assurance level'' and ``common designated representative's share'';
0
e. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(3) through (5), and (b)(10) through
(12)'' and adding in its place ``and (b)(3) through (5) and (14)
through (16)'';
0
f. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii),

(b)(6) through (11), and (b)(13)'' and adding in its place
``(b)(2)(iii) and (iv), and (b)(6) through (9), (14), (15), and (17)'';
0
g. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program'';
0
h. In the definition of ``designated representative'', removing ``or
CSAPR NOX Ozone Season Group 2 Trading Program,'' and adding
in its place ``CSAPR NOX Ozone Season Group 2 Trading
Program, or CSAPR NOX Ozone Season Group 3 Trading
Program,'';
0
i. In the definition of ``fossil fuel'', paragraph (2), removing
``Sec.  97.604(b)(2)(i)(B) and (ii)'' and adding in its place ``Sec.
97.604(b)(2)(i)(B) and (b)(2)(ii)''; and
0
j. Adding in alphabetical order a definition for ``nitrogen oxides''.
    The revisions and additions read as follows:

Sec.  97.602   Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR SO2 Group 1 allowance transfer
must be submitted for recordation in a CSAPR SO2 Group 1
source's compliance account in order to be available for use in
complying with the source's CSAPR SO2 Group 1 emissions
limitation for such control period in accordance with Sec. Sec.  97.606
and 97.624.
* * * * *
    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.  97.606(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR SO2 Group 1 allowances
allocated for such control period to the group of one or more CSAPR
SO2 Group 1 units located in such State (and such Indian
country) and having the common designated representative for such
control period and the total amount of CSAPR SO2 Group 1
allowances purchased by an owner or operator of such CSAPR
SO2 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
SO2 Group 1 units in accordance with the CSAPR
SO2 Group 1 allowance auction provisions in a SIP revision
approved by the Administrator under Sec.  52.39(e) or (f) of this
chapter, multiplied by the sum of the State SO2 Group 1
trading budget under Sec.  97.610(a) and the State's variability limit
under Sec.  97.610(b) for such control period and divided by such State
SO2 Group 1 trading budget;
    (2) Provided that, in the case of a unit that operates during, but
has no amount of CSAPR SO2 Group 1 allowances allocated
under Sec. Sec.  97.611 and 97.612 for, such control period, the unit
shall be treated, solely for purposes of this definition, as being
allocated an amount (rounded to the nearest allowance) of CSAPR
SO2 Group 1 allowances for such control period equal to the
unit's allowable SO2 emission rate applicable to such
control period, multiplied by a capacity factor of 0.85 (if the unit is
a boiler combusting any amount of coal or coal-derived fuel during such
control period), 0.24 (if the unit is a simple cycle combustion turbine
during such control period), 0.67 (if the unit is a combined cycle
combustion turbine during such control period), 0.74 (if the unit is an
integrated coal gasification combined cycle unit during such control
period), or 0.36 (for any other unit), multiplied by the unit's maximum
hourly load as reported in accordance with this subpart and by 8,760
hours/control period, and divided by 2,000 lb/ton.
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year and a total amount of SO2 emissions from all
CSAPR SO2 Group 1 units in a State (and Indian country
within the borders of such State) during such control period, the total
tonnage of SO2 emissions during such control period from the
group of one or more CSAPR SO2 Group 1 units located in such
State (and such Indian country) and having the common designated
representative for such control period.
* * * * *
    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with subpart GGGGG of this part and Sec.
52.38(b)(1), (b)(2)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.604   [Amended]

0
62. In Sec.  97.604, amend paragraph (b) introductory text by removing
``or (2)(i)'' and adding in its place ``or (b)(2)(i)''.

Sec.  97.605   [Amended]

0
63. In Sec.  97.605, amend paragraph (b) by removing the subject
heading.

Sec.  97.606   [Amended]

0
64. In Sec.  97.606, amend paragraph (c)(4)(ii) by removing ``and
(2)(i)'' and adding in its place ``and (c)(2)(i)''.

Sec.  97.610   [Amended]

0
65. Amend Sec.  97.610 by:
0
a. In paragraph (a)(1)(v), removing ``6,206'' and adding in its place
``6,223'';
0
b. In paragraph (a)(3)(v), removing ``1,429'' and adding in its place
``1,426'';
0
c. In paragraph (a)(4)(v), removing ``6,377'' and adding in its place
``6,381'';
0
d. In paragraph (a)(5)(v), removing ``564'' and adding in its place
``568'';
0
e. In paragraph (a)(6)(v), removing ``2,736'' and adding in its place
``2,743'';
0
f. In paragraph (a)(7)(v), removing ``4,978'' and adding in its place
``4,982'';
0
g. In paragraph (a)(8)(v), removing ``111'' and adding in its place
``110'';
0
h. In paragraph (a)(9)(v), removing ``523'' and adding in its place
``535'';
0
i. In paragraph (a)(10)(v), removing ``4,552'' and adding in its place
``4,559'';
0
j. In paragraph (a)(11)(v), removing ``2,845'' and adding in its place
``2,850'';
0
k. In paragraph (a)(12)(v), removing ``2,240'' and adding in its place
``2,242'';
0
l. In paragraph (a)(13)(v), removing ``1,177'' and adding in its place
``1,181'';
0
m. In paragraph (a)(14)(v), removing ``1,402'' and adding in its place
``1,401'';
0
n. In paragraph (a)(15)(v), removing ``5,297'' and adding in its place
``5,299''; and
0
o. In paragraph (a)(16)(v), removing ``1,867'' and adding in its place
``1,870'';
0
66. Amend Sec.  97.611 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``through (7) and (12) and''
and adding

in its place ``through (7) and (12) for a control period before 2023,
or Sec.  97.612(a)(2) through (7), (10), and (12) for a control period
in 2023 or thereafter, and'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
f. In paragraphs (b)(1)(iv) introductory text and (b)(1)(iv)(A),
removing ``SO2 annual'' and adding in its place
``SO2 Group 1'';
0
g. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(1)(ii) of this section for a control period in 2023 or
thereafter,'';
0
h. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
i. Adding paragraph (b)(2)(i)(B);
0
j. In paragraph (b)(2)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.612(b)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
k. Revising paragraph (b)(2)(ii)(B);
0
l. In paragraph (b)(2)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
m. In paragraphs (b)(2)(iv) introductory text and (b)(2)(iv)(A),
removing ``SO2 annual'' and adding in its place
``SO2 Group 1'';
0
n. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(2)(ii) of this section for a control period in 2023 or
thereafter,'';
0
o. In paragraph (c)(5)(i)(A), adding ``(or a subsequent control
period)'' before ``for the State'';
0
p. In paragraph (c)(5)(i)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
q. In paragraph (c)(5)(ii)(A), adding ``(or a subsequent control
period)'' before the semicolon at the end of the paragraph;
0
r. In paragraph (c)(5)(ii)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision''; and
0
s. 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.  97.611   Timing requirements for CSAPR SO2 Group 1 allowance
allocations.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR SO2 Group 1 allowance
allocation to each CSAPR SO2 Group 1 unit in a State, in
accordance with Sec.  97.612(a)(2) through (7), (10), and (12), for the
control period in the year before the year of the applicable
calculation deadline under this paragraph and will promulgate a notice
of data availability of the results of the calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(1)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(1)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(1)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR SO2 Group 1 allowance
allocation to each CSAPR SO2 Group 1 unit in Indian country
within the borders of a State, in accordance with Sec.  97.612(b)(2)
through (7), (10), and (12), for the control period in the year before
the year of the applicable calculation deadline under this paragraph
and will promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(2)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(2)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(2)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(2)(ii)(A) of this section.
* * * * *
0
67. Amend Sec.  97.612 by:
0
a. Adding a heading to paragraph (a) introductory text;
0
b. In paragraph (a)(1)(i), removing ``Sec.  97.611(a)(1);'' and adding
in its place ``Sec.  97.611(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.630(b) not later
than December 31 of the year of the control period;'';
0
c. In paragraph (a)(1)(iii), removing ``control period; or'' and adding
in its place ``control period, for a control period before 2023, or
that operate during such control period, for a control period in 2023
or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraphs (a)(3)(ii) and (iv) and (a)(4)(i);
0
f. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
g. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
h. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
i. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2023, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2023 or thereafter, any unallocated'';
0
j. Redesignating paragraph (a)(11) as paragraph (a)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
k. Adding paragraph (a)(11)(ii);
0
l. Revising paragraph (a)(12);
0
m. Adding a subject heading to paragraph (b) introductory text;
0
n. In paragraph (b)(1)(i), removing ``Sec.  97.611(a)(1); or'' and
adding in its

place ``Sec.  97.611(a)(1) and that have deadlines for certification of
monitoring systems under Sec.  97.630(b) not later than December 31 of
the year of the control period; or'';
0
o. Revising paragraphs (b)(3)(ii) and (b)(4)(i);
0
p. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
q. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
r. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
s. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2023, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2023 or thereafter, any
unallocated'';
0
t. Redesignating paragraph (b)(11) as paragraph (b)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
u. Adding paragraph (b)(11)(ii); and
0
v. Revising paragraph (b)(12).
    The additions and revisions read as follows:

Sec.  97.612   CSAPR SO2 Group 1 allowance allocations to new units.

    (a) Allocations from new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR SO2 Group 1
unit's monitoring systems under Sec.  97.630(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter;
* * * * *
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the first control period after the control period in which the unit
resumes operation, for allocations for a control period before 2023, or
the control period in which the unit resumes operation, for allocations
for a control period in 2023 or thereafter.
    (4)(i) The allocation to each CSAPR SO2 Group 1 unit
described in paragraphs (a)(1)(i) through (iii) of this section and for
each control period described in paragraph (a)(3) of this section will
be an amount equal to the unit's total tons of SO2 emissions
during the immediately preceding control period, for a control period
before 2023, or the unit's total tons of SO2 emissions
during the control period, for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.611(b)(1)(i), (ii), and (v), of the
amount of CSAPR SO2 Group 1 allowances allocated under
paragraphs (a)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR SO2 Group 1 unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period before 2023 under paragraph (a)(7)
of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or
paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a
control period in 2023 or thereafter under paragraph (a)(7) of this
section or paragraphs (a)(6) and (10) of this section, would otherwise
result in total allocations from such new unit set-aside unequal to the
total amount of such new unit set-aside, then the Administrator will
adjust the results of such calculations as follows. The Administrator
will list the CSAPR SO2 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 SO2
Group 1 allowance (but not below zero) in the order in which the units
are listed, and will repeat this adjustment process as necessary, until
the total allocations from such new unit set-aside equal the total
amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR SO2 Group 1
unit's monitoring systems under Sec.  97.630(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter.
    (4)(i) The allocation to each CSAPR SO2 Group 1 unit
described in paragraph (b)(1)(i) of this section and for each control
period described in paragraph (b)(3) of this section will be an amount
equal to the unit's total tons of SO2 emissions during the
immediately preceding control period, for a control period before 2023,
or the unit's total tons of SO2 emissions during the control
period, for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.611(b)(2)(i), (ii), and (v), of the
amount of CSAPR SO2 Group 1 allowances allocated under
paragraphs (b)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR SO2 Group 1 unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period before 2023 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2023 or thereafter under
paragraph (b)(7) of this section, would otherwise result in total
allocations from such Indian country new unit set-aside unequal to the
total amount of such Indian country new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR SO2 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 SO2
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.  97.620   [Amended]

0
68. In Sec.  97.620, amend paragraph (c)(3)(iii)(B) by removing ``to
SO2'' and adding in its place ``to CSAPR SO2''.
0
69. Amend Sec.  97.621 by:

0
a. Redesignating paragraph (f) as paragraph (f)(1), removing ``By July
1, 2019 and July 1 of each year thereafter,'' and adding in its place
``By July 1, 2019 and July 1, 2020,'';
0
b. Adding paragraph (f)(2);
0
c. Redesignating paragraph (g) as paragraph (g)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
f. Adding paragraph (h)(2); and
0
g. In paragraphs (i) and (j), removing ``By February 15, 2016 and
February 15 of each year thereafter,'' and adding in its place ``By
February 15 of each year from 2016 through 2023,''.
    The additions read as follows:

Sec.  97.621   Recordation of CSAPR SO2 Group 1 allowance allocations
and auction results.

* * * * *
    (f) * * *
    (2) By July 1, 2022 and July 1 of each year thereafter, the
Administrator will record in each CSAPR SO2 Group 1 source's
compliance account the CSAPR SO2 Group 1 allowances
allocated to the CSAPR SO2 Group 1 units at the source, or
in each appropriate Allowance Management System account the CSAPR
SO2 Group 1 allowances auctioned to CSAPR SO2
Group 1 units, in accordance with Sec.  97.611(a), or with a SIP
revision approved under Sec.  52.39(e) or (f) of this chapter, for the
control period in the third year after the year of the applicable
recordation deadline under this paragraph.
    (g) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR SO2 Group 1 source's
compliance account the CSAPR SO2 Group 1 allowances
allocated to the CSAPR SO2 Group 1 units at the source, or
in each appropriate Allowance Management System account the CSAPR
SO2 Group 1 allowances auctioned to CSAPR SO2
Group 1 units, in accordance with Sec.  97.612(a)(2) through (12), or
with a SIP revision approved under Sec.  52.39(e) or (f) of this
chapter, for the control period in the year before the year of the
applicable recordation deadline under this paragraph.
    (h) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR SO2 Group 1 source's
compliance account the CSAPR SO2 Group 1 allowances
allocated to the CSAPR SO2 Group 1 units at the source in
accordance with Sec.  97.612(b)(2) through (12) for the control period
in the year before the year of the applicable recordation deadline
under this paragraph.
* * * * *
0
70. Amend Sec.  97.624 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.624   Compliance with CSAPR SO2 Group 1 emissions limitation.

* * * * *
    (c) Selection of CSAPR SO2 Group 1 allowances for
deduction--(1) Identification by serial number. The designated
representative for a source may request that specific CSAPR
SO2 Group 1 allowances, identified by serial number, in the
source's compliance account be deducted for emissions or excess
emissions for a control period in a given year in accordance with
paragraph (b) or (d) of this section. In order to be complete, such
request shall be submitted to the Administrator by the allowance
transfer deadline for such control period and include, in a format
prescribed by the Administrator, the identification of the CSAPR
SO2 Group 1 source and the appropriate serial numbers.
* * * * *
0
71. Amend Sec.  97.625 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. In paragraph (b)(2)(i), removing ``By July 1'' and adding in its
place ``For a control period before 2023 only, by July 1'';
0
c. Revising paragraphs (b)(2)(ii), (b)(2)(iii) introductory text, and
(b)(2)(iii)(A);
0
d. In paragraph (b)(2)(iii)(B), removing ``such notice,'' and adding in
its place ``such notice or notices,''; and
0
e. In paragraph (b)(6)(ii), removing ``If any such data'' and adding in
its place ``For a control period before 2023 only, if any such data''.
    The revisions read as follows:

Sec.  97.625   Compliance with CSAPR SO2 Group 1 assurance provisions.

* * * * *
    (b) * * *
    (1) By June 1 of each year from 2018 through 2023 and by August 1
of each year thereafter, the Administrator will:
* * * * *
    (ii) If the calculations under paragraph (b)(1)(i) of this section
indicate that the total SO2 emissions from all CSAPR
SO2 Group 1 units at CSAPR SO2 Group 1 sources in
any State (and Indian country within the borders of such State) during
such control period exceed the State assurance level for such control
period, promulgate a notice of data availability of the results of the
calculations required in paragraph (b)(1)(i) of this section, including
separate calculations of the SO2 emissions from each CSAPR
SO2 Group 1 source.
    (2) * * *
    (ii) The Administrator will calculate, for each such State (and
Indian country within the borders of such State) and such control
period and each common designated representative for such control
period for a group of one or more CSAPR SO2 Group 1 sources
and units in the State (and Indian country within the borders of such
State), the common designated representative's share of the total
SO2 emissions from all CSAPR SO2 Group 1 units at
CSAPR SO2 Group 1 sources in the State (and Indian country
within the borders of such State), the common designated
representative's assurance level, and the amount (if any) of CSAPR
SO2 Group 1 allowances that the owners and operators of such
group of sources and units must hold in accordance with the calculation
formula in Sec.  97.606(c)(2)(i). For a control period before 2023, if
the results of these calculations were not included in the notice of
data availability required in paragraph (b)(1)(ii) of this section, the
Administrator will promulgate a notice of data availability of the
results of these calculations by August 1 immediately after the
promulgation of such notice. For a control period in 2023 or
thereafter, the Administrator will include the results of these
calculations in the notice of data availability required in paragraph
(b)(1)(ii) of this section.
    (iii) The Administrator will provide an opportunity for submission
of objections to the calculations referenced by the notice or notices
of data availability required in paragraphs (b)(1)(ii) and (b)(2)(ii)
of this section.
    (A) Objections shall be submitted by the deadline specified in such
notice or notices and shall be limited to addressing whether the
calculations referenced in the notice or notices are in accordance with
Sec.  97.606(c)(2)(iii), Sec. Sec.  97.606(b) and 97.630 through
97.635, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.602, and the
calculation formula in Sec.  97.606(c)(2)(i).
* * * * *

Sec.  97.634   [Amended]

0
72. In Sec.  97.634, amend paragraph (d)(3) by removing ``or CSAPR
NOX Ozone Season Group 2 Trading Program,'' and adding in
its place ``CSAPR NOX Ozone Season Group 2 Trading Program,
or CSAPR NOX Ozone Season Group 3 Trading Program,''.

Subpart DDDDD--CSAPR SO2 Group 2 Trading Program

0
73. Amend Sec.  97.702 by:
0
a. Revising the definition of ``allowance transfer deadline'';
0
b. In the definition of ``alternate designated representative'',
removing ``or CSAPR NOX Ozone Season Group 2 Trading
Program,'' and adding in its place ``CSAPR NOX Ozone Season
Group 2 Trading Program, or CSAPR NOX Ozone Season Group 3
Trading Program,'';
0
c. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
d. Revising the definitions of ``common designated representative's
assurance level'' and ``common designated representative's share'';
0
e. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(3) through (5), and (b)(10) through
(12)'' and adding in its place ``and (b)(3) through (5) and (14)
through (16)'';
0
f. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(6) through (9), (14), (15), and (17)'';
0
g. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program'';
0
h. In the definition of ``designated representative'', removing ``or
CSAPR NOX Ozone Season Group 2 Trading Program,'' and adding
in its place ``CSAPR NOX Ozone Season Group 2 Trading
Program, or CSAPR NOX Ozone Season Group 3 Trading
Program,'';
0
i. In the definition of ``fossil fuel'', paragraph (2), removing
``Sec.  97.704(b)(2)(i)(B) and (ii)'' and adding in its place ``Sec.
97.704(b)(2)(i)(B) and (b)(2)(ii)''; and
0
j. Adding in alphabetical order a definition for ``nitrogen oxides''.
    The revisions and additions read as follows:

Sec.  97.702   Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR SO2 Group 2 allowance transfer
must be submitted for recordation in a CSAPR SO2 Group 2
source's compliance account in order to be available for use in
complying with the source's CSAPR SO2 Group 2 emissions
limitation for such control period in accordance with Sec. Sec.  97.706
and 97.724.
* * * * *
    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.  97.706(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR SO2 Group 2 allowances
allocated for such control period to the group of one or more CSAPR
SO2 Group 2 units located in the State (and such Indian
country) and having the common designated representative for such
control period and the total amount of CSAPR SO2 Group 2
allowances purchased by an owner or operator of such CSAPR
SO2 Group 2 units in an auction for such control period and
submitted by the State or the permitting authority to the Administrator
for recordation in the compliance accounts for such CSAPR
SO2 Group 2 units in accordance with the CSAPR
SO2 Group 2 allowance auction provisions in a SIP revision
approved by the Administrator under Sec.  52.39(h) or (i) of this
chapter, multiplied by the sum of the State SO2 Group 2
trading budget under Sec.  97.710(a) and the State's variability limit
under Sec.  97.710(b) for such control period and divided by such State
SO2 Group 2 trading budget;
    (2) Provided that, in the case of a unit that operates during, but
has no amount of CSAPR SO2 Group 2 allowances allocated
under Sec. Sec.  97.711 and 97.712 for, such control period, the unit
shall be treated, solely for purposes of this definition, as being
allocated an amount (rounded to the nearest allowance) of CSAPR
SO2 Group 2 allowances for such control period equal to the
unit's allowable SO2 emission rate applicable to such
control period, multiplied by a capacity factor of 0.85 (if the unit is
a boiler combusting any amount of coal or coal-derived fuel during such
control period), 0.24 (if the unit is a simple cycle combustion turbine
during such control period), 0.67 (if the unit is a combined cycle
combustion turbine during such control period), 0.74 (if the unit is an
integrated coal gasification combined cycle unit during such control
period), or 0.36 (for any other unit), multiplied by the unit's maximum
hourly load as reported in accordance with this subpart and by 8,760
hours/control period, and divided by 2,000 lb/ton.
    Common designated representative's share means, with regard to a
specific common designated representative for a control period in a
given year and a total amount of SO2 emissions from all
CSAPR SO2 Group 2 units in a State (and Indian country
within the borders of such State) during such control period, the total
tonnage of SO2 emissions during such control period from the
group of one or more CSAPR SO2 Group 2 units located in such
State (and such Indian country) and having the common designated
representative for such control period.
* * * * *
    CSAPR NOX Ozone Season Group 3 Trading Program means a
multi-state NOX air pollution control and emission reduction
program established in accordance with subpart GGGGG of this part and
Sec.  52.38(b)(1), (b)(2)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.704   [Amended]

0
74. In Sec.  97.704, amend paragraph (b) introductory text by removing
``or (2)(i)'' and adding in its place ``or (b)(2)(i)''.

Sec.  97.705   [Amended]

0
75. In Sec.  97.705, amend paragraph (b) by removing the subject
heading.

Sec.  97.706   [Amended]

0
76. In Sec.  97.706, amend paragraph (c)(4)(ii) by removing ``and
(2)(i)'' and adding in its place ``and (c)(2)(i)''.

Sec.  97.710   [Amended]

0
77. Amend Sec.  97.710 by:
0
a. In paragraph (a) introductory text, removing ``Group 1 allowances''
and adding in its place ``Group 2 allowances'';
0
b. In paragraph (a)(2)(v), removing ``2,711'' and adding in its place
``2,721'';
0
c. In paragraph (a)(3)(v), removing ``798'' and adding in its place
``801'';
0
d. In paragraph (a)(4)(v), removing ``798'' and adding in its place
``800''; and
0
e. In paragraph (a)(5)(v), removing ``2,658'' and adding in its place
``2,662'';
0
78. Amend Sec.  97.711 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.712(a)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
f. In paragraphs (b)(1)(iv) introductory text and (b)(1)(iv)(A),
removing ``SO2 annual'' and adding in its place
``SO2 Group 2'';
0
g. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(1)(ii) of this section for a control period in 2023 or
thereafter,'';
0
h. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A),
removing ``By June 1, 2015 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2015 through 2022,'';
0
i. Adding paragraph (b)(2)(i)(B);
0
j. In paragraph (b)(2)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.712(b)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
k. Revising paragraph (b)(2)(ii)(B);
0
l. In paragraph (b)(2)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
m. In paragraphs (b)(2)(iv) introductory text and (b)(2)(iv)(A),
removing ``SO2 annual'' and adding in its place
``SO2 Group 2'';
0
n. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(2)(ii) of this section for a control period in 2023 or
thereafter,'';
0
o. In paragraph (c)(5)(i)(A), adding ``(or a subsequent control
period)'' before ``for the State'';
0
p. In paragraph (c)(5)(i)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
q. In paragraph (c)(5)(ii)(A), adding ``(or a subsequent control
period)'' before the semicolon at the end of the paragraph;
0
r. In paragraph (c)(5)(ii)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision''; and
0
s. 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.  97.711   Timing requirements for CSAPR SO2 Group 2
allowance allocations.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR SO2 Group 2 allowance
allocation to each CSAPR SO2 Group 2 unit in a State, in
accordance with Sec.  97.712(a)(2) through (7), (10), and (12), for the
control period in the year before the year of the applicable
calculation deadline under this paragraph and will promulgate a notice
of data availability of the results of the calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(1)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(1)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(1)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR SO2 Group 2 allowance
allocation to each CSAPR SO2 Group 2 unit in Indian country
within the borders of a State, in accordance with Sec.  97.712(b)(2)
through (7), (10), and (12), for the control period in the year before
the year of the applicable calculation deadline under this paragraph
and will promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(2)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(2)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(2)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(2)(ii)(A) of this section.
* * * * *
0
79. Amend Sec.  97.712 by:
0
a. Adding a subject heading to paragraph (a) introductory text;
0
b. In paragraph (a)(1)(i), removing ``Sec.  97.711(a)(1);'' and adding
in its place ``Sec.  97.711(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.730(b) not later
than December 31 of the year of the control period;'';
0
c. In paragraph (a)(1)(iii), removing ``control period; or'' and adding
in its place ``control period, for a control period before 2023, or
that operate during such control period, for a control period in 2023
or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraphs (a)(3)(ii) and (iv) and (a)(4)(i);
0
f. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
g. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';

0
h. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
i. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2023, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2023 or thereafter, any unallocated'';
0
j. Redesignating paragraph (a)(11) as paragraph (a)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
k. Adding paragraph (a)(11)(ii);
0
l. Revising paragraph (a)(12);
0
m. Adding a subject heading to paragraph (b) introductory text;
0
n. In paragraph (b)(1)(i), removing ``Sec.  97.711(a)(1); or'' and
adding in its place ``Sec.  97.711(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.730(b) not later
than December 31 of the year of the control period; or'';
0
o. Revising paragraphs (b)(3)(ii) and (b)(4)(i);
0
p. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
q. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
r. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
s. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2023, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2023 or thereafter, any
unallocated'';
0
t. Redesignating paragraph (b)(11) as paragraph (b)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
u. Adding paragraph (b)(11)(ii); and
0
v. Revising paragraph (b)(12).
    The additions and revisions read as follows:

Sec.  97.712   CSAPR SO2 Group 2 allowance allocations to new units.

    (a) Allocations from new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR SO2 Group 2
unit's monitoring systems under Sec.  97.730(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter;
* * * * *
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the first control period after the control period in which the unit
resumes operation, for allocations for a control period before 2023, or
the control period in which the unit resumes operation, for allocations
for a control period in 2023 or thereafter.
    (4)(i) The allocation to each CSAPR SO2 Group 2 unit
described in paragraphs (a)(1)(i) through (iii) of this section and for
each control period described in paragraph (a)(3) of this section will
be an amount equal to the unit's total tons of SO2 emissions
during the immediately preceding control period, for a control period
before 2023, or the unit's total tons of SO2 emissions
during the control period, for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.711(b)(1)(i), (ii), and (v), of the
amount of CSAPR SO2 Group 2 allowances allocated under
paragraphs (a)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR SO2 Group 2 unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period before 2023 under paragraph (a)(7)
of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or
paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a
control period in 2023 or thereafter under paragraph (a)(7) of this
section or paragraphs (a)(6) and (10) of this section, would otherwise
result in total allocations from such new unit set-aside unequal to the
total amount of such new unit set-aside, then the Administrator will
adjust the results of such calculations as follows. The Administrator
will list the CSAPR SO2 Group 2 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 SO2
Group 2 allowance (but not below zero) in the order in which the units
are listed, and will repeat this adjustment process as necessary, until
the total allocations from such new unit set-aside equal the total
amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR SO2 Group 2
unit's monitoring systems under Sec.  97.730(b), for allocations for a
control period before 2023, or the control period containing such
deadline, for allocations for a control period in 2023 or thereafter.
    (4)(i) The allocation to each CSAPR SO2 Group 2 unit
described in paragraph (b)(1)(i) of this section and for each control
period described in paragraph (b)(3) of this section will be an amount
equal to the unit's total tons of SO2 emissions during the
immediately preceding control period, for a control period before 2023,
or the unit's total tons of SO2 emissions during the control
period, for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.711(b)(2)(i), (ii), and (v), of the
amount of CSAPR SO2 Group 2 allowances allocated under
paragraphs (b)(2) through (7), (10), and (12) of this section for such
control period to each CSAPR SO2 Group 2 unit eligible for
such allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period before 2023 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2023 or thereafter under
paragraph (b)(7) of this section, would otherwise result in total
allocations from such Indian country new unit set-aside unequal to the
total amount of such Indian country new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR SO2 Group 2 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 SO2 Group 2 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.  97.720   [Amended]

0
80. In Sec.  97.720, amend paragraph (c)(3)(iii)(B) by removing ``to
SO2'' and adding in its place ``to CSAPR SO2''.
0
81. Amend Sec.  97.721 by:
0
a. Redesignating paragraph (f) as paragraph (f)(1), removing ``By July
1, 2019 and July 1 of each year thereafter,'' and adding in its place
``By July 1, 2019 and July 1, 2020,'';
0
b. Adding paragraph (f)(2);
0
c. Redesignating paragraph (g) as paragraph (g)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
d. Adding paragraph (g)(2);
0
e. Redesignating paragraph (h) as paragraph (h)(1), removing ``By
August 1, 2015 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2015 through 2022,'';
0
f. Adding paragraph (h)(2); and
0
g. In paragraphs (i) and (j), removing ``By February 15, 2016 and
February 15 of each year thereafter,'' and adding in its place ``By
February 15 of each year from 2016 through 2023,''.
    The additions read as follows:

Sec.  97.721   Recordation of CSAPR SO2 Group 2 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 SO2 Group 2 source's
compliance account the CSAPR SO2 Group 2 allowances
allocated to the CSAPR SO2 Group 2 units at the source, or
in each appropriate Allowance Management System account the CSAPR
SO2 Group 2 allowances auctioned to CSAPR SO2
Group 2 units, in accordance with Sec.  97.711(a), or with a SIP
revision approved under Sec.  52.39(h) or (i) of this chapter, for the
control period in the third year after the year of the applicable
recordation deadline under this paragraph.
    (g) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR SO2 Group 2 source's
compliance account the CSAPR SO2 Group 2 allowances
allocated to the CSAPR SO2 Group 2 units at the source, or
in each appropriate Allowance Management System account the CSAPR
SO2 Group 2 allowances auctioned to CSAPR SO2
Group 2 units, in accordance with Sec.  97.712(a)(2) through (12), or
with a SIP revision approved under Sec.  52.39(h) or (i) of this
chapter, for the control period in the year before the year of the
applicable recordation deadline under this paragraph.
    (h) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR SO2 Group 2 source's
compliance account the CSAPR SO2 Group 2 allowances
allocated to the CSAPR SO2 Group 2 units at the source in
accordance with Sec.  97.712(b)(2) through (12) for the control period
in the year before the year of the applicable recordation deadline
under this paragraph.
* * * * *
0
82. Amend Sec.  97.724 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.724   Compliance with CSAPR SO2 Group 2 emissions
limitation.

* * * * *
    (c) Selection of CSAPR SO2 Group 2 allowances for deduction--(1)
Identification by serial number. The designated representative for a
source may request that specific CSAPR SO2 Group 2
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 SO2 Group 2 source and the
appropriate serial numbers.
* * * * *
0
83. Amend Sec.  97.725 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. In paragraph (b)(2)(i), removing ``By July 1'' and adding in its
place ``For a control period before 2023 only, by July 1'';
0
c. Revising paragraphs (b)(2)(ii), (b)(2)(iii) introductory text, and
(b)(2)(iii)(A);
0
d. In paragraph (b)(2)(iii)(B), removing ``such notice,'' and adding in
its place ``such notice or notices,''; and
0
e. In paragraph (b)(6)(ii), removing ``If any such data'' and adding in
its place ``For a control period before 2023 only, if any such data''.
    The revisions read as follows:

Sec.  97.725   Compliance with CSAPR SO2 Group 2 assurance provisions.

* * * * *
    (b) * * *
    (1) By June 1 of each year from 2018 through 2023 and by August 1
of each year thereafter, the Administrator will:
* * * * *
    (ii) If the calculations under paragraph (b)(1)(i) of this section
indicate that the total SO2 emissions from all CSAPR
SO2 Group 2 units at CSAPR SO2 Group 2 sources in
any State (and Indian country within the borders of such State) during
such control period exceed the State assurance level for such control
period, promulgate a notice of data availability of the results of the
calculations required in paragraph (b)(1)(i) of this section, including
separate calculations of the SO2 emissions from each CSAPR
SO2 Group 2 source.
    (2) * * *
    (ii) The Administrator will calculate, for each such State (and
Indian country within the borders of such State) and such control
period and each common designated representative for such control
period for a group of one or more CSAPR SO2 Group 2 sources
and units in the State (and Indian country within the borders of such
State), the common designated representative's share of the total
SO2 emissions from all CSAPR SO2 Group 2 units at
CSAPR SO2 Group 2 sources in the State (and Indian country
within the borders of such State), the common designated
representative's assurance level, and the amount (if any) of CSAPR
SO2 Group 2 allowances that the owners and operators of such
group of sources and units must hold in accordance with the calculation
formula in Sec.  97.706(c)(2)(i). For a control period before 2023, if
the results of these calculations were not included in the notice of
data availability required in paragraph (b)(1)(ii) of this section, the
Administrator will promulgate a notice of data availability of the
results of these calculations by August 1 immediately after the
promulgation of such notice. For a control period in 2023 or
thereafter, the Administrator will include the results of these
calculations in the notice of data availability required in paragraph
(b)(1)(ii) of this section.

    (iii) The Administrator will provide an opportunity for submission
of objections to the calculations referenced by the notice or notices
of data availability required in paragraphs (b)(1)(ii) and (b)(2)(ii)
of this section.
    (A) Objections shall be submitted by the deadline specified in such
notice or notices and shall be limited to addressing whether the
calculations referenced in the notice or notices are in accordance with
Sec.  97.706(c)(2)(iii), Sec. Sec.  97.706(b), and 97.730 through
97.735, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.702, and the
calculation formula in Sec.  97.706(c)(2)(i).
* * * * *

Sec.  97.731   [Amended]

0
84. In Sec.  97.731, amend paragraph (d)(3) introductory text by
removing in the last sentence ``with'' after ``is replaced by''.

Sec.  97.734   [Amended]

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

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

0
86. Amend Sec.  97.802 by:
0
a. Revising the definition of ``allowance transfer deadline'',
0
b. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
c. Revising the definitions of ``common designated representative's
assurance level'' and ``common designated representative's share'';
0
d. In the definition of ``CSAPR NOX Ozone Season Group 1
Trading Program'', removing ``(b)(3) through (5), and (b)(10) through
(12)'' and adding in its place ``and (b)(3) through (5) and (14)
through (16)'';
0
e. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(6) through (9), (14), (15), and (17)'';
0
f. Adding in alphabetical order definitions for ``CSAPR NOX
Ozone Season Group 3 allowance'', ``CSAPR NOX Ozone Season
Group 3 Trading Program'', and ``nitrogen oxides''; and
0
g. In the definition of ``State'', removing ``(2)(i) and (iii), (6)
through (11), and (13)'' and adding in its place ``(b)(2)(iii) and
(iv), and (b)(6) through (9), (14), (15), and (17)''.
    The revisions and additions read as follows:

Sec.  97.802   Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR NOX Ozone Season Group 2 allowance
transfer must be submitted for recordation in a CSAPR NOX
Ozone Season Group 2 source's compliance account in order to be
available for use in complying with the source's CSAPR NOX
Ozone Season Group 2 emissions limitation for such control period in
accordance with Sec. Sec.  97.806 and 97.824.
* * * * *
    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.  97.806(c)(2)(iii):
    (1) The amount (rounded to the nearest allowance) equal to the sum
of the total amount of CSAPR NOX Ozone Season Group 2
allowances allocated for such control period to a group of one or more
base CSAPR NOX Ozone Season Group 2 units located in such
State (and such Indian country) and having the common designated
representative for such control period and the total amount of CSAPR
NOX Ozone Season Group 2 allowances purchased by an owner or
operator of such base CSAPR NOX Ozone Season Group 2 units
in an auction for such control period and submitted by the State or the
permitting authority to the Administrator for recordation in the
compliance accounts for such base CSAPR NOX Ozone Season
Group 2 units in accordance with the CSAPR NOX Ozone Season
Group 2 allowance auction provisions in a SIP revision approved by the
Administrator under Sec.  52.38(b)(6), (8), or (9) of this chapter,
multiplied by the sum of the State NOX Ozone Season Group 2
trading budget under Sec.  97.810(a) and the State's variability limit
under Sec.  97.810(b) for such control period and divided by the
greater of such State NOX Ozone Season Group 2 trading
budget or the sum of all amounts of CSAPR NOX Ozone Season
Group 2 allowances for such control period treated for purposes of this
definition as having been allocated to or purchased in the State's
auction for all such base CSAPR NOX Ozone Season Group 2
units;
    (2) Provided that--
    (i) For a control period before 2023 only, in the case of a base
CSAPR NOX Ozone Season Group 2 unit that operates during,
but has no amount of CSAPR NOX Ozone Season Group 2
allowances allocated under Sec. Sec.  97.811 and 97.812 for, such
control period, the unit shall be treated, solely for purposes of this
definition, as being allocated an amount (rounded to the nearest
allowance) of CSAPR NOX Ozone Season Group 2 allowances for
such control period equal to the unit's allowable NOX
emission rate applicable to such control period, multiplied by a
capacity factor of 0.92 (if the unit is a boiler combusting any amount
of coal or coal-derived fuel during such control period), 0.32 (if the
unit is a simple cycle combustion turbine during such control period),
0.71 (if the unit is a combined cycle combustion turbine during such
control period), 0.73 (if the unit is an integrated coal gasification
combined cycle unit during such control period), or 0.44 (for any other
unit), multiplied by the unit's maximum hourly load as reported in
accordance with this subpart and by 3,672 hours/control period, and
divided by 2,000 lb/ton;
    (ii) The allocations of CSAPR NOX Ozone Season Group 2
allowances for any control period taken into account for purposes of
this definition exclude any CSAPR NOX Ozone Season Group 2
allowances allocated for such control period under Sec.  97.526(c)(1)
or (3), or under Sec.  97.526(c)(4) or (5) pursuant to an exception
under Sec.  97.526(c)(1) or (3); and
    (iii) In the case of the base CSAPR NOX Ozone Season
Group 2 units at a base CSAPR NOX Ozone Season Group 2
source in a State with regard to which CSAPR NOX Ozone
Season Group 2 allowances have been allocated under Sec.  97.526(c)(2)
for a given control period, the units at each such source will be
treated, solely for purposes of this definition, as having been
allocated under Sec.  97.526(c)(2), or under Sec.  97.526(c)(4) or (5)
pursuant to an exception under Sec.  97.526(c)(2), an amount of CSAPR
NOX Ozone Season Group 2 allowances for such control

period equal to the sum of the total amount of CSAPR NOX
Ozone Season Group 1 allowances allocated for such control period to
such units and the total amount of CSAPR NOX Ozone Season
Group 1 allowances purchased by an owner or operator of such 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 account for such source 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, divided by the conversion factor determined under
Sec.  97.526(c)(2)(ii) with regard to the State's SIP revision under
Sec.  52.38(b)(6) of this chapter, and rounded up to the nearest whole
allowance.
    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 base
CSAPR NOX Ozone Season Group 2 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 base CSAPR NOX Ozone
Season Group 2 units located in such State (and such Indian country)
and having the common designated representative for such control
period.
* * * * *
    CSAPR NOX Ozone Season Group 3 allowance means a limited
authorization issued and allocated or auctioned by the Administrator
under subpart GGGGG of this part, Sec.  97.526(c), or Sec.  97.826(c),
or by a State or permitting authority under a SIP revision approved by
the Administrator under Sec.  52.38(b)(10), (11), (12), or (13) of this
chapter, to emit one ton of NOX during a control period of
the specified calendar year for which the authorization is allocated or
auctioned or of any calendar year thereafter under the CSAPR
NOX Ozone Season Group 3 Trading Program.
    CSAPR NOX Ozone Season Group 3 Trading Program means a
multi-state NOX air pollution control and emission reduction
program established in accordance with subpart GGGGG of this part and
Sec.  52.38(b)(1), (b)(2)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.805   [Amended]

0
87. In Sec.  97.805, amend paragraph (b) by removing the subject
heading.
0
88. Amend Sec.  97.811 by:
0
a. Redesignating paragraph (b)(1)(i) as paragraph (b)(1)(i)(A),
removing ``By June 1, 2017 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2017 through 2022,'';
0
b. Adding paragraph (b)(1)(i)(B);
0
c. In paragraph (b)(1)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.812(a)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
d. Revising paragraph (b)(1)(ii)(B);
0
e. In paragraph (b)(1)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
f. In paragraph (b)(1)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(1)(ii) of this section for a control period in 2023 or
thereafter,'';
0
g. Redesignating paragraph (b)(2)(i) as paragraph (b)(2)(i)(A),
removing ``By June 1, 20175 and June 1 of each year thereafter,'' and
adding in its place ``By June 1 of each year from 2017 through 2022,'';
0
h. Adding paragraph (b)(2)(i)(B);
0
i. In paragraph (b)(2)(ii)(A), removing ``through (7) and (12) and''
and adding in its place ``through (7) and (12) for a control period
before 2023, or Sec.  97.812(b)(2) through (7), (10), and (12) for a
control period in 2023 or thereafter, and'';
0
j. Revising paragraph (b)(2)(ii)(B);
0
k. In paragraph (b)(2)(iii), removing ``such control period'' and
adding in its place ``a control period before 2023'';
0
l. In paragraph (b)(2)(v), removing ``of this section,'' and adding in
its place ``of this section for a control period before 2023, or in
paragraph (b)(2)(ii) of this section for a control period in 2023 or
thereafter,'';
0
m. In paragraph (c)(5)(i)(A), adding ``(or a subsequent control
period)'' before ``for the State'';
0
n. In paragraph (c)(5)(i)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
o. In paragraph (c)(5)(ii)(A), adding ``(or a subsequent control
period)'' before the semicolon at the end of the paragraph;
0
p. In paragraph (c)(5)(ii)(B), adding ``(or a subsequent control
period)'' before ``in accordance with such SIP revision'';
0
q. In paragraph (c)(5)(iii), adding ``(or a subsequent control
period)'' before the period at the end of the paragraph; and
0
r. Adding paragraph (d).
    The additions and revisions read as follows:

Sec.  97.811   Timing requirements for CSAPR NOX Ozone Season Group 2
allowance allocations.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Ozone Season
Group 2 allowance allocation to each CSAPR NOX Ozone Season
Group 2 unit in a State, in accordance with Sec.  97.812(a)(2) through
(7), (10), and (12), for the control period in the year before the year
of the applicable calculation deadline under this paragraph and will
promulgate a notice of data availability of the results of the
calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(1)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(1)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(1)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(1)(ii)(A) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (B) By March 1, 2024 and March 1 of each year thereafter, the
Administrator will calculate the CSAPR NOX Ozone Season
Group 2 allowance allocation to each CSAPR NOX Ozone Season
Group 2 unit in a State, in accordance with Sec.  97.812(b)(2) through
(7), (10), and (12),

for the control period in the year before the year of the applicable
calculation deadline under this paragraph and will promulgate a notice
of data availability of the results of the calculations.
    (ii) * * *
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the applicable
provisions referenced in paragraph (b)(2)(ii)(A) of this section. By
August 1 immediately after the promulgation of each notice of data
availability required in paragraph (b)(2)(i)(A) of this section for a
control period before 2023, or by May 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(2)(i)(B) of this section for a control period in 2023 or
thereafter, the Administrator will promulgate a notice of data
availability of the calculations incorporating any adjustments that the
Administrator determines to be necessary with regard to allocations
under such applicable provisions and the reasons for accepting or
rejecting any objections submitted in accordance with paragraph
(b)(2)(ii)(A) of this section.
* * * * *
    (d) Recall of CSAPR NOX Ozone Season Group 2 allowances allocated
for control periods after 2020. Notwithstanding any other provision of
this subpart, part 52 of this chapter, or any SIP revision approved
under Sec.  52.38(b) of this chapter, with regard to any CSAPR
NOX Ozone Season Group 2 allowances allocated to units or
other entities located in a State listed in Sec.  52.38(b)(2)(iv) of
this chapter for a control period after 2020, whether such CSAPR
NOX Ozone Season Group 2 allowances were allocated pursuant
to this subpart or a SIP revision approved under Sec.  52.38(b) of this
chapter--
    (1) For each such CSAPR NOX Ozone Season Group 2
allowance that was allocated for a given control period to any unit,
including a unit subject to an exemption under Sec.  97.805, and that
was recorded in the compliance account for the source at which the unit
is located before [DATE 60 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register], the Administrator will deduct from such
compliance account a CSAPR NOX Ozone Season Group 2
allowance allocated for the same control period. The owners and
operators of the unit shall ensure that sufficient CSAPR NOX
Ozone Season Group 2 allowances allocated for the appropriate control
periods are available in such compliance account for completion of the
deductions not later than [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
THE FINAL RULE IN THE Federal Register].
    (2) For each such CSAPR NOX Ozone Season Group 2
allowance that was allocated for a given control period to an entity
other than a unit and that was recorded in a general account for the
entity before [DATE 60 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE Federal Register] the Administrator will deduct from such
general account a CSAPR NOX Ozone Season Group 2 allowance
allocated for the same control period. The authorized account
representative for the general account shall ensure that sufficient
CSAPR NOX Ozone Season Group 2 allowances allocated for the
appropriate control periods are available in such general account for
completion of the deductions not later than [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (3) The Administrator will record in the appropriate Allowance
Management System accounts all deductions of CSAPR NOX Ozone
Season Group 2 allowances under paragraphs (d)(1) and (2) of this
section.
    (4) With respect to any CSAPR NOX Ozone Season Group 2
allowances for a given control period that the owners and operators of
a unit fail to hold in the compliance account for the source at which
the unit is located by the applicable deadline in accordance with
paragraph (d)(1) of this section, or that the authorized account
representative for a general account fails to hold in such general
account by the applicable deadline in accordance with paragraph (d)(2)
of this section, each such CSAPR NOX Ozone Season Group 2
allowance, and each day in such control period, shall constitute a
separate violation of this subpart and the Clean Air Act.
0
89. Amend Sec.  97.812 by:
0
a. Adding a subject heading to paragraph (a) introductory text;
0
b. In paragraph (a)(1)(i), removing ``Sec.  97.811(a)(1);'' and adding
in its place ``Sec.  97.811(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.830(b) not later
than September 30 of the year of the control period;'';
0
c. In paragraph (a)(1)(iii), removing ``control period; or'' and adding
in its place ``control period, for a control period before 2023, or
that operate during such control period, for a control period in 2023
or thereafter; or'';
0
d. In paragraph (a)(3) introductory text, removing ``later'' and adding
in its place ``latest'';
0
e. Revising paragraphs (a)(3)(ii) and (iv);
0
f. In paragraph (a)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
g. In paragraph (a)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
h. In paragraph (a)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
i. In paragraph (a)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
j. In paragraph (a)(10), removing ``for such control period, any
unallocated'' and adding in its place ``for a control period before
2023, or under paragraphs (a)(2) through (7) and (12) of this section
for a control period in 2023 or thereafter, any unallocated'';
0
k. Redesignating paragraph (a)(11) as paragraph (a)(11)(i), removing
``The Administrator'' and adding in its place ``For a control period
before 2023, the Administrator'';
0
l. Adding paragraph (a)(11)(ii);
0
m. Revising paragraph (a)(12);
0
n. Adding a subject heading to paragraph (b) introductory text;
0
o. In paragraph (b)(1)(i), removing ``Sec.  97.811(a)(1); or'' and
adding in its place ``Sec.  97.811(a)(1) and that have deadlines for
certification of monitoring systems under Sec.  97.830(b) not later
than September 30 of the year of the control period; or'';
0
p. Revising paragraph (b)(3)(ii);
0
q. In paragraph (b)(4)(i), removing ``preceding control period.'' and
adding in its place ``preceding control period, for a control period
before 2023, or the unit's total tons of NOX emissions
during the control period, for a control period in 2023 or
thereafter.'';
0
r. In paragraph (b)(5), adding ``allocation amounts of'' after ``sum of
the'';
0
s. In paragraph (b)(8), removing ``The Administrator'' and adding in
its place ``For a control period before 2023 only, the Administrator'';
0
t. In paragraph (b)(9) introductory text, removing ``If, after
completion'' and adding in its place ``For a control period before 2023
only, if, after completion'';
0
u. In paragraph (b)(10) introductory text, removing ``for such control
period, any unallocated'' and adding in its place ``for a control
period before 2023, or under paragraphs (b)(2) through (7) and (12) of
this section for a control period in 2023 or thereafter, any
unallocated'';
0
v. Redesignating paragraph (b)(11) as paragraph (b)(11)(i), removing
``The

Administrator'' and adding in its place ``For a control period before
2023, the Administrator'';
0
w. Adding paragraph (b)(11)(ii); and
0
x. Revising paragraph (b)(12).
    The additions and revisions read as follows:

Sec.  97.812   CSAPR NOX Ozone Season Group 2 allowance allocations to
new units.

    (a) Allocations from new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Ozone Season
Group 2 unit's monitoring systems under Sec.  97.830(b), for
allocations for a control period before 2023, or the control period
containing such deadline, for allocations for a control period in 2023
or thereafter;
* * * * *
    (iv) For a unit described in paragraph (a)(1)(iii) of this section,
the first control period after the control period in which the unit
resumes operation, for allocations for a control period before 2023, or
the control period in which the unit resumes operation, for allocations
for a control period in 2023 or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.811(b)(1)(i), (ii), and (v), of the
amount of CSAPR NOX Ozone Season Group 2 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 2 unit eligible for such allocation.
    (12) Notwithstanding the requirements of paragraphs (a)(2) through
(11) of this section, if the calculations of allocations from a new
unit set-aside for a control period before 2023 under paragraph (a)(7)
of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or
paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a
control period in 2023 or thereafter under paragraph (a)(7) of this
section or paragraphs (a)(6) and (10) of this section, would otherwise
result in total allocations from such new unit set-aside unequal to the
total amount of such new unit set-aside, then the Administrator will
adjust the results of such calculations as follows. The Administrator
will list the CSAPR NOX Ozone Season Group 2 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 2 allowance (but not below zero) in
the order in which the units are listed, and will repeat this
adjustment process as necessary, until the total allocations from such
new unit set-aside equal the total amount of such new unit set-aside.
    (b) Allocations from Indian country new unit set-asides. * * *
* * * * *
    (3) * * *
    (ii) The first control period after the control period containing
the deadline for certification of the CSAPR NOX Ozone Season
Group 2 unit's monitoring systems under Sec.  97.830(b), for
allocations for a control period before 2023, or the control period
containing such deadline, for allocations for a control period in 2023
or thereafter.
* * * * *
    (11) * * *
    (ii) For a control period in 2023 or thereafter, the Administrator
will notify the public, through the promulgation of the notices of data
availability described in Sec.  97.811(b)(2)(i), (ii), and (v), of the
amount of CSAPR NOX Ozone Season Group 2 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 2 unit eligible for such allocation.
    (12) Notwithstanding the requirements of paragraphs (b)(2) through
(11) of this section, if the calculations of allocations from an Indian
country new unit set-aside for a control period before 2023 under
paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of
this section, or for a control period in 2023 or thereafter under
paragraph (b)(7) of this section, would otherwise result in total
allocations from such Indian country new unit set-aside unequal to the
total amount of such Indian country new unit set-aside, then the
Administrator will adjust the results of such calculations as follows.
The Administrator will list the CSAPR NOX Ozone Season Group
2 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 2 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.  97.820   [Amended]

0
90. In Sec.  97.820, amend paragraph (c)(3)(iii)(B) by removing ``to
NOX'' and adding in its place ``to CSAPR NOX''.
0
91. Amend Sec.  97.821 by:
0
a. In paragraph (f), removing ``By July 1, 2021'' and adding in its
place ``By July 1, 2022'', and removing ``in the fourth year'' and
adding in its place ``in the third year'';
0
b. Redesignating paragraph (g) as paragraph (g)(1), removing ``By
August 1, 2017 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2017 through 2022,'';
0
c. Adding paragraph (g)(2);
0
d. Redesignating paragraph (h) as paragraph (h)(1), removing ``By
August 1, 2017 and August 1 of each year thereafter,'' and adding in
its place ``By August 1 of each year from 2017 through 2022,'';
0
e. Adding paragraph (h)(2); and
0
f. In paragraphs (i) and (j), removing ``By February 15, 2018 and
February 15 of each year thereafter,'' and adding in its place ``By
February 15 of each year from 2018 through 2023.''
    The additions read as follows:

Sec.  97.821   Recordation of CSAPR NOX Ozone Season Group 2 allowance
allocations and auction results.

* * * * *
    (g) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 2 source's compliance account the CSAPR NOX Ozone
Season Group 2 allowances allocated to the CSAPR NOX Ozone
Season Group 2 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 2
allowances auctioned to CSAPR NOX Ozone Season Group 2
units, in accordance with Sec.  97.812(a)(2) through (12), or with a
SIP revision approved under Sec.  52.38(b)(6), (8), or (9) of this
chapter, for the control period in

the year before the year of the applicable recordation deadline under
this paragraph.
    (h) * * *
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 2 source's compliance account the CSAPR NOX Ozone
Season Group 2 allowances allocated to the CSAPR NOX Ozone
Season Group 2 units at the source in accordance with Sec.
97.812(b)(2) through (12) for the control period in the year before the
year of the applicable recordation deadline under this paragraph.
* * * * *
0
92. Amend Sec.  97.824 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.824   Compliance with CSAPR NOX Ozone Season Group 2 emissions
limitation.

* * * * *
    (c) Selection of CSAPR NOX Ozone Season Group 2
allowances for deduction--(1) Identification by serial number. The
designated representative for a source may request that specific CSAPR
NOX Ozone Season Group 2 allowances, identified by serial
number, in the source's compliance account be deducted for emissions or
excess emissions for a control period in a given year in accordance
with paragraph (b) or (d) of this section. In order to be complete,
such request shall be submitted to the Administrator by the allowance
transfer deadline for such control period and include, in a format
prescribed by the Administrator, the identification of the CSAPR
NOX Ozone Season Group 2 source and the appropriate serial
numbers.
* * * * *
0
93. Amend Sec.  97.825 by:
0
a. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
b. In paragraph (b)(2)(i), removing ``By July 1'' and adding in its
place ``For a control period before 2023 only, by July 1'';
0
c. Revising paragraphs (b)(2)(ii), (b)(2)(iii) introductory text, and
(b)(2)(iii)(A);
0
d. In paragraph (b)(2)(iii)(B), removing ``such notice,'' and adding in
its place ``such notice or notices,''; and
0
e. In paragraph (b)(6)(ii), removing ``If any such data'' and adding in
its place ``For a control period before 2023 only, if any such data.''
    The revisions read as follows:

Sec.  97.825   Compliance with CSAPR NOX Ozone Season Group 2 assurance
provisions.

* * * * *
    (b) * * *
    (1) By June 1 of each year from 2018 through 2023 and by August 1
of each year thereafter, the Administrator will:
* * * * *
    (ii) If the calculations under paragraph (b)(1)(i) of this section
indicate that the total NOX emissions from all CSAPR
NOX Ozone Season Group 2 units at CSAPR NOX Ozone
Season Group 2 sources in any State (and Indian country within the
borders of such State) during such control period exceed the State
assurance level for such control period, promulgate a notice of data
availability of the results of the calculations required in paragraph
(b)(1)(i) of this section, including separate calculations of the
NOX emissions from each base CSAPR NOX Ozone
Season Group 2 source.
    (2) * * *
    (ii) The Administrator will calculate, for each such State (and
Indian country within the borders of such State) and such control
period and each common designated representative for such control
period for a group of one or more base CSAPR NOX Ozone
Season Group 2 sources and units in the State (and Indian country
within the borders of such State), the common designated
representative's share of the total NOX emissions from all
base CSAPR NOX Ozone Season Group 2 units at base CSAPR
NOX Ozone Season Group 2 sources in the State (and Indian
country within the borders of such State), the common designated
representative's assurance level, and the amount (if any) of CSAPR
NOX Ozone Season Group 2 allowances that the owners and
operators of such group of sources and units must hold in accordance
with the calculation formula in Sec.  97.806(c)(2)(i). For a control
period before 2023, if the results of these calculations were not
included in the notice of data availability required in paragraph
(b)(1)(ii) of this section, the Administrator will promulgate a notice
of data availability of the results of these calculations by August 1
immediately after the promulgation of such notice. For a control period
in 2023 or thereafter, the Administrator will include the results of
these calculations in the notice of data availability required in
paragraph (b)(1)(ii) of this section.
    (iii) The Administrator will provide an opportunity for submission
of objections to the calculations referenced by the notice or notices
of data availability required in paragraphs (b)(1)(ii) and (b)(2)(ii)
of this section.
    (A) Objections shall be submitted by the deadline specified in such
notice or notices and shall be limited to addressing whether the
calculations referenced in the notice or notices are in accordance with
Sec.  97.806(c)(2)(iii), Sec. Sec.  97.806(b), and 97.830 through
97.835, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.802, and the
calculation formula in Sec.  97.806(c)(2)(i).
* * * * *
0
94. Amend Sec.  97.826 by revising the section heading and paragraph
(b) and adding paragraph (c) to read as follows:

Sec.  97.826   Banking and conversion.

* * * * *
    (b) Any CSAPR NOX Ozone Season Group 2 allowance that is
held in a compliance account or a general account will remain in such
account unless and until the CSAPR NOX Ozone Season Group 2
allowance is deducted or transferred under Sec.  97.811(c) or (d),
Sec.  97.823, Sec.  97.824, Sec.  97.825, Sec.  97.827, or Sec.  97.828
or removed under paragraph (c) of this section.
    (c) Notwithstanding any other provision of this subpart, part 52 of
this chapter, or any SIP revision approved under Sec.  52.38(b)(6),
(8), or (9) of this chapter, the Administrator will remove CSAPR
NOX Ozone Season Group 2 allowances from compliance accounts
and general accounts and allocate in their place amounts of CSAPR
NOX Ozone Season Group 3 allowances as provided in
paragraphs (c)(1) through (5) of this section and will record CSAPR
NOX Ozone Season Group 3 allowances in lieu of initially
recording CSAPR NOX Ozone Season Group 2 allowances as
provided in paragraph (c)(6) of this section.
    (1) By [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE FEDERAL REGISTER], the Administrator will temporarily suspend
acceptance of CSAPR NOX Ozone Season Group 2 allowance
transfers submitted under Sec.  97.822 and, before resuming acceptance
of such transfers, will take the following actions with regard to every
general account and every compliance account except a compliance
account for a CSAPR NOX Ozone Season Group 2 source located
in a State listed in Sec.  52.38(b)(2)(iii) of this chapter or Indian
country within the borders of such a State, subject to the prior
opportunity for temporary modifications of the holdings of each general
account as described in paragraph (c)(1)(iv) of this section:
    (i) The Administrator will remove all CSAPR NOX Ozone
Season Group 2 allowances allocated for the control

periods in 2017, 2018, 2019, and 2020 from each such account.
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the sum of all CSAPR NOX Ozone Season Group 2
allowances removed from all such accounts under paragraph (c)(1)(i) of
this section divided by the product of the sum of the variability
limits for the control period in 2022 set forth in Sec.  97.1010(b) for
all States listed in Sec.  52.38(b)(2)(v) of this chapter multiplied by
a fraction whose numerator is the number of days from [DATE 60 DAYS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]
through September 30, 2021, inclusive, and whose denominator is 153.
    (iii) The Administrator will allocate to and record in each such
account an amount of CSAPR NOX Ozone Season Group 3
allowances for the control period in 2021, where such amount is
determined as the quotient of the number of CSAPR NOX Ozone
Season Group 2 allowances removed from such account under paragraph
(c)(1)(i) of this section divided by the conversion factor determined
under paragraph (c)(1)(ii) of this section, rounded up to the nearest
whole allowance, except as provided in paragraphs (c)(4) and (5) of
this section.
    (iv) The authorized account representative for a general account
may elect to prevent the application of the provisions of paragraphs
(c)(1)(i) through (iii) of this section to any or all CSAPR
NOX Ozone Season Group 2 allowances held in such general
account as follows:
    (A) Not less than 30 days before taking the action described in
paragraph (c)(1)(i) of this section, the Administrator will establish a
reserve account for the sole purpose of temporarily holding CSAPR
NOX Ozone Season Group 2 allowances that will not be subject
to the provisions of paragraphs (c)(1)(i) through (iii) of this
section.
    (B) The authorized account representative for any general account
may transfer any or all CSAPR NOX Ozone Season Group 2
allowances held in such general account to the reserve account,
provided that each such transfer must be submitted not less than 7 days
before the action described in paragraph (c)(1)(i) of this section.
CSAPR NOX Ozone Season Group 2 allowances held in a
compliance account may not be transferred directly to the reserve
account but may be transferred to a general account and then
transferred from the general account to the reserve account, subject to
the deadline under this paragraph for submission of the transfer to the
reserve account.
    (C) Not more than 7 days after completion of the action described
in paragraph (c)(1)(iii) of this section, the Administrator will
transfer all CSAPR NOX Ozone Season Group 2 allowances held
in the reserve account back to the general accounts from which such
CSAPR NOX Ozone Season Group 2 allowances were transferred
to the reserve account.
    (2) As soon as practicable after approval of a SIP revision under
Sec.  52.38(b)(10) of this chapter for a State listed in Sec.
52.38(b)(2)(iii) of this chapter (or a State listed in Sec.
52.38(b)(2)(i) of this chapter for which a SIP revision under Sec.
52.38(b)(6) of this chapter was previously approved), but not later
than the allowance transfer deadline defined under Sec.  97.1002 for
the initial control period described with regard to such SIP revision
in Sec.  52.38(b)(10)(ii)(A) of this chapter, the Administrator will
temporarily suspend acceptance of CSAPR NOX Ozone Season
Group 2 allowance transfers submitted under Sec.  97.822 and, before
resuming acceptance of such transfers, will take the following actions
with regard to every general account and every compliance account,
unless otherwise provided in such approval of the SIP revision:
    (i) The Administrator will remove from each such account all CSAPR
NOX Ozone Season Group 2 allowances for such initial control
period and each subsequent control period that were allocated to units
located in such State under this subpart or Sec.  97.526(c)(2) or that
were allocated or auctioned to any entity under a SIP revision for such
State approved by the Administrator under Sec.  52.38(b)(6), (8), or
(9) of this chapter, whether such CSAPR NOX Ozone Season
Group 2 allowances were initially recorded in such account or were
transferred to such account from another account.
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the NOX Ozone Season Group 2 trading budget set
forth for such State in Sec.  97.810(a) divided by the NOX
Ozone Season Group 3 trading budget set forth for such State in Sec.
97.1010(a).
    (iii) The Administrator will allocate to and record in each such
account an amount of CSAPR NOX Ozone Season Group 3
allowances for each control period for which CSAPR NOX Ozone
Season Group 2 allowances were removed from such account, where each
such amount is determined as the quotient of the number of CSAPR
NOX Ozone Season Group 2 allowances for such control period
removed from such account under paragraph (c)(2)(i) of this section
divided by the conversion factor determined under paragraph (c)(2)(ii)
of this section, rounded up to the nearest whole allowance, except as
provided in paragraphs (c)(4) and (5) of this section.
    (3) As soon as practicable after approval of a SIP revision under
Sec.  52.38(b)(10) of this chapter for a State listed in Sec.
52.38(b)(2)(iii) of this chapter (or a State listed in Sec.
52.38(b)(2)(i) of this chapter for which a SIP revision under Sec.
52.38(b)(6) of this chapter was previously approved), but not before
the completion of deductions under Sec.  97.824 for the control period
before the initial control period described with regard to such SIP
revision in Sec.  52.38(b)(10)(ii)(A) of this chapter and not later
than the allowance transfer deadline defined under Sec.  97.1002 for
such initial control period, the Administrator will temporarily suspend
acceptance of CSAPR NOX Ozone Season Group 2 allowance
transfers submitted under Sec.  97.822 and, before resuming acceptance
of such transfers, will take the following actions with regard to every
compliance account for a CSAPR NOX Ozone Season Group 2
source located in such State, provided that if the provisions of Sec.
52.38(b)(2)(iii) of this chapter or a SIP revision approved under Sec.
52.38(b)(6) or (9) of this chapter will no longer apply to any source
in any State or Indian country within the borders of any State with
regard to emissions occurring in such initial control period or any
subsequent control period, the Administrator instead will permanently
end acceptance of CSAPR NOX Ozone Season Group 2 allowance
transfers submitted under Sec.  97.822 and will take the following
actions with regard to every general account and every compliance
account:
    (i) The Administrator will remove from each such account all CSAPR
NOX Ozone Season Group 2 allowances allocated for all
control periods before such initial control period.
    (ii) The Administrator will determine a conversion factor equal to
the greater of 1.0000 or the quotient, expressed to four decimal
places, of the sum of all CSAPR NOX Ozone Season Group 2
allowances removed from all such accounts under paragraph (c)(3)(i) of
this section divided by the variability limit for such initial control
period set forth for such State in Sec.  97.1010(b).
    (iii) The Administrator will allocate to and record in each such
account an amount of CSAPR NOX Ozone Season Group 3
allowances for such initial

control period, where such amount is determined as the quotient of the
number of CSAPR NOX Ozone Season Group 2 allowances removed
from such account under paragraph (c)(3)(i) of this section divided by
the conversion factor determined under paragraph (c)(3)(ii) of this
section, rounded up to the nearest whole allowance, except as provided
in paragraphs (c)(4) and (5) of this section.
    (4)(i) Where, pursuant to paragraph (c)(1)(i), (c)(2)(i), or
(c)(3)(i) of this section, the Administrator removes CSAPR
NOX Ozone Season Group 2 allowances from the compliance
account for a source located in a State that is not listed in Sec.
52.38(b)(2)(v) of this chapter and for which no SIP revision has been
approved under Sec.  52.38(b)(10) of this chapter, or Indian country
within the borders of such a State, the Administrator will not record
CSAPR NOX Ozone Season Group 3 allowances in that compliance
account but instead will allocate to and record in a general account
CSAPR NOX Ozone Season Group 3 allowances for the control
periods and in the amounts determined in accordance with paragraph
(c)(1)(iii), (c)(2)(iii), or (c)(3)(iii) of this section, respectively,
provided that the designated representative for such source identifies
such general account in a submission to the Administrator within 180
days after the date on which the Administrator removes CSAPR
NOX Ozone Season Group 2 allowances from the source's
compliance account under paragraph (c)(1)(i), (c)(2)(i), or (c)(3)(i)
of this section.
    (ii) If the designated representative for a source described in
paragraph (c)(4)(i) of this section does not make a submission
identifying a general account for recordation of CSAPR NOX
Ozone Season Group 3 allowances within 180 days after the date on which
the Administrator removes CSAPR NOX Ozone Season Group 2
allowances from the source's compliance account under paragraph
(c)(1)(i), (c)(2)(i), or (c)(3)(i) of this section, the Administrator
will transfer the CSAPR NOX Ozone Season Group 3 allowances
to a surrender account. A submission by the designated representative
under paragraph (c)(4)(i) of this section after such a transfer has
taken place shall have no effect.
    (5)(i) In computing any amounts of CSAPR NOX Ozone
Season Group 3 allowances to be allocated to and recorded in general
accounts under paragraph (c)(1)(iii), (c)(2)(iii), or (c)(3)(iii) of
this section, the Administrator may group multiple general accounts
whose ownership interests are held by the same or related persons or
entities and treat the group of accounts as a single account for
purposes of such computation.
    (ii) Following a computation for a group of general accounts in
accordance with paragraph (c)(5)(i) of this section, the Administrator
will allocate to and record in each individual account in such group a
proportional share of the quantity of CSAPR NOX Ozone Season
Group 3 allowances computed for such group, basing such shares on the
respective quantities of CSAPR NOX Ozone Season Group 2
allowances removed from such individual accounts under paragraph
(c)(1)(i), (c)(2)(i), or (c)(3)(i) of this section, as applicable.
    (iii) In determining the proportional shares under paragraph
(c)(5)(ii) of this section, the Administrator may employ any reasonable
adjustment methodology to truncate or round each such share up or down
to a whole number and to cause the total of such whole numbers to equal
the amount of CSAPR NOX Ozone Season Group 3 allowances
computed for such group of accounts in accordance with paragraph
(c)(5)(i) of this section, even where such adjustments cause the
numbers of CSAPR NOX Ozone Season Group 3 allowances
allocated to some individual accounts to equal zero.
    (6) After the Administrator has carried out the procedures set
forth in paragraph (c)(1), (2), or (3) of this section, upon any
determination that would otherwise result in the initial recordation of
any CSAPR NOX Ozone Season Group 2 allowances in any
account, where if such allowances had been recorded before the
Administrator had carried out such procedures the allowances would have
been removed from such account under paragraph (c)(1)(i), (c)(2)(i), or
(c)(3)(i) of this section, respectively, the Administrator will not
record such CSAPR NOX Ozone Season Group 2 allowances but
instead will record CSAPR NOX Ozone Season Group 3
allowances for the control periods and in the amounts determined in
accordance with paragraph (c)(1)(iii), (c)(2)(iii), or (c)(3)(iii) of
this section, respectively, in such account or another account
identified in accordance with paragraph (c)(4) of this section.
    (7) Notwithstanding any other provision of this subpart or subpart
GGGGG of this part, CSAPR NOX Ozone Season Group 3
allowances may be used to satisfy requirements to hold CSAPR
NOX Ozone Season Group 2 allowances under this subpart as
follows, provided that nothing in this paragraph alters the time as of
which any such allowance holding requirement must be met or limits any
consequence of a failure to timely meet any such allowance holding
requirement:
    (i) After the Administrator has carried out the procedures set
forth in paragraph (c)(1) of this section, the owner or operator of a
CSAPR NOX Ozone Season Group 2 unit in a State listed in
Sec.  52.38(b)(2)(v) of this chapter or Indian country within the
borders of such a State may satisfy a requirement to hold a given
number of CSAPR NOX Ozone Season Group 2 allowances for the
control period in 2017, 2018, 2019, or 2020 by holding instead, in a
general account established for this sole purpose, an amount of CSAPR
NOX Ozone Season Group 3 allowances for the control period
in 2021, where such amount of CSAPR NOX Ozone Season Group 3
allowances is computed as the quotient of such given number of CSAPR
NOX Ozone Season Group 2 allowances divided by the
conversion factor determined under paragraph (c)(1)(ii) of this
section, rounded up to the nearest whole allowance.
    (ii) After the Administrator has carried out the procedures set
forth in paragraph (c)(3) of this section, the owner or operator of a
CSAPR NOX Ozone Season Group 2 unit in a State listed in
Sec.  52.38(b)(2)(iii) of this chapter (or a State listed in Sec.
52.38(b)(2)(i) of this chapter for which a SIP revision under Sec.
52.38(b)(6) of this chapter was previously approved) may satisfy a
requirement to hold a given number of CSAPR NOX Ozone Season
Group 2 allowances for a control period before the initial control
period described with regard to the State's SIP revision in Sec.
52.38(b)(10)(ii)(A) of this chapter by holding instead, in a general
account established for this sole purpose, an amount of CSAPR
NOX Ozone Season Group 3 allowances for such initial control
period or any previous control period, where such amount of CSAPR
NOX Ozone Season Group 3 allowances is computed as the
quotient of such given number of CSAPR NOX Ozone Season
Group 2 allowances divided by the conversion factor determined under
paragraph (c)(3)(ii) of this section, rounded up to the nearest whole
allowance.

Sec.  97.831   [Amended]

0
95. In Sec.  97.831, amend paragraph (d)(3) introductory text by
removing in the last sentence ``with'' after ``is replaced by''.

Subpart FFFFF--Texas SO2 Trading Program

0
96. Amend Sec.  97.902 by:
0
a. Revising the definition of ``allowance transfer deadline'';

0
b. In the definition of ``alternate designated representative'',
removing ``Program or CSAPR NOX Ozone Season Group 2 Trading
Program,'' and adding in its place ``Program, CSAPR NOX
Ozone Season Group 2 Trading Program, or CSAPR NOX Ozone
Season Group 3 Trading Program,'';
0
c. In the definition of ``common designated representative'', removing
``such control period, the same'' and adding in its place ``such a
control period before 2023, or as of July 1 immediately after such
deadline for such a control period in 2023 or thereafter, the same'';
0
d. In the definition of ``CSAPR NOX Ozone Season Group 2
Trading Program'', removing ``(b)(2)(i) and (iii), (b)(6) through (11),
and (b)(13)'' and adding in its place ``(b)(2)(iii) and (iv), and
(b)(6) through (9), (14), (15), and (17)'';
0
e. Adding in alphabetical order a definition for ``CSAPR NOX
Ozone Season Group 3 Trading Program'';
0
f. In the definition of ``designated representative'', removing
``Program or CSAPR NOX Ozone Season Group 2 Trading
Program,'' and adding in its place ``Program, CSAPR NOX
Ozone Season Group 2 Trading Program, or CSAPR NOX Ozone
Season Group 3 Trading Program,''; and
0
g. Adding in alphabetical order a definition for ``nitrogen oxides''.
    The revision and additions read as follows:

Sec.  97.902   Definitions.

* * * * *
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a Texas SO2 Trading Program allowance
transfer must be submitted for recordation in a Texas SO2
Trading Program source's compliance account in order to be available
for use in complying with the source's Texas SO2 Trading
Program emissions limitation for such control period in accordance with
Sec. Sec.  97.906 and 97.924.
* * * * *
    CSAPR NOX Ozone Season Group 3 Trading Program means a multi-state
NOX air pollution control and emission reduction program
established in accordance with subpart GGGGG of this part and Sec.
52.38(b)(1), (b)(2)(v), and (b)(10) through (15) and (18) of this
chapter (including such a program that is revised in a SIP revision
approved by the Administrator under Sec.  52.38(b)(11) or (12) of this
chapter or that is established in a SIP revision approved by the
Administrator under Sec.  52.38(b)(10) or (13) of this chapter), as a
means of mitigating interstate transport of ozone and NOX.
* * * * *
    Nitrogen oxides means all oxides of nitrogen except nitrous oxide
(N2O), reported on an equivalent molecular weight basis as
nitrogen dioxide (NO2).
* * * * *

Sec.  97.905   [Amended]

0
97. In Sec.  97.905, amend paragraph (b) by removing the subject
heading.
0
98. Amend Sec.  97.911 by:
0
a. Adding a paragraph (a) subject heading; and
0
b. In Table 1 to paragraph (a)(1), capitalizing ``Trading Program''
each time it appears, removing the extra period at the end of the table
entry for ``Big Brown Unit 1'', and removing ``Vistra Energy.'' and
adding in its place ``Vistra.'' each time it appears.
    The addition reads as follows:

Sec.  97.911   Texas SO2 Trading Program allowance allocations.

    (a) Allocations from the Texas SO2 Trading Program
budget. * * *
* * * * *

Sec.  97.912   [Amended]

0
99. Amend Sec.  97.912 by:
0
a. In paragraph (a)(3)(i), removing ``paragraph (b)'' and adding in its
place ``paragraph (d)''; and
0
b. In paragraph (b)(2), removing ``February 15, 2022 and each
subsequent February 15,'' and adding in its place ``February 15 of 2022
and 2023 and May 1 of each year thereafter,''.

Sec.  97.920   [Amended]

0
100. In Sec.  97.920, amend paragraph (d) by removing ``paragraphs (a),
(b), and (c)'' and adding in its place ``paragraph (a), (b), or (c)''.
0
101. Amend Sec.  97.921 by:
0
a. Redesignating paragraph (b) as paragraph (b)(1), removing ``By July
1, 2019,'' and adding in its place ``By July 1, 2019 and July 1,
2020,'';
0
b. Adding paragraph (b)(2); and
0
c. Revising paragraph (c).
    The addition and revision read as follows:

Sec.  97.921   Recordation of Texas SO2 Trading Program allowance
allocations.

* * * * *
    (b) * * *
    (2) By July 1, 2022 and July 1 of each year thereafter, the
Administrator will record in each Texas SO2 Trading Program
source's compliance account the Texas SO2 Trading Program
allowances allocated to the Texas SO2 Trading Program units
at the source in accordance with Sec.  97.911(a) for the control period
in the third year after the year of the applicable recordation deadline
under this paragraph, unless provided otherwise in the Administrator's
approval of a SIP revision replacing the provisions of this subpart.
    (c) By February 15 of each year from 2020 through 2023 and by May 1
of each year thereafter, the Administrator will record in each Texas
SO2 Trading Program source's compliance account the
allowances allocated from the Texas SO2 Trading Program
Supplemental Allowance Pool in accordance with Sec.  97.912 for the
control period in the year before the year of the applicable
recordation deadline under this paragraph, unless provided otherwise in
the Administrator's approval of a SIP revision replacing the provisions
of this subpart.
* * * * *
0
102. Amend Sec.  97.924 by adding a paragraph (c) subject heading and
revising paragraph (c)(1) to read as follows:

Sec.  97.924   Compliance with Texas SO2 Trading Program emissions
limitations.

* * * * *
    (c) Selection of Texas SO2 Trading Program allowances
for deduction--(1) Identification by serial number. The designated
representative for a source may request that specific Texas
SO2 Trading Program 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 Texas
SO2 Trading Program source and the appropriate serial
numbers.
* * * * *
0
103. Amend Sec.  97.925 by:
0
a. Revising paragraph (b)(1) introductory text; and
0
b. In paragraph (b)(2)(ii), removing in the first sentence ``this
section, the Administrator'' and adding in its place ``this section for
a control period before 2023, or by the August 1 deadline for such
calculations for a control period in 2023 or thereafter, the
Administrator''.
    The revision reads as follows:

Sec.  97.925  Compliance with Texas SO2 Trading Program assurance
provisions.

* * * * *
    (b) * * *
    (1) By June 1 of 2022 and 2023 and by August 1 of each year
thereafter, the Administrator will:
* * * * *

Sec.  97.934   [Amended]

0
104. In Sec.  97.934, amend paragraph (d)(3) by removing ``Program or
CSAPR NOX Ozone Season Group 2 Trading Program,'' and adding
in its place ``Program, CSAPR NOX Ozone Season Group 2
Trading Program, or CSAPR NOX Ozone Season Group 3 Trading
Program,''.
0
105. Add subpart GGGGG, consisting of Sec. Sec.  97.1001 through
97.1035, to read as follows:
Subpart GGGGG--CSAPR NOX Ozone Season Group 3 Trading Program
Sec.
97.1001 Purpose.
97.1002 Definitions.
97.1003 Measurements, abbreviations, and acronyms.
97.1004 Applicability.
97.1005 Retired unit exemption.
97.1006 Standard requirements.
97.1007 Computation of time.
97.1008 Administrative appeal procedures.
97.1009 [Reserved]
97.1010 State NOX Ozone Season Group 3 trading budgets,
new unit set-asides, Indian country new unit set-asides, and
variability limits.
97.1011 Timing requirements for CSAPR NOX Ozone Season
Group 3 allowance allocations.
97.1012 CSAPR NOX Ozone Season Group 3 allowance
allocations to new units.
97.1013 Authorization of designated representative and alternate
designated representative.
97.1014 Responsibilities of designated representative and alternate
designated representative.
97.1015 Changing designated representative and alternate designated
representative; changes in owners and operators; changes in units at
the source.
97.1016 Certificate of representation.
97.1017 Objections concerning designated representative and
alternate designated representative.
97.1018 Delegation by designated representative and alternate
designated representative.
97.1019 [Reserved]
97.1020 Establishment of compliance accounts, assurance accounts,
and general accounts.
97.1021 Recordation of CSAPR NOX Ozone Season Group 3
allowance allocations and auction results.
97.1022 Submission of CSAPR NOX Ozone Season Group 3
allowance transfers.
97.1023 Recordation of CSAPR NOX Ozone Season Group 3
allowance transfers.
97.1024 Compliance with CSAPR NOX Ozone Season Group 3
emissions limitation.
97.1025 Compliance with CSAPR NOX Ozone Season Group 3
assurance provisions.
97.1026 Banking.
97.1027 Account error.
97.1028 Administrator's action on submissions.
97.1029 [Reserved]
97.1030 General monitoring, recordkeeping, and reporting
requirements.
97.1031 Initial monitoring system certification and recertification
procedures.
97.1032 Monitoring system out-of-control periods.
97.1033 Notifications concerning monitoring.
97.1034 Recordkeeping and reporting.
97.1035 Petitions for alternatives to monitoring, recordkeeping, or
reporting requirements.

Subpart GGGGG--CSAPR NOX Ozone Season Group 3 Trading Program

Sec.  97.1001   Purpose.

    This subpart sets forth the general, designated representative,
allowance, and monitoring provisions for the Cross-State Air Pollution
Rule (CSAPR) NOX Ozone Season Group 3 Trading Program, under
section 110 of the Clean Air Act and Sec.  52.38 of this chapter, as a
means of mitigating interstate transport of ozone and nitrogen oxides.

Sec.  97.1002   Definitions.

    The terms used in this subpart shall have the meanings set forth in
this section as follows, provided that any term that includes the
acronym ``CSAPR'' shall be considered synonymous with a term that is
used in a SIP revision approved by the Administrator under Sec.  52.38
or Sec.  52.39 of this chapter and that is substantively identical
except for the inclusion of the acronym ``TR'' in place of the acronym
``CSAPR'':
    Acid Rain Program means a multi-state SO2 and
NOX air pollution control and emission reduction program
established by the Administrator under title IV of the Clean Air Act
and parts 72 through 78 of this chapter.
    Administrator means the Administrator of the United States
Environmental Protection Agency or the Director of the Clean Air
Markets Division (or its successor determined by the Administrator) of
the United States Environmental Protection Agency, the Administrator's
duly authorized representative under this subpart.
    Allocate or allocation means, with regard to CSAPR NOX
Ozone Season Group 3 allowances, the determination by the
Administrator, State, or permitting authority, in accordance with this
subpart, Sec.  97.526(c), Sec.  97.826(c), and any SIP revision
submitted by the State and approved by the Administrator under Sec.
52.38(b)(10), (11), (12), or (13) of this chapter, of the amount of
such CSAPR NOX Ozone Season Group 3 allowances to be
initially credited, at no cost to the recipient, to:
    (1) A CSAPR NOX Ozone Season Group 3 unit;
    (2) A new unit set-aside;
    (3) An Indian country new unit set-aside; or
    (4) An entity not listed in paragraphs (1) through (3) of this
definition;
    (5) Provided that, if the Administrator, State, or permitting
authority initially credits, to a CSAPR NOX Ozone Season
Group 3 unit qualifying for an initial credit, a credit in the amount
of zero CSAPR NOX Ozone Season Group 3 allowances, the CSAPR
NOX Ozone Season Group 3 unit will be treated as being
allocated an amount (i.e., zero) of CSAPR NOX Ozone Season
Group 3 allowances.
    Allowable NOX emission rate means, for a unit, the most
stringent State or federal NOX emission rate limit (in lb/
MWh or, if in lb/mmBtu, converted to lb/MWh by multiplying it by the
unit's heat rate in mmBtu/MWh) that is applicable to the unit and
covers the longest averaging period not exceeding one year.
    Allowance Management System means the system by which the
Administrator records allocations, auctions, transfers, and deductions
of CSAPR NOX Ozone Season Group 3 allowances under the CSAPR
NOX Ozone Season Group 3 Trading Program. Such allowances
are allocated, auctioned, recorded, held, transferred, or deducted only
as whole allowances.
    Allowance Management System account means an account in the
Allowance Management System established by the Administrator for
purposes of recording the allocation, auction, holding, transfer, or
deduction of CSAPR NOX Ozone Season Group 3 allowances.
    Allowance transfer deadline means, for a control period before
2023, midnight of March 1 immediately after such control period or, for
a control period in 2023 or thereafter, midnight of June 1 immediately
after such control period (or if such March 1 or June 1 is not a
business day, midnight of the first business day thereafter) and is the
deadline by which a CSAPR NOX Ozone Season Group 3 allowance
transfer must be submitted for recordation in a CSAPR NOX
Ozone Season Group 3 source's compliance account in order to be
available for use in complying with the source's CSAPR NOX
Ozone Season Group 3 emissions limitation for such

control period in accordance with Sec. Sec.  97.1006 and 97.1024.
    Alternate designated representative means, for a CSAPR
NOX Ozone Season Group 3 source and each CSAPR
NOX Ozone Season Group 3 unit at the source, the natural
person who is authorized by the owners and operators of the source and
all such units at the source, in accordance with this subpart, to act
on behalf of the designated representative in matters pertaining to the
CSAPR NOX Ozone Season Group 3 Trading Program. If the CSAPR
NOX Ozone Season Group 3 source is also subject to the Acid
Rain Program, CSAPR NOX Annual Trading Program, CSAPR
SO2 Group 1 Trading Program, or CSAPR SO2 Group 2
Trading Program, then this natural person shall be the same natural
person as the alternate designated representative as defined in the
respective program.
    Assurance account means an Allowance Management System account,
established by the Administrator under Sec.  97.1025(b)(3) for certain
owners and operators of a group of one or more base CSAPR
NOX Ozone Season Group 3 sources and units in a given State
(and Indian country within the borders of such State), in which are
held CSAPR NOX Ozone Season Group 3 allowances available for
use for a control period in a given year in complying with the CSAPR
NOX Ozone Season Group 3 assurance provisions in accordance
with Sec. Sec.  97.1006 and 97.1025.
    Auction means, with regard to CSAPR NOX Ozone Season
Group 3 allowances, the sale to any person by a State or permitting
authority, in accordance with a SIP revision submitted by the State and
approved by the Administrator under Sec.  52.38(b)(10), (12), or (13)
of this chapter, of such CSAPR NOX Ozone Season Group 3
allowances to be initially recorded in an Allowance Management System
account.
    Authorized account representative means, for a general account, the
natural person who is authorized, in accordance with this subpart, to
transfer and otherwise dispose of CSAPR NOX Ozone Season
Group 3 allowances held in the general account and, for a CSAPR
NOX Ozone Season Group 3 source's compliance account, the
designated representative of the source.
    Automated data acquisition and handling system or DAHS means the
component of the continuous emission monitoring system, or other
emissions monitoring system approved for use under this subpart,
designed to interpret and convert individual output signals from
pollutant concentration monitors, flow monitors, diluent gas monitors,
and other component parts of the monitoring system to produce a
continuous record of the measured parameters in the measurement units
required by this subpart.
    Base CSAPR NOX Ozone Season Group 3 source means a
source that includes one or more base CSAPR NOX Ozone Season
Group 3 units.
    Base CSAPR NOX Ozone Season Group 3 unit means a CSAPR
NOX Ozone Season Group 3 unit, provided that any unit that
would not be a CSAPR NOX Ozone Season Group 3 unit under
Sec.  97.1004(a) and (b) is not a base CSAPR NOX Ozone
Season Group 3 unit notwithstanding the provisions of any SIP revision
approved by the Administrator under Sec.  52.38(b)(10), (12), or (13)
of this chapter.
    Biomass means--
    (1) Any organic material grown for the purpose of being converted
to energy;
    (2) Any organic byproduct of agriculture that can be converted into
energy; or
    (3) Any material that can be converted into energy and is
nonmerchantable for other purposes, that is segregated from other
material that is nonmerchantable for other purposes, and that is;
    (i) A forest-related organic resource, including mill residues,
precommercial thinnings, slash, brush, or byproduct from conversion of
trees to merchantable material; or
    (ii) A wood material, including pallets, crates, dunnage,
manufacturing and construction materials (other than pressure-treated,
chemically-treated, or painted wood products), and landscape or right-
of-way tree trimmings.
    Boiler means an enclosed fossil- or other-fuel-fired combustion
device used to produce heat and to transfer heat to recirculating
water, steam, or other medium.
    Bottoming-cycle unit means a unit in which the energy input to the
unit is first used to produce useful thermal energy, where at least
some of the reject heat from the useful thermal energy application or
process is then used for electricity production.
    Business day means a day that does not fall on a weekend or a
federal holiday.
    Certifying official means a natural person who is:
    (1) For a corporation, a president, secretary, treasurer, or vice-