not provide for any change in any allocation determined and recorded by
the Administrator under subpart GGGGG of part 97 of this chapter or
Sec.  97.526(d) or Sec.  97.826(d) of this chapter;
    (iv) May adopt, in addition to the definitions in Sec.  97.1002 of
this chapter, one or more definitions that shall apply only to terms as
used in the CSAPR NOX Ozone Season Group 3 allowance
allocation or auction provisions adopted under paragraph (b)(12)(iii)
of this section;
    (v) May substitute the name of the State for the term ``State'' as
used in subpart GGGGG of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make
substantive changes in the provisions in Sec. Sec.  97.1002 through
97.1035 of this chapter; and
    (vi) Must not include any of the requirements imposed on any unit
in Indian country within the borders of the State in the provisions in
Sec. Sec.  97.1002 through 97.1035 of this chapter and must not include
the provisions in Sec. Sec.  97.1011(b)(2) and (c)(5)(iii), 97.1012(b),
and 97.1021(h) of this chapter, all of which provisions will continue
to apply under any portion of the CSAPR Federal Implementation Plan
that is not replaced by the SIP revision;
    (vii) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the
provisions in Sec. Sec.  97.1002 (definitions of ``base CSAPR
NOX Ozone Season Group 3 source'', ``base CSAPR
NOX Ozone Season Group 3 unit'', ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.1006(c)(2), and 97.1025 of this chapter and the portions of other
provisions of subpart GGGGG of part 97 of this chapter referencing
these sections and may modify any portion of the CSAPR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions; and
    (viii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(12)(i) through (vi) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(12)(iii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(12)(i), (ii), or (iii) of this section.
    (13) Withdrawal of CSAPR FIP provisions relating to NOX ozone
season emissions; satisfaction of NOX SIP Call requirements. Following
promulgation of an approval by the Administrator of a State's SIP
revision as correcting the SIP's deficiency that is the basis for the
CSAPR Federal Implementation Plan set forth in paragraphs (b)(1),
(b)(2)(i), and (b)(3) and (4) of this section, paragraphs (b)(1),
(b)(2)(iii) or (iv), and (b)(7) and (8) of this section, or paragraphs
(b)(1), (b)(2)(v), and (b)(10) and (11) of this section for sources in
the State--
* * * * *
    (14) Continued applicability of certain federal trading program
provisions for NOX ozone season emissions. (i) Notwithstanding the
provisions of paragraph (b)(13)(i) of this section or any State's SIP,
when carrying out the functions of the Administrator under any State
CSAPR NOX Ozone Season Group 1 Trading Program or State
CSAPR NOX Ozone Season Group 2 Trading Program pursuant to a
SIP revision approved under this section, the Administrator will apply
the following provisions of this section, as amended, and the following
provisions of subpart BBBBB of part 97 of this chapter, as amended, or
subpart EEEEE of part 97 of this chapter, as amended, with regard to
the State and any source subject to such State trading program:
    (A) The definitions in Sec.  97.502 of this chapter or Sec.  97.802
of this chapter;
    (B) The provisions in Sec.  97.510(a) of this chapter (concerning
in part the amounts of the new unit set-asides);
    (C) The provisions in Sec. Sec.  97.511(b)(1) and 97.512(a) of this
chapter or

Sec. Sec.  97.811(b)(1) and 97.812(a) of this chapter (concerning the
procedures for administering the new unit set-asides), except where the
State allocates or auctions CSAPR NOX Ozone Season Group 1
allowances or CSAPR NOX Ozone Season Group 2 allowances
under an approved SIP revision;
    (D) The provisions in Sec.  97.511(c)(5) of this chapter or Sec.
97.811(c)(5) of this chapter (concerning the disposition of incorrectly
allocated CSAPR NOX Ozone Season Group 1 allowances or CSAPR
NOX Ozone Season Group 2 allowances);
    (E) The provisions in Sec.  97.521(f), (g), and (i) of this chapter
or Sec.  97.821(f), (g), and (i) of this chapter (concerning the
deadlines for recordation of allocations or auctions of CSAPR
NOX Ozone Season Group 1 allowances or CSAPR NOX
Ozone Season Group 2 allowances) and the provisions in paragraphs
(b)(4)(ii)(B) and (C) and (b)(5)(ii)(B) and (C) of this section or
paragraphs (b)(8)(iii)(B) and (C) and (b)(9)(iii)(B) and (C) of this
section (concerning the deadlines for submission to the Administrator
of State-determined allocations or auction results);
    (F) The provisions in Sec.  97.525(b) of this chapter or Sec.
97.825(b) of this chapter (concerning the procedures for administering
the assurance provisions); and
    (G) The provisions in Sec.  97.526(e) of this chapter or Sec.
97.826(e) of this chapter (concerning the use of CSAPR NOX
Ozone Season Group 2 allowances or CSAPR NOX Ozone Season
Group 3 allowances to satisfy requirements to hold CSAPR NOX
Ozone Season Group 1 allowances or the use of CSAPR NOX
Ozone Season Group 3 allowances to satisfy requirements to hold CSAPR
NOX Ozone Season Group 2 allowances).
    (ii) Notwithstanding the provisions of paragraph (b)(13)(i) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR NOX Ozone Season Group 1 allowances
under subpart BBBBB of part 97 of this chapter, or allocations of CSAPR
NOX Ozone Season Group 2 allowances under subpart EEEEE of
part 97 of this chapter, or allocations of CSAPR NOX Ozone
Season Group 3 allowances under subpart GGGGG of part 97 of this
chapter, to units in the State 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.
    (iii) Notwithstanding any discontinuation of the applicability of
subpart BBBBB or EEEEE of part 97 of this chapter to the sources in a
State with regard to emissions occurring in any control period pursuant
to paragraph (b)(2)(ii) or (iv) or (b)(13)(i) of this section, the
following provisions shall continue to apply with regard to all CSAPR
NOX Ozone Season Group 1 allowances and CSAPR NOX
Ozone Season Group 2 allowances at any time allocated for any control
period to any source or other entity in the State and shall apply to
all entities, wherever located, that at any time held or hold such
allowances:
    (A) The provisions of Sec.  97.526(c) of this chapter (concerning
the transfer of CSAPR NOX Ozone Season Group 1 allowances
between certain Allowance Management System accounts under common
control);
    (B) The provisions of Sec.  97.526(d) of this chapter (concerning
the conversion of amounts of unused CSAPR NOX Ozone Season
Group 1 allowances allocated for control periods before 2017 to
different amounts of CSAPR NOX Ozone Season Group 2
allowances or CSAPR NOX Ozone Season Group 3 allowances);
    (C) The provisions of Sec.  97.826(c) of this chapter (concerning
the transfer of CSAPR NOX Ozone Season Group 2 allowances
between certain Allowance Management System accounts under common
control);
    (D) The provisions of Sec.  97.826(d) of this chapter (concerning
the conversion of amounts of unused CSAPR NOX Ozone Season
Group 2 allowances allocated for control periods before 2021 to
different amounts of CSAPR NOX Ozone Season Group 3
allowances); and
    (E) The provisions of Sec.  97.811(d) of this chapter (concerning
the recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all CSAPR NOX Ozone
Season Group 2 allowances allocated for control periods after 2020 and
recorded in the compliance accounts of sources in States listed in
paragraph (b)(2)(iv) of this section).
    (15) States with approved SIP revisions addressing the CSAPR NOX
Ozone Season Group 1 Trading Program. * * *
* * * * *
    (16) States with approved SIP revisions addressing the CSAPR NOX
Ozone Season Group 2 Trading Program. (i) The following States have SIP
revisions approved by the Administrator under paragraph (b)(7), (8), or
(9) of this section:
* * * * *
    (ii) Notwithstanding any provision of subpart EEEEE of part 97 of
this chapter or any State's SIP, with regard to any State listed in
paragraph (b)(2)(iv) of this section and any control period that begins
after December 31, 2020, the Administrator will not carry out any of
the functions set forth for the Administrator in subpart EEEEE of part
97 of this chapter, except Sec. Sec.  97.811(d) and 97.826(c) and (d)
of this chapter, or in any emissions trading program provisions in a
State's SIP approved under paragraph (b)(8) or (9) of this section.
    (17) States with approved SIP revisions addressing the CSAPR NOX
Ozone Season Group 3 Trading Program. The following States have SIP
revisions approved by the Administrator under paragraph (b)(10), (11),
or (12) of this section:
    (i) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(10) of this section as
replacing the CSAPR NOX Ozone Season Group 3 allowance
allocation provisions in Sec.  97.1011(a) of this chapter with regard
to the State and the control period in 2022: [None].
    (ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(11) of this section as
replacing the CSAPR NOX Ozone Season Group 3 applicability
provisions in Sec.  97.1004(a) and (b) or Sec.  97.1004(a)(1) and (2)
of this chapter or the CSAPR NOX Ozone Season Group 2
allowance allocation provisions in Sec. Sec.  97.1011(a) and (b)(1) and
97.1012(a) of this chapter with regard to the State and the control
period in 2023 or any subsequent year: [None].
    (iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(12) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(v), and
(b)(10) and (11) of this section with regard to sources in the State
(but not sources in any Indian country within the borders of the
State): [None].

0
5. Amend Sec.  52.39 by:
0
a. Adding a paragraph heading to paragraph (a) and removing
``(SO2).'' and adding in its place ``(SO2),
except as otherwise provided in this section.'';
0
b. Adding paragraph headings to paragraphs (b) and (c);
0
c. Adding a paragraph heading to paragraph (d) introductory text and
removing ``Notwithstanding the provisions of paragraph (a) of this

section, a State'' and adding in its place ``A State'';
0
d. Revising paragraph (e) introductory text;
0
e. In paragraph (e)(1)(i), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
f. In paragraph (e)(1)(ii), removing ``the following dates:'' and
adding in its place ``the dates in Table 1 to this paragraph;'', adding
a heading to the table, removing the table entry for ``2023 and any
year thereafter'', and adding table entries for ``2023 and 2024'' and
``2025 and any year thereafter'';
0
g. In paragraph (e)(1)(iii), removing ``year of such control period.''
and adding in its place ``year of such control period, for a control
period before 2021, or by April 1 of the year following the control
period, for a control period in 2021 or thereafter; and'';
0
h. Adding a paragraph heading to paragraph (f) introductory text and
removing ``Notwithstanding the provisions of paragraph (a) of this
section, a State'' and adding in its place ``A State'';
0
i. In paragraph (f)(1)(i), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
j. In paragraph (f)(1)(ii), removing ``the following dates:'' and
adding in its place ``the dates in Table 2 to this paragraph;'', adding
a heading to the table, removing the table entry for ``2023 and any
year thereafter'', and adding table entries for ``2023 and 2024'' and
``2025 and any year thereafter'';
0
k. In paragraph (f)(1)(iii), removing ``year of such control period.''
and adding in its place ``year of such control period, for a control
period before 2021, or by April 1 of the year following the control
period, for a control period in 2021 or thereafter; and'';
0
l. In paragraph (f)(5), adding ``and'' after the semicolon at the end
of the paragraph;
0
m. Adding a paragraph heading to paragraph (g) introductory text and
removing ``Notwithstanding the provisions of paragraph (a) of this
section, a State'' and adding in its place ``A State'';
0
n. Revising paragraph (h) introductory text;
0
o. In paragraph (h)(1)(i), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
p. In paragraph (h)(1)(ii), removing ``the following dates:'' and
adding in its place ``the dates in Table 3 to this paragraph;'', adding
a heading to the table, removing the table entry for ``2023 and any
year thereafter'', and adding table entries for ``2023 and 2024'' and
``2025 and any year thereafter'';
0
q. In paragraph (h)(1)(iii), removing ``year of such control period.''
and adding in its place ``year of such control period, for a control
period before 2021, or by April 1 of the year following the control
period, for a control period in 2021 or thereafter; and'';
0
r. Adding a paragraph heading to paragraph (i) introductory text and
removing ``Notwithstanding the provisions of paragraph (a) of this
section, a State'' and adding in its place ``A State'';
0
s. In paragraph (i)(1)(i), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
t. In paragraph (i)(1)(ii), removing ``the following dates:'' and
adding in its place ``the dates in Table 4 to this paragraph;'', adding
a heading to the table, removing the table entry for ``2023 and any
year thereafter'', and adding table entries for ``2023 and 2024'' and
``2025 and any year thereafter'';
0
u. In paragraph (i)(1)(iii), removing ``year of such control period.''
and adding in its place ``year of such control period, for a control
period before 2021, or by April 1 of the year following the control
period, for a control period in 2021 or thereafter; and'';
0
v. In paragraph (i)(5), adding ``and'' after the semicolon at the end
of the paragraph;
0
w. Adding a paragraph heading to paragraph (j) and removing ``Following
promulgation'' and adding in its place ``Except as provided in
paragraph (k) of this section, following promulgation'';
0
x. Revising paragraph (k); and
0
y. Adding paragraph headings to paragraphs (l) introductory text and
(m) introductory text.
    The additions and revisions read as follows:

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

    (a) General requirements for SO2 emissions. * * *
    (b) Applicability of CSAPR SO2 Group 1 Trading Program provisions.
* * *
    (c) Applicability of CSAPR SO2 Group 2 Trading Program provisions.
* * *
* * * * *
    (d) State-determined allocations of CSAPR SO2 Group 1 allowances
for 2016. * * *
* * * * *
    (e) Abbreviated SIP revisions replacing certain provisions of the
federal CSAPR SO2 Group 1 Trading Program. A State listed in paragraph
(b) of this section may adopt and include in a SIP revision, and the
Administrator will approve, regulations replacing specified provisions
of subpart CCCCC of part 97 of this chapter for the State's sources,
and not substantively replacing any other provisions, as follows:
    (1) * * *
    (ii) * * *

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

                              * * * * * * *
2023 and 2024..........................  June 1 of the fourth year
                                          before the year of the control
                                          period.
2025 and any year thereafter...........  June 1 of the third year before
                                          the year of the control
                                          period.
------------------------------------------------------------------------

* * * * *
    (f) Full SIP revisions adopting State CSAPR SO2 Group 1
Trading Programs. * * *
    (1) * * *
    (ii) * * *

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

                              * * * * * * *
2023 and 2024..........................  June 1 of the fourth year
                                          before the year of the control
                                          period.
2025 and any year thereafter...........  June 1 of the third year before
                                          the year of the control
                                          period.
------------------------------------------------------------------------

* * * * *
    (g) State-determined allocations of CSAPR SO2 Group 2 allowances
for 2016. * * *
* * * * *
    (h) Abbreviated SIP revisions replacing certain provisions of the
federal CSAPR SO2 Group 2 Trading Program. A State listed in
paragraph (c)(1) of this section may adopt and include in a SIP
revision, and the Administrator will approve, regulations replacing
specified provisions of subpart DDDDD of part 97 of this chapter for
the State's sources, and not substantively replacing any other
provisions, as follows:
    (1) * * *
    (ii) * * *

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

                              * * * * * * *
2023 and 2024..........................  June 1 of the fourth year
                                          before the year of the control
                                          period.
2025 and any year thereafter...........  June 1 of the third year before
                                          the year of the control
                                          period.
------------------------------------------------------------------------

* * * * *
    (i) Full SIP revisions adopting State CSAPR SO2 Group 2 Trading
Programs. * * *
    (1) * * *
    (ii) * * *

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

                              * * * * * * *
2023 and 2024..........................  June 1 of the fourth year
                                          before the year of the control
                                          period.
2025 and any year thereafter...........  June 1 of the third year before
                                          the year of the control
                                          period.
------------------------------------------------------------------------

* * * * *
    (j) Withdrawal of CSAPR FIP provisions relating to SO2 emissions. *
* *
    (k) Continued applicability of certain federal trading program
provisions for SO2 emissions. (1) Notwithstanding the provisions of
paragraph (j) of this section or any State's SIP, when carrying out the
functions of the Administrator under any State CSAPR SO2
Group 1 Trading Program or State CSAPR SO2 Group 2 Trading
Program pursuant to a SIP revision approved under this section, the
Administrator will apply the following provisions of this section, as
amended, and the following provisions of subpart CCCCC of part 97 of
this chapter, as amended, or subpart DDDDD of part 97 of this chapter,
as amended, with regard to the State and any source subject to such
State trading program:
    (i) The definitions in Sec.  97.602 of this chapter or Sec.  97.702
of this chapter;
    (ii) The provisions in Sec.  97.610(a) of this chapter or Sec.
97.710(a) of this chapter (concerning in part the amounts of the new
unit set-asides);
    (iii) The provisions in Sec. Sec.  97.611(b)(1) and 97.612(a) of
this chapter or Sec. Sec.  97.711(b)(1) and 97.712(a) of this chapter
(concerning the procedures for administering the new unit set-asides),
except where the State allocates or auctions CSAPR SO2 Group
1 allowances or CSAPR SO2 Group 2 allowances under an
approved SIP revision;
    (iv) The provisions in Sec.  97.611(c)(5) of this chapter or Sec.
97.711(c)(5) of this chapter (concerning the disposition of incorrectly
allocated CSAPR SO2 Group 1 allowances or CSAPR
SO2 Group 2 allowances);
    (v) The provisions in Sec.  97.621(f), (g), and (i) of this chapter
or Sec.  97.721(f), (g), and (i) of this chapter (concerning the
deadlines for recordation of allocations or auctions of CSAPR
SO2 Group 1 allowances or CSAPR SO2 Group 2
allowances) and the provisions in paragraphs (e)(1)(ii) and (iii) and
(f)(1)(ii) and (iii) of this section or paragraphs (h)(1)(ii) and (iii)
and (i)(1)(ii) and (iii) of this section (concerning the deadlines for
submission to the Administrator of State-determined allocations or
auction results); and
    (vi) The provisions in Sec.  97.625(b) of this chapter or Sec.
97.725(b) of this chapter (concerning the procedures for administering
the assurance provisions).
    (2) Notwithstanding the provisions of paragraph (j) of this
section, if, at the time of any approval of a State's SIP revision
under this section, the Administrator has already started recording any
allocations of CSAPR SO2 Group 1 allowances under subpart
CCCCC of part 97 of this chapter, or allocations of CSAPR
SO2 Group 2 allowances under subpart DDDDD of part 97 of
this chapter, to units in the

State 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.
    (l) States with approved SIP revisions addressing the CSAPR SO2
Group 1 Trading Program. * * *
* * * * *
    (m) States with approved SIP revisions addressing the CSAPR SO2
Group 2 Trading Program. * * *
* * * * *

Subpart O--Illinois

0
6. Amend Sec.  52.731 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (3) The owner and operator of each source and each unit located in
the State of Illinois 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 Illinois' 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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart P--Indiana

0
7. Amend Sec.  52.789 by revising paragraphs (b)(2) and (3) and adding
paragraphs (b)(4) and (5) 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 through 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, 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 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.
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart S--Kentucky

0
8. Amend Sec.  52.940 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears,

and removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart T--Louisiana

0
9. Amend Sec.  52.984 by:
0
a. In paragraph (d)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second and
third sentences;
0
b. Redesignating paragraph (d)(3) as paragraph (d)(4) and adding a new
paragraph (d)(3);
0
c. In newly redesignated paragraph (d)(4), removing ``(d)(2)'' and
adding in its place ``(d)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (d)(5).
    The additions read as follows:

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

* * * * *
    (d) * * *
    (3) The 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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (d)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart V--Maryland

0
10. Amend Sec.  52.1084 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart X--Michigan

0
11. Amend Sec.  52.1186 by:

0
a. In paragraph (e)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second and
third sentences;
0
b. Redesignating paragraph (e)(3) as paragraph (e)(4) and adding a new
paragraph (e)(3);
0
c. In newly redesignated paragraph (e)(4), removing ``(e)(2)'' and
adding in its place ``(e)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (e)(5).
    The additions read as follows:

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

* * * * *
    (e) * * *
    (3) The 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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (e)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart FF--New Jersey

0
12. Amend Sec.  52.1584 by:
0
a. In paragraph (e)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (e)(3) as paragraph (e)(4) and adding a new
paragraph (e)(3);
0
c. In newly redesignated paragraph (e)(4), removing ``(e)(2)'' and
adding in its place ``(e)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (e)(5).
    The additions read as follows:

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

* * * * *
    (e) * * *
    (3) The owner and operator of each source and each unit located in
the State of 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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (e)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart HH--New York

0
13. Amend Sec.  52.1684 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second and
third sentences;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (3) The 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.
* * * * *

    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart KK--Ohio

0
14. Amend Sec.  52.1882 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart NN--Pennsylvania

0
15. Amend Sec.  52.2040 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart VV--Virginia

0
16. Amend Sec.  52.2440 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

Subpart XX--West Virginia

0
17. Amend Sec.  52.2540 by:
0
a. In paragraph (b)(2), removing ``2017 and each subsequent year.'' and
adding in its place ``2017 through 2020.'', and removing the second
sentence;
0
b. Redesignating paragraph (b)(3) as paragraph (b)(4) and adding a new
paragraph (b)(3);
0
c. In newly redesignated paragraph (b)(4), removing ``(b)(2)'' and
adding in its place ``(b)(3)'' each time it appears, removing ``Group
2'' and adding in its place ``Group 3'' each time it appears, and
removing ``EEEEE'' and adding in its place ``GGGGG'' each time it
appears; and
0
d. Adding paragraph (b)(5).
    The additions read as follows:

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

* * * * *
    (b) * * *
    (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.
* * * * *
    (5) Notwithstanding the provisions of paragraph (b)(2) of this
section, after 2020 the provisions of Sec.  97.826(c) of this chapter
(concerning the transfer of CSAPR NOX Ozone Season Group 2
allowances between certain accounts under common control), the
provisions of Sec.  97.826(d) of this chapter (concerning the
conversion of amounts of unused CSAPR NOX Ozone Season Group
2 allowances allocated for control periods before 2021 to different
amounts of CSAPR NOX Ozone Season Group 3 allowances), and
the provisions of Sec.  97.811(d) of this chapter (concerning the
recall of CSAPR NOX Ozone Season Group 2 allowances
equivalent in quantity and usability to all such allowances allocated
to units in the State for control periods after 2020) shall continue to
apply.

PART 78--APPEAL PROCEDURES

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

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

0
19. 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. In paragraph (a)(1)(iv), removing ``and subpart EEEEE'' and adding
in its place ``subpart EEEEE of part 97 of this chapter, and subpart
GGGGG'' and removing ``and Sec.  52.38(b)(6), (8), or (9)'' and adding
in its place ``Sec.  52.38(b)(8) or (9) of this chapter, and Sec.
52.38(b)(11) or (12)'';
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), removing ``the removal of'' and adding
in its place ``the deduction of'', and removing ``under Sec.
97.526(c)'' and adding in its place ``or CSAPR NOX Ozone
Season Group 3 allowances under Sec.  97.526(d)'';
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 ``A
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), (8), (9), (11), or (12) or Sec.
52.39(e), (f), (h), or (i) of this chapter; or
* * * * *
    (b) * * *
    (17) * * *
    (viii) The decision on the deduction 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(d) of this chapter.
    (ix) The decision on the recall of allocations of CSAPR
NOX Ozone Season Group 2 allowances and the deduction 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
20. 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
21. Amend Sec.  78.3 by:
0
a. Revising paragraph (a);
0
b. 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
c. In paragraph (b)(3)(i)(B), removing ``(a)(3) of this section.'' and
adding in its place ``(a)(2) of this section;'';
0
d. 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
e. Adding paragraphs (b)(3)(i)(D) and (E);
0
f. In paragraph (c)(5)(ii), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
g. Revising paragraphs (c)(7)(i) through (v);
0
h. In paragraph (d)(1), removing the period at the end of the paragraph
and adding in its place a semicolon;
0
i. 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
j. 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
k. In paragraph (d)(2)(iii), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
l. Adding paragraphs (d)(2)(iv) and (v);
0
m. In paragraphs (d)(3) and (4), removing the period at the end of the
paragraph and adding in its place a semicolon;
0
n. Revising paragraphs (d)(5) and (6); and
0
o. 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) The following persons may petition for administrative review
of a decision of the Administrator that is made under parts 72, 73, 74,
75, 76, and 77 of this chapter and that is appealable under Sec.
78.1(a):
    (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
    (ii) Any interested person with regard to the decision.
    (2) The following persons may petition for administrative review of
a decision of the Administrator that is made under subparts A through J
of part 97 of this chapter and that is appealable under Sec.  78.1(a):
    (i) The NOX authorized account representative for a unit
or source covered by the decision or any NOX Allowance
Tracking System account covered by the decision; or
    (ii) Any interested person with regard to the decision.
    (3) The following persons may petition for administrative review of
a decision of the Administrator that is made under 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 and that is appealable under Sec.  78.1(a):
    (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
    (ii) Any interested person with regard to the decision.
    (4) The following persons may petition for administrative review of
a decision of the Administrator that is made under subpart AAAAA,
BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter
and that is appealable under Sec.  78.1(a):
    (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
    (ii) Any interested person with regard to the decision.
    (5) The following persons may petition for administrative review of
a decision of the Administrator that is made under subpart RR of part
98 of this chapter and that is appealable under Sec.  78.1(a):

    (i) The designated representative for a facility covered by the
decision; or
    (ii) Any interested person with regard to the decision.
    (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
22. 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
23. 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
24. 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
25. 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
26. Amend Sec.  78.11 by:
0
a. In paragraph (a), removing ``of this part'' each time it appears;
and
0
b. In paragraph (b) introductory text, removing ``of'' and adding in
its place ``or''.

Sec.  78.12  [Amended]

0
27. 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
28. In Sec.  78.13, amend paragraph (a)(3) by removing ``of this
part''.

Sec.  78.14  [Amended]

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

Sec.  78.15  [Amended]

0
30. In Sec.  78.15, amend paragraphs (a) and (e) by removing ``of this
part'' each time it appears.

Sec.  78.16  [Amended]

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

Sec.  78.17  [Amended]

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

Sec.  78.18  [Amended]

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

Sec.  78.19  [Amended]

0
34. Amend Sec.  78.19 by:
0
a. In paragraph (d), in the second sentence, adding ``the'' before
``Environmental Appeals Board''; and
0
b. In paragraph (e), removing ``of this part''.

Sec.  78.20  [Amended]

0
35. 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
36. 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
37. Amend Sec.  97.402 by:
0
a. Removing the definition of ``Allowable NOX emission
rate'';
0
b. Revising the definition of ``Allowance transfer deadline'';
0
c. In the definition of ``Alternate designated representative'', adding
``CSAPR NOX Ozone Season Group 3 Trading Program,'' before
``CSAPR SO2 Group 1 Trading Program,'';
0
d. In the definition of ``Biomass'', paragraph (3) introductory text,
removing the semicolon and adding in its place a colon;
0
e. Removing the definition of ``Coal-derived fuel'';
0
f. In the definition of ``Cogeneration unit'', paragraph (2)(i)(B),
removing ``15 percent of total energy output.'' and adding in its place
``15 percent of total energy output; or'';
0
g. In the definition of ``Common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2021, or as of July 1 immediately after such
deadline for such a control period in 2021 or thereafter, the same'',
and removing ``located'' before ``in a State'';
0
h. Revising the definitions of ``Common designated representative's
assurance level'' and ``Common designated representative's share'';
0
i. 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 (13)
through (15)'';
0
j. 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)(7) through (9), (13), (14), and (16)'', and removing ``Sec.
52.38(b)(6) or (9)'' and adding in its place ``Sec.  52.38(b)(9)'';
0
k. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program'';
0
l. In the definition of ``Designated representative'', adding ``CSAPR
NOX Ozone Season Group 3 Trading Program,'' before ``CSAPR
SO2 Group 1 Trading Program,'';
0
m. In the definition of ``Fossil fuel'', paragraph (2), removing ``and
(ii),'' and adding in its place ``and (b)(2)(ii),'';
0
n. Removing the definition of ``Heat rate''; and
0
o. 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
2021, midnight of March 1 immediately after such control period or, for
a control period in 2021 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), 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
the group of one or more CSAPR NOX Annual units in such
State (and such Indian country) 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.
    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 in such State
(and such Indian country) 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 (14) and (17) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(10) or (11) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(12) of this chapter), as a means of
mitigating interstate transport of ozone and NOX.
* * * * *
    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
38. 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
39. In Sec.  97.405, amend paragraph (b) by removing the paragraph
heading.

Sec.  97.406  [Amended]

0
40. 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
41. Amend Sec.  97.410 by:
0
a. In paragraph (a) introductory text, removing ``2015 and thereafter''
and adding in its place ``the years indicated'';
0
b. In paragraph (a)(1)(v), removing ``1,439'' and adding in its place
``1,441'';
0
c. In paragraph (a)(2)(v), removing ``1,075'' and adding in its place
``1,074'';
0
d. In paragraph (a)(3)(v), removing ``3,830'' and adding in its place
``3,831'';
0
e. In paragraph (a)(4)(v), removing ``3,253'' and adding in its place
``3,256'';
0
f. In paragraph (a)(5)(v), removing ``712'' and adding in its place
``715'';
0
g. In paragraph (a)(8)(v), removing ``331'' and adding in its place
``333'';
0
h. In paragraph (a)(9)(v), removing ``1,198'' and adding in its place
``1,201'';
0
i. In paragraph (a)(10)(v), removing ``561'' and adding in its place
``565'';
0
j. In paragraph (a)(11)(v), removing ``2,925'' and adding in its place
``2,929'';
0
k. In paragraph (a)(12)(v), removing ``1,772'' and adding in its place
``1,771'';
0
l. In paragraph (a)(13)(v), removing ``159'' and adding in its place
``155'';
0
m. In paragraph (a)(14)(v), removing ``412'' and adding in its place
``410'';
0
n. In paragraph (a)(17)(v), removing ``2,384'' and adding in its place
``2,383'';
0
o. In paragraph (a)(18)(v), removing ``617'' and adding in its place
``620'';
0
p. In paragraph (a)(19)(v), removing ``387'' and adding in its place
``381'';
0
q. Removing and reserving paragraphs (a)(20)(iv) through (vi);
0
r. In paragraph (a)(21)(v), removing ``1,662'' and adding in its place
``1,663'';
0
s. In paragraph (a)(22)(v), removing ``2,729'' and adding in its place
``2,730''; and
0
t. Removing and reserving paragraph (b)(20).

0
42. Amend Sec.  97.411 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A), and in
the newly redesignated paragraph, 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 2020,'', and removing ``and (12),'' and adding
in its place ``and (12) and Sec. Sec.  97.406(b)(2) and 97.430 through
97.435,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``Sec.  97.412(a)(2) through
(7) and (12) and Sec. Sec.  97.406(b)(2) and 97.430 through 97.435.''
and adding in its place ``the provisions referenced in paragraph
(b)(1)(i)(A) or (B) of this section, as applicable.'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii), removing ``such control period contains''
and adding in its place ``a control period before 2021 contains'';
0
f. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2021, or in
paragraph (b)(1)(ii) of this section for a control period in 2021 or
thereafter,'';
0
g. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A), and in
the newly redesignated paragraph, 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 2020,'', and removing ``and (12),'' and adding
in its place ``and (12) and Sec. Sec.  97.406(b)(2) and 97.430 through
97.435,'';
0
h. Adding paragraph (b)(2)(i)(B);
0
i. In paragraph (b)(2)(ii)(A), removing ``Sec.  97.412(b)(2) through
(7) and (12) and Sec. Sec.  97.406(b)(2) and 97.430 through 97.435.''
and adding in its place ``the provisions referenced in paragraph
(b)(2)(i)(A) or (B) of this section, as applicable.'';
0
j. Revising paragraph (b)(2)(ii)(B);
0
k. In paragraph (b)(2)(iii), removing ``such control period contains''
and adding in its place ``a control period before 2021 contains'';
0
l. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2021, or in
paragraph (b)(2)(ii) of this section for a control period in 2021 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, 2022 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) and
Sec. Sec.  97.406(b)(2) and 97.430 through 97.435, 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 provisions
referenced in paragraph (b)(1)(i)(A) or (B) of this section, as
applicable. By August 1 immediately after the promulgation of each
notice of data availability required in paragraph (b)(1)(i)(A) of this
section, or by May 1 immediately after the promulgation of each notice
of data availability required in paragraph (b)(1)(i)(B) of this
section, the Administrator will promulgate a notice of data
availability of the results of the calculations incorporating any
adjustments that the Administrator determines to be necessary and the
reasons for accepting or rejecting any objections submitted in
accordance with paragraph (b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2022 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) and Sec. Sec.  97.406(b)(2) and 97.430
through 97.435, 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 provisions
referenced in paragraph (b)(2)(i)(A) or (B) of this section, as
applicable. By August 1 immediately after the promulgation of each
notice of data availability required in paragraph (b)(2)(i)(A) of this
section, or by May 1 immediately after the promulgation of each notice
of data availability required in paragraph (b)(2)(i)(B) of this
section, the Administrator will promulgate a notice of data
availability of the results of the calculations incorporating any
adjustments that the Administrator determines to be necessary and the
reasons for accepting or rejecting any

objections submitted in accordance with paragraph (b)(2)(ii)(A) of this
section.
* * * * *

0
43. Amend Sec.  97.412 by:
0
a. Adding a paragraph 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 allocations for a control period
before 2021, or that operate during such control period, for
allocations for a control period in 2021 or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraph (a)(3)(ii);
0
f. In paragraph (a)(3)(iv), removing ``resumes operation.'' and adding
in its place ``resumes operation, for allocations for a control period
before 2021, or the control period in which the unit resumes operation,
for allocations for a control period in 2021 or thereafter.'';
0
g. In paragraph (a)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for allocations for a
control period before 2021, or the unit's total tons of NOX
emissions during the control period, for allocations for a control
period in 2021 or thereafter.'';
0
h. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
i. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2021, the Administrator'';
0
j. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before
2021, if, after completion'';
0
k. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2021, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2021 or thereafter, any unallocated'';
0
l. Redesignating paragraph (a)(11) as paragraph (a)(11)(i) and in the
newly redesignated paragraph, removing ``The Administrator'' and adding
in its place ``For a control period before 2021, the Administrator'';
0
m. Adding paragraph (a)(11)(ii);
0
n. Revising paragraph (a)(12);
0
o. Adding a paragraph heading to paragraph (b) introductory text and
removing ``located'' before ``in Indian country'';
0
p. 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
q. Revising paragraph (b)(3)(ii);
0
r. In paragraph (b)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for allocations for a
control period before 2021, or the unit's total tons of NOX
emissions during the control period, for allocations for a control
period in 2021 or thereafter.'';
0
s. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
t. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2021, the Administrator'';
0
u. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before
2021, if, after completion'';
0
v. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2021, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2021 or thereafter, any
unallocated'';
0
w. Redesignating paragraph (b)(11) as paragraph (b)(11)(i) and in the
newly redesignated paragraph, removing ``The Administrator'' and adding
in its place ``For a control period before 2021, the Administrator'';
0
x. Adding paragraph (b)(11)(ii); and
0
y. 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)(A) The first control period after the control period in which
the CSAPR NOX Annual unit commences commercial operation,
for allocations for a control period before 2021; or
    (B) 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 in 2021 or thereafter;
* * * * *
    (11) * * *
    (ii) For a control period in 2021 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 2021 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 2021 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)(A) The first control period after the control period in which
the CSAPR NOX Annual unit commences commercial operation,
for allocations for a control period before 2021; or
    (B) 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 in 2021 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2021 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 2021 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2021 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
44. Amend Sec.  97.420 by:
0
a. In paragraph (c)(1)(ii)(D), adding ``; and'' after the closing
quotation mark; and
0
b. In paragraph (c)(3)(iii)(B), removing ``to NOX'' and
adding in its place ``to CSAPR NOX''.

0
45. Amend Sec.  97.421 by:
0
a. Redesignating paragraph (f) as paragraph (f)(1) and in the newly
redesignated paragraph, 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) and in the newly
redesignated paragraph, 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 2020,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1) and in the newly
redesignated paragraph, 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 2020,'';
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 2021,''.
    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, 2022 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), 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, 2022 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) for the control period in the year before the year
of the applicable recordation deadline under this paragraph.
* * * * *

0
46. Amend Sec.  97.424 by adding a paragraph heading to paragraph (c)
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
47. Amend Sec.  97.425 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. Removing paragraphs (b)(2) introductory text and (b)(2)(i) and (ii)
and redesignating paragraphs (b)(2)(iii) introductory text and
(b)(2)(iii)(A) and (B) as paragraphs (b)(2) introductory text and
(b)(2)(i) and (ii), respectively;
0
c. In newly redesignated paragraph (b)(2) introductory text, removing
``the notice of data availability required in paragraph (b)(2)(ii) of
this section and the calculations referenced by the relevant notice''
and adding in its place ``each notice'';
0
d. In newly redesignated paragraph (b)(2)(i), removing ``the relevant
notice required under paragraph (b)(1)(ii) of this section and
referenced in the notice required under paragraph (b)(2)(ii) of this
section'' and adding in its place ``such notice'';
0
e. In newly redesignated paragraph (b)(2)(ii), removing
``(b)(2)(iii)(A)'' and adding in its place ``(b)(2)(i)'' each time it
appears, and adding ``results of the'' before ``calculations
incorporating any adjustments'';
0
f. In paragraphs (b)(3), (b)(4)(i), (b)(5), (b)(6) introductory text,
and (b)(6)(i), removing ``(b)(2)(iii)(B)'' and adding in its place
``(b)(2)(ii)'' each time it appears;
0
g. Removing and reserving paragraph (b)(6)(ii); and
0
h. In paragraph (b)(6)(iii) introductory text, removing ``paragraphs
(b)(6)(i) and (ii)'' and adding in its place ``paragraph (b)(6)(i)''.
    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 2021 and August 1 of
each year thereafter, the Administrator will:
* * * * *
    (ii) For the set of any States (and Indian country within the
borders of such States) for which the results of the calculations
required in paragraph (b)(1)(i) of this section indicate that total
NOX emissions exceed the respective State assurance levels
for such control period--
    (A) 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 such State (and
such Indian country), the common designated representative's share of
the total NOX emissions from all CSAPR NOX Annual
units at CSAPR NOX Annual sources in such State (and such
Indian country), 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); and
    (B) Promulgate a notice of data availability of the results of the
calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this
section, including separate calculations of the NOX
emissions from each CSAPR NOX Annual source in each such
State (and Indian country within the borders of such State).
* * * * *

0
48. Amend Sec.  97.426 by:
0
a. In paragraph (b), removing ``Sec.  97.428.'' and adding in its place
``Sec.  97.428 or paragraph (c) of this section.''; and
0
b. Adding paragraph (c).
    The addition reads as follows:

Sec.  97.426  Banking.

* * * * *
    (c) At any time after the allowance transfer deadline for the last
control period for which a State NOX Annual trading budget
is set forth in Sec.  97.410(a) for a given State, the Administrator
may record a transfer of any CSAPR NOX Annual allowances
held in the compliance account for a source in such State (or Indian
country within the borders of such State) to a general account
identified or established by the Administrator with the source's
designated representative as the authorized account representative and
with the owners and operators of the source (as indicated on the
certificate of representation for the source) as the persons
represented by the authorized account representative. The Administrator
will notify the designated representative not less than 15 days before
making such a transfer.

Sec.  97.431  [Amended]

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

Sec.  97.434  [Amended]

0
50. 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
51. Amend Sec.  97.502 by:
0
a. Removing the definition of ``Allowable NOX emission
rate'';
0
b. Revising the definition of ``Allowance transfer deadline'';
0
c. In the definition of ``Biomass'', paragraph (3) introductory text,
removing the semicolon and adding in its place a colon;
0
d. Removing the definition of ``Coal-derived fuel'';
0
e. In the definition of ``Cogeneration unit'', paragraph (2)(i)(B),
removing ``15 percent of total energy output.'' and adding in its place
``15 percent of total energy output; or'';
0
f. In the definition of ``Common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2021, or as of July 1 immediately after such
deadline for such a control period in 2021 or thereafter, the same'',
and removing ``located'' before ``in a State'';
0
g. Revising the definitions of ``Common designated representative's
assurance level'' and ``Common designated representative's share'';
0
h. 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 (13)
through (15)'';
0
i. In the definition of ``CSAPR NOX Ozone Season Group 2
allowance'', removing ``Sec.  97.526(c),'' and adding in its place
``Sec.  97.526(d),'', and removing ``Sec.  52.38(b)(6), (7), (8), or
(9)'' and adding in its place ``Sec.  52.38(b)(7), (8), or (9)'';
0
j. 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)(7) through (9), (13), (14), and (16)'', and removing ``Sec.
52.38(b)(6) or (9)'' and adding in its place ``Sec.  52.38(b)(9)'';
0
k. Adding in alphabetical order definitions for ``CSAPR NOX
Ozone Season Group 3 allowance'' and ``CSAPR NOX Ozone
Season Group 3 Trading Program'';
0
l. In the definition of ``Fossil fuel'', paragraph (2), removing ``and
(ii),'' and adding in its place ``and (b)(2)(ii),'';
0
m. Removing the definition of ``Heat rate'';
0
n. Adding in alphabetical order a definition for ``Nitrogen oxides'';
and
0
o. 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 (13) through (15)''.
    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 2020, midnight of
March 1 immediately after such control period or, for a control period
in 2021 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), 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 the group of one or more CSAPR NOX Ozone
Season Group 1 units in such State (and such Indian country) having the
common designated representative for such control period and the total
amount of CSAPR NOX Ozone Season

Group 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.
    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 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 Ozone Season
Group 1 units in such State (and such Indian country) 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(d), or Sec.  97.826(d),
or by a State or permitting authority under a SIP revision approved by
the Administrator under Sec.  52.38(b)(10), (11), or (12) 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 (14) and (17) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(10) or (11) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(12) of this chapter), as a means of
mitigating interstate transport of ozone and NOX.
* * * * *
    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
52. 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
53. In Sec.  97.505, amend paragraph (b) by removing the paragraph
heading.

Sec.  97.506  [Amended]

0
54. 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
55. Amend Sec.  97.510 by:
0
a. In paragraph (a) introductory text, removing ``2015 and thereafter''
and adding in its place ``the years indicated'';
0
b. Removing and reserving paragraphs (a)(1)(iv) and (v), (a)(2)(iv) and
(v), and (a)(3)(iv) through (vi);
0
c. In paragraph (a)(4)(v), removing ``481'' and adding in its place
``485''; and
0
d. Removing and reserving paragraphs (a)(5)(iv) and (v), (a)(6)(iv) and
(v), (a)(7)(iv) through (vi), (a)(8)(iv) and (v), (a)(9)(iv) through
(vi), (a)(10)(iv) and (v), (a)(11)(iv) through (vi), (a)(12)(iv)
through (vi), (a)(13)(iv) and (v), (a)(14)(iv) and (v), (a)(15)(iv)
through (vi), (a)(16)(iv) through (vi), (a)(17)(iv) and (v),
(a)(18)(iv) and (v), (a)(19)(iv) and (v), (a)(20)(iv) through (vi),
(a)(21)(iv) and (v), (a)(22)(iv) through (vi), (a)(23)(iv) and (v),
(a)(24)(iv) and (v), (a)(25)(iv) through (vi), and (b)(1) through (3)
and (5) through (25).

0
56. Amend Sec.  97.511 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A), and in
newly redesignated paragraph, 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 2020,'', and removing ``and (12),'' and adding
in its place ``and (12) and Sec. Sec.  97.506(b)(2) and 97.530 through
97.535,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``Sec.  97.512(a)(2) through
(7) and (12) and Sec. Sec.  97.506(b)(2) and 97.530 through 97.535.''
and adding in its place ``the provisions referenced in paragraph
(b)(1)(i)(A) or (B) of this section, as applicable.'';
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 2020'';
0
f. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2021, or in
paragraph (b)(1)(ii) of this section for a control period in 2021 or
thereafter,'';
0
g. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A), and in
the newly redesignated paragraph, 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 2020,'', and removing ``and (12),'' and adding
in its place ``and (12) and Sec. Sec.  97.506(b)(2) and 97.530 through
97.535,'';
0
h. Adding paragraph (b)(2)(i)(B);
0
i. In paragraph (b)(2)(ii)(A), removing ``Sec.  97.512(b)(2) through
(7) and (12) and Sec. Sec.  97.506(b)(2) and 97.530 through 97.535.''
and adding in its place ``the provisions referenced in paragraph
(b)(2)(i)(A) or (B) of this section, as applicable.'';
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 2020'';
0
l. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2021, or in
paragraph (b)(2)(ii) of this section for a control period in 2021 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, 2022 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) and Sec. Sec.  97.506(b)(2) and 97.530 through 97.535, 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 provisions
referenced in paragraph (b)(1)(i)(A) or (B) of this section, as
applicable. By August 1 immediately after the promulgation of each
notice of data availability required in paragraph (b)(1)(i)(A) of this
section, or by May 1 immediately after the promulgation of each notice
of data availability required in paragraph (b)(1)(i)(B) of this
section, the Administrator will promulgate a notice of data
availability of the results of the calculations incorporating any
adjustments that the Administrator determines to be necessary and the
reasons for accepting or rejecting any objections submitted in
accordance with paragraph (b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2022 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 Indian country within the borders of a State, in
accordance with Sec.  97.512(b)(2) through (7), (10), and (12) and
Sec. Sec.  97.506(b)(2) and 97.530 through 97.535, 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 provisions
referenced in paragraph (b)(2)(i)(A) or (B) of this section, as
applicable. By August 1 immediately after the promulgation of each
notice of data availability required in paragraph (b)(2)(i)(A) of this
section, or by May 1 immediately after the promulgation of each notice
of data availability required in paragraph (b)(2)(i)(B) of this
section, the Administrator will promulgate a notice of data
availability of the results of the calculations incorporating any
adjustments that the Administrator determines to be necessary and the
reasons for accepting or rejecting any objections submitted in
accordance with paragraph (b)(2)(ii)(A) of this section.
* * * * *

0
57. Amend Sec.  97.512 by:
0
a. Adding a paragraph 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 allocations for a control period
before 2021, or that operate during such control period, for
allocations for a control period in 2021 or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraph (a)(3)(ii);
0
f. In paragraph (a)(3)(iv), removing ``resumes operation.'' and adding
in its place ``resumes operation, for allocations for a control period
before 2021, or the control period in which the unit resumes operation,
for allocations for a control period in 2021 or thereafter.'';
0
g. In paragraph (a)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for allocations for a
control period before 2021, or the unit's total tons of NOX
emissions during the control period, for allocations for a control
period in 2021 or thereafter.'';
0
h. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
i. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2021, the Administrator'';
0
j. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before
2021, if, after completion'';
0
k. In paragraph (a)(9)(i)(B), removing ``2017 or any subsequent year,''
and adding in its place ``2017, 2018, 2019, or 2020,'';
0
l. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2021, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2021 or thereafter, any unallocated'';
0
m. Redesignating paragraph (a)(11) as paragraph (a)(11)(i) and in the
newly redesignated paragraph, removing ``The Administrator'' and adding
in its place ``For a control period before 2021, the Administrator'';
0
n. Adding paragraph (a)(11)(ii);
0
o. Revising paragraph (a)(12);
0
p. Adding a paragraph heading to paragraph (b) introductory text and
removing ``located'' before ``in Indian country'';
0
q. 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
r. Revising paragraph (b)(3)(ii);
0
s. In paragraph (b)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for allocations for a
control period before 2021, or the unit's total tons of NOX
emissions during the control period, for allocations for a control
period in 2021 or thereafter.'';
0
t. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
u. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2021, the Administrator'';
0
v. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before
2021, if, after completion'';
0
w. In paragraph (b)(9)(i)(B), removing ``2017 or any subsequent year,''
and adding in its place ``2017, 2018, 2019, or 2020,'';
0
x. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2021, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2021 or thereafter, any
unallocated'';
0
y. Redesignating paragraph (b)(11) as paragraph (b)(11)(i) and in the
newly redesignated paragraph, removing ``The Administrator'' and adding
in its place ``For a control period before 2021, the Administrator'';
0
z. Adding paragraph (b)(11)(ii); and
0
aa. 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)(A) The first control period after the control period in which
the CSAPR NOX Ozone Season Group 1 unit commences commercial
operation, for allocations for a control period before 2021; or

    (B) 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 in 2021 or
thereafter;
* * * * *
    (11) * * *
    (ii) For a control period in 2021 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 2021 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 2021 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)(A) The first control period after the control period in which
the CSAPR NOX Ozone Season Group 1 unit commences commercial
operation, for allocations for a control period before 2021; or
    (B) 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 in 2021 or
thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2021 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 2021 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2021 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
58. Amend Sec.  97.520 by:
0
a. In paragraph (c)(1)(ii)(D), adding ``; and'' after the closing
quotation mark; and
0
b. In paragraph (c)(3)(iii)(B), removing ``to NOX'' and
adding in its place ``to CSAPR NOX''.

0
59. Amend Sec.  97.521 by:
0
a. Redesignating paragraph (f) as paragraph (f)(1) and in the newly
redesignated paragraph, 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) and in the newly
redesignated paragraph, 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 2020,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1) and in the newly
redesignated paragraph, removing ``By August 1, 2015 and August 1 of