpart A of 40 CFR part
60.
    Affected unit means a municipal waste combustor meeting the
applicability criteria of this section.
    Chief facility operator means the person in direct charge and
control of the operation of a municipal waste combustor and who is
responsible for daily onsite supervision, technical direction,
management, and overall performance of the facility.
    Mass burn refractory municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a refractory
wall furnace. Unless otherwise specified, this includes combustors with
a cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical
rotary waterwall furnace or on a tumbling-tile grate.
    Mass burn waterwall municipal waste combustor means a field-erected
combustor that combusts municipal solid waste in a waterwall furnace.
    Municipal waste combustor, MWC, or municipal waste combustor unit
means:
    (i) Means any setting or equipment that combusts solid, liquid, or
gasified MSW including, but not limited to, field-erected incinerators
(with or without heat recovery), modular incinerators (starved-air or
excess-air), boilers (i.e., steam-generating units), furnaces (whether
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or
fluidized bed-fired), and pyrolysis/combustion units. Municipal waste
combustors do not include pyrolysis/combustion units located at
plastics/rubber recycling units. Municipal waste combustors do not
include internal combustion engines, gas turbines, or other combustion
devices that combust landfill gases collected by landfill gas
collection systems.
    (ii) The boundaries of a MWC are defined as follows. The MWC unit
includes, but is not limited to, the MSW fuel feed system, grate
system, flue gas system, bottom ash system, and the combustor water
system. The MWC boundary starts at the MSW pit or hopper and extends
through:
    (A) The combustor flue gas system, which ends immediately following
the heat recovery equipment or, if there is no heat recovery equipment,
immediately following the combustion chamber;
    (B) The combustor bottom ash system, which ends at the truck
loading station or similar ash handling equipment that transfer the ash
to final disposal, including all ash handling systems that are
connected to the bottom ash handling system; and
    (C) The combustor water system, which starts at the feed water pump
and ends at the piping exiting the steam drum or superheater.
    (iii) The MWC unit does not include air pollution control
equipment, the stack, water treatment equipment, or the turbine
generator set.
    Municipal waste combustor unit capacity means the maximum charging
rate of a municipal waste combustor unit expressed in tons per day of
municipal solid waste combusted, calculated according to the procedures
under paragraph (e)(4) of this section.
    Shift supervisor means the person who is in direct charge and
control of the operation of a municipal waste combustor and who is
responsible for onsite supervision, technical direction,

management, and overall performance of the facility during an assigned
shift.
    (b) Applicability. The requirements of this section apply to each
new or existing municipal waste combustor unit with a combustion
capacity greater than 250 tons per day (225 megagrams per day) of
municipal solid waste and which is located within any of the States
listed in Sec.  52.40(c)(2), including Indian country located within
the borders of any such State(s).
    (c) Emissions limitations. If you are the owner or operator of an
affected unit, you must meet the following emissions limitations at all
times, except during startup and shutdown, on a 30-day rolling average
basis during the 2026 ozone season and in each ozone season thereafter:
    (1) 110 ppmvd at 7 percent oxygen on a 24-hour block averaging
period; and
    (2) 105 ppmvd at 7 percent oxygen on a 30-day rolling averaging
period.
    (d) Startup and shutdown requirements. If you are the owner or
operator of an affected unit, you must comply with the following
requirements during startup and shutdown:
    (1) During periods of startup and shutdown, you shall meet the
following emissions limits at stack oxygen content:
    (i) 110 ppmvd at stack oxygen content on a 24-hour block averaging
period; and
    (ii) 105 ppmvd at stack oxygen content on a 30-day rolling
averaging period.
    (2) Duration of startup and shutdown, periods are limited to 3
hours per occurrence.
    (3) The startup period commences when the affected unit begins the
continuous burning of municipal solid waste and does not include any
warmup period when the affected unit is combusting fossil fuel or other
nonmunicipal solid waste fuel, and no municipal solid waste is being
fed to the combustor.
    (4) Continuous burning is the continuous, semicontinuous, or batch
feeding of municipal solid waste for purposes of waste disposal, energy
production, or providing heat to the combustion system in preparation
for waste disposal or energy production. The use of municipal solid
waste solely to provide thermal protection of the grate or hearth
during the startup period when municipal solid waste is not being fed
to the grate is not considered to be continuous burning.
    (5) The owner and operator of an affected unit shall minimize
NOX emissions by operating and optimizing the use of all
installed pollution control technology and combustion controls
consistent with the technological limitations, manufacturers'
specifications, good engineering and maintenance practices, and good
air pollution control practices for minimizing emissions (as defined in
40 CFR 60.11(d)) for such equipment and the unit at all times the unit
is in operation.
    (e) Testing and monitoring requirements. (1) If you are the owner
or operator of an affected unit, you shall install, calibrate,
maintain, and operate a continuous emissions monitoring system (CEMS)
for measuring the oxygen or carbon dioxide content of the flue gas at
each location where NOX are monitored and record the output
of the system. You shall comply with the following test procedures and
test methods:
    (i) You shall use a span value of 25 percent oxygen for the oxygen
monitor or 20 percent carbon dioxide for the carbon dioxide monitor;
    (ii) You shall install, evaluate, and operate the CEMS in
accordance with 40 CFR 60.13;
    (iii) You shall complete the initial performance evaluation no
later than 180 days after the date of initial startup of the affected
unit, as specified under 40 CFR 60.8;
    (iv) You shall operate the monitor in conformance with Performance
Specification 3 in 40 CFR part 60, appendix B, except for section 2.3
(relative accuracy requirement);
    (v) You shall operate the monitor in accordance with the quality
assurance procedures of 40 CFR part 60, appendix F, except for section
5.1.1 (relative accuracy test audit); and
    (vi) If you select carbon dioxide for use in diluent corrections,
you shall establish the relationship between oxygen and carbon dioxide
levels during the initial performance test according to the following
procedures and methods:
    (A) This relationship may be reestablished during performance
compliance tests; and
    (B) You shall submit the relationship between carbon dioxide and
oxygen concentrations to the EPA as part of the initial performance
test report and as part of the annual test report if the relationship
is reestablished during the annual performance test.
    (2) If you are the owner or operator of an affected unit, you shall
use the following procedures and test methods to determine compliance
with the NOX emission limits in paragraph (c) of this
section:
    (i) If you are not already operating a CEMS in accordance with 40
CFR 60.13, you shall conduct an initial performance test for nitrogen
oxides consistent with 40 CFR 60.8.
    (ii) You shall install and operate the NOX CEMS
according to Performance Specification 2 in 40 CFR part 60, appendix B,
and shall follow the requirements of 40 CFR 60.58b(h)(10).
    (iii) Quarterly accuracy determinations and daily calibration drift
tests for the CEMS shall be performed in accordance with Procedure 1 in
40 CFR part 60, appendix F.
    (iv) When NOX continuous emissions data are not obtained
because of CEMS breakdowns, repairs, calibration checks, and zero and
span adjustments, emissions data shall be obtained using other
monitoring systems as approved by the EPA or EPA Reference Method 19 in
40 CFR part 60, appendix A-7, to provide, as necessary, valid emissions
data for a minimum of 90 percent of the hours per calendar quarter and
95 percent of the hours per calendar year the unit is operated and
combusting municipal solid waste.
    (v) You shall use EPA Reference Method 19, section 4.1, in 40 CFR
part 60, appendix A-7, for determining the daily arithmetic average
NOX emissions concentration.
    (A) You may request that compliance with the NOX
emissions limit be determined using carbon dioxide measurements
corrected to an equivalent of 7 percent oxygen. The relationship
between oxygen and carbon dioxide levels for the affected unit shall be
established as specified in paragraph (e)(1)(vi) of this section.
    (B) [Reserved]
    (vi) At a minimum, you shall obtain valid CEMS hourly averages for
90 percent of the operating hours per calendar quarter and for 95
percent of the operating hours per calendar year that the affected unit
is combusting municipal solid waste:
    (A) At least 2 data points per hour shall be used to calculate each
1-hour arithmetic average.
    (B) Each NOX 1-hour arithmetic average shall be
corrected to 7 percent oxygen on an hourly basis using the 1-hour
arithmetic average of the oxygen (or carbon dioxide) continuous
emissions monitoring system data.
    (vii) The 1-hour arithmetic averages section shall be expressed in
parts per million by volume (dry basis) and used to calculate the 24-
hour daily arithmetic average concentrations. The 1-hour arithmetic
averages shall be calculated using the data points required under 40
CFR 60.13(e)(2).
    (viii) All valid CEMS data must be used in calculating emissions
averages even if the minimum CEMS data

requirements of paragraph (e)(2)(iv) of this section are not met.
    (ix) The procedures under 40 CFR 60.13 shall be followed for
installation, evaluation, and operation of the CEMS. The initial
performance evaluation shall be completed no later than 180 days after
the date of initial startup of the municipal waste combustor unit.
    (3) If you are the owner or operator of an affected unit, you must
determine compliance with the startup and shutdown requirements of
paragraph (d) of this section by following the requirements in
paragraphs (e)(3)(i) and (ii) of this section:
    (i) You can measure CEMS data at stack oxygen content. You can
dismiss or exclude CEMS data from compliance calculations, but you
shall record and report CEMS data in accordance with the provisions of
40 CFR 60.59b(d)(7).
    (ii) You shall determine compliance with the NOX mass
loading emissions limitation for periods of startup and shutdown by
calculating the 24-hour average of all hourly average NOX
emissions concentrations from continuous emissions monitoring systems.
    (A) You shall perform this calculations using stack flow rates
derived from flow monitors, for all the hours during the 3-hour startup
or shutdown period and the remaining 21 hours of the 24-hour period.
    (B) [Reserved]
    (4) If you are the owner or operator of an affected unit, you shall
calculate municipal waste combustor unit capacity using the following
procedures:
    (i) For municipal waste combustor units capable of combusting
municipal solid waste continuously for a 24-hour period, municipal
waste combustor unit capacity shall be calculated based on 24 hours of
operation at the maximum charging rate. The maximum charging rate shall
be determined as specified in paragraphs (e)(4)(i)(A) and (B) of this
section as applicable.
    (A) For combustors that are designed based on heat capacity, the
maximum charging rate shall be calculated based on the maximum design
heat input capacity of the unit and a heating value of 12,800
kilojoules per kilogram for combustors firing refuse-derived fuel and a
heating value of 10,500 kilojoules per kilogram for combustors firing
municipal solid waste that is not refuse-derived fuel.
    (B) For combustors that are not designed based on heat capacity,
the maximum charging rate shall be the maximum design charging rate.
    (ii) For batch feed municipal waste combustor units, municipal
waste combustor unit capacity shall be calculated as the maximum design
amount of municipal solid waste that can be charged per batch
multiplied by the maximum number of batches that could be processed in
a 24-hour period. The maximum number of batches that could be processed
in a 24-hour period is calculated as 24 hours divided by the design
number of hours required to process one batch of municipal solid waste,
and may include fractional batches (e.g., if one batch requires 16
hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour
period). For batch combustors that are designed based on heat capacity,
the design heating value of 12,800 kilojoules per kilogram for
combustors firing refuse-derived fuel and a heating value of 10,500
kilojoules per kilogram for combustors firing municipal solid waste
that is not refuse-derived fuel shall be used in calculating the
municipal waste combustor unit capacity in megagrams per day of
municipal solid waste.
    (f) Recordkeeping requirements. If you are the owner or operator of
an affected unit, you shall maintain records of the following
information, as applicable, for each affected unit consistent with the
requirements of Sec.  52.40(g).
    (1) The calendar date of each record.
    (2) The emissions concentrations and parameters measured using
continuous monitoring systems.
    (i) All 1-hour average NOX emissions concentrations.
    (ii) The average concentrations and percent reductions, as
applicable, including all 24-hour daily arithmetic average
NOX emissions concentrations.
    (3) Identification of the calendar dates and times (hours) for
which valid hourly NOX emissions, including reasons for not
obtaining the data and a description of corrective actions taken.
    (4) Identification of each occurrence that NOX emissions
data, or operational data (i.e., unit load) have been excluded from the
calculation of average emissions concentrations or parameters, and the
reasons for excluding the data.
    (5) The results of daily drift tests and quarterly accuracy
determinations for CEMS, as required under 40 CFR part 60, appendix F,
Procedure 1.
    (6) The following records:
    (i) Records showing the names of the municipal waste combustor
chief facility operator, shift supervisors, and control room operators
who have been provisionally certified by the American Society of
Mechanical Engineers or an equivalent State-approved certification
program as required by 40 CFR 60.54b(a) including the dates of initial
and renewal certifications and documentation of current certification;
    (ii) Records showing the names of the municipal waste combustor
chief facility operator, shift supervisors, and control room operators
who have been fully certified by the American Society of Mechanical
Engineers or an equivalent State-approved certification program as
required by 40 CFR 60.54b(b) including the dates of initial and renewal
certifications and documentation of current certification;
    (iii) Records showing the names of the municipal waste combustor
chief facility operator, shift supervisors, and control room operators
who have completed the EPA municipal waste combustor operator training
course or a State-approved equivalent course as required by 40 CFR
60.54b(d) including documentation of training completion; and
    (iv) Records of when a certified operator is temporarily off site.
Include two main items:
    (A) If the certified chief facility operator and certified shift
supervisor are off site for more than 12 hours, but for 2 weeks or
less, and no other certified operator is on site, record the dates that
the certified chief facility operator and certified shift supervisor
were off site.
    (B) When all certified chief facility operators and certified shift
supervisors are off site for more than 2 weeks and no other certified
operator is on site, keep records of four items:
    (1) Time of day that all certified persons are off site.
    (2) The conditions that cause those people to be off site.
    (3) The corrective actions taken by the owner or operator of the
affected unit to ensure a certified chief facility operator or
certified shift supervisor is on site as soon as practicable.
    (4) Copies of the reports submitted every 4 weeks that summarize
the actions taken by the owner or operator of the affected unit to
ensure that a certified chief facility operator or certified shift
supervisor will be on site as soon as practicable.
    (7) Records showing the names of persons who have completed a
review of the operating manual as required by 40 CFR 60.54b(f)
including the date of the initial review and subsequent annual reviews.
    (8) Records of steps taken to minimize emissions during startup and
shutdown as required by paragraph (d)(5) of this section.
    (g) Reporting requirements. (1) If you are the owner or operator of
an affected unit, you must submit the results of the performance test
or performance evaluation of the CEMS following the procedures
specified in Sec.  52.40(g)

within 60 days after the date of completing each performance test
required by this section.
    (2) If you are the owner or operator of an affected unit, you shall
submit an annual report in PDF format to the EPA by January 30th of
each year via CEDRI or analogous electronic reporting approach provided
by the EPA to report data required by this section. Annual reports
shall be submitted following the procedures in Sec.  52.40(g). The
report shall include all information required by paragraph (e) of this
section, including CEMS data to demonstrate compliance with the
applicable emissions limits under paragraph (c) of this section.

Subpart B--Alabama

0
5. Amend Sec.  52.54 by revising paragraphs (b)(2) and (3) and adding
paragraphs (b)(4) and (5) to read as follows:

Sec.  52.54  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (b) * * *
    (2) The owner and operator of each source and each unit located in
the State of Alabama and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of
this chapter must comply with such requirements with regard to
emissions occurring in 2017 through 2022. The obligation to comply with
such requirements with regard to sources and units in the State and
areas of Indian country within the borders of the State subject to the
State's SIP authority will be eliminated by the promulgation of an
approval by the Administrator of a revision to Alabama's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the CSAPR Federal Implementation Plan (FIP) under Sec.
52.38(b)(1) and (b)(2)(ii) for those sources and units, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in areas of Indian country within the borders of the
State not subject to the State's SIP authority will not be eliminated
by the promulgation of an approval by the Administrator of a revision
to Alabama's SIP.
    (3) The owner and operator of each source and each unit located in
the State of Alabama and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of
this chapter must comply with such requirements with regard to
emissions occurring in 2023 and each subsequent year. The obligation to
comply with such requirements with regard to sources and units in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Alabama's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Alabama's SIP.
    (4) Notwithstanding the provisions of paragraphs (b)(2) and (3) of
this section, if, at the time of the approval of Alabama's SIP revision
described in paragraph (b)(2) or (3) of this section, the Administrator
has already started recording any allocations of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances under subpart EEEEE or GGGGG, respectively, 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.
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State and Indian country within the borders of the
State for control periods after 2022) shall continue to apply.

Subpart E--Arkansas

0
6. Amend Sec.  52.184 by:
0
a. Redesignating paragraphs (a) through (c) as paragraphs (a)(1)
through (3);
0
b. In newly redesignated paragraph (a)(2):
0
i. Removing ``2017 and each subsequent year'' and adding in its place
``2017 through 2022''; and
0
ii. Removing the second sentence;
0
c. Revising newly redesignated paragraph (a)(3); and
0
d. Adding paragraphs (a)(4) and (5) and (b).
    The revision and additions read as follows:

Sec.  52.184  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *
    (3) The owner and operator of each source and each unit located in
the State of Arkansas and for which requirements are set forth under
the CSAPR NOX Ozone Season Group 3 Trading Program in
subpart GGGGG of part 97 of this chapter must comply with such
requirements with regard to emissions occurring in 2023 and each
subsequent year. The obligation to comply with such requirements will
be eliminated by the promulgation of an approval by the Administrator
of a revision to Arkansas' State Implementation Plan (SIP) as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iii),
except to the extent the Administrator's approval is partial or
conditional.
    (4) Notwithstanding the provisions of paragraph (a)(3) of this
section, if, at the time of the approval of Arkansas' SIP revision
described in paragraph (a)(3) of this section, the Administrator has
already started recording any allocations of CSAPR NOX Ozone
Season Group 3 allowances under subpart GGGGG of part 97 of this
chapter to units in the State for a control period in any year, the
provisions of subpart GGGGG of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
NOX Ozone Season Group 3 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.

    (5) Notwithstanding the provisions of paragraph (a)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State for control periods after 2022) shall continue to
apply.
    (b) The owner and operator of each source located in the State of
Arkansas and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart F--California

0
7. Add Sec.  52.284 to read as follows:

Sec.  52.284  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    The owner and operator of each source located in the State of
California and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart O--Illinois

0
8. Amend Sec.  52.731 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

Sec.  52.731  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) The owner and operator of each source located in the State of
Illinois and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart P--Indiana

0
9. Amend Sec.  52.789 by:
0
a. In paragraph (b)(2), removing ``(b)(2)(iv), except'' and adding in
its place ``(b)(2)(ii), except'';
0
b. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
c. Adding paragraph (c).
    The addition reads as follows:

Sec.  52.789  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) The owner and operator of each source located in the State of
Indiana and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart S--Kentucky

0
10. Amend Sec.  52.940 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

Sec.  52.940  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) The owner and operator of each source located in the State of
Kentucky and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart T--Louisiana

0
11. Amend Sec.  52.984 by:
0
a. In paragraph (d)(3), revising the second and third sentences;
0
b. Revising paragraph (d)(4);
0
c. In paragraph (d)(5), adding ``and Indian country within the borders
of the State'' after ``in the State''; and
0
d. Adding paragraph (e).
    The revision and addition read as follows:

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

* * * * *
    (d) * * *
    (3) * * * The obligation to comply with such requirements with
regard to sources and units in the State and areas of Indian country
within the borders of the State subject to the State's SIP authority
will be eliminated by the promulgation of an approval by the
Administrator of a revision to Louisiana's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iii) for those sources and units, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in areas of Indian country within the borders of the State not subject
to the State's SIP authority will not be eliminated by the promulgation
of an approval by the Administrator of a revision to Louisiana's SIP.
    (4) Notwithstanding the provisions of paragraph (d)(3) of this
section, if, at the time of the approval of Louisiana's SIP revision
described in paragraph (d)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
* * * * *
    (e) The owner and operator of each source located in the State of
Louisiana and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart V--Maryland

0
12. Amend Sec.  52.1084 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

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

* * * * *
    (c) The owner and operator of each source located in the State of
Maryland

and for which requirements are set forth in Sec.  52.40 and Sec.
52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.
52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart X--Michigan

0
13. Amend Sec.  52.1186 by:
0
a. In paragraph (e)(3), revising the second and third sentences;
0
b. Revising paragraph (e)(4);
0
c. In paragraph (e)(5), adding ``and Indian country within the borders
of the State'' after ``in the State''; and
0
d. Adding paragraph (f).
    The revision and addition read as follows:

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

* * * * *
    (e) * * *
    (3) * * * The obligation to comply with such requirements with
regard to sources and units in the State and areas of Indian country
within the borders of the State subject to the State's SIP authority
will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iii) for those sources and units, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in areas of Indian country within the borders of the State not subject
to the State's SIP authority will not be eliminated by the promulgation
of an approval by the Administrator of a revision to Michigan's SIP.
    (4) Notwithstanding the provisions of paragraph (e)(3) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (e)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
* * * * *
    (f) The owner and operator of each source located in the State of
Michigan and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart Y--Minnesota

0
14. Amend Sec.  52.1240 by adding paragraph (d) to read as follows:

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

* * * * *
    (d)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 3 Trading Program in subpart GGGGG of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2023 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Minnesota's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.

Subpart Z--Mississippi

0
15. Amend Sec.  52.1284 by:
0
a. Redesignating paragraphs (a) through (c) as paragraphs (a)(1)
through (3);
0
b. In newly redesignated paragraph (a)(2):
0
i. Removing ``2017 and each subsequent year'' and adding in its place
``2017 through 2022''; and
0
ii. Removing the second and third sentences;
0
c. Revising newly redesignated paragraph (a)(3); and
0
d. Adding paragraphs (a)(4) and (5) and (b).
    The revision and additions read as follows:

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

    (a) * * *
    (3) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 3 Trading Program in subpart GGGGG of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2023 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Mississippi's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's SIP.

    (4) Notwithstanding the provisions of paragraph (a)(3) of this
section, if, at the time of the approval of Mississippi's SIP revision
described in paragraph (a)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
    (5) Notwithstanding the provisions of paragraph (a)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State and Indian country within the borders of the
State for control periods after 2022) shall continue to apply.
    (b) The owner and operator of each source located in the State of
Mississippi and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart AA--Missouri

0
16. Amend Sec.  52.1326 by revising paragraph (b)(2) and (3) and adding
paragraphs (b)(4) and (5) and (c) to read as follows:

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

* * * * *
    (b) * * *
    (2) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under
the CSAPR NOX Ozone Season Group 2 Trading Program in
subpart EEEEE of part 97 of this chapter must comply with such
requirements with regard to emissions occurring in 2017 through 2022.
The obligation to comply with such requirements will be eliminated by
the promulgation of an approval by the Administrator of a revision to
Missouri's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(ii), except to the extent the
Administrator's approval is partial or conditional.
    (3) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under
the CSAPR NOX Ozone Season Group 3 Trading Program in
subpart GGGGG of part 97 of this chapter must comply with such
requirements with regard to emissions occurring in 2023 and each
subsequent year. The obligation to comply with such requirements will
be eliminated by the promulgation of an approval by the Administrator
of a revision to Missouri's State Implementation Plan (SIP) as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iii),
except to the extent the Administrator's approval is partial or
conditional.
    (4) Notwithstanding the provisions of paragraphs (b)(2) and (3) of
this section, if, at the time of the approval of Missouri's SIP
revision described in paragraph (b)(2) or (3) of this section, the
Administrator has already started recording any allocations of CSAPR
NOX Ozone Season Group 2 allowances or CSAPR NOX
Ozone Season Group 3 allowances under subpart EEEEE or GGGGG,
respectively, of part 97 of this chapter to units in the State 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.
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State for control periods after 2022) shall continue to
apply.
    (c) The owner and operator of each source located in the State of
Missouri and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart DD--Nevada

0
17. Add Sec.  52.1492 to read as follows:

Sec.  52.1492  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Nevada and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 3 Trading Program in subpart GGGGG of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2023 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Nevada's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Nevada's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Nevada's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97
of this chapter authorizing the Administrator to complete the
allocation and recordation of CSAPR NOX Ozone Season Group 3
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) The owner and operator of each source located in the State of
Nevada and Indian country within the borders of the State and for which
requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must comply with
such requirements with regard to emissions occurring in 2026 and each
subsequent year.

Subpart FF--New Jersey

0
18. Amend Sec.  52.1584 by:
0
a. In paragraph (e)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (f).
    The addition reads as follows:

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

* * * * *
    (f) The owner and operator of each source located in the State of
New Jersey and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart HH--New York

0
19. Amend Sec.  52.1684 by:
0
a. In paragraph (b)(3), revising the second and third sentences;
0
b. Revising paragraph (b)(4);
0
c. In paragraph (b)(5), adding ``and Indian country within the borders
of the State'' after ``in the State''; and
0
d. Adding paragraph (c).
    The revision and addition read as follows:

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

* * * * *
    (b) * * *
    (3) * * * The obligation to comply with such requirements with
regard to sources and units in the State and areas of Indian country
within the borders of the State subject to the State's SIP authority
will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iii) for those sources and units, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in areas of Indian country within the borders of the State not subject
to the State's SIP authority will not be eliminated by the promulgation
of an approval by the Administrator of a revision to New York's SIP.
    (4) Notwithstanding the provisions of paragraph (b)(3) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (b)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
* * * * *
    (c) The owner and operator of each source located in the State of
New York and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart KK--Ohio

0
20. Amend Sec.  52.1882 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

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

* * * * *
    (c) The owner and operator of each source located in the State of
Ohio and for which requirements are set forth in Sec.  52.40 and Sec.
52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.
52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart LL--Oklahoma

0
21. Amend Sec.  52.1930 by:
0
a. Redesignating paragraphs (a) through (c) as paragraphs (a)(1)
through (3);
0
b. In newly redesignated paragraph (a)(2):
0
i. Removing ``2017 and each subsequent year'' and adding in its place
``2017 through 2022''; and
0
ii. Removing the second and third sentences;
0
c. Revising newly redesignated paragraph (a)(3); and
0
d. Adding paragraphs (a)(4) and (5) and (b).
    The revision and additions read as follows:

Sec.  52.1930  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *
    (3) The owner and operator of each source and each unit located in
the State of Oklahoma and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 3 Trading Program in subpart GGGGG of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2023 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Oklahoma's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Oklahoma's SIP.
    (4) Notwithstanding the provisions of paragraph (a)(3) of this
section, if, at the time of the approval of Oklahoma's SIP revision
described in paragraph (a)(3) of this section, the Administrator has
already started recording any 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
subpart GGGGG of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of CSAPR NOX
Ozone Season Group 3 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.
    (5) Notwithstanding the provisions of paragraph (a)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State and Indian country within the borders of the
State for control periods after 2022) shall continue to apply.
    (b) The owner and operator of each source located in the State of
Oklahoma and Indian country within the borders of the State and for
which requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.
52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must
comply with such requirements with regard to emissions occurring in
2026 and each subsequent year.

Subpart NN--Pennsylvania

0
22. Amend Sec.  52.2040 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

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

* * * * *
    (c) The owner and operator of each source located in the State of
Pennsylvania and for which requirements are set forth in Sec.  52.40
and Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart SS--Texas

0
23. Amend Sec.  52.2283 by:
0
a. In paragraph (d)(2):
0
i. Removing ``2017 and each subsequent year'' and adding in its place
``2017 through 2022''; and
0
ii. Removing the second and third sentences;
0
b. Revising paragraph (d)(3); and
0
c. Adding paragraphs (d)(4) and (5) and (e).
    The revision and additions read as follows:

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

* * * * *
    (d) * * *
    (3) The owner and operator of each source and each unit located in
the State of Texas and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of
this chapter must comply with such requirements with regard to
emissions occurring in 2023 and each subsequent year. The obligation to
comply with such requirements with regard to sources and units in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Texas' State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Texas' SIP.
    (4) Notwithstanding the provisions of paragraph (d)(3) of this
section, if, at the time of the approval of Texas' SIP revision
described in paragraph (d)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
    (5) Notwithstanding the provisions of paragraph (d)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State and Indian country within the borders of the
State for control periods after 2022) shall continue to apply.
    (e) The owner and operator of each source located in the State of
Texas and Indian country within the borders of the State and for which
requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must comply with
such requirements with regard to emissions occurring in 2026 and each
subsequent year.

Subpart TT--Utah

0
24. Add Sec.  52.2356 to read as follows:

Sec.  52.2356  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Utah and Indian country within the borders of the State
and for which requirements are set forth under the CSAPR NOX
Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of
this chapter must comply with such requirements with regard to
emissions occurring in 2023 and each subsequent year. The obligation to
comply with such requirements with regard to sources and units in the
State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Utah's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal

Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for
those sources and units, except to the extent the Administrator's
approval is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in areas of
Indian country within the borders of the State not subject to the
State's SIP authority will not be eliminated by the promulgation of an
approval by the Administrator of a revision to Utah's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Utah's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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) The owner and operator of each source located in the State of
Utah and Indian country within the borders of the State and for which
requirements are set forth in Sec.  52.40 and Sec.  52.41, Sec.  52.42,
Sec.  52.43, Sec.  52.44, Sec.  52.45, or Sec.  52.46 must comply with
such requirements with regard to emissions occurring in 2026 and each
subsequent year.

Subpart VV--Virginia

0
25. Amend Sec.  52.2440 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

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

* * * * *
    (c) The owner and operator of each source located in the State of
Virginia and for which requirements are set forth in Sec.  52.40 and
Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart XX--West Virginia

0
26. Amend Sec.  52.2540 by:
0
a. In paragraph (b)(3), removing ``(b)(2)(v), except'' and adding in
its place ``(b)(2)(iii), except''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

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

* * * * *
    (c) The owner and operator of each source located in the State of
West Virginia and for which requirements are set forth in Sec.  52.40
and Sec.  52.41, Sec.  52.42, Sec.  52.43, Sec.  52.44, Sec.  52.45, or
Sec.  52.46 must comply with such requirements with regard to emissions
occurring in 2026 and each subsequent year.

Subpart YY--Wisconsin

0
27. Amend Sec.  52.2587 by:
0
a. In paragraph (e)(2):
0
i. Removing ``2017 and each subsequent year'' and adding in its place
``2017 through 2022''; and
0
ii. Removing the second and third sentences;
0
b. Revising paragraph (e)(3); and
0
c. Adding paragraphs (e)(4) and (5).
    The revision and additions read as follows:

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

* * * * *
    (e) * * *
    (3) The owner and operator of each source and each unit located in
the State of Wisconsin and Indian country within the borders of the
State and for which requirements are set forth under the CSAPR
NOX Ozone Season Group 3 Trading Program in subpart GGGGG of
part 97 of this chapter must comply with such requirements with regard
to emissions occurring in 2023 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State and areas of Indian country within the borders of the State
subject to the State's SIP authority will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Wisconsin's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iii) for those sources and
units, except to the extent the Administrator's approval is partial or
conditional. The obligation to comply with such requirements with
regard to sources and units located in areas of Indian country within
the borders of the State not subject to the State's SIP authority will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Wisconsin's SIP.
    (4) Notwithstanding the provisions of paragraph (e)(3) of this
section, if, at the time of the approval of Wisconsin's SIP revision
described in paragraph (e)(3) of this section, the Administrator has
already started recording any 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 subpart GGGGG of part 97 of this
chapter authorizing the Administrator to complete the allocation and
recordation of CSAPR NOX Ozone Season Group 3 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.
    (5) Notwithstanding the provisions of paragraph (e)(2) of this
section, after 2022 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), 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
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 such allowances allocated
to units in the State and Indian country within the borders of the
State for control periods after 2022) shall continue to apply.

PART 75--CONTINUOUS EMISSION MONITORING

0
28. The authority citation for part 75 is revised to read as follows:

    Authority:  42 U.S.C. 7401-7671q and 7651k note.

Subpart H--NOX Mass Emissions Provisions

0
29. Amend Sec.  75.72 by:
0
a. In paragraph (c)(3), removing ``appendix B of this part'' and adding
in its place ``appendix B to this part'';
0
b. In paragraph (e)(1)(ii), removing ``heat input from'' and adding in
its place ``heat input rate to'';
0
c. In paragraph (e)(2), removing ``appendix D of this part'' and adding
in its place ``appendix D to this part''; and

0
d. Adding paragraph (f).
    The addition reads as follows:

Sec.  75.72  Determination of NOX mass emissions for common stack and
multiple stack configurations.

* * * * *
    (f) Procedures for apportioning hourly NOX mass emission rate to
the unit level. If the owner or operator of a unit determining hourly
NOX mass emission rate at a common stack under this section
is subject to a State or Federal NOX mass emissions
reduction program under subpart GGGGG of part 97 of this chapter or
under a state implementation plan approved pursuant to Sec.
52.38(b)(12) of this chapter, then on and after January 1, 2024, the
owner or operator shall apportion the hourly NOX mass
emissions rate at the common stack to each unit using the common stack
based on the ratio of the hourly heat input rate for each such unit to
the total hourly heat input rate for all such units, in conjunction
with the appropriate unit and stack operating times, according to the
procedures in section 8.5.3 of appendix F to this part.
* * * * *

0
30. Amend Sec.  75.73 by:
0
a. Revising paragraph (a)(3);
0
b. In paragraph (c)(1), removing ``NOX emissions'' and
adding in its place ``NOX emissions'';
0
c. Adding a heading to paragraph (c)(2);
0
d. Revising paragraphs (c)(3) and (f)(1) introductory text;
0
e. Removing and reserving paragraph (f)(1)(i)(B);
0
f. In paragraph (f)(1)(ii)(G), removing ``appendix D;'' and adding in
its place ``appendix D to this part;'';
0
g. Adding paragraphs (f)(1)(ix) and (x);
0
h. Adding a heading to paragraph (f)(2); and
0
i. Revising paragraph (f)(4).
    The revisions and additions read as follows:

Sec.  75.73  Recordkeeping and reporting.

    (a) * * *
    (3) For each hour when the unit is operating, NOX mass
emission rate, calculated in accordance with section 8 of appendix F to
this part.
* * * * *
    (c) * * *
    (2) Monitoring plan updates. * * *
    (3) Contents of the monitoring plan. Each monitoring plan shall
contain the information in Sec.  75.53(g)(1) in electronic format and
the information in Sec.  75.53(g)(2) in hardcopy format. In addition,
to the extent applicable, each monitoring plan shall contain the
information in Sec.  75.53(h)(1)(i) and (h)(2)(i) in electronic format
and the information in Sec.  75.53(h)(1)(ii) and (h)(2)(ii) in hardcopy
format. For units using the low mass emissions excepted methodology
under Sec.  75.19, the monitoring plan shall include the additional
information in Sec.  75.53(h)(4)(i) and (ii). The monitoring plan also
shall include a seasonal controls indicator and an ozone season fuel-
switching flag.
* * * * *
    (f) * * *
    (1) Electronic submission. The designated representative for an
affected unit shall electronically report the data and information in
this paragraph (f)(1) and in paragraphs (f)(2) and (3) of this section
to the Administrator quarterly, unless the unit has been placed in
long-term cold storage (as defined in Sec.  72.2 of this chapter). Each
electronic report must be submitted to the Administrator within 30 days
following the end of each calendar quarter. Each electronic report
shall include the information provided in paragraphs (f)(1)(i) through
(x) of this section and shall also include the date of report
generation. A unit placed into long-term cold storage is exempted from
submitting quarterly reports beginning with the calendar quarter
following the quarter in which the unit is placed into long-term cold
storage, provided that the owner or operator shall submit quarterly
reports for the unit beginning with the data from the quarter in which
the unit recommences operation (where the initial quarterly report
contains hourly data beginning with the first hour of recommenced
operation of the unit).
* * * * *
    (ix) On and after on January 1, 2024, for a unit subject to subpart
GGGGG of part 97 of this chapter or a state implementation plan
approved under Sec.  52.38(b)(12) of this chapter and determining
NOX mass emission rate at a common stack, apportioned hourly
NOX mass emission rate for the unit, lb/hr.
    (x) On and after January 1, 2024, for a unit that is subject to
subpart GGGGG of part 97 of this chapter or a state implementation plan
approved under Sec.  52.38(b)(12) of this chapter, that lists coal or a
solid coal-derived fuel as a fuel in the unit's monitoring plan under
Sec.  75.53 for any portion of the ozone season in the year for which
data are being reported, that serves a generator of 100 MW or larger
nameplate capacity, and that is not a circulating fluidized bed boiler,
provided that through December 31, 2029, the requirements under this
paragraph (f)(1)(x) shall apply to a unit in a given calendar year only
if the unit also was equipped with selective catalytic reduction
controls on or before September 30 of the previous year:
    (A) Daily NOX emissions (lbs) for each day of the
reporting period;
    (B) Daily heat input (mmBtu) for each day of the reporting period;
    (C) Daily average NOX emission rate (lb/mmBtu, rounded
to the nearest thousandth) for each day of the reporting period;
    (D) Daily NOX emissions (lbs) exceeding the applicable
backstop daily NOX emission rate for each day of the
reporting period;
    (E) Cumulative NOX emissions (tons, rounded to the
nearest tenth) exceeding the applicable backstop daily NOX
emission rate during the ozone season; and
    (F) Cumulative NOX emissions (tons, rounded to the
nearest tenth) exceeding the applicable backstop daily NOX
emission rate during the ozone season by more than 50 tons, calculated
as the remainder of the amount calculated under paragraph (f)(1)(x)(E)
of this section minus 50, but not less than zero.
    (2) Verification of identification codes and formulas. * * *
    (4) Electronic format, method of submission, and explanatory
information. The designated representative shall comply with all of the
quarterly reporting requirements in Sec.  75.64(d), (f), and (g).

0
31. Revise Sec.  75.75 to read as follows:

Sec.  75.75  Additional ozone season calculation procedures.

    (a) The owner or operator of a unit that is required to calculate
daily or ozone season heat input shall do so by summing the unit's
hourly heat input determined according to the procedures in this part
for all hours in which the unit operated during the day or ozone
season.
    (b) The owner or operator of a unit that is required to determine
daily or ozone season NOX emission rate (in lbs/mmBtu) shall
do so by dividing daily or ozone season NOX mass emissions
(in lbs) determined in accordance with this subpart, by daily or ozone
season heat input determined in accordance with paragraph (a) of this
section.

0
32. Amend appendix F to part 75 by:
0
a. Adding section 5.3.3;
0
b. In section 8.1.2, revising the introductory text preceding Equation
F-25;
0
c. In section 8.4, revising the introductory text, paragraph (a)
introductory text (preceding Equation F-27), and paragraph (b)
introductory text (preceding Equation F-27a) and adding paragraph (c);
0
d. In section 8.5.2, removing ``the hourly NOX mass
emissions at each

unit'' and adding in its place ``hourly NOX mass emissions
at the common stack''; and
0
e. Adding section 8.5.3.
    The additions and revisions read as follows:

Appendix F to Part 75--Conversion Procedures

* * * * *

5. Procedures for Heat Input

* * * * *

5.3 Heat Input Summation (for Heat Input Determined Using a Flow
Monitor and Diluent Monitor)

* * * * *
    5.3.3 Calculate total daily heat input for a unit using a flow
monitor and diluent monitor to calculate heat input, using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR05JN23.003

Where:

HId = Total heat input for a unit for the day, mmBtu.
HIh = Heat input rate for the unit for hour ``h'' from
Equation F-15, F-16, F-17, F-18, F-21a, or F-21b to this appendix,
mmBtu/hr.
th = Unit operating time, fraction of the hour (0.00 to
1.00, in equal increments from one hundredth to one quarter of an
hour, at the option of the owner or operator).
h = Designation of a particular hour.
* * * * *

8. Procedures for NOX Mass Emissions

* * * * *
    8.1.2 If NOX emission rate is measured at a common
stack and heat input rate is measured at the unit level, calculate
the hourly heat input rate at the common stack according to the
following formula:
* * * * *
    8.4 Use the following equations to calculate daily, quarterly,
cumulative ozone season, and cumulative year-to-date NOX
mass emissions:
    (a) When hourly NOX mass emissions are reported in
lb., use Eq. F-27 to this appendix to calculate quarterly,
cumulative ozone season, and cumulative year-to-date NOX
mass emissions in tons.
* * * * *
    (b) When hourly NOX mass emission rate is reported in
lb/hr, use Eq. F-27a to this appendix to calculate quarterly,
cumulative ozone season, and cumulative year-to-date NOX
mass emissions in tons.
* * * * *
    (c) To calculate daily NOX mass emissions for a unit
in pounds, use Eq. F-27b to this appendix.
[GRAPHIC] [TIFF OMITTED] TR05JN23.004

Where:

M(NOX)d = NOX mass emissions for a unit for
the day, pounds.
E(NOX)h = NOX mass emission rate for the unit
for hour ``h'' from Equation F-24a, F-26a, F-26b, or F-28, lb/hr.
th = Unit operating time, fraction of the hour (0.00 to
1.00, in equal increments from one hundredth to one quarter of an
hour, at the option of the owner or operator).
h = Designation of a particular hour.
* * * * *
    8.5.3 Where applicable, the owner or operator of a unit that
determines hourly NOX mass emission rate at a common
stack shall apportion hourly NOX mass emissions rate to
the units using the common stack based on the hourly heat input
rate, using Equation F-28 to this appendix:
[GRAPHIC] [TIFF OMITTED] TR05JN23.005

Where:

E(NOX)i = Apportioned NOX mass emission rate
for the hour for unit ``i'', lb/hr.
E(NOX)CS = NOX mass emission rate for the hour
at the common stack, lb/hr.
HIi = Heat input rate for the hour for unit ``i'','' from
Equation F-15, F-16, F-17, F-18, F-21a, or F-21b to this appendix,
mmBtu/hr.
ti = Operating time for unit ``i'', fraction of the hour
(0.00 to 1.00, in equal increments from one hundredth to one quarter
of an hour, at the option of the owner or operator).
tCS = Common stack operating time, fraction of the hour
(0.00 to 1.00, in equal increments from one hundredth to one quarter
of an hour, at the option of the owner or operator).
n = Number of units using the common stack.
i = Designation of a particular unit.
* * * * *

PART 78--APPEAL PROCEDURES

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

    Authority:  42 U.S.C. 7401-7671q.

0
34. Amend Sec.  78.1 by:
0
a. In paragraphs (b)(13)(i), (b)(14)(i), (b)(15)(i), (b)(16)(i), and
(b)(17)(i), removing ``decision on the'' and adding in its place
``calculation of an'';

0
b. In paragraph (b)(17)(viii), adding ``or (e)'' after ``Sec.
97.826(d)'';
0
c. In paragraph (b)(17)(ix), adding ``or (e)'' after ``Sec.
97.811(d)'';
0
d. In paragraph (b)(18)(i), removing ``decision on the'' and adding in
its place ``calculation of an''; and
0
e. Revising paragraph (b)(19).
    The revision reads as follows:

Sec.  78.1  Purpose and scope.

* * * * *
    (b) * * *
    (19) Under subpart GGGGG of part 97 of this chapter:
    (i) The calculation of a dynamic trading budget under Sec.
97.1010(a)(4) of this chapter.
    (ii) The calculation of an allocation of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1011 or Sec.  97.1012 of this
chapter.
    (iii) The decision on the transfer of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1023 of this chapter.
    (iv) The decision on the deduction of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1024, Sec.  97.1025, or Sec.
97.1026(d) of this chapter.
    (v) The correction of an error in an Allowance Management System
account under Sec.  97.1027 of this chapter.
    (vi) The adjustment of information in a submission and the decision
on the deduction and transfer of CSAPR NOX Ozone Season
Group 3 allowances based on the information as adjusted under Sec.
97.1028 of this chapter.
    (vii) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (viii) The approval or disapproval of a petition under Sec.
97.1035 of this chapter.
* * * * *

PART 97--FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2
TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2
TRADING PROGRAM

0
35. The authority citation for part 97 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and
7651, et seq.

Subpart AAAAA--CSAPR NOX Annual Trading Program

Sec.  97.402  [Amended]

0
36. Amend Sec.  97.402 by:
0
a. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(2)(i) and (ii), and'' and adding in
its place ``(b)(2)(i), and'';
0
b. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and''; and
0
c. In the definition of ``CSAPR NOX Ozone Season Group 3
Trading Program'', removing ``(b)(2)(v), and'' and adding in its place
``(b)(2)(iii), and''.

Sec.  97.411  [Amended]

0
37. Amend Sec.  97.411 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance''; and
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the
State's SIP authority, in accordance''.

Sec.  97.412  [Amended]

0
38. Amend Sec.  97.412 by:
0
a. In paragraph (a) introductory text, removing ``State, the
Administrator'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, the Administrator'';
0
b. In paragraphs (a)(3)(iii) and (a)(5), adding ``and areas of Indian
country within the borders of the State subject to the State's SIP
authority'' after ``in the State'';
0
c. In paragraph (a)(10), removing ``State, is allocated'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority, is allocated'';
0
d. In paragraph (b) introductory text, removing ``Indian country within
the borders of each State, the Administrator'' and adding in its place
``areas of Indian country within the borders of each State not subject
to the State's SIP authority, the Administrator''; and
0
e. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority''.

Sec.  97.426  [Amended]

0
39. In Sec.  97.426, amend paragraph (c) by:
0
a. Removing ``set forth in'' and adding in its place ``established
under''; and
0
b. Removing ``State (or Indian'' and adding in its place ``State (and
Indian''.

Subpart BBBBB--CSAPR NOX Ozone Season Group 1 Trading Program

Sec.  97.502  [Amended]

0
40. Amend Sec.  97.502 by:
0
a. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(2)(i) and (ii), and'' and adding in
its place ``(b)(2)(i), and'';
0
b. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(iii) and (iv), and'' and adding in
its place ``(b)(2)(ii), and'';
0
c. In the definition of ``CSAPR NOX Ozone Season Group 3
allowance'':
0
i. Adding ``or (e)'' after ``Sec.  97.826(d)''; and
0
ii. Adding ``or less'' after ``one ton'';
0
d. In the definition of ``CSAPR NOX Ozone Season Group 3
Trading Program'', removing ``(b)(2)(v), and'' and adding in its place
``(b)(2)(iii), and''; and
0
e. In the definition of ``State'', removing ``(b)(2)(i) and (ii), and''
and adding in its place ``(b)(2)(i), and''.

Sec.  97.511  [Amended]

0
41. Amend Sec.  97.511 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance''; and
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the
State's SIP authority, in accordance''.

Sec.  97.512  [Amended]

0
42. Amend Sec.  97.512 by:
0
a. In paragraph (a) introductory text, removing ``State, the
Administrator'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, the Administrator'';
0
b. In paragraphs (a)(3)(iii) and (a)(5), adding ``and areas of Indian
country within the borders of the State subject to the State's SIP
authority'' after ``in the State'';
0
c. In paragraph (a)(10), removing ``State, is allocated'' and adding in
its place ``State and areas of Indian country within the borders of the
State subject to the State's SIP authority, is allocated'';
0
d. In paragraph (b) introductory text, removing ``Indian country within
the borders of each State, the Administrator'' and adding in its place
``areas of Indian country within the borders of each State not subject
to the

State's SIP authority, the Administrator''; and
0
e. In paragraph (b)(5), removing ``Indian country within the borders of
the State'' and adding in its place ``areas of Indian country within
the borders of the State not subject to the State's SIP authority''.

0
43. Amend Sec.  97.526 by:
0
a. In paragraph (c):
0
i. Removing ``set forth in'' and adding in its place ``established
under''; and
0
ii. Removing ``State (or Indian'' and adding in its place ``State (and
Indian'';
0
b. In paragraph (d)(1) introductory text, removing ``Sec.
52.38(b)(2)(i) of this chapter (or'' and adding in its place ``Sec.
52.38(b)(2)(i)(A) of this chapter (and'';
0
c. In paragraph (d)(1)(ii), removing ``except a State listed in Sec.
52.38(b)(2)(i)'' and adding in its place ``listed in Sec.
52.38(b)(2)(ii)'';
0
d. In paragraph (d)(1)(iv), removing ``Sec.  52.38(b)(2)(iii) or (iv)
of this chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(ii)
of this chapter (and'';
0
e. Revising paragraph (d)(2)(i);
0
f. In paragraph (d)(2)(ii), removing ``Sec.  52.38(b)(2)(v) of this
chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(iii)(A) of
this chapter (and'';
0
g. Adding paragraph (d)(2)(iii);
0
h. In paragraph (e)(1), removing ``Sec.  52.38(b)(2)(ii) of this
chapter (or Indian'' and adding in its place ``Sec.  52.38(b)(2)(i)(B)
of this chapter (and Indian'';
0
i. In paragraph (e)(2), removing ``Sec.  52.38(b)(2)(iv) of this
chapter (or'' and adding in its place ``Sec.  52.38(b)(2)(ii)(B) of
this chapter (and''; and
0
j. Adding paragraph (e)(3).
    The revisions and additions read as follows:

Sec.  97.526  Banking and conversion.

* * * * *
    (d) * * *
    (2)(i) Except as provided in paragraphs (d)(2)(ii) and (iii) of
this section, after the Administrator has carried out the procedures
set forth in paragraph (d)(1) of this section, upon any determination
that would otherwise result in the initial recordation of a given
number of CSAPR NOX Ozone Season Group 1 allowances in the
compliance account for a source in a State listed in Sec.
52.38(b)(2)(ii) of this chapter (and Indian country within the borders
of such a State), the Administrator will not record such CSAPR
NOX Ozone Season Group 1 allowances but instead will
allocate and record in such account an amount of CSAPR NOX
Ozone Season Group 2 allowances for the control period in 2017 computed
as the quotient, rounded up to the nearest allowance, of such given
number of CSAPR NOX Ozone Season Group 1 allowances divided
by the conversion factor determined under paragraph (d)(1)(ii) of this
section.
* * * * *
    (iii) After the Administrator has carried out the procedures set
forth in paragraph (d)(1) of this section and Sec.  97.826(e)(1), upon
any determination that would otherwise result in the initial
recordation of a given number of CSAPR NOX Ozone Season
Group 1 allowances in the compliance account for a source in a State
listed in Sec.  52.38(b)(2)(iii)(B) of this chapter (and Indian country
within the borders of such a State), the Administrator will not record
such CSAPR NOX Ozone Season Group 1 allowances but instead
will allocate and record in such account an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2023 computed as the quotient, rounded up to the nearest allowance,
of such given number of CSAPR NOX Ozone Season Group 1
allowances divided by the conversion factor determined under paragraph
(d)(1)(ii) of this section and further divided by the conversion factor
determined under Sec.  97.826(e)(1)(ii).
    (e) * * *
    (3) After the Administrator has carried out the procedures set
forth in paragraph (d)(1) of this section and Sec.  97.826(e)(1), the
owner or operator of a CSAPR NOX Ozone Season Group 1 source
in a State listed in Sec.  52.38(b)(2)(ii)(C) of this chapter (and
Indian country within the borders of such a State) may satisfy a
requirement to hold a given number of CSAPR NOX Ozone Season
Group 1 allowances for the control period in 2015 or 2016 by holding
instead, in a general account established for this sole purpose, an
amount of CSAPR NOX Ozone Season Group 3 allowances for the
control period in 2023 (or any later control period for which the
allowance transfer deadline defined in Sec.  97.1002 has passed)
computed as the quotient, rounded up to the nearest allowance, of such
given number of CSAPR NOX Ozone Season Group 1 allowances
divided by the conversion factor determined under paragraph (d)(1)(ii)
of this section and further divided by the conversion factor determined
under Sec.  97.826(e)(1)(ii).

Subpart CCCCC--CSAPR SO2 Group 1 Trading Program

Sec.  97.602  [Amended]

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

Sec.  97.611  [Amended]

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

Sec.  97.612  [Amended]

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

Sec.  97.626  [Amended]

0
47. In Sec.  97.626, amend paragraph (c) by:
0
a. Removing ``set forth in'' and adding in its place ``established
under''; and

0
b. Removing ``State (or Indian'' and adding in its place ``State (and
Indian''.

Subpart DDDDD--CSAPR SO2 Group 2 Trading Program

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

Sec.  97.702  Definitions.

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

Sec.  97.711  [Amended]

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

Sec.  97.712  [Amended]

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

Sec.  97.726  [Amended]

0
51. In Sec.  97.726, amend paragraph (c) by:
0
a. Removing ``set forth in'' and adding in its place ``established
under''; and
0
b. Removing ``State (or Indian'' and adding in its place ``State (and
Indian''.

Sec.  97.734  [Amended]

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

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

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

Sec.  97.802  Definitions.

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

Sec.  97.806  [Amended]

0
54. Amend Sec.  97.806 by:
0
a. In paragraphs (c)(2)(i) introductory text, (c)(2)(i)(B), and
(c)(2)(iii) and (iv),

removing ``base CSAPR'' and adding in its place ``CSAPR'' each time it
appears;
0
b. In paragraph (c)(3)(i), removing ``paragraph (c)(1)'' and adding in
its place ``paragraphs (c)(1) and (2)''; and
0
c. Removing and reserving paragraph (c)(3)(ii).

Sec.  97.810  [Amended]

0
55. In Sec.  97.810, amend paragraphs (a)(1)(i) through (iii),
(a)(2)(i) and (ii), (a)(12)(i) through (iii), (a)(13)(i) and (ii),
(a)(17)(i) through (iii), (a)(20)(i) through (iii), (a)(23)(i) through
(iii), and (b)(1), (2), (12), (13), (17), (20), and (23) by removing
``and thereafter'' and adding in its place ``through 2022''.

0
56. Amend Sec.  97.811 by:
0
a. In paragraphs (b)(1)(i)(A) and (B), removing ``State, in
accordance'' and adding in its place ``State and areas of Indian
country within the borders of the State subject to the State's SIP
authority, in accordance'';
0
b. In paragraphs (b)(2)(i)(A) and (B), removing ``Indian country within
the borders of a State, in accordance'' and adding in its place ``areas
of Indian country within the borders of a State not subject to the