Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Illinois' 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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart P--Indiana

0
5. Amend Sec.  52.789 by revising paragraphs (b)(2) and (3) and adding
paragraph (b)(4) to read as follows:

Sec.  52.789  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 Indiana 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, 2018, 2019, and 2020. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Indiana'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)(iv), except to the extent the
Administrator's approval is partial or conditional, provided that
because the CSAPR FIP was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision.
    (3) The owner and operator of each source and each unit located in
the State of Indiana 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 2021 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
Indiana'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Indiana'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 of 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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart S--Kentucky

0
6. Amend Sec.  52.940 by revising paragraphs (b)(2) and (3) and adding
paragraph (b)(4) to read as follows:

Sec.  52.940   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 Kentucky 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Kentucky'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)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of Kentucky 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 2021 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 Kentucky'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Kentucky'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart T--Louisiana

0
7. Amend Sec.  52.984 by revising paragraphs (d)(2) and (3) and adding
paragraph (d)(4) to read as follows:

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

* * * * *
    (d) * * *
    (2) The owner and operator of each source and each unit located in
the State of Louisiana and Indian country within the borders of the
State and for which requirements are set forth under the 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, 2018, 2019, and 2020. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Louisiana's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iv) for those sources and units, except to the extent the
Administrator's approval is partial or conditional, provided that
because the CSAPR FIP was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Louisiana's SIP.
    (3) The owner and operator of each source and each unit located in
the State of Louisiana and Indian country within the borders of the
State and for which requirements are set forth under the 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 2021 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Louisiana's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(v) 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 Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Louisiana's SIP.
    (4) Notwithstanding the provisions of paragraphs (d)(2) and (3) of
this section, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Louisiana's SIP
revision described in paragraph (d)(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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart V--Maryland

0
8. Amend Sec.  52.1084 by revising paragraphs (b)(2) and (3) and adding
paragraph (b)(4) to read as follows:

Sec.  52.1084  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 Maryland 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Maryland's State Implementation Plan (SIP) as correcting
the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under
the 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 2021 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 Maryland'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other

entity located in the State and all CSAPR NOX Ozone Season
Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Maryland'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart X--Michigan

0
9. Amend Sec.  52.1186 by revising paragraphs (e)(2) and (3) and adding
paragraph (e)(4) to read as follows:

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

* * * * *
    (e) * * *
    (2) The owner and operator of each source and each unit located in
the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the 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, 2018, 2019, and 2020. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iv) for those sources and units, except to the extent the
Administrator's approval is partial or conditional, provided that
because the CSAPR FIP was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Michigan's SIP.
    (3) The owner and operator of each source and each unit located in
the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the 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 2021 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(v) 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 Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Michigan's SIP.
    (4) Notwithstanding the provisions of paragraphs (e)(2) and (3) of
this section, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Michigan's SIP
revision described in paragraph (e)(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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart FF--New Jersey

0
10. Amend Sec.  52.1584 by revising paragraphs (e)(2) and (3) and
adding paragraph (e)(4) to read as follows:

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

* * * * *
    (e) * * *
    (2) The owner and operator of each source and each unit located in
the State of New Jersey and for which requirements are set forth under
the 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to New Jersey's State Implementation Plan (SIP) as correcting
the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of New Jersey and for which requirements are set forth under
the 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 2021 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 New Jersey'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)(v), except
to the extent the Administrator's approval is partial or conditional.
    (4) Notwithstanding the provisions of paragraphs (e)(2) and (3) of
this section the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all

CSAPR NOX Ozone Season Group 1 allowances or CSAPR
NOX Ozone Season Group 2 allowances at any time allocated to
or held by any such source or other entity. Further, if, at the time of
the approval of New Jersey's SIP revision described in paragraph (e)(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 units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.

Subpart HH--New York

0
11. Amend Sec.  52.1684 by revising paragraphs (b)(2) and (3) and
adding paragraph (b)(4) to read as follows:

Sec.  52.1684   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 New York 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, 2018, 2019, and 2020. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(iv) for those sources and units, except to the extent the
Administrator's approval is partial or conditional, provided that
because the CSAPR FIP was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to New York's SIP.
    (3) The owner and operator of each source and each unit located in
the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the 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 2021 and each subsequent year. The obligation
to comply with such requirements with regard to sources and units in
the State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan (FIP) under Sec.  52.38(b)(1) and
(b)(2)(v) 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 Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to New York's SIP.
    (4) Notwithstanding the provisions of paragraphs (b)(2) and (3) of
this section, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of New York'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart KK--Ohio

0
12. Amend Sec.  52.1882 by revising paragraphs (b)(2) and (3) and
adding paragraph (b)(4) to read as follows:

Sec.  52.1882   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 Ohio 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, 2018, 2019, and 2020. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Ohio's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
(FIP) under Sec.  52.38(b)(1) and (b)(2)(iv), except to the extent the
Administrator's approval is partial or conditional, provided that
because the CSAPR FIP was promulgated as a partial rather than full
remedy for an obligation of the State to address interstate air
pollution, the SIP revision likewise will constitute a partial rather
than full remedy for the State's obligation unless provided otherwise
in the Administrator's approval of the SIP revision.
    (3) The owner and operator of each source and each unit located in
the State of Ohio and for which requirements are set forth under the
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 2021 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
Ohio'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone

Season Group 2 allowances at any time allocated to or held by any such
source or other entity. Further, if, at the time of the approval of
Ohio'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 units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.

Subpart NN--Pennsylvania

0
13. Amend Sec.  52.2040 by revising paragraphs (b)(2) and (3) and
adding paragraph (b)(4) to read as follows:

Sec.  52.2040   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 Pennsylvania 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Pennsylvania's State Implementation Plan (SIP) as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of Pennsylvania and for which requirements are set forth
under the 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 2021 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 Pennsylvania'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Pennsylvania'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart VV--Virginia

0
14. Amend Sec.  52.2440 by revising paragraphs (b)(2) and (3) and
adding paragraph (b)(4) to read as follows:

Sec.  52.2440   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 Virginia 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Virginia's State Implementation Plan (SIP) as correcting
the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of Virginia and for which requirements are set forth under
the 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 2021 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 Virginia'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of Virginia'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart XX--West Virginia

0
15. Amend Sec.  52.2540 by revising paragraphs (b)(2) and (3) and
adding paragraph (b)(4) to read as follows:

Sec.  52.2540   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 West Virginia 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, 2018, 2019,
and 2020. The obligation to comply with such requirements will be
eliminated by the promulgation of an approval by the Administrator of a
revision to West Virginia's State Implementation Plan (SIP) as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan (FIP) under Sec.  52.38(b)(1) and (b)(2)(iv),
except to the extent the Administrator's approval is partial or
conditional, provided that because the CSAPR FIP was promulgated as a
partial rather than full remedy for an obligation of the State to
address interstate air pollution, the SIP revision likewise will
constitute a partial rather than full remedy for the State's obligation
unless provided otherwise in the Administrator's approval of the SIP
revision.
    (3) The owner and operator of each source and each unit located in
the State of West Virginia and for which requirements are set forth
under the 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 2021 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 West Virginia'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)(v), 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, the provisions of Sec. Sec.  97.526(c), 97.826(c), and
97.811(d) of this chapter shall apply with respect to each source or
other entity located in the State and all CSAPR NOX Ozone
Season Group 1 allowances or CSAPR NOX Ozone Season Group 2
allowances at any time allocated to or held by any such source or other
entity. Further, if, at the time of the approval of West Virginia'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 units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

PART 78--APPEAL PROCEDURES

0
16. The authority citation for part 78 is revised to read as follows:

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

0
17. Amend Sec.  78.1 by:
0
a. In paragraphs (a)(1)(i)(A) and (B), removing the period at the end
of the paragraph and adding in its place a semicolon;
0
b. Revising paragraphs (a)(1)(i)(C) and (D);
0
c. Removing paragraph (a)(1)(i)(E) and redesignating paragraph
(a)(1)(i)(F) as paragraph (a)(1)(i)(E);
0
d. Revising paragraph (a)(1)(iv);
0
e. In paragraph (b)(1) introductory text, removing the semicolon at the
end of the paragraph and adding in its place a comma;
0
f. In paragraph (b)(9)(i), removing ``(c)(2) of'' and adding in its
place ``(c)(2) of'';
0
g. In paragraph (b)(13)(i), removing ``and (b)'' and adding in its
place ``or (c) or Sec.  97.412'';
0
h. In paragraph (b)(13)(iii), removing ``Sec. Sec.  97.424 and 97.425''
and adding in its place ``Sec.  97.424 or Sec.  97.425'';
0
i. In paragraph (b)(14)(i), removing ``and (b)'' and adding in its
place ``or (c) or Sec.  97.512'';
0
j. In paragraph (b)(14)(iii), removing ``Sec. Sec.  97.524 and 97.525''
and adding in its place ``Sec.  97.524 or Sec.  97.525'';
0
k. In paragraph (b)(14)(viii), adding ``or CSAPR NOX Ozone
Season Group 3 allowances'' after ``CSAPR NOX Ozone Season
Group 2 allowances'';
0
l. In paragraph (b)(15)(i), removing ``and (b)'' and adding in its
place ``or (c) or Sec.  97.612'';
0
m. In paragraph (b)(15)(iii), removing ``Sec. Sec.  97.624 and 97.625''
and adding in its place ``Sec.  97.624 or Sec.  97.625'';
0
n. In paragraph (b)(16)(i), removing ``and (b)'' and adding in its
place ``or (c) or Sec.  97.712'';
0
o. In paragraph (b)(16)(iii), removing ``Sec. Sec.  97.724 and 97.725''
and adding in its place ``Sec.  97.724 or Sec.  97.725'';
0
p. In paragraph (b)(17)(i), removing ``and (b)'' and adding in its
place ``or (c) or Sec.  97.812'';
0
q. In paragraph (b)(17)(iii), removing ``Sec. Sec.  97.824 and 97.825''
and adding in its place ``Sec.  97.824 or Sec.  97.825'';
0
r. Adding paragraphs (b)(17)(viii) and (ix);
0
s. Redesignating paragraph (b)(18) as paragraph (b)(20) and adding new
paragraphs (b)(18) and (19);
0
t. In newly redesignated paragraph (b)(20)(i), removing ``The
determination of eligibility for'' and adding in its place ``The
decision on eligibility for a''; and
0
u. In newly redesignated paragraph (b)(20)(iii), removing ``and Sec.
98.448(d)'' and adding in its place ``or (d)''.
    The revisions and additions read as follows:

Sec.  78.1   Purpose and scope.

    (a) * * *
    (1) * * *
    (i) * * *
    (C) Subparts AA through II, AAA through III, or AAAA through IIII
of part 96 of this chapter; subparts AA through II, AAA through III, or
AAAA through IIII of part 97 of this chapter; or State regulations
approved under Sec.  51.123(o)(1) or (2) or (aa)(1) or (2) or Sec.
51.124(o)(1) or (2) of this chapter;
    (D) Subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of
part 97 of this chapter or State regulations approved under Sec.
52.38(a)(4) or (5) or (b)(4), (5), (6), (8), (9), (10), (12), or (13)
or Sec.  52.39(e), (f), (h), or (i) of this chapter; or
* * * * *
    (iv) All references in paragraph (b) of this section and in Sec.
78.3 to subpart AAAAA of part 97 of this chapter, subpart BBBBB of part
97 of this chapter, subpart CCCCC of part 97 of this chapter, subpart
DDDDD of part 97 of this chapter, subpart EEEEE of part 97 of this
chapter, and subpart GGGGG of part 97 of this chapter shall be read to
include the comparable provisions in State regulations approved under
Sec.  52.38(a)(4) or (5) of this chapter, Sec.  52.38(b)(4) or (5) of
this chapter, Sec.  52.39(e) or (f) of this chapter, Sec.  52.39(h) or
(i) of this chapter, Sec.  52.38(b)(6), (8), or (9) of this chapter,
and Sec.  52.38(b)(10), (12), or (13) of this chapter, respectively.
* * * * *
    (b) * * *
    (17) * * *

    (viii) The decision on the removal of CSAPR NOX Ozone
Season Group 2 allowances from an Allowance Management System account
and the allocation to such account or another account of CSAPR
NOX Ozone Season Group 3 allowances under Sec.  97.826(c) of
this chapter.
    (ix) The decision on the recall of allocations of CSAPR
NOX Ozone Season Group 2 allowances and the removal of such
allowances from an Allowance Management System account under Sec.
97.811(d) of this chapter.
    (18) Under subpart FFFFF of part 97 of this chapter,
    (i) The decision on the allocation of Texas SO2 Trading
Program allowances under Sec.  97.911(a)(2) or (c) or Sec.  97.912 of
this chapter.
    (ii) The decision on the transfer of Texas SO2 Trading
Program allowances under Sec.  97.923 of this chapter.
    (iii) The decision on the deduction of Texas SO2 Trading
Program allowances under Sec.  97.924 or Sec.  97.925 of this chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.927 of this chapter.
    (v) The adjustment of information in a submission and the decision
on the deduction and transfer of Texas SO2 Trading Program
allowances based on the information as adjusted under Sec.  97.928 of
this chapter.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.935
of this chapter.
    (19) Under subpart GGGGG of part 97 of this chapter,
    (i) The decision on the allocation of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1011(a)(2) or (3) or (c) or
Sec.  97.1012 of this chapter.
    (ii) The decision on the transfer of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1023 of this chapter.
    (iii) The decision on the deduction of CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.1024 or Sec.  97.1025 of this
chapter.
    (iv) The correction of an error in an Allowance Management System
account under Sec.  97.1027 of this chapter.
    (v) 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.
    (vi) The finalization of control period emissions data, including
retroactive adjustment based on audit.
    (vii) The approval or disapproval of a petition under Sec.  97.1035
of this chapter.
* * * * *
0
18. Amend Sec.  78.2 by:
0
a. Revising paragraph (a)(1);
0
b. In paragraphs (a)(2)(ii) and (iii), removing ``Who submitted'' and
adding in its place ``Any person who submitted''; and
0
c. In paragraph (b), removing ``subpart'' and adding in its place
``part''.
    The revision reads as follows:

Sec.  78.2   General.

    (a) * * *
    (1) The terms used in this part with regard to a decision of the
Administrator that is appealed under this part shall have the meanings
as set forth in the regulations under which the Administrator made such
decision and as set forth in paragraph (a)(2) of this section and Sec.
72.2 of this chapter.
* * * * *
0
19. Amend Sec.  78.3 by:
0
a. In paragraph (a)(1) introductory text, adding ``73,'' after ``72,'';
0
b. Revising paragraph (a)(1)(i);
0
c. Removing paragraphs (a)(1)(ii) and (a)(2) and (5) through (9) and
redesignating paragraphs (a)(1)(iii) and (a)(3), (4), (10), and (11) as
paragraphs (a)(1)(ii) and (a)(2), (3), (4), and (5), respectively;
0
d. In newly redesignated paragraph (a)(2)(i), removing ``the unit'' and
adding in its place ``a unit or source covered by the decision'';
0
e. In newly redesignated paragraph (a)(3) introductory text, removing
``AA through II of part 96'' and adding in its place ``AA through II,
AAA through III, or AAAA through IIII of part 96 of this chapter or AA
through II, AAA through III, or AAAA through IIII of part 97'';
0
f. Revising newly redesignated paragraph (a)(3)(i);
0
g. In newly redesignated paragraph (a)(4) introductory text, removing
``or EEEEE'' and adding in its place ``EEEEE, FFFFF, or GGGGG'';
0
h. Revising newly redesignated paragraphs (a)(4)(i) and (a)(5)(i);
0
i. In paragraph (b)(3)(i)(A), removing ``(a)(1), (2), (10), or (11) of
this section.'' and adding in its place ``(a)(1) of this section;'';
0
j. In paragraph (b)(3)(i)(B), removing ``(a)(3) of this section.'' and
adding in its place ``(a)(2) of this section;'';
0
k. In paragraph (b)(3)(i)(C), removing ``(a)(4), (5), (6), (7), (8), or
(9) of this section.'' and adding in its place ``(a)(3) of this
section;'';
0
l. Adding paragraphs (b)(3)(i)(D) and (E);
0
m. In paragraph (c)(5)(ii), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
n. Revising paragraphs (c)(7)(i) through (v);
0
o. In paragraph (d)(1), removing the period at the end of the paragraph
and adding in its place a semicolon;
0
p. In paragraph (d)(2)(i), removing ``the Acid Rain Program or subpart
AAAAA, BBBBB, CCCCC, DDDDD, or EEEEE of part 97 of this chapter.'' and
adding in its place ``parts 72, 73, 74, 75, 76, and 77 of this
chapter;'';
0
q. In paragraph (d)(2)(ii), removing ``the NOX Budget
Trading Program.'' and adding in its place ``subparts A through J of
part 97 of this chapter;'';
0
r. In paragraph (d)(2)(iii), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
s. Adding paragraphs (d)(2)(iv) and (v);
0
t. In paragraphs (d)(3) and (4), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
u. Revising paragraphs (d)(5) and (6); and
0
v. Removing paragraph (d)(7) and redesignating paragraph (d)(8) as
paragraph (d)(7).
    The revisions and additions read as follows:

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

    (a) * * *
    (1) * * *
    (i) The designated representative for a unit or source covered by
the decision or the authorized account representative for any Allowance
Tracking System account covered by the decision; or
* * * * *
    (3) * * *
    (i) The CAIR designated representative for a unit or source covered
by the decision or the CAIR authorized account representative for any
CAIR NOX Allowance Tracking System account, CAIR
SO2 Allowance Tracking System account, or CAIR
NOX Ozone Season Allowance Tracking System account covered
by the decision; or
* * * * *
    (4) * * *
    (i) The designated representative for a unit or source covered by
the decision or the authorized account representative for any Allowance
Management System account covered by the decision; or
* * * * *
    (5) * * *
    (i) The designated representative for a facility covered by the
decision; or
* * * * *
    (b) * * *
    (3) * * *
    (i) * * *

    (D) The designated representative or authorized account
representative, for a petition under paragraph (a)(4) of this section;
or
    (E) The designated representative, for a petition under paragraph
(a)(5) of this section; and
* * * * *
    (c) * * *
    (7) * * *
    (i) Parts 72, 73, 74, 75, 76, and 77 of this chapter;
    (ii) Subparts A through J of part 97 of this chapter;
    (iii) Subparts AA through II, AAA through III, or AAAA through IIII
of part 96 of this chapter or subparts AA through II, AAA through III,
or AAAA through IIII of part 97 of this chapter;
    (iv) Subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of
part 97 of this chapter; or
    (v) Subpart RR of part 98 of this chapter.
    (d) * * *
    (2) * * *
    (iv) A certificate of representation submitted by a designated
representative or an application for a general account submitted by an
authorized account representative under subpart AAAAA, BBBBB, CCCCC,
DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter; or
    (v) A certificate of representation submitted by a designated
representative under part 98 of this chapter;
* * * * *
    (5) Any provision or requirement of subparts AA through II, AAA
through III, or AAAA through IIII of part 96 of this chapter or
subparts AA through II, AAA through III, or AAAA through IIII of part
97 of this chapter, including the standard requirements under Sec.
96.106, Sec.  96.206, or Sec.  96.306 of this chapter or Sec.  97.106,
Sec.  97.206, or Sec.  97.306 of this chapter, respectively, and any
emission monitoring or reporting requirements;
    (6) Any provision or requirement of subpart AAAAA, BBBBB, CCCCC,
DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter, including the
standard requirements under Sec.  97.406, Sec.  97.506, Sec.  97.606,
Sec.  97.706, Sec.  97.806, Sec.  97.906, or Sec.  97.1006 of this
chapter, respectively, and any emission monitoring or reporting
requirements; or
* * * * *
0
20. Amend Sec.  78.4 by:
0
a. Revising paragraph (a)(1)(i);
0
b. In paragraph (a)(1)(ii), designating the first sentence as paragraph
(a)(1)(ii)(A) and designating the second sentence as paragraph
(a)(1)(ii)(B);
0
c. In paragraph (a)(1)(iii), designating the first sentence as
paragraph (a)(1)(iii)(A) and designating the second sentence as
paragraph (a)(1)(iii)(B); and
0
d. Redesignating paragraph (a)(1)(iv) as paragraph (a)(1)(v) and adding
a new paragraph (a)(1)(iv).
    The revision and addition read as follows:

Sec.  78.4   Filings.

    (a) * * *
    (1) * * *
    (i)(A) Any filings on behalf of owners and operators of an affected
unit or affected source under parts 72, 73, 74, 75, 76, and 77 of this
chapter shall be signed by the designated representative.
    (B) Any filings on behalf of persons with an ownership interest
with respect to allowances in a general account under parts 72, 73, 74,
75, 76, and 77 of this chapter shall be signed by the authorized
account representative.
* * * * *
    (iv)(A) Any filings on behalf of owners and operators of a CSAPR
NOX Annual unit or CSAPR NOX Annual source, CSAPR
NOX Ozone Season Group 1 unit or CSAPR NOX Ozone
Season Group 1 source, CSAPR NOX Ozone Season Group 2 unit
or CSAPR NOX Ozone Season Group 2 source, CSAPR
NOX Ozone Season Group 3 unit or CSAPR NOX Ozone
Season Group 3 source, CSAPR SO2 Group 1 unit or CSAPR
SO2 Group 1 source, CSAPR SO2 Group 2 unit or
CSAPR SO2 Group 2 source, or Texas SO2 Trading
Program unit or Texas SO2 Trading Program source shall be
signed by the designated representative.
    (B) Any filings on behalf of persons with an ownership interest
with respect to CSAPR NOX Annual allowances, CSAPR
NOX Ozone Season Group 1 allowances, CSAPR NOX
Ozone Season Group 2 allowances, CSAPR NOX Ozone Season
Group 3 allowances, CSAPR SO2 Group 1 allowances, CSAPR
SO2 Group 2 allowances, or Texas SO2 Trading
Program allowances in a general account shall be signed by the
authorized account representative.
* * * * *

Sec.  78.5   [Amended]

0
21. In Sec.  78.5, amend paragraph (a) by removing from the second
sentence ``presented, the issue could not'' and adding in its place
``presented or the issue could not''.

Sec.  78.6   [Amended]

0
22. Amend Sec.  78.6 by:
0
a. In paragraph (a), removing ``of this part'';
0
b. In paragraph (b)(2) introductory text, removing ``in part, it
will:'' and adding in its place ``in part:'';
0
c. In paragraph (b)(2)(i), removing ``Identify the portions'' and
adding in its place ``It will identify the portions'', and removing the
comma after ``contested''; and
0
d. In paragraph (b)(2)(ii), removing ``Refer the disputed'' and adding
in its place ``It will refer the disputed''.

Sec.  78.10   [Amended]

0
23. Amend Sec.  78.10 by:
0
a. In paragraph (a)(3), removing ``this paragraph'' and adding in its
place ``paragraph (a)(1) or (2) of this section'';
0
b. In paragraph (b), adding a comma after ``knowingly caused to be
made''; and
0
c. In paragraph (c), removing ``under Sec.  78.9 of this part. This
prohibition terminates'' and adding in its place ``under Sec.  78.9.
These prohibitions terminate''.

Sec.  78.11   [Amended]

0
24. Amend Sec.  78.11 by:
0
a. In paragraph (a), removing ``of this part'' wherever it appears; and
0
b. In paragraph (b) introductory text, removing ``of'' and adding in
its place ``or''.

Sec.  78.12   [Amended]

0
25. Amend Sec.  78.12 by:
0
a. In paragraph (a)(1), removing ``warrants review.'' and adding in its
place ``warrants review; and''; and
0
b. In paragraph (a)(2), adding a comma after ``Acid Rain permit''.

Sec.  78.13  [Amended]

0
26. In Sec.  78.13, amend paragraph (a)(3) by removing ``of this
part''.

Sec.  78.14  [Amended]

0
27. In Sec.  78.14, amend paragraphs (a)(4) and (7) and (c)(4) by
removing ``of this part''.

Sec.  78.15  [Amended]

0
28. Amend Sec.  78.15 by:
0
a. In paragraph (a), removing ``of this part'' wherever it appears; and
0
b. In paragraph (e), removing ``of this part''.

Sec.  78.16  [Amended]

0
29. In Sec.  78.16, amend paragraph (b) introductory text by removing
the period at the end of the second sentence and adding in its place a
colon.

Sec.  78.17  [Amended]

0
30. Amend Sec.  78.17 by removing ``of this part''.

Sec.  78.18  [Amended]

0
31. In Sec.  78.18, amend paragraphs (a) and (b)(1) and (2) by removing
``of this part''.

Sec.  78.19  [Amended]

0
32. Amend Sec.  78.19 by:

0
a. In paragraph (d), adding ``the'' in the second sentence before
``Environmental Appeals Board''; and
0
b. In paragraph (e), removing ``of this part''.

Sec.  78.20  [Amended]

0
33. Amend Sec.  78.20 by:
0
a. In paragraph (a)(2), removing ``Sec.  78.12(a) (1) and (2) of this
part.'' and adding in its place ``Sec.  78.12(a)(1) and (2).''; and
0
b. In paragraph (c), removing ``of this part''.

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
34. 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

0
35. Amend Sec.  97.402 by:
0
a. Revising the definition of ``allowance transfer deadline'';
0
b. In the definition of ``alternate designated representative'', adding
``CSAPR NOX Ozone Season Group 3 Trading Program,'' before
``CSAPR SO2 Group 1 Trading Program,'';
0
c. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
d. Revising the definitions of ``common designated representative's
assurance level'' and ``common designated representative's share'';
0
e. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(3) through (5), and (b)(10) through
(12)'' and adding in its place ``and (b)(3) through (5) and (14)
through (16)'';
0
f. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(6) through (9), (14), (15), and (17)'';
0
g. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program'';
0
h. In the definition of ``designated representative'', adding ``CSAPR
NOX Ozone Season Group 3 Trading Program,'' before ``CSAPR
SO2 Group 1 Trading Program,'';
0
i. In the definition of ``fossil fuel'', paragraph (2), removing
``Sec.  97.404(b)(2)(i)(B) and (ii)'' and adding in its place ``Sec.
97.404(b)(2)(i)(B) and (b)(2)(ii)''; and
0
j. Adding in alphabetical order a definition for ``nitrogen oxides''.
    The revisions and additions read as follows:

Sec.  97.402  Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR NOX Annual allowance transfer must
be submitted for recordation in a CSAPR NOX Annual source's
compliance account in order to be available for use in complying with
the source's CSAPR NOX Annual emissions limitation for such
control period in accordance with Sec. Sec.  97.406 and 97.424.
* * * * *
    Common designated representative's assurance level means, with
regard to a specific common designated representative and a State (and
Indian country within the borders of such State) and control period in
a given year for which the State assurance level is exceeded as
described in Sec.  97.406(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR NOX Annual allowances allocated
for such control period to a group of one or more CSAPR NOX
Annual units located in the State (and Indian country within the
borders of such State) and having the common designated representative
for such control period and the total amount of CSAPR NOX
Annual allowances purchased by an owner or operator of such CSAPR
NOX Annual units in an auction for such control period and
submitted by the State or the permitting authority to the Administrator
for recordation in the compliance accounts for such CSAPR
NOX Annual units in accordance with the CSAPR NOX
Annual allowance auction provisions in a SIP revision approved by the
Administrator under Sec.  52.38(a)(4) or (5) of this chapter,
multiplied by the sum of the State NOX Annual trading budget
under Sec.  97.410(a) and the State's variability limit under Sec.
97.410(b) for such control period and divided by such State
NOX Annual trading budget;
    (2) Provided that, for a control period in a year before 2023 only,
in the case of a unit that operates during, but has no amount of CSAPR
NOX Annual allowances allocated under Sec. Sec.  97.411 and
97.412 for, such control period, the unit shall be treated, solely for
purposes of this definition, as being allocated an amount (rounded to
the nearest allowance) of CSAPR NOX Annual allowances for
such control period equal to the unit's allowable NOX
emission rate applicable to such control period, multiplied by a
capacity factor of 0.85 (if the unit is a boiler combusting any amount
of coal or coal-derived fuel during such control period), 0.24 (if the
unit is a simple cycle combustion turbine during such control period),
0.67 (if the unit is a combined cycle combustion turbine during such
control period), 0.74 (if the unit is an integrated coal gasification
combined cycle unit during such control period), or 0.36 (for any other
unit), multiplied by the unit's maximum hourly load as reported in
accordance with this subpart and by 8,760 hours/control period, and
divided by 2,000 lb/ton.
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year and a total amount of NOX emissions from all
CSAPR NOX Annual units in a State (and Indian country within
the borders of such State) during such control period, the total
tonnage of NOX emissions during such control period from the
group of one or more CSAPR NOX Annual units located in such
State (and such Indian country) and having the common designated
representative for such control period.
* * * * *
    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)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.404   [Amended]

0
36. In Sec.  97.404, amend paragraph (b) introductory text by removing
``or (2)(i)'' and adding in its place ``or (b)(2)(i)''.

Sec.  97.405   [Amended]

0
37. In Sec.  97.405, amend paragraph (b) by removing the subject
heading.

Sec.  97.406   [Amended]

0
38. In Sec.  97.406, amend paragraph (c)(4)(ii) by removing ``and
(2)(i)'' and adding in its place ``and (c)(2)(i)''.

Sec.  97.410   [Amended]

0
39. Amend Sec.  97.410 by:
0
a. In paragraph (a)(1)(v), removing ``1,439'' and adding in its place
``1,441'';
0
b. In paragraph (a)(2)(v), removing ``1,075'' and adding in its place
``1,074'';
0
c. In paragraph (a)(3)(v), removing ``3,830'' and adding in its place
``3,831'';
0
d. In paragraph (a)(4)(v), removing ``3,253'' and adding in its place
``3,256'';
0
e. In paragraph (a)(5)(v), removing ``712'' and adding in its place
``715'';
0
f. In paragraph (a)(8)(v), removing ``331'' and adding in its place
``333'';
0
g. In paragraph (a)(9)(v), removing ``1,198'' and adding in its place
``1,201'';
0
h. In paragraph (a)(10)(v), removing ``561'' and adding in its place
``565'';
0
i. In paragraph (a)(11)(v), removing ``2,925'' and adding in its place
``2,929'';
0
j. In paragraph (a)(12)(v), removing ``1,772'' and adding in its place
``1,771'';
0
k. In paragraph (a)(13)(v), removing ``159'' and adding in its place
``155'';
0
l. In paragraph (a)(14)(v), removing ``412'' and adding in its place
``410'';
0
m. In paragraph (a)(17)(v), removing ``2,384'' and adding in its place
``2,383'';
0
n. In paragraph (a)(18)(v), removing ``617'' and adding in its place
``620'';
0
o. In paragraph (a)(19)(v), removing ``387'' and adding in its place
``381'';
0
p. In paragraph (a)(21)(v), removing ``1,662'' and adding in its place
``1,663''; and
0
q. In paragraph (a)(22)(v), removing ``2,729'' and adding in its place
``2,730''.
0
40. Amend Sec.  97.411 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.412(a)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
f. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(1)(ii) of this section for a control period in 2023 or
thereafter,'';
0
g. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
h. Adding paragraph (b)(2)(i)(B);
0
i. In paragraph (b)(2)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.412(b)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
j. Revising paragraph (b)(2)(ii)(B);
0
k. In paragraph (b)(2)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
l. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(2)(ii) of this section for a control period in 2023 or
thereafter,'';
0
m. In paragraph (c)(5)(i)(A), adding ``(or a subsequent control
period)'' before ``for the State'';
0
n. In paragraph (c)(5)(i)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
o. In paragraph (c)(5)(ii)(A), adding ``(or a subsequent control
period)'' before the semicolon at the end of the paragraph;
0
p. In paragraph (c)(5)(ii)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision''; and
0
q. In paragraph (c)(5)(iii), adding ``(or a subsequent control
period)'' before the period at the end of the paragraph.
    The additions and revisions read as follows:

Sec.  97.411  Timing requirements for CSAPR NOX Annual allowance
allocations.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Annual allowance
allocation to each CSAPR NOX Annual unit in a State, in
accordance with Sec.  97.412(a)(2) through (7), (10), and (12), for the
control period in the year before the year of the applicable
calculation deadline under this paragraph and will promulgate a notice
of data availability of the results of the calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(1)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(1)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(1)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Annual allowance
allocation to each CSAPR NOX Annual unit in Indian country
within the borders of a State, in accordance with Sec.  97.412(b)(2)
through (7), (10), and (12), for the control period in the year before
the year of the applicable calculation deadline under this paragraph
and will promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(2)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(2)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(2)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(2)(ii)(A) of this section.
* * * * *
0
41. Amend Sec.  97.412 by:

0
a. Adding a subject heading to paragraph (a) introductory text;
0
b. In paragraph (a)(1)(i), removing ``Sec.  97.411(a)(1);'' and adding
in its place ``Sec.  97.411(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.430(b) not later
than December 31 of the year of the control period;'';
0
c. In paragraph (a)(1)(iii), removing ``control period; or'' and adding
in its place ``control period, for a control period before 2023, or
that operate during such control period, for a control period in 2023
or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraphs (a)(3)(ii) and (iv);
0
f. In paragraph (a)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
g. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
h. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
i. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
j. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2023, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2023 or thereafter, any unallocated'';
0
k. Redesignating paragraph (a)(11) as paragraph (a)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
l. Adding paragraph (a)(11)(ii);
0
m. Revising paragraph (a)(12);
0
n. Adding a subject heading to paragraph (b) introductory text;
0
o. In paragraph (b)(1)(i), removing ``Sec.  97.411(a)(1); or'' and
adding in its place ``Sec.  97.411(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.430(b) not later
than December 31 of the year of the control period; or'';
0
p. Revising paragraph (b)(3)(ii);
0
q. In paragraph (b)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
r. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
s. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
t. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
u. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2023, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2023 or thereafter, any
unallocated'';
0
v. Redesignating paragraph (b)(11) as paragraph (b)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
w. Adding paragraph (b)(11)(ii); and
0
x. Revising paragraph (b)(12).
    The additions and revisions read as follows:

Sec.  97.412   CSAPR NOX Annual allowance allocations to new units.

    (a) Allocations from new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Annual
unit's monitoring systems under Sec.  97.430(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter;
* * * * *
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the first control period after the control period in which the unit
resumes operation, for allocations for a control period before 2023, or
the control period in which the unit resumes operation, for allocations
for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.411(b)(1)(i), (ii), and (v), of the
amount of CSAPR NOX Annual allowances allocated under
paragraphs (a)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR NOX Annual unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period before 2023 under paragraph (a)(7)
of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or
paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a
control period in 2023 or thereafter under paragraph (a)(7) of this
section or paragraphs (a)(6) and (10) of this section, would otherwise
result in total allocations from such new unit set-aside unequal to the
total amount of such new unit set-aside, then the Administrator will
adjust the results of such calculations as follows. The Administrator
will list the CSAPR NOX Annual units in descending order
based on such units' allocation amounts under paragraph (a)(7),
(a)(9)(iv), or (a)(10) of this section, as applicable, and, in cases of
equal allocation amounts, in alphabetical order of the relevant
sources' names and numerical order of the relevant units'
identification numbers, and will adjust each unit's allocation amount
under such paragraph upward or downward by one CSAPR NOX
Annual allowance (but not below zero) in the order in which the units
are listed, and will repeat this adjustment process as necessary, until
the total allocations from such new unit set-aside equal the total
amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Annual
unit's monitoring systems under Sec.  97.430(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.411(b)(2)(i), (ii), and (v), of the
amount of CSAPR NOX Annual allowances allocated under
paragraphs (b)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR NOX Annual unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period before 2023 under
paragraph (b)(7) of this section or

paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control
period in 2023 or thereafter under paragraph (b)(7) of this section,
would otherwise result in total allocations from such Indian country
new unit set-aside unequal to the total amount of such Indian country
new unit set-aside, then the Administrator will adjust the results of
such calculations as follows. The Administrator will list the CSAPR
NOX Annual units in descending order based on such units'
allocation amounts under paragraph (b)(7) or (b)(9)(iv) of this
section, as applicable, and, in cases of equal allocation amounts, in
alphabetical order of the relevant sources' names and numerical order
of the relevant units' identification numbers, and will adjust each
unit's allocation amount under such paragraph upward or downward by one
CSAPR NOX Annual allowance (but not below zero) in the order
in which the units are listed, and will repeat this adjustment process
as necessary, until the total allocations from such Indian country new
unit set-aside equal the total amount of such Indian country new unit
set-aside.

Sec.  97.420   [Amended]

0
42. In Sec.  97.420, amend paragraph (c)(3)(iii)(B) by removing ``to
NOX'' and adding in its place ``to CSAPR NOX''.
0
43. Amend Sec.  97.421 by:
0
a. Redesignating paragraph (f) as paragraph (f)(1), removing ``By July
1, 2019 and July 1 of each year thereafter,'' and adding in its place
``By July 1, 2019 and July 1, 2020,'';
0
b. Adding paragraph (f)(2);
0
c. Redesignating paragraph (g) as paragraph (g)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
f. Adding paragraph (h)(2); and
0
g. In paragraphs (i) and (j), removing ``By February 15, 2016 and
February 15 of each year thereafter,'' and adding in its place ``By
February 15 of each year from 2016 through 2023,''.
    The additions read as follows:

Sec.  97.421   Recordation of CSAPR NOX Annual allowance allocations
and auction results.

* * * * *
    (f) * * *
    (2) By July 1, 2022 and July 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Annual source's
compliance account the CSAPR NOX Annual allowances allocated
to the CSAPR NOX Annual units at the source, or in each
appropriate Allowance Management System account the CSAPR
NOX Annual allowances auctioned to CSAPR NOX
Annual units, in accordance with Sec.  97.411(a), or with a SIP
revision approved under Sec.  52.38(a)(4) or (5) of this chapter, for
the control period in the third year after the year of the applicable
recordation deadline under this paragraph.
    (g) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Annual source's
compliance account the CSAPR NOX Annual allowances allocated
to the CSAPR NOX Annual units at the source, or in each
appropriate Allowance Management System account the CSAPR
NOX Annual allowances auctioned to CSAPR NOX
Annual units, in accordance with Sec.  97.412(a)(2) through (12), or
with a SIP revision approved under Sec.  52.38(a)(4) or (5) of this
chapter, for the control period in the year before the year of the
applicable recordation deadline under this paragraph.
    (h) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Annual source's
compliance account the CSAPR NOX Annual allowances allocated
to the CSAPR NOX Annual units at the source in accordance
with Sec.  97.412(b)(2) through (12) for the control period in the year
before the year of the applicable recordation deadline under this
paragraph.
* * * * *
0
44. Amend Sec.  97.424 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.424   Compliance with CSAPR NOX Annual emissions limitation.

* * * * *
    (c) Selection of CSAPR NOX Annual allowances for
deduction--(1) Identification by serial number. The designated
representative for a source may request that specific CSAPR
NOX Annual allowances, identified by serial number, in the
source's compliance account be deducted for emissions or excess
emissions for a control period in a given year in accordance with
paragraph (b) or (d) of this section. In order to be complete, such
request shall be submitted to the Administrator by the allowance
transfer deadline for such control period and include, in a format
prescribed by the Administrator, the identification of the CSAPR
NOX Annual source and the appropriate serial numbers.
* * * * *
0
45. Amend Sec.  97.425 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. In paragraph (b)(2)(i), removing ``By July 1'' and adding in its
place ``For a control period before 2023 only, by July 1'';
0
c. Revising paragraphs (b)(2)(ii), (b)(2)(iii) introductory text, and
(b)(2)(iii)(A);
0
d. In paragraph (b)(2)(iii)(B), removing ``such notice,'' and adding in
its place ``such notice or notices,''; and
0
e. In paragraph (b)(6)(ii), removing ``If any such data'' and adding in
its place ``For a control period before 2023 only, if any such data''.
    The revisions read as follows:

Sec.  97.425   Compliance with CSAPR NOX Annual assurance provisions.

* * * * *
    (b) * * *
    (1) By June 1 of each year from 2018 through 2023 and by August 1
of each year thereafter, the Administrator will:
* * * * *
    (ii) If the calculations under paragraph (b)(1)(i) of this section
indicate that the total NOX emissions from all CSAPR
NOX Annual units at CSAPR NOX Annual sources in
any State (and Indian country within the borders of such State) during
such control period exceed the State assurance level for such control
period, promulgate a notice of data availability of the results of the
calculations required in paragraph (b)(1)(i) of this section, including
separate calculations of the NOX emissions from each CSAPR
NOX Annual source.
    (2) * * *
    (ii) The Administrator will calculate, for each such State (and
Indian country within the borders of such State) and such control
period and each common designated representative for such control
period for a group of one or more CSAPR NOX Annual sources
and units in the State (and Indian country within the borders of such
State), the common designated representative's share of the total
NOX emissions from all CSAPR NOX Annual units at
CSAPR NOX Annual sources in the State (and Indian country
within the borders of such State), the common designated
representative's assurance level, and the amount (if any) of CSAPR
NOX Annual allowances that the owners and operators of such
group of sources and units must hold in accordance with the calculation
formula in Sec.  97.406(c)(2)(i). For a control period before 2023, if
the

results of these calculations were not included in the notice of data
availability required in paragraph (b)(1)(ii) of this section, the
Administrator will promulgate a notice of data availability of the
results of these calculations by August 1 immediately after the
promulgation of such notice. For a control period in 2023 or
thereafter, the Administrator will include the results of these
calculations in the notice of data availability required in paragraph
(b)(1)(ii) of this section.
    (iii) The Administrator will provide an opportunity for submission
of objections to the calculations referenced by the notice or notices
of data availability required in paragraphs (b)(1)(ii) and (b)(2)(ii)
of this section.
    (A) Objections shall be submitted by the deadline specified in such
notice or notices and shall be limited to addressing whether the
calculations referenced in the notice or notices are in accordance with
Sec.  97.406(c)(2)(iii), Sec. Sec.  97.406(b) and 97.430 through
97.435, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.402, and the
calculation formula in Sec.  97.406(c)(2)(i).
* * * * *

Sec.  97.431   [Amended]

0
46. In Sec.  97.431, amend paragraph (d)(3) introductory text by
removing in the last sentence ``with'' after ``is replaced by''.

Sec.  97.434   [Amended]

0
47. In Sec.  97.434, amend paragraph (d)(3) by adding ``CSAPR
NOX Ozone Season Group 3 Trading Program,'' before ``CSAPR
SO2 Group 1 Trading Program,''.

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

0
48. Amend Sec.  97.502 by:
0
a. Revising the definition of ``allowance transfer deadline'';
0
b. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
c. Revising the definitions of ``common designated representative's
assurance level'' and ``common designated representative's share'';
0
d. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(3) through (5), and (b)(10) through
(12)'' and adding in its place ``and (b)(3) through (5) and (14)
through (16)'''';
0
e. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(6) through (9), (14), (15) and (17)'';
0
f. Adding in alphabetical order definitions for ``CSAPR NOX
Ozone Season Group 3 allowance'' and ``CSAPR NOX Ozone
Season Group 3 Trading Program'';
0
g. In the definition of ``fossil fuel'', paragraph (2), removing
``Sec.  97.504(b)(2)(i)(B) and (ii)'' and adding in its place ``Sec.
97.504(b)(2)(i)(B) and (b)(2)(ii)'';
0
h. Adding in alphabetical order a definition for ``nitrogen oxides'';
and
0
i. In the definition of ``State'', removing ``(b)(3) through (5), and
(b)(10) through (12)'' and adding in its place ``and (b)(3) through (5)
and (14) through (16)''.
    The revisions and additions read as follows:

Sec.  97.502   Definitions.

* * * * *
    Allowance transfer deadline means, for a control period in 2015 or
2016, midnight of December 1 immediately after such control period or,
for a control period in a year from 2017 through 2022, midnight of
March 1 immediately after such control period or, for a control period
in 2023 or thereafter, midnight of June 1 immediately after such
control period (or if such December 1, March 1, or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR NOX Ozone Season Group 1 allowance
transfer must be submitted for recordation in a CSAPR NOX
Ozone Season Group 1 source's compliance account in order to be
available for use in complying with the source's CSAPR NOX
Ozone Season Group 1 emissions limitation for such control period in
accordance with Sec. Sec.  97.506 and 97.524.
* * * * *
    Common designated representative's assurance level means, with
regard to a specific common designated representative and a State (and
Indian country within the borders of such State) and control period in
a given year for which the State assurance level is exceeded as
described in Sec.  97.506(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR NOX Ozone Season Group 1
allowances allocated for such control period to a group of one or more
CSAPR NOX Ozone Season Group 1 units located in the State
(and Indian country within the borders of such State) and having the
common designated representative for such control period and the total
amount of CSAPR NOX Ozone Season Group 1 allowances
purchased by an owner or operator of such CSAPR NOX Ozone
Season Group 1 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 1 units in accordance with the CSAPR
NOX Ozone Season Group 1 allowance auction provisions in a
SIP revision approved by the Administrator under Sec.  52.38(b)(4) or
(5) of this chapter, multiplied by the sum of the State NOX
Ozone Season Group 1 trading budget under Sec.  97.510(a) and the
State's variability limit under Sec.  97.510(b) for such control period
and divided by such State NOX Ozone Season Group 1 trading
budget;
    (2) Provided that, for a control period before 2023 only, in the
case of a unit that operates during, but has no amount of CSAPR
NOX Ozone Season Group 1 allowances allocated under
Sec. Sec.  97.511 and 97.512 for, such control period, the unit shall
be treated, solely for purposes of this definition, as being allocated
an amount (rounded to the nearest allowance) of CSAPR NOX
Ozone Season Group 1 allowances for such control period equal to the
unit's allowable NOX emission rate applicable to such
control period, multiplied by a capacity factor of 0.92 (if the unit is
a boiler combusting any amount of coal or coal-derived fuel during such
control period), 0.32 (if the unit is a simple cycle combustion turbine
during such control period), 0.71 (if the unit is a combined cycle
combustion turbine during such control period), 0.73 (if the unit is an
integrated coal gasification combined cycle unit during such control
period), or 0.44 (for any other unit), multiplied by the unit's maximum
hourly load as reported in accordance with this subpart and by 3,672
hours/control period, and divided by 2,000 lb/ton.
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year and a total amount of NOX emissions from all
CSAPR NOX Ozone Season Group 1 units in such State (and
Indian country within the borders of such State) during such control
period, the total tonnage of NOX emissions during such
control period from the group of one or more CSAPR NOX Ozone
Season Group 1

units located in such State (and such Indian country) and having the
common designated representative for such control period.
* * * * *
    CSAPR NOX Ozone Season Group 3 allowance means a limited
authorization issued and allocated or auctioned by the Administrator
under subpart GGGGG of this part, Sec.  97.526(c), or Sec.  97.826(c),
or by a State or permitting authority under a SIP revision approved by
the Administrator under Sec.  52.38(b)(10), (11), (12), or (13) of this
chapter, to emit one ton of NOX during a control period of
the specified calendar year for which the authorization is allocated or
auctioned or of any calendar year thereafter under the CSAPR
NOX Ozone Season Group 3 Trading Program.
    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)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.504   [Amended]

0
49. In Sec.  97.504, amend paragraph (b) introductory text by removing
``or (2)(i)'' and adding in its place ``or (b)(2)(i)''.

Sec.  97.505   [Amended]

0
50. In Sec.  97.505, amend paragraph (b) by removing the subject
heading.

Sec.  97.506   [Amended]

0
51. In Sec.  97.506, amend paragraph (c)(4)(ii) by removing ``and
(2)(i)'' and adding in its place ``and (c)(2)(i)''.

Sec.  97.510   [Amended]

0
52. In Sec.  97.510, amend paragraph (a)(4)(v) by removing ``481'' and
adding in its place ``485''.
0
53. Amend Sec.  97.511 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.512(a)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii)(B), removing ``2017 or any subsequent
year'' and adding in its place ``a year from 2017 through 2022'';
0
f. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(1)(ii) of this section for a control period in 2023 or
thereafter,'';
0
g. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
h. Adding paragraph (b)(2)(i)(B);
0
i. In paragraph (b)(2)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.512(b)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
j. Revising paragraph (b)(2)(ii)(B);
0
k. In paragraph (b)(2)(iii)(B), removing ``2017 or any subsequent
year'' and adding in its place ``a year from 2017 through 2022'';
0
l. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(2)(ii) of this section for a control period in 2023 or
thereafter,'';
0
m. In paragraph (c)(5)(i)(A), adding ``(or a subsequent control
period)'' before ``for the State'';
0
n. In paragraph (c)(5)(i)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
o. In paragraph (c)(5)(ii)(A), adding ``(or a subsequent control
period)'' before the semicolon at the end of the paragraph;
0
p. In paragraph (c)(5)(ii)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision''; and
0
q. In paragraph (c)(5)(iii), adding ``(or a subsequent control
period)'' before the period at the end of the paragraph.
    The additions and revisions read as follows:

Sec.  97.511  Timing requirements for CSAPR NOX Ozone Season Group 1
allowance allocations.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Ozone Season
Group 1 allowance allocation to each CSAPR NOX Ozone Season
Group 1 unit in a State, in accordance with Sec.  97.512(a)(2) through
(7), (10), and (12), for the control period in the year before the year
of the applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(1)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(1)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(1)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Ozone Season
Group 1 allowance allocation to each CSAPR NOX Ozone Season
Group 1 unit in a State, in accordance with Sec.  97.512(b)(2) through
(7), (10), and (12), for the control period in the year before the year
of the applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(2)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(2)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required

in paragraph (b)(2)(i)(B) of this section for a control period in 2023
or thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(2)(ii)(A) of this section.
* * * * *
0
54. Amend Sec.  97.512 by:
0
a. Adding a subject heading to paragraph (a) introductory text;
0
b. In paragraph (a)(1)(i), removing ``Sec.  97.511(a)(1);'' and adding
in its place ``Sec.  97.511(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.530(b) not later
than September 30 of the year of the control period;'';
0
c. In paragraph (a)(1)(iii), removing ``control period; or'' and adding
in its place ``control period, for a control period before 2023, or
that operate during such control period, for a control period in 2023
or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraphs (a)(3)(ii) and (iv);
0
f. In paragraph (a)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
g. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
h. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
i. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
j. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2023, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2023 or thereafter, any unallocated'';
0
k. Redesignating paragraph (a)(11) as paragraph (a)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
l. Adding paragraph (a)(11)(ii);
0
m. Revising paragraph (a)(12);
0
n. Adding a subject heading to paragraph (b) introductory text;
0
o. In paragraph (b)(1)(i), removing ``Sec.  97.511(a)(1); or'' and
adding in its place ``Sec.  97.511(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.530(b) not later
than September 30 of the year of the control period; or'';
0
p. Revising paragraph (b)(3)(ii);
0
q. In paragraph (b)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
r. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
s. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
t. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
u. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2023, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2023 or thereafter, any
unallocated'';
0
v. Redesignating paragraph (b)(11) as paragraph (b)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
w. Adding paragraph (b)(11)(ii); and
0
x. Revising paragraph (b)(12).
    The additions and revisions read as follows:

Sec.  97.512   CSAPR NOX Ozone Season Group 1 allowance allocations to
new units.

    (a) Allocations from new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Ozone Season
Group 1 unit's monitoring systems under Sec.  97.530(b), for
allocations for a control period before 2023, or the control period
containing such deadline, for allocations for a control period in 2023
or thereafter;
* * * * *
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the first control period after the control period in which the unit
resumes operation, for allocations for a control period before 2023, or
the control period in which the unit resumes operation, for allocations
for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.511(b)(1)(i), (ii), and (v), of the
amount of CSAPR NOX Ozone Season Group 1 allowances
allocated under paragraphs (a)(2) through (7), (10), and (12) of this
section for such control period to each CSAPR NOX Ozone
Season Group 1 unit eligible for such allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period before 2023 under paragraph (a)(7)
of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or
paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a
control period in 2023 or thereafter under paragraph (a)(7) of this
section or paragraphs (a)(6) and (10) of this section, would otherwise
result in total allocations from such new unit set-aside unequal to the
total amount of such new unit set-aside, then the Administrator will
adjust the results of such calculations as follows. The Administrator
will list the CSAPR NOX Ozone Season Group 1 units in
descending order based on such units' allocation amounts under
paragraph (a)(7), (a)(9)(iv), or (a)(10) of this section, as
applicable, and, in cases of equal allocation amounts, in alphabetical
order of the relevant sources' names and numerical order of the
relevant units' identification numbers, and will adjust each unit's
allocation amount under such paragraph upward or downward by one CSAPR
NOX Ozone Season Group 1 allowance (but not below zero) in
the order in which the units are listed, and will repeat this
adjustment process as necessary, until the total allocations from such
new unit set-aside equal the total amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Ozone Season
Group 1 unit's monitoring systems under Sec.  97.530(b), for
allocations for a control period before 2023, or the control period
containing such deadline, for

allocations for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.511(b)(2)(i), (ii), and (v), of the
amount of CSAPR NOX Ozone Season Group 1 allowances
allocated under paragraphs (b)(2) through (7), (10), and (12) of this
section for such control period to each CSAPR NOX Ozone
Season Group 1 unit eligible for such allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period before 2023 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2023 or thereafter under
paragraph (b)(7) of this section, would otherwise result in total
allocations from such Indian country new unit set-aside unequal to the
total amount of such Indian country new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR NOX Ozone Season Group
1 units in descending order based on such units' allocation amounts
under paragraph (b)(7) or (b)(9)(iv) of this section, as applicable,
and, in cases of equal allocation amounts, in alphabetical order of the
relevant sources' names and numerical order of the relevant units'
identification numbers, and will adjust each unit's allocation amount
under such paragraph upward or downward by one CSAPR NOX
Ozone Season Group 1 allowance (but not below zero) in the order in
which the units are listed, and will repeat this adjustment process as
necessary, until the total allocations from such Indian country new
unit set-aside equal the total amount of such Indian country new unit
set-aside.

Sec.  97.520   [Amended]

0
55. In Sec.  97.520, amend paragraph (c)(3)(iii)(B) by removing ``to
NOX'' and adding in its place ``to CSAPR NOX''.
0
56. Amend Sec.  97.521 by:
0
a. Redesignating paragraph (f) as paragraph (f)(1), removing ``By July
1, 2019 and July 1 of each year thereafter,'' and adding in its place
``By July 1, 2019 and July 1, 2020,'';
0
b. Adding paragraph (f)(2);
0
c. Redesignating paragraph (g) as paragraph (g)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
f. Adding paragraph (h)(2); and
0
g. In paragraphs (i)(2) and (j)(2), removing ``By February 15, 2018 and
February 15 of each year thereafter,'' and adding in its place ``By
February 15 of each year from 2018 through 2023,''.
    The additions read as follows:

Sec.  97.521   Recordation of CSAPR NOX Ozone Season Group 1 allowance
allocations and auction results.

* * * * *
    (f) * * *
    (2) By July 1, 2022 and July 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 1 source's compliance account the CSAPR NOX Ozone
Season Group 1 allowances allocated to the CSAPR NOX Ozone
Season Group 1 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 1
allowances auctioned to CSAPR NOX Ozone Season Group 1
units, in accordance with Sec.  97.511(a), or with a SIP revision
approved under Sec.  52.38(b)(4) or (5) of this chapter, for the
control period in the third year after the year of the applicable
recordation deadline under this paragraph.
    (g) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 1 source's compliance account the CSAPR NOX Ozone
Season Group 1 allowances allocated to the CSAPR NOX Ozone
Season Group 1 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 1
allowances auctioned to CSAPR NOX Ozone Season Group 1
units, in accordance with Sec.  97.512(a)(2) through (12), or with a
SIP revision approved under Sec.  52.38(b)(4) or (5) of this chapter,
for the control period in the year before the year of the applicable
recordation deadline under this paragraph.
    (h) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 1 source's compliance account the CSAPR NOX Ozone
Season Group 1 allowances allocated to the CSAPR NOX Ozone
Season Group 1 units at the source in accordance with Sec.
97.512(b)(2) through (12) for the control period in the year before the
year of the applicable recordation deadline under this paragraph.
* * * * *
0
57. Amend Sec.  97.524 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.524   Compliance with CSAPR NOX Ozone Season Group 1 emissions
limitation.

* * * * *
    (c) Selection of CSAPR NOX Ozone Season Group 1 allowances for
deduction--(1) Identification by serial number. The designated
representative for a source may request that specific CSAPR
NOX Ozone Season Group 1 allowances, identified by serial
number, in the source's compliance account be deducted for emissions or
excess emissions for a control period in a given year in accordance
with paragraph (b) or (d) of this section. In order to be complete,
such request shall be submitted to the Administrator by the allowance
transfer deadline for such control period and include, in a format
prescribed by the Administrator, the identification of the CSAPR
NOX Ozone Season Group 1 source and the appropriate serial
numbers.
* * * * *
0
58. Amend Sec.  97.525 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. In paragraph (b)(2)(i), removing ``By July 1'' and adding in its
place ``For a control period before 2023 only, by July 1'';
0
c. Revising paragraphs (b)(2)(ii), (b)(2)(iii) introductory text, and
(b)(2)(iii)(A);
0
d. In paragraph (b)(2)(iii)(B), removing ``such notice,'' and adding in
its place ``such notice or notices,''; and
0
e. In paragraph (b)(6)(ii), removing ``If any such data'' and adding in
its place ``For a control period before 2023 only, if any such data''.
    The revisions read as follows:

Sec.  97.525   Compliance with CSAPR NOX Ozone Season Group 1 assurance
provisions.

* * * * *
    (b) * * *
    (1) By June 1 of each year from 2018 through 2023 and by August 1
of each year thereafter, the Administrator will:
* * * * *
    (ii) If the calculations under paragraph (b)(1)(i) of this section
indicate that the total NOX emissions from all CSAPR
NOX Ozone Season Group 1 units at CSAPR NOX Ozone

Season Group 1 sources in any State (and Indian country within the
borders of such State) during such control period exceed the State
assurance level for such control period, promulgate a notice of data
availability of the results of the calculations required in paragraph
(b)(1)(i) of this section, including separate calculations of the
NOX emissions from each CSAPR NOX Ozone Season
Group 1 source.
    (2) * * *
    (ii) The Administrator will calculate, for each such State (and
Indian country within the borders of such State) and such control
period and each common designated representative for such control
period for a group of one or more CSAPR NOX Ozone Season
Group 1 sources and units in the State (and Indian country within the
borders of such State), the common designated representative's share of
the total NOX emissions from all CSAPR NOX Ozone
Season Group 1 units at CSAPR NOX Ozone Season Group 1
sources in the State (and Indian country within the borders of such
State), the common designated representative's assurance level, and the
amount (if any) of CSAPR NOX Ozone Season Group 1 allowances
that the owners and operators of such group of sources and units must
hold in accordance with the calculation formula in Sec.
97.506(c)(2)(i). For a control period before 2023, if the results of
these calculations were not included in the notice of data availability
required in paragraph (b)(1)(ii) of this section, the Administrator
will promulgate a notice of data availability of the results of these
calculations by August 1 immediately after the promulgation of such
notice. For a control period in 2023 or thereafter, the Administrator
will include the results of these calculations in the notice of data
availability required in paragraph (b)(1)(ii) of this section.
    (iii) The Administrator will provide an opportunity for submission
of objections to the calculations referenced by the notice or notices
of data availability required in paragraphs (b)(1)(ii) and (b)(2)(ii)
of this section.
    (A) Objections shall be submitted by the deadline specified in such
notice or notices and shall be limited to addressing whether the
calculations referenced in the notice or notices are in accordance with
Sec.  97.506(c)(2)(iii), Sec. Sec.  97.506(b) and 97.530 through
97.535, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.502, and the
calculation formula in Sec.  97.506(c)(2)(i).
* * * * *
0
59. Amend Sec.  97.526 by:
0
a. Revising the section heading;
0
b. Removing the paragraph (c) subject heading;
0
c. Revising paragraphs (c) introductory text, (c)(2) introductory text,
(c)(2)(ii) and (iii), (c)(3) introductory text, (c)(3)(ii) and (iii),
and (c)(4);
0
d. In paragraphs (c)(5)(i) and (ii), adding ``or CSAPR NOX
Ozone Season Group 3 allowances'' after ``CSAPR NOX Ozone
Season Group 2 allowances'';
0
e. In paragraph (c)(5)(iii), adding ``or CSAPR NOX Ozone
Season Group 3 allowances'' after ``CSAPR NOX Ozone Season
Group 2 allowances'' wherever it appears;
0
f. In paragraph (c)(6), adding ``or CSAPR NOX Ozone Season
Group 3 allowances, as applicable,'' after ``CSAPR NOX Ozone
Season Group 2 allowances'';
0
g. Revising paragraph (c)(7) introductory text;
0
h. In paragraph (c)(7)(i), adding ``or (iv)'' after ``Sec.
52.38(b)(2)(iii)''; and
0
i. Revising paragraph (c)(7)(ii).
    The revisions read as follows:

Sec.  97.526   Banking and conversion.

* * * * *
    (c) Notwithstanding any other provision of this subpart, part 52 of
this chapter, or any SIP revision approved under Sec.  52.38(b)(4) or
(5) of this chapter, the Administrator will remove CSAPR NOX
Ozone Season Group 1 allowances from compliance accounts and general
accounts and allocate in their place amounts of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances as provided in paragraphs (c)(1) through (5) of this
section and will record CSAPR NOX Ozone Season Group 2
allowances or CSAPR NOX Ozone Season Group 3 allowances in
lieu of initially recording CSAPR NOX Ozone Season Group 1
allowances as provided in paragraph (c)(6) of this section.
* * * * *
    (2) As soon as practicable after approval of a SIP revision under
Sec.  52.38(b)(6) or (10) of this chapter for a State listed in Sec.
52.38(b)(2)(i) of this chapter, but not later than the allowance
transfer deadline defined under Sec.  97.802 or Sec.  97.1002 for the
initial control period described with regard to such SIP revision in
Sec.  52.38(b)(6)(ii)(A) of this chapter or Sec.  52.38(b)(10)(ii)(A)
of this chapter, as applicable, the Administrator will temporarily
suspend acceptance of CSAPR NOX Ozone Season Group 1
allowance transfers submitted under Sec.  97.522 and, before resuming
acceptance of such transfers, will take the following actions with
regard to every general account and every compliance account, unless
otherwise provided in such approval of the SIP revision:
* * * * *
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the NOX Ozone Season Group 1 trading budget set
forth for such State in Sec.  97.510(a) divided by the NOX
Ozone Season Group 2 trading budget set forth for such State in Sec.
97.810(a), in the case of a SIP revision under Sec.  52.38(b)(6) of
this chapter, or divided by the NOX Ozone Season Group 3
trading budget set forth for such State in Sec.  97.1010(a), in the
case of a SIP revision under Sec.  52.38(b)(10) of this chapter.
    (iii) The Administrator will allocate to and record in each such
account an amount of CSAPR NOX Ozone Season Group 2
allowances, in the case of a SIP revision under Sec.  52.38(b)(6) of
this chapter, or CSAPR NOX Ozone Season Group 3 allowances,
in the case of a SIP revision under Sec.  52.38(b)(10) of this chapter,
for each control period for which CSAPR NOX Ozone Season
Group 1 allowances were removed from such account, where each such
amount is determined as the quotient of the number of CSAPR
NOX Ozone Season Group 1 allowances for such control period
removed from such account under paragraph (c)(2)(i) of this section
divided by the conversion factor determined under paragraph (c)(2)(ii)
of this section, rounded up to the nearest whole allowance, except as
provided in paragraphs (c)(4) and (5) of this section.
    (3) As soon as practicable after approval of a SIP revision under
Sec.  52.38(b)(6) or (10) of this chapter for a State listed in Sec.
52.38(b)(2)(i) of this chapter, but not before the completion of
deductions under Sec.  97.524 for the control period before the initial
control period described with regard to such SIP revision in Sec.
52.38(b)(6)(ii)(A) of this chapter or Sec.  52.38(b)(10)(ii)(A) of this
chapter, as applicable, and not later than the allowance transfer
deadline defined under Sec.  97.802 or Sec.  97.1002 for such initial
control period, the Administrator will temporarily suspend acceptance
of CSAPR NOX Ozone Season Group 1 allowance transfers
submitted under Sec.  97.522 and, before resuming acceptance of such
transfers, will take the following actions with regard to every
compliance account for a CSAPR NOX Ozone Season Group 1

source located in such State, provided that if the provisions of Sec.
52.38(b)(2)(i) of this chapter or a SIP revision approved under Sec.
52.38(b)(5) of this chapter will no longer apply to any source in any
State or Indian country within the borders of any State with regard to
emissions occurring in such initial control period or any subsequent
control period, the Administrator instead will permanently end
acceptance of CSAPR NOX Ozone Season Group 1 allowance
transfers submitted under Sec.  97.522 and will take the following
actions with regard to every general account and every compliance
account:
* * * * *
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the sum of all CSAPR NOX Ozone Season Group 1
allowances removed from all such accounts under paragraph (c)(3)(i) of
this section divided by the product of 1.5 times the variability limit
for such initial control period set forth for such State in Sec.
97.810(b), in the case of a SIP revision under Sec.  52.38(b)(6) of
this chapter, or divided by the variability limit for such initial
control period set forth for such State in Sec.  97.1010(b), in the
case of a SIP revision under Sec.  52.38(b)(10) of this chapter.
    (iii) The Administrator will allocate to and record in each such
account an amount of CSAPR NOX Ozone Season Group 2
allowances, in the case of a SIP revision under Sec.  52.38(b)(6) of
this chapter, or CSAPR NOX Ozone Season Group 3 allowances,
in the case of a SIP revision under Sec.  52.38(b)(10) of this chapter,
for such initial control period, where such amount is determined as the
quotient of the number of CSAPR NOX Ozone Season Group 1
allowances removed from such account under paragraph (c)(3)(i) of this
section divided by the conversion factor determined under paragraph
(c)(3)(ii) of this section, rounded up to the nearest whole allowance,
except as provided in paragraphs (c)(4) and (5) of this section.
    (4)(i) Where, pursuant to paragraph (c)(1)(i), (c)(2)(i), or
(c)(3)(i) of this section, the Administrator removes CSAPR
NOX Ozone Season Group 1 allowances from the compliance
account for a source located in a State that is not listed in Sec.
52.38(b)(2)(iii) or (v) of this chapter and for which no SIP revision
has been approved under Sec.  52.38(b)(6) or (10) of this chapter or
Indian country within the borders of such a State, the Administrator
will not record CSAPR NOX Ozone Season Group 2 allowances or
CSAPR NOX Ozone Season Group 3 allowances in that compliance
account but instead will allocate to and record in a general account
CSAPR NOX Ozone Season Group 2 allowances or CSAPR
NOX Ozone Season Group 3 allowances, as applicable, for the
control periods and in the amounts determined in accordance with
paragraph (c)(1)(iii), (c)(2)(iii), or (c)(3)(iii) of this section,
respectively, provided that the designated representative for such
source identifies such general account in a submission to the
Administrator by the later of [DATE 90 DAYS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register] or 180 days after the date
on which the Administrator removes CSAPR NOX Ozone Season
Group 1 allowances from the source's compliance account under paragraph
(c)(1)(i), (c)(2)(i), or (c)(3)(i) of this section.
    (ii) If the designated representative for a source described in
paragraph (c)(4)(i) of this section does not make a submission
identifying a general account for recordation of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances, as applicable, by the later of [DATE 90 DAYS AFTER
DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register] or 180
days after the date on which the Administrator removes CSAPR
NOX Ozone Season Group 1 allowances from the source's
compliance account under paragraph (c)(1)(i), (c)(2)(i), or (c)(3)(i)
of this section, the Administrator will transfer the CSAPR
NOX Ozone Season Group 2 allowances or CSAPR NOX
Ozone Season Group 3 allowances to a surrender account. A submission by
the designated representative under paragraph (c)(4)(i) of this section
after such a transfer has taken place shall have no effect.
* * * * *
    (7) Notwithstanding any other provision of this subpart or subpart
EEEEE or GGGGG of this part, CSAPR NOX Ozone Season Group 2
allowances or CSAPR NOX Ozone Season Group 3 allowances may
be used to satisfy requirements to hold CSAPR NOX Ozone
Season Group 1 allowances under this subpart as follows, provided that
nothing in this paragraph alters the time as of which any such
allowance holding requirement must be met or limits any consequence of
a failure to timely meet any such allowance holding requirement:
* * * * *
    (ii) After the Administrator has carried out the procedures set
forth in paragraph (c)(3) of this section, the owner or operator of a
CSAPR NOX Ozone Season Group 1 unit in a State listed in
Sec.  52.38(b)(2)(i) of this chapter may satisfy a requirement to hold
a given number of CSAPR NOX Ozone Season Group 1 allowances
for a control period before the initial control period described with
regard to the State's SIP revision in Sec.  52.38(b)(6)(ii)(A) or
(b)(10)(ii)(A) of this chapter by holding instead, in a general account
established for this sole purpose, an amount of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances, as applicable, for such initial control period or
any previous control period, where such amount of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances is computed as the quotient of such given number of
CSAPR NOX Ozone Season Group 1 allowances divided by the
conversion factor determined under paragraph (c)(3)(ii) of this
section, rounded up to the nearest whole allowance.

Sec.  97.531   [Amended]

0
60. In Sec.  97.531, amend paragraph (d)(3) introductory text by
removing in the last sentence ``with'' after ``is replaced by''.

Subpart CCCCC--CSAPR SO2 Group 1 Trading Program

0
61. Amend Sec.  97.602 by:
0
a. Revising the definition of ``allowance transfer deadline'';
0
b. In the definition of ``alternate designated representative'',
removing ``or CSAPR NOX Ozone Season Group 2 Trading
Program,'' and adding in its place ``CSAPR NOX Ozone Season
Group 2 Trading Program, or CSAPR NOX Ozone Season Group 3
Trading Program,'';
0
c. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
d. Revising the definitions of ``common designated representative's