including source name, source category and NAICS code (or, in the
absence of a NAICS code, an equivalent code), State, plant code,
county, latitude and longitude, unit identification number and type,
identification number and nameplate capacity (in MWe, rounded to the
nearest tenth) of each generator served by each such unit, actual or
projected date of commencement of commercial operation, and a statement
of whether such source is located in Indian country. If a projected
date of commencement of commercial operation is provided, the actual
date of commencement of commercial operation shall be provided when
such information becomes available.
    (2) The name, address, email address (if any), telephone number,
and facsimile transmission number (if any) of the designated
representative and any alternate designated representative.
    (3) A list of the owners and operators of the CSAPR NOX
Ozone Season Group 3 source and of each CSAPR NOX Ozone
Season Group 3 unit at the source.
    (4) The following certification statements by the designated
representative and any alternate designated representative--
    (i) ``I certify that I was selected as the designated
representative or alternate designated representative, as applicable,
by an agreement binding on the owners and operators of the source and
each CSAPR NOX Ozone Season Group 3 unit at the source.''
    (ii) ``I certify that I have all the necessary authority to carry
out my duties and responsibilities under the CSAPR NOX Ozone
Season Group 3 Trading Program on behalf of the owners and operators of
the source and of each CSAPR NOX Ozone Season Group 3 unit
at the source and that each such owner and operator shall be fully
bound by my representations, actions, inactions, or submissions and by
any decision or order issued to me by the Administrator regarding the
source or unit.''

    (iii) ``Where there are multiple holders of a legal or equitable
title to, or a leasehold interest in, a CSAPR NOX Ozone
Season Group 3 unit, or where a utility or industrial customer
purchases power from a CSAPR NOX Ozone Season Group 3 unit
under a life-of-the-unit, firm power contractual arrangement, I certify
that: I have given a written notice of my selection as the `designated
representative' or `alternate designated representative', as
applicable, and of the agreement by which I was selected to each owner
and operator of the source and of each CSAPR NOX Ozone
Season Group 3 unit at the source; and CSAPR NOX Ozone
Season Group 3 allowances and proceeds of transactions involving CSAPR
NOX Ozone Season Group 3 allowances will be deemed to be
held or distributed in proportion to each holder's legal, equitable,
leasehold, or contractual reservation or entitlement, except that, if
such multiple holders have expressly provided for a different
distribution of CSAPR NOX Ozone Season Group 3 allowances by
contract, CSAPR NOX Ozone Season Group 3 allowances and
proceeds of transactions involving CSAPR NOX Ozone Season
Group 3 allowances will be deemed to be held or distributed in
accordance with the contract.''
    (5) The signature of the designated representative and any
alternate designated representative and the dates signed.
    (b) Unless otherwise required by the Administrator, documents of
agreement referred to in the certificate of representation shall not be
submitted to the Administrator. The Administrator shall not be under
any obligation to review or evaluate the sufficiency of such documents,
if submitted.
    (c) A certificate of representation under this section, Sec.
97.516, or Sec.  97.816 that complies with the provisions of paragraph
(a) of this section except that it contains the phrase ``TR
NOX Ozone Season'', the phrase ``CSAPR NOX Ozone
Season Group 1'', or the phrase ``CSAPR NOX Ozone Season
Group 2'' in place of the phrase ``CSAPR NOX Ozone Season
Group 3'' in the required certification statements will be considered a
complete certificate of representation under this section, and the
certification statements included in such certificate of representation
will be interpreted for purposes of this subpart as if the phrase
``CSAPR NOX Ozone Season Group 3'' appeared in place of the
phrase ``TR NOX Ozone Season'', the phrase ``CSAPR
NOX Ozone Season Group 1'', or the phrase ``CSAPR
NOX Ozone Season Group 2''.

Sec.  97.1017   Objections concerning designated representative and
alternate designated representative.

    (a) Once a complete certificate of representation under Sec.
97.1016 has been submitted and received, the Administrator will rely on
the certificate of representation unless and until a superseding
complete certificate of representation under Sec.  97.1016 is received
by the Administrator.
    (b) Except as provided in paragraph (a) of this section, no
objection or other communication submitted to the Administrator
concerning the authorization, or any representation, action, inaction,
or submission, of a designated representative or alternate designated
representative shall affect any representation, action, inaction, or
submission of the designated representative or alternate designated
representative or the finality of any decision or order by the
Administrator under the CSAPR NOX Ozone Season Group 3
Trading Program.
    (c) The Administrator will not adjudicate any private legal dispute
concerning the authorization or any representation, action, inaction,
or submission of any designated representative or alternate designated
representative, including private legal disputes concerning the
proceeds of CSAPR NOX Ozone Season Group 3 allowance
transfers.

Sec.  97.1018   Delegation by designated representative and alternate
designated representative.

    (a) A designated representative may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this subpart.
    (b) An alternate designated representative may delegate, to one or
more natural persons, his or her authority to make an electronic
submission to the Administrator provided for or required under this
subpart.
    (c) In order to delegate authority to a natural person to make an
electronic submission to the Administrator in accordance with paragraph
(a) or (b) of this section, the designated representative or alternate
designated representative, as appropriate, must submit to the
Administrator a notice of delegation, in a format prescribed by the
Administrator, that includes the following elements:
    (1) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such designated
representative or alternate designated representative;
    (2) The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to in this section as an ``agent'');
    (3) For each such natural person, a list of the type or types of
electronic submissions under paragraph (a) or (b) of this section for
which authority is delegated to him or her; and
    (4) The following certification statements by such designated
representative or alternate designated representative:
    (i) ``I agree that any electronic submission to the Administrator
that is made by an agent identified in this notice of delegation and of
a type listed for such agent in this notice of delegation and that is
made when I am a designated representative or alternate designated
representative, as appropriate, and before this notice of delegation is
superseded by another notice of delegation under 40 CFR 97.1018(d)
shall be deemed to be an electronic submission by me.''
    (ii) ``Until this notice of delegation is superseded by another
notice of delegation under 40 CFR 97.1018(d), I agree to maintain an
email account and to notify the Administrator immediately of any change
in my email address unless all delegation of authority by me under 40
CFR 97.1018 is terminated.''.
    (d) A notice of delegation submitted under paragraph (c) of this
section shall be effective, with regard to the designated
representative or alternate designated representative identified in
such notice, upon receipt of such notice by the Administrator and until
receipt by the Administrator of a superseding notice of delegation
submitted by such designated representative or alternate designated
representative, as appropriate. The superseding notice of delegation
may replace any previously identified agent, add a new agent, or
eliminate entirely any delegation of authority.
    (e) Any electronic submission covered by the certification in
paragraph (c)(4)(i) of this section and made in accordance with a
notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the designated
representative or alternate designated representative submitting such
notice of delegation.
    (f) A notice of delegation submitted under paragraph (c) of this
section, Sec.  97.518(c), or Sec.  97.818(c) that complies with the
provisions of paragraph (c) of this section except that it contains the
terms ``40 CFR 97.518(d)'' and ``40 CFR 97.518'' or the terms ``40 CFR
97.818(d)'' and ``40 CFR 97.818'' in

place of the terms ``40 CFR 97.1018(d)'' and ``40 CFR 97.1018'',
respectively, in the required certification statements will be
considered a valid notice of delegation submitted under paragraph (c)
of this section, and the certification statements included in such
notice of delegation will be interpreted for purposes of this subpart
as if the terms ``40 CFR 97.1018(d)'' and ``40 CFR 97.1018'' appeared
in place of the terms ``40 CFR 97.518(d)'' and ``40 CFR 97.518'' or the
terms ``40 CFR 97.818(d)'' and ``40 CFR 97.818'', respectively.

Sec.  97.1019   [Reserved]

Sec.  97.1020   Establishment of compliance accounts, assurance
accounts, and general accounts.

    (a) Compliance accounts. Upon receipt of a complete certificate of
representation under Sec.  97.1016, the Administrator will establish a
compliance account for the CSAPR NOX Ozone Season Group 3
source for which the certificate of representation was submitted,
unless the source already has a compliance account. The designated
representative and any alternate designated representative of the
source shall be the authorized account representative and the alternate
authorized account representative respectively of the compliance
account.
    (b) Assurance accounts. The Administrator will establish assurance
accounts for certain owners and operators and States in accordance with
Sec.  97.1025(b)(3).
    (c) General accounts--(1) Application for general account. (i) Any
person may apply to open a general account, for the purpose of holding
and transferring CSAPR NOX Ozone Season Group 3 allowances,
by submitting to the Administrator a complete application for a general
account. Such application shall designate one and only one authorized
account representative and may designate one and only one alternate
authorized account representative who may act on behalf of the
authorized account representative.
    (A) The authorized account representative and alternate authorized
account representative shall be selected by an agreement binding on the
persons who have an ownership interest with respect to CSAPR
NOX Ozone Season Group 3 allowances held in the general
account.
    (B) The agreement by which the alternate authorized account
representative is selected shall include a procedure for authorizing
the alternate authorized account representative to act in lieu of the
authorized account representative.
    (ii) A complete application for a general account shall include the
following elements in a format prescribed by the Administrator:
    (A) Name, mailing address, email address (if any), telephone
number, and facsimile transmission number (if any) of the authorized
account representative and any alternate authorized account
representative;
    (B) An identifying name for the general account;
    (C) A list of all persons subject to a binding agreement for the
authorized account representative and any alternate authorized account
representative to represent their ownership interest with respect to
the CSAPR NOX Ozone Season Group 3 allowances held in the
general account;
    (D) The following certification statement by the authorized account
representative and any alternate authorized account representative: ``I
certify that I was selected as the authorized account representative or
the alternate authorized account representative, as applicable, by an
agreement that is binding on all persons who have an ownership interest
with respect to CSAPR NOX Ozone Season Group 3 allowances
held in the general account. I certify that I have all the necessary
authority to carry out my duties and responsibilities under the CSAPR
NOX Ozone Season Group 3 Trading Program on behalf of such
persons and that each such person shall be fully bound by my
representations, actions, inactions, or submissions and by any decision
or order issued to me by the Administrator regarding the general
account.''
    (E) The signature of the authorized account representative and any
alternate authorized account representative and the dates signed.
    (iii) Unless otherwise required by the Administrator, documents of
agreement referred to in the application for a general account shall
not be submitted to the Administrator. The Administrator shall not be
under any obligation to review or evaluate the sufficiency of such
documents, if submitted.
    (iv) An application for a general account under paragraph (c)(1) of
this section, Sec.  97.520(c)(1), or Sec.  97.820(c)(1) that complies
with the provisions of paragraph (c)(1) of this section except that it
contains the phrase ``TR NOX Ozone Season'', ``CSAPR
NOX Ozone Season Group 1'', or ``CSAPR NOX Ozone
Season Group 2'' in place of the phrase ``CSAPR NOX Ozone
Season Group 3'' in the required certification statement will be
considered a complete application for a general account under paragraph
(c)(1) of this section, and the certification statement included in
such application for a general account will be interpreted for purposes
of this subpart as if the phrase ``CSAPR NOX Ozone Season
Group 3'' appeared in place of the phrase ``TR NOX Ozone
Season'', ``CSAPR NOX Ozone Season Group 1'', or ``CSAPR
NOX Ozone Season Group 2''.
    (2) Authorization of authorized account representative and
alternate authorized account representative. (i) Upon receipt by the
Administrator of a complete application for a general account under
paragraph (c)(1) of this section, the Administrator will establish a
general account for the person or persons for whom the application is
submitted, and upon and after such receipt by the Administrator:
    (A) The authorized account representative of the general account
shall be authorized and shall represent and, by his or her
representations, actions, inactions, or submissions, legally bind each
person who has an ownership interest with respect to CSAPR
NOX Ozone Season Group 3 allowances held in the general
account in all matters pertaining to the CSAPR NOX Ozone
Season Group 3 Trading Program, notwithstanding any agreement between
the authorized account representative and such person.
    (B) Any alternate authorized account representative shall be
authorized, and any representation, action, inaction, or submission by
any alternate authorized account representative shall be deemed to be a
representation, action, inaction, or submission by the authorized
account representative.
    (C) Each person who has an ownership interest with respect to CSAPR
NOX Ozone Season Group 3 allowances held in the general
account shall be bound by any decision or order issued to the
authorized account representative or alternate authorized account
representative by the Administrator regarding the general account.
    (ii) Except as provided in paragraph (c)(5) of this section
concerning delegation of authority to make submissions, each submission
concerning the general account shall be made, signed, and certified by
the authorized account representative or any alternate authorized
account representative for the persons having an ownership interest
with respect to CSAPR NOX Ozone Season Group 3 allowances
held in the general account. Each such submission shall include the
following certification statement by the authorized account
representative or any alternate authorized account representative: ``I
am authorized to

make this submission on behalf of the persons having an ownership
interest with respect to the CSAPR NOX Ozone Season Group 3
allowances held in the general account. I certify under penalty of law
that I have personally examined, and am familiar with, the statements
and information submitted in this document and all its attachments.
Based on my inquiry of those individuals with primary responsibility
for obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for
submitting false statements and information or omitting required
statements and information, including the possibility of fine or
imprisonment.''
    (iii) Except in this section, whenever the term ``authorized
account representative'' is used in this subpart, the term shall be
construed to include the authorized account representative or any
alternate authorized account representative.
    (iv) A certification statement submitted in accordance with
paragraph (c)(2)(ii) of this section that contains the phrase ``TR
NOX Ozone Season'' will be interpreted for purposes of this
subpart as if the phrase ``CSAPR NOX Ozone Season Group 2''
appeared in place of the phrase ``TR NOX Ozone Season''.
    (3) Changing authorized account representative and alternate
authorized account representative; changes in persons with ownership
interest. (i) The authorized account representative of a general
account may be changed at any time upon receipt by the Administrator of
a superseding complete application for a general account under
paragraph (c)(1) of this section. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
authorized account representative before the time and date when the
Administrator receives the superseding application for a general
account shall be binding on the new authorized account representative
and the persons with an ownership interest with respect to the CSAPR
NOX Ozone Season Group 3 allowances in the general account.
    (ii) The alternate authorized account representative of a general
account may be changed at any time upon receipt by the Administrator of
a superseding complete application for a general account under
paragraph (c)(1) of this section. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
alternate authorized account representative before the time and date
when the Administrator receives the superseding application for a
general account shall be binding on the new alternate authorized
account representative, the authorized account representative, and the
persons with an ownership interest with respect to the CSAPR
NOX Ozone Season Group 3 allowances in the general account.
    (iii)(A) In the event a person having an ownership interest with
respect to CSAPR NOX Ozone Season Group 3 allowances in the
general account is not included in the list of such persons in the
application for a general account, such person shall be deemed to be
subject to and bound by the application for a general account, the
representation, actions, inactions, and submissions of the authorized
account representative and any alternate authorized account
representative of the account, and the decisions and orders of the
Administrator, as if the person were included in such list.
    (B) Within 30 days after any change in the persons having an
ownership interest with respect to CSAPR NOX Ozone Season
Group 3 allowances in the general account, including the addition or
removal of a person, the authorized account representative or any
alternate authorized account representative shall submit a revision to
the application for a general account amending the list of persons
having an ownership interest with respect to the CSAPR NOX
Ozone Season Group 3 allowances in the general account to include the
change.
    (4) Objections concerning authorized account representative and
alternate authorized account representative. (i) Once a complete
application for a general account under paragraph (c)(1) of this
section has been submitted and received, the Administrator will rely on
the application unless and until a superseding complete application for
a general account under paragraph (c)(1) of this section is received by
the Administrator.
    (ii) Except as provided in paragraph (c)(4)(i) of this section, no
objection or other communication submitted to the Administrator
concerning the authorization, or any representation, action, inaction,
or submission of the authorized account representative or any alternate
authorized account representative of a general account shall affect any
representation, action, inaction, or submission of the authorized
account representative or any alternate authorized account
representative or the finality of any decision or order by the
Administrator under the CSAPR NOX Ozone Season Group 3
Trading Program.
    (iii) The Administrator will not adjudicate any private legal
dispute concerning the authorization or any representation, action,
inaction, or submission of the authorized account representative or any
alternate authorized account representative of a general account,
including private legal disputes concerning the proceeds of CSAPR
NOX Ozone Season Group 3 allowance transfers.
    (5) Delegation by authorized account representative and alternate
authorized account representative. (i) An authorized account
representative of a general account may delegate, to one or more
natural persons, his or her authority to make an electronic submission
to the Administrator provided for or required under this subpart.
    (ii) An alternate authorized account representative of a general
account may delegate, to one or more natural persons, his or her
authority to make an electronic submission to the Administrator
provided for or required under this subpart.
    (iii) In order to delegate authority to a natural person to make an
electronic submission to the Administrator in accordance with paragraph
(c)(5)(i) or (ii) of this section, the authorized account
representative or alternate authorized account representative, as
appropriate, must submit to the Administrator a notice of delegation,
in a format prescribed by the Administrator, that includes the
following elements:
    (A) The name, address, email address, telephone number, and
facsimile transmission number (if any) of such authorized account
representative or alternate authorized account representative;
    (B) The name, address, email address, telephone number, and
facsimile transmission number (if any) of each such natural person
(referred to in this section as an ``agent'');
    (C) For each such natural person, a list of the type or types of
electronic submissions under paragraph (c)(5)(i) or (ii) of this
section for which authority is delegated to him or her;
    (D) The following certification statement by such authorized
account representative or alternate authorized account representative:
``I agree that any electronic submission to the Administrator that is
made by an agent identified in this notice of delegation and of a type
listed for such agent in this notice of delegation and that is made
when I am an authorized account representative or alternate authorized
account representative, as appropriate, and before this notice of
delegation is

superseded by another notice of delegation under 40 CFR
97.1020(c)(5)(iv) shall be deemed to be an electronic submission by
me.''; and
    (E) The following certification statement by such authorized
account representative or alternate authorized account representative:
``Until this notice of delegation is superseded by another notice of
delegation under 40 CFR 97.1020(c)(5)(iv), I agree to maintain an email
account and to notify the Administrator immediately of any change in my
email address unless all delegation of authority by me under 40 CFR
97.1020(c)(5) is terminated.''.
    (iv) A notice of delegation submitted under paragraph (c)(5)(iii)
of this section shall be effective, with regard to the authorized
account representative or alternate authorized account representative
identified in such notice, upon receipt of such notice by the
Administrator and until receipt by the Administrator of a superseding
notice of delegation submitted by such authorized account
representative or alternate authorized account representative, as
appropriate. The superseding notice of delegation may replace any
previously identified agent, add a new agent, or eliminate entirely any
delegation of authority.
    (v) Any electronic submission covered by the certification in
paragraph (c)(5)(iii)(D) of this section and made in accordance with a
notice of delegation effective under paragraph (c)(5)(iv) of this
section shall be deemed to be an electronic submission by the
authorized account representative or alternate authorized account
representative submitting such notice of delegation.
    (vi) A notice of delegation submitted under paragraph (c)(5)(iii)
of this section, Sec.  97.520(c)(5)(iii), or Sec.  97.820(c)(5)(iii)
that complies with the provisions of paragraph (c)(5)(iii) of this
section except that it contains the terms ``40 CFR 97.520(c)(5)(iv)''
and ``40 CFR 97.520(c)(5)'' or the terms ``40 CFR 97.820(c)(5)(iv)''
and ``40 CFR 97.820(c)(5)'' in place of the terms ``40 CFR
97.1020(c)(5)(iv)'' and ``40 CFR 97.1020(c)(5)'', respectively, in the
required certification statements will be considered a valid notice of
delegation submitted under paragraph (c)(5)(iii) of this section, and
the certification statements included in such notice of delegation will
be interpreted for purposes of this subpart as if the terms ``40 CFR
97.1020(c)(5)(iv)'' and ``40 CFR 97.1020(c)(5)'' appeared in place of
the terms ``40 CFR 97.520(c)(5)(iv)'' and ``40 CFR 97.520(c)(5)'' or
the terms ``40 CFR 97.820(c)(5)(iv)'' and ``40 CFR 97.820(c)(5)'',
respectively.
    (6) Closing a general account. (i) The authorized account
representative or alternate authorized account representative of a
general account may submit to the Administrator a request to close the
account. Such request shall include a correctly submitted CSAPR
NOX Ozone Season Group 3 allowance transfer under Sec.
97.1022 for any CSAPR NOX Ozone Season Group 3 allowances in
the account to one or more other Allowance Management System accounts.
    (ii) If a general account has no CSAPR NOX Ozone Season
Group 3 allowance transfers to or from the account for a 12-month
period or longer and does not contain any CSAPR NOX Ozone
Season Group 3 allowances, the Administrator may notify the authorized
account representative for the account that the account will be closed
after 30 days after the notice is sent. The account will be closed
after the 30-day period unless, before the end of the 30-day period,
the Administrator receives a correctly submitted CSAPR NOX
Ozone Season Group 3 allowance transfer under Sec.  97.1022 to the
account or a statement submitted by the authorized account
representative or alternate authorized account representative
demonstrating to the satisfaction of the Administrator good cause as to
why the account should not be closed.
    (d) Account identification. The Administrator will assign a unique
identifying number to each account established under paragraph (a),
(b), or (c) of this section.
    (e) Responsibilities of authorized account representative and
alternate authorized account representative. After the establishment of
a compliance account or general account, the Administrator will accept
or act on a submission pertaining to the account, including, but not
limited to, submissions concerning the deduction or transfer of CSAPR
NOX Ozone Season Group 3 allowances in the account, only if
the submission has been made, signed, and certified in accordance with
Sec. Sec.  97.1014(a) and 97.1018 or paragraphs (c)(2)(ii) and (c)(5)
of this section.

Sec.  97.1021   Recordation of CSAPR NOX Ozone Season Group 3 allowance
allocations and auction results.

    (a) By [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE Federal Register], the Administrator will record in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source in
accordance with Sec.  97.1011(a) for the control period in 2021.
    (b) By [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE
IN THE Federal Register], the Administrator will record in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source in
accordance with Sec.  97.1011(a) for the control period in 2022, unless
the State in which the source is located notifies the Administrator in
writing by [DATE 90 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN
THE Federal Register] of the State's intent to submit to the
Administrator a complete SIP revision by [DATE 180 DAYS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register] meeting the
requirements of Sec.  52.38(b)(11)(i) through (iv) of this chapter.
    (1) If, by [DATE 180 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] the State does not submit to the
Administrator such complete SIP revision, the Administrator will record
by [DATE 210 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE
Federal Register] in each CSAPR NOX Ozone Season Group 3
source's compliance account the CSAPR NOX Ozone Season Group
3 allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source in accordance with Sec.  97.1011(a) for the control
period in 2022.
    (2) If the State submits to the Administrator by [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register]
and the Administrator approves by [DATE ONE YEAR AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register] such complete
SIP revision, the Administrator will record by [DATE ONE YEAR AFTER
DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register] in each
CSAPR NOX Ozone Season Group 3 source's compliance account
the CSAPR NOX Ozone Season Group 3 allowances allocated to
the CSAPR NOX Ozone Season Group 3 units at the source as
provided in such approved, complete SIP revision for the control period
in 2022.
    (3) If the State submits to the Administrator by [DATE 180 DAYS
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register]
and the Administrator does not approve by [DATE ONE YEAR AFTER DATE OF
PUBLICATION OF

THE FINAL RULE IN THE Federal Register] such complete SIP revision, the
Administrator will record by [DATE ONE YEAR AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE Federal Register] in each CSAPR NOX
Ozone Season Group 3 source's compliance account the CSAPR
NOX Ozone Season Group 3 allowances allocated to the CSAPR
NOX Ozone Season Group 3 units at the source in accordance
with Sec.  97.1011(a) for the control period in 2022.
    (c) By July 1, 2022, the Administrator will record in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source, or in
each appropriate Allowance Management System account the CSAPR
NOX Ozone Season Group 3 allowances auctioned to CSAPR
NOX Ozone Season Group 3 units, in accordance with Sec.
97.1011(a), or with a SIP revision approved under Sec.  52.38(b)(10),
(12), or (13) of this chapter, for the control periods in 2023 and
2024.
    (d) By July 1, 2023, the Administrator will record in each CSAPR
NOX Ozone Season Group 3 source's compliance account the
CSAPR NOX Ozone Season Group 3 allowances allocated to the
CSAPR NOX Ozone Season Group 3 units at the source, or in
each appropriate Allowance Management System account the CSAPR
NOX Ozone Season Group 3 allowances auctioned to CSAPR
NOX Ozone Season Group 3 units, in accordance with Sec.
97.1011(a), or with a SIP revision approved under Sec.  52.38(b)(10),
(12), or (13) of this chapter, for the control periods in 2025 and
2026.
    (e) [Reserved]
    (f) By July 1, 2024 and July 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 3
allowances auctioned to CSAPR NOX Ozone Season Group 3
units, in accordance with Sec.  97.1011(a), or with a SIP revision
approved under Sec.  52.38(b)(10), (12), or (13) of this chapter, for
the control period in the third year after the year of the applicable
recordation deadline under this paragraph.
    (g)(1) By [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] and August 1, 2022, the Administrator
will record in each CSAPR NOX Ozone Season Group 3 source's
compliance account the CSAPR NOX Ozone Season Group 3
allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source, or in each appropriate Allowance Management System
account the CSAPR NOX Ozone Season Group 3 allowances
auctioned to CSAPR NOX Ozone Season Group 3 units, in
accordance with Sec.  97.1012(a)(2) through (8) and (12), or with a SIP
revision approved under Sec.  52.38(b)(10), (12), or (13) of this
chapter, for the control period in the year of the applicable
recordation deadline under this paragraph.
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source, or in each appropriate Allowance
Management System account the CSAPR NOX Ozone Season Group 3
allowances auctioned to CSAPR NOX Ozone Season Group 3
units, in accordance with Sec.  97.1012(a)(2) through (12), or with a
SIP revision approved under Sec.  52.38(b)(10), (12), or (13) of this
chapter, for the control period in the year before the year of the
applicable recordation deadline under this paragraph.
    (h)(1) By [DATE 120 DAYS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register] and August 1, 2022, the Administrator
will record in each CSAPR NOX Ozone Season Group 3 source's
compliance account the CSAPR NOX Ozone Season Group 3
allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source in accordance with Sec.  97.1012(b)(2) through (8)
and (12) for the control period in the year of the applicable
recordation deadline under this paragraph.
    (2) By May 1, 2024 and May 1 of each year thereafter, the
Administrator will record in each CSAPR NOX Ozone Season
Group 3 source's compliance account the CSAPR NOX Ozone
Season Group 3 allowances allocated to the CSAPR NOX Ozone
Season Group 3 units at the source in accordance with Sec.
97.1012(b)(2) through (12) for the control period in the year before
the year of the applicable recordation deadline under this paragraph.
    (i) By February 15, 2022 and February 15, 2023, the Administrator
will record in each CSAPR NOX Ozone Season Group 3 source's
compliance account the CSAPR NOX Ozone Season Group 3
allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source in accordance with Sec.  97.1012(a)(9) through (12)
for the control period in the year before the year of the applicable
recordation deadline under this paragraph.
    (j) By February 15, 2022 and February 15, 2023, the Administrator
will record in each CSAPR NOX Ozone Season Group 3 source's
compliance account the CSAPR NOX Ozone Season Group 3
allowances allocated to the CSAPR NOX Ozone Season Group 3
units at the source in accordance with Sec.  97.1012(b)(9) through (12)
for the control period in the year before the year of the applicable
recordation deadline under this paragraph.
    (k) By the date 15 days after the date on which any allocation or
auction results, other than an allocation or auction results described
in paragraphs (a) through (j) of this section, of CSAPR NOX
Ozone Season Group 3 allowances to a recipient is made by or are
submitted to the Administrator in accordance with Sec.  97.1011 or
Sec.  97.1012 or with a SIP revision approved under Sec.  52.38(b)(10),
(12), or (13) of this chapter, the Administrator will record such
allocation or auction results in the appropriate Allowance Management
System account.
    (l) When recording the allocation or auction of CSAPR
NOX Ozone Season Group 3 allowances to a CSAPR
NOX Ozone Season Group 3 unit or other entity in an
Allowance Management System account, the Administrator will assign each
CSAPR NOX Ozone Season Group 3 allowance a unique
identification number that will include digits identifying the year of
the control period for which the CSAPR NOX Ozone Season
Group 3 allowance is allocated or auctioned.
    (m) Notwithstanding any other provision of this subpart, the
Administrator will not record in any CSAPR NOX Ozone Season
Group 3 source's compliance account any CSAPR NOX Ozone
Season Group 3 allowances allocated to any unit at the source, and will
not record in any other entity's general account any CSAPR
NOX Ozone Season Group 3 allowances allocated to the entity,
until the Administrator has completed for the source or entity the
deductions of CSAPR NOX Ozone Season Group 2 allowances
required under Sec.  97.811(d).

Sec.  97.1022   Submission of CSAPR NOX Ozone Season Group 3 allowance
transfers.

    (a) An authorized account representative seeking recordation of a
CSAPR NOX Ozone Season Group 3 allowance transfer shall
submit the transfer to the Administrator.

    (b) A CSAPR NOX Ozone Season Group 3 allowance transfer
shall be correctly submitted if:
    (1) The transfer includes the following elements, in a format
prescribed by the Administrator:
    (i) The account numbers established by the Administrator for both
the transferor and transferee accounts;
    (ii) The serial number of each CSAPR NOX Ozone Season
Group 3 allowance that is in the transferor account and is to be
transferred; and
    (iii) The name and signature of the authorized account
representative of the transferor account and the date signed; and
    (2) When the Administrator attempts to record the transfer, the
transferor account includes each CSAPR NOX Ozone Season
Group 3 allowance identified by serial number in the transfer.

Sec.  97.1023   Recordation of CSAPR NOX Ozone Season Group
3 allowance transfers.

    (a) Within 5 business days (except as provided in paragraph (b) of
this section) of receiving a CSAPR NOX Ozone Season Group 3
allowance transfer that is correctly submitted under Sec.  97.1022, the
Administrator will record a CSAPR NOX Ozone Season Group 3
allowance transfer by moving each CSAPR NOX Ozone Season
Group 3 allowance from the transferor account to the transferee account
as specified in the transfer.
    (b) A CSAPR NOX Ozone Season Group 3 allowance transfer
to or from a compliance account that is submitted for recordation after
the allowance transfer deadline for a control period and that includes
any CSAPR NOX Ozone Season Group 3 allowances allocated or
auctioned for any control period before such allowance transfer
deadline will not be recorded until after the Administrator completes
the deductions from such compliance account under Sec.  97.1024 for the
control period immediately before such allowance transfer deadline.
    (c) Where a CSAPR NOX Ozone Season Group 3 allowance
transfer is not correctly submitted under Sec.  97.1022, the
Administrator will not record such transfer.
    (d) Within 5 business days of recordation of a CSAPR NOX
Ozone Season Group 3 allowance transfer under paragraphs (a) and (b) of
the section, the Administrator will notify the authorized account
representatives of both the transferor and transferee accounts.
    (e) Within 10 business days of receipt of a CSAPR NOX
Ozone Season Group 3 allowance transfer that is not correctly submitted
under Sec.  97.1022, the Administrator will notify the authorized
account representatives of both accounts subject to the transfer of:
    (1) A decision not to record the transfer, and
    (2) The reasons for such non-recordation.

Sec.  97.1024   Compliance with CSAPR NOX Ozone Season Group
3 emissions limitation.

    (a) Availability for deduction for compliance. CSAPR NOX
Ozone Season Group 3 allowances are available to be deducted for
compliance with a source's CSAPR NOX Ozone Season Group 3
emissions limitation for a control period in a given year only if the
CSAPR NOX Ozone Season Group 3 allowances:
    (1) Were allocated or auctioned for such control period or a
control period in a prior year; and
    (2) Are held in the source's compliance account as of the allowance
transfer deadline for such control period.
    (b) Deductions for compliance. After the recordation, in accordance
with Sec.  97.1023, of CSAPR NOX Ozone Season Group 3
allowance transfers submitted by the allowance transfer deadline for a
control period in a given year, the Administrator will deduct from each
source's compliance account CSAPR NOX Ozone Season Group 3
allowances available under paragraph (a) of this section in order to
determine whether the source meets the CSAPR NOX Ozone
Season Group 3 emissions limitation for such control period, as
follows:
    (1) Until the amount of CSAPR NOX Ozone Season Group 3
allowances deducted equals the number of tons of total NOX
emissions from all CSAPR NOX Ozone Season Group 3 units at
the source for such control period; or
    (2) If there are insufficient CSAPR NOX Ozone Season
Group 3 allowances to complete the deductions in paragraph (b)(1) of
this section, until no more CSAPR NOX Ozone Season Group 3
allowances available under paragraph (a) of this section remain in the
compliance account.
    (c) Selection of CSAPR NOX Ozone Season Group 3
allowances for deduction--(1) Identification by serial number. The
designated representative for a source may request that specific CSAPR
NOX Ozone Season Group 3 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 3 source and the appropriate serial
numbers.
    (2) First-in, first-out. The Administrator will deduct CSAPR
NOX Ozone Season Group 3 allowances under paragraph (b) or
(d) of this section from the source's compliance account in accordance
with a complete request under paragraph (c)(1) of this section or, in
the absence of such request or in the case of identification of an
insufficient amount of CSAPR NOX Ozone Season Group 3
allowances in such request, on a first-in, first-out accounting basis
in the following order:
    (i) Any CSAPR NOX Ozone Season Group 3 allowances that
were recorded in the compliance account pursuant to Sec.  97.1021 and
not transferred out of the compliance account, in the order of
recordation; and then
    (ii) Any other CSAPR NOX Ozone Season Group 3 allowances
that were transferred to and recorded in the compliance account
pursuant to this subpart or that were recorded in the compliance
account pursuant to Sec.  97.526(c) or 97.826(c), in the order of
recordation.
    (d) Deductions for excess emissions. After making the deductions
for compliance under paragraph (b) of this section for a control period
in a year in which the CSAPR NOX Ozone Season Group 3 source
has excess emissions, the Administrator will deduct from the source's
compliance account an amount of CSAPR NOX Ozone Season Group
3 allowances, allocated or auctioned for a control period in a prior
year or the control period in the year of the excess emissions or in
the immediately following year, equal to two times the number of tons
of the source's excess emissions.
    (e) Recordation of deductions. The Administrator will record in the
appropriate compliance account all deductions from such an account
under paragraphs (b) and (d) of this section.

Sec.  97.1025   Compliance with CSAPR NOX Ozone Season Group
3 assurance provisions.

    (a) Availability for deduction. CSAPR NOX Ozone Season
Group 3 allowances are available to be deducted for compliance with the
CSAPR NOX Ozone Season Group 3 assurance provisions for a
control period in a given year by the owners and operators of a group
of one or more base CSAPR NOX Ozone Season Group 3 sources
and units in a State (and Indian country within the borders

of such State) only if the CSAPR NOX Ozone Season Group 3
allowances:
    (1) Were allocated or auctioned for a control period in a prior
year or the control period in the given year or in the immediately
following year; and
    (2) Are held in the assurance account, established by the
Administrator for such owners and operators of such group of base CSAPR
NOX Ozone Season Group 3 sources and units in such State
(and Indian country within the borders of such State) under paragraph
(b)(3) of this section, as of the deadline established in paragraph
(b)(4) of this section.
    (b) Deductions for compliance. The Administrator will deduct CSAPR
NOX Ozone Season Group 3 allowances available under
paragraph (a) of this section for compliance with the CSAPR
NOX Ozone Season Group 3 assurance provisions for a State
for a control period in a given year in accordance with the following
procedures:
    (1) By June 1, 2022 and June 1, 2023 and by August 1 of each year
thereafter, the Administrator will:
    (i) Calculate, for each State (and Indian country within the
borders of such State), the total NOX emissions from all
base CSAPR NOX Ozone Season Group 3 units at base CSAPR
NOX Ozone Season Group 3 sources in the State (and Indian
country within the borders of such State) during the control period in
the year before the year of this calculation deadline and the amount,
if any, by which such total NOX emissions exceed the State
assurance level as described in Sec.  97.1006(c)(2)(iii); and
    (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 3 units at CSAPR NOX Ozone
Season Group 3 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 3 source.
    (2) For each notice of data availability required in paragraph
(b)(1)(ii) of this section and for any State (and Indian country within
the borders of such State) identified in such notice as having base
CSAPR NOX Ozone Season Group 3 units with total
NOX emissions exceeding the State assurance level for a
control period in a given year, as described in Sec.
97.1006(c)(2)(iii):
    (i) For a control period before 2023 only, by July 1 immediately
after the promulgation of such notice, the designated representative of
each base CSAPR NOX Ozone Season Group 3 source in each such
State (and Indian country within the borders of such State) shall
submit a statement, in a format prescribed by the Administrator,
providing for each base CSAPR NOX Ozone Season Group 3 unit
(if any) at the source that operates during, but is not allocated an
amount of CSAPR NOX Ozone Season Group 3 allowances for,
such control period, the unit's allowable NOX emission rate
for such control period and, if such rate is expressed in lb per mmBtu,
the unit's heat rate.
    (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 3 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 3 units at base CSAPR
NOX Ozone Season Group 3 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 3 allowances that the owners and
operators of such group of sources and units must hold in accordance
with the calculation formula in Sec.  97.1006(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.  97.1006(c)(2)(iii), Sec. Sec.  97.1006(b) and 97.1030 through
97.1035, the definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share'' in Sec.  97.1002, and the
calculation formula in Sec.  97.1006(c)(2)(i).
    (B) The Administrator will adjust the calculations to the extent
necessary to ensure that they are in accordance with the provisions
referenced in paragraph (b)(2)(iii)(A) of this section. By October 1
immediately after the promulgation of such notice or notices, the
Administrator will promulgate a notice of data availability of the
calculations incorporating any adjustments that the Administrator
determines to be necessary and the reasons for accepting or rejecting
any objections submitted in accordance with paragraph (b)(2)(iii)(A) of
this section.
    (3) For any State (and Indian country within the borders of such
State) referenced in each notice of data availability required in
paragraph (b)(2)(iii)(B) of this section as having base CSAPR
NOX Ozone Season Group 3 units with total NOX
emissions exceeding the State assurance level for a control period in a
given year, the Administrator will establish one assurance account for
each set of owners and operators referenced, in the notice of data
availability required under paragraph (b)(2)(iii)(B) of this section,
as all of the owners and operators of a group of base CSAPR
NOX Ozone Season Group 3 sources and units in the State (and
Indian country within the borders of such State) having a common
designated representative for such control period and as being required
to hold CSAPR NOX Ozone Season Group 3 allowances.
    (4)(i) As of midnight of November 1 immediately after the
promulgation of each notice of data availability required in paragraph
(b)(2)(iii)(B) of this section, the owners and operators described in
paragraph (b)(3) of this section shall hold in the assurance account
established for them and for the appropriate base CSAPR NOX
Ozone Season Group 3 sources, base CSAPR NOX Ozone Season
Group 3 units, and State (and Indian country within the borders of such
State) under paragraph (b)(3) of this section a total amount of CSAPR
NOX Ozone Season Group 3 allowances, available for deduction
under paragraph (a) of this section, equal to the amount such owners
and operators are required to hold with regard to such sources, units
and State (and Indian country within the borders of such State) as
calculated by the Administrator and referenced in such notice.
    (ii) Notwithstanding the allowance-holding deadline specified in
paragraph

(b)(4)(i) of this section, if November 1 is not a business day, then
such allowance-holding deadline shall be midnight of the first business
day thereafter.
    (5) After November 1 (or the date described in paragraph (b)(4)(ii)
of this section) immediately after the promulgation of each notice of
data availability required in paragraph (b)(2)(iii)(B) of this section
and after the recordation, in accordance with Sec.  97.1023, of CSAPR
NOX Ozone Season Group 3 allowance transfers submitted by
midnight of such date, the Administrator will determine whether the
owners and operators described in paragraph (b)(3) of this section
hold, in the assurance account for the appropriate base CSAPR
NOX Ozone Season Group 3 sources, base CSAPR NOX
Ozone Season Group 3 units, and State (and Indian country within the
borders of such State) established under paragraph (b)(3) of this
section, the amount of CSAPR NOX Ozone Season Group 3
allowances available under paragraph (a) of this section that the
owners and operators are required to hold with regard to such sources,
units, and State (and Indian country within the borders of such State)
as calculated by the Administrator and referenced in the notice
required in paragraph (b)(2)(iii)(B) of this section.
    (6) Notwithstanding any other provision of this subpart and any
revision, made by or submitted to the Administrator after the
promulgation of the notice of data availability required in paragraph
(b)(2)(iii)(B) of this section for a control period in a given year, of
any data used in making the calculations referenced in such notice, the
amounts of CSAPR NOX Ozone Season Group 3 allowances that
the owners and operators are required to hold in accordance with Sec.
97.1006(c)(2)(i) for such control period shall continue to be such
amounts as calculated by the Administrator and referenced in such
notice required in paragraph (b)(2)(iii)(B) of this section, except as
follows:
    (i) If any such data are revised by the Administrator as a result
of a decision in or settlement of litigation concerning such data on
appeal under part 78 of this chapter of such notice, or on appeal under
section 307 of the Clean Air Act of a decision rendered under part 78
of this chapter on appeal of such notice, then the Administrator will
use the data as so revised to recalculate the amounts of CSAPR
NOX Ozone Season Group 3 allowances that owners and
operators are required to hold in accordance with the calculation
formula in Sec.  97.1006(c)(2)(i) for such control period with regard
to the base CSAPR NOX Ozone Season Group 3 sources, base
CSAPR NOX Ozone Season Group 3 units, and State (and Indian
country within the borders of such State) involved, provided that such
litigation under part 78 of this chapter, or the proceeding under part
78 of this chapter that resulted in the decision appealed in such
litigation under section 307 of the Clean Air Act, was initiated no
later than 30 days after promulgation of such notice required in
paragraph (b)(2)(iii)(B) of this section.
    (ii) For a control period before 2023 only, if any such data are
revised by the owners and operators of a base CSAPR NOX
Ozone Season Group 3 source and base CSAPR NOX Ozone Season
Group 3 unit whose designated representative submitted such data under
paragraph (b)(2)(i) of this section, as a result of a decision in or
settlement of litigation concerning such submission, then the
Administrator will use the data as so revised to recalculate the
amounts of CSAPR NOX Ozone Season Group 3 allowances that
owners and operators are required to hold in accordance with the
calculation formula in Sec.  97.1006(c)(2)(i) for such control period
with regard to the base CSAPR NOX Ozone Season Group 3
sources, base CSAPR NOX Ozone Season Group 3 units, and
State (and Indian country within the borders of such State) involved,
provided that such litigation was initiated no later than 30 days after
promulgation of such notice required in paragraph (b)(2)(iii)(B) of
this section.
    (iii) If the revised data are used to recalculate, in accordance
with paragraphs (b)(6)(i) and (ii) of this section, the amount of CSAPR
NOX Ozone Season Group 3 allowances that the owners and
operators are required to hold for such control period with regard to
the base CSAPR NOX Ozone Season Group 3 sources, base CSAPR
NOX Ozone Season Group 3 units, and State (and Indian
country within the borders of such State) involved--
    (A) Where the amount of CSAPR NOX Ozone Season Group 3
allowances that the owners and operators are required to hold increases
as a result of the use of all such revised data, the Administrator will
establish a new, reasonable deadline on which the owners and operators
shall hold the additional amount of CSAPR NOX Ozone Season
Group 3 allowances in the assurance account established by the
Administrator for the appropriate base CSAPR NOX Ozone
Season Group 3 sources, base CSAPR NOX Ozone Season Group 3
units, and State (and Indian country within the borders of such State)
under paragraph (b)(3) of this section. The owners' and operators'
failure to hold such additional amount, as required, before the new
deadline shall not be a violation of the Clean Air Act. The owners' and
operators' failure to hold such additional amount, as required, as of
the new deadline shall be a violation of the Clean Air Act. Each CSAPR
NOX Ozone Season Group 3 allowance that the owners and
operators fail to hold as required as of the new deadline, and each day
in such control period, shall be a separate violation of the Clean Air
Act.
    (B) For the owners and operators for which the amount of CSAPR
NOX Ozone Season Group 3 allowances required to be held
decreases as a result of the use of all such revised data, the
Administrator will record, in all accounts from which CSAPR
NOX Ozone Season Group 3 allowances were transferred by such
owners and operators for such control period to the assurance account
established by the Administrator for the appropriate base CSAPR
NOX Ozone Season Group 3 sources, base CSAPR NOX
Ozone Season Group 3 units, and State (and Indian country within the
borders of such State) under paragraph (b)(3) of this section, a total
amount of the CSAPR NOX Ozone Season Group 3 allowances held
in such assurance account equal to the amount of the decrease. If CSAPR
NOX Ozone Season Group 3 allowances were transferred to such
assurance account from more than one account, the amount of CSAPR
NOX Ozone Season Group 3 allowances recorded in each such
transferor account will be in proportion to the percentage of the total
amount of CSAPR NOX Ozone Season Group 3 allowances
transferred to such assurance account for such control period from such
transferor account.
    (C) Each CSAPR NOX Ozone Season Group 3 allowance held
under paragraph (b)(6)(iii)(A) of this section as a result of
recalculation of requirements under the CSAPR NOX Ozone
Season Group 3 assurance provisions for such control period must be a
CSAPR NOX Ozone Season Group 3 allowance allocated for a
control period in a year before or the year immediately following, or
in the same year as, the year of such control period.

Sec.  97.1026   Banking.

    (a) A CSAPR NOX Ozone Season Group 3 allowance may be
banked for future use or transfer in a compliance account or a general
account in accordance with paragraph (b) of this section.
    (b) Any CSAPR NOX Ozone Season Group 3 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 3
allowance is deducted or transferred under Sec.  97.1011(c), Sec.
97.1023, Sec.  97.1024, Sec.  97.1025, Sec.  97.1027, or Sec.  97.1028.

Sec.  97.1027   Account error.

    The Administrator may, at his or her sole discretion and on his or
her own motion, correct any error in any Allowance Management System
account. Within 10 business days of making such correction, the
Administrator will notify the authorized account representative for the
account.

Sec.  97.1028   Administrator's action on submissions.

    (a) The Administrator may review and conduct independent audits
concerning any submission under the CSAPR NOX Ozone Season
Group 3 Trading Program and make appropriate adjustments of the
information in the submission.
    (b) The Administrator may deduct CSAPR NOX Ozone Season
Group 3 allowances from or transfer CSAPR NOX Ozone Season
Group 3 allowances to a compliance account or an assurance account,
based on the information in a submission, as adjusted under paragraph
(a) of this section, and record such deductions and transfers.

Sec.  97.1029   [Reserved]

Sec.  97.1030   General monitoring, recordkeeping, and reporting
requirements.

    The owners and operators, and to the extent applicable, the
designated representative, of a CSAPR NOX Ozone Season Group
3 unit, shall comply with the monitoring, recordkeeping, and reporting
requirements as provided in this subpart and subpart H of part 75 of
this chapter. For purposes of applying such requirements, the
definitions in Sec.  97.1002 and in Sec.  72.2 of this chapter shall
apply, the terms ``affected unit,'' ``designated representative,'' and
``continuous emission monitoring system'' (or ``CEMS'') in part 75 of
this chapter shall be deemed to refer to the terms ``CSAPR
NOX Ozone Season Group 3 unit,'' ``designated
representative,'' and ``continuous emission monitoring system'' (or
``CEMS'') respectively as defined in Sec.  97.1002, and the term
``newly affected unit'' shall be deemed to mean ``newly affected CSAPR
NOX Ozone Season Group 3 unit''. The owner or operator of a
unit that is not a CSAPR NOX Ozone Season Group 3 unit but
that is monitored under Sec.  75.72(b)(2)(ii) of this chapter shall
comply with the same monitoring, recordkeeping, and reporting
requirements as a CSAPR NOX Ozone Season Group 3 unit.
    (a) Requirements for installation, certification, and data
accounting. The owner or operator of each CSAPR NOX Ozone
Season Group 3 unit shall:
    (1) Install all monitoring systems required under this subpart for
monitoring NOX mass emissions and individual unit heat input
(including all systems required to monitor NOX emission
rate, NOX concentration, stack gas moisture content, stack
gas flow rate, CO2 or O2 concentration, and fuel
flow rate, as applicable, in accordance with Sec. Sec.  75.71 and 75.72
of this chapter);
    (2) Successfully complete all certification tests required under
Sec.  97.1031 and meet all other requirements of this subpart and part
75 of this chapter applicable to the monitoring systems under paragraph
(a)(1) of this section; and
    (3) Record, report, and quality-assure the data from the monitoring
systems under paragraph (a)(1) of this section.
    (b) Compliance deadlines. Except as provided in paragraph (e) of
this section, the owner or operator of a CSAPR NOX Ozone
Season Group 3 unit shall meet the monitoring system certification and
other requirements of paragraphs (a)(1) and (2) of this section on or
before the latest of the following dates and shall record, report, and
quality-assure the data from the monitoring systems under paragraph
(a)(1) of this section on and after the latest of the following dates:
    (1) May 1, 2021;
    (2) 180 calendar days after the date on which the unit commences
commercial operation; or
    (3) Where data for the unit are reported on a control period basis
under Sec.  97.1034(d)(1)(ii)(B), and where the compliance date under
paragraph (b)(2) of this section is not in a month from May through
September, May 1 immediately after the compliance date under paragraph
(b)(2) of this section.
    (4) The owner or operator of a CSAPR NOX Ozone Season
Group 3 unit for which construction of a new stack or flue or
installation of add-on NOX emission controls is completed
after the applicable deadline under paragraph (b)(1), (2), or (3) of
this section shall meet the requirements of Sec.  75.4(e)(1) through
(4) of this chapter, except that:
    (i) Such requirements shall apply to the monitoring systems
required under Sec.  97.1030 through Sec.  97.1035, rather than the
monitoring systems required under part 75 of this chapter;
    (ii) NOX emission rate, NOX concentration,
stack gas moisture content, stack gas volumetric flow rate, and
O2 or CO2 concentration data shall be determined
and reported, rather than the data listed in Sec.  75.4(e)(2) of this
chapter; and
    (iii) Any petition for another procedure under Sec.  75.4(e)(2) of
this chapter shall be submitted under Sec.  97.1035, rather than Sec.
75.66 of this chapter.
    (c) Reporting data. The owner or operator of a CSAPR NOX
Ozone Season Group 3 unit that does not meet the applicable compliance
date set forth in paragraph (b) of this section for any monitoring
system under paragraph (a)(1) of this section shall, for each such
monitoring system, determine, record, and report maximum potential (or,
as appropriate, minimum potential) values for NOX
concentration, NOX emission rate, stack gas flow rate, stack
gas moisture content, fuel flow rate, and any other parameters required
to determine NOX mass emissions and heat input in accordance
with Sec.  75.31(b)(2) or (c)(3) of this chapter, section 2.4 of
appendix D to part 75 of this chapter, or section 2.5 of appendix E to
part 75 of this chapter, as applicable.
    (d) Prohibitions. (1) No owner or operator of a CSAPR
NOX Ozone Season Group 3 unit shall use any alternative
monitoring system, alternative reference method, or any other
alternative to any requirement of this subpart without having obtained
prior written approval in accordance with Sec.  97.1035.
    (2) No owner or operator of a CSAPR NOX Ozone Season
Group 3 unit shall operate the unit so as to discharge, or allow to be
discharged, NOX to the atmosphere without accounting for all
such NOX in accordance with the applicable provisions of
this subpart and part 75 of this chapter.
    (3) No owner or operator of a CSAPR NOX Ozone Season
Group 3 unit shall disrupt the continuous emission monitoring system,
any portion thereof, or any other approved emission monitoring method,
and thereby avoid monitoring and recording NOX mass
discharged into the atmosphere or heat input, except for periods of
recertification or periods when calibration, quality assurance testing,
or maintenance is performed in accordance with the applicable
provisions of this subpart and part 75 of this chapter.
    (4) No owner or operator of a CSAPR NOX Ozone Season
Group 3 unit shall retire or permanently discontinue use of the
continuous emission monitoring system, any component thereof, or any
other approved monitoring system under this subpart, except under any
one of the following circumstances:
    (i) During the period that the unit is covered by an exemption
under Sec.  97.1005 that is in effect;

    (ii) The owner or operator is monitoring emissions from the unit
with another certified monitoring system approved, in accordance with
the applicable provisions of this subpart and part 75 of this chapter,
by the Administrator for use at that unit that provides emission data
for the same pollutant or parameter as the retired or discontinued
monitoring system; or
    (iii) The designated representative submits notification of the
date of certification testing of a replacement monitoring system for
the retired or discontinued monitoring system in accordance with Sec.
97.1031(d)(3)(i).
    (e) Long-term cold storage. The owner or operator of a CSAPR
NOX Ozone Season Group 3 unit is subject to the applicable
provisions of Sec.  75.4(d) of this chapter concerning units in long-
term cold storage.

Sec.  97.1031   Initial monitoring system certification and
recertification procedures.

    (a) The owner or operator of a CSAPR NOX Ozone Season
Group 3 unit shall be exempt from the initial certification
requirements of this section for a monitoring system under Sec.
97.1030(a)(1) if the following conditions are met:
    (1) The monitoring system has been previously certified in
accordance with part 75 of this chapter; and
    (2) The applicable quality-assurance and quality-control
requirements of Sec.  75.21 of this chapter and appendices B, D, and E
to part 75 of this chapter are fully met for the certified monitoring
system described in paragraph (a)(1) of this section.
    (b) The recertification provisions of this section shall apply to a
monitoring system under Sec.  97.1030(a)(1) that is exempt from initial
certification requirements under paragraph (a) of this section.
    (c) If the Administrator has previously approved a petition under
Sec.  75.17(a) or (b) of this chapter for apportioning the
NOX emission rate measured in a common stack or a petition
under Sec.  75.66 of this chapter for an alternative to a requirement
in Sec.  75.12 or Sec.  75.17 of this chapter, the designated
representative shall resubmit the petition to the Administrator under
Sec.  97.1035 to determine whether the approval applies under the CSAPR
NOX Ozone Season Group 3 Trading Program.
    (d) Except as provided in paragraph (a) of this section, the owner
or operator of a CSAPR NOX Ozone Season Group 3 unit shall
comply with the following initial certification and recertification
procedures for a continuous monitoring system (i.e., a continuous
emission monitoring system and an excepted monitoring system under
appendices D and E to part 75 of this chapter) under Sec.
97.1030(a)(1). The owner or operator of a unit that qualifies to use
the low mass emissions excepted monitoring methodology under Sec.
75.19 of this chapter or that qualifies to use an alternative
monitoring system under subpart E of part 75 of this chapter shall
comply with the procedures in paragraph (e) or (f) of this section
respectively.
    (1) Requirements for initial certification. The owner or operator
shall ensure that each continuous monitoring system under Sec.
97.1030(a)(1) (including the automated data acquisition and handling
system) successfully completes all of the initial certification testing
required under Sec.  75.20 of this chapter by the applicable deadline
in Sec.  97.1030(b). In addition, whenever the owner or operator
installs a monitoring system to meet the requirements of this subpart
in a location where no such monitoring system was previously installed,
initial certification in accordance with Sec.  75.20 of this chapter is
required.
    (2) Requirements for recertification. Whenever the owner or
operator makes a replacement, modification, or change in any certified
continuous emission monitoring system under Sec.  97.1030(a)(1) that
may significantly affect the ability of the system to accurately
measure or record NOX mass emissions or heat input rate or
to meet the quality-assurance and quality-control requirements of Sec.
75.21 of this chapter or appendix B to part 75 of this chapter, the
owner or operator shall recertify the monitoring system in accordance
with Sec.  75.20(b) of this chapter. Furthermore, whenever the owner or
operator makes a replacement, modification, or change to the flue gas
handling system or the unit's operation that may significantly change
the stack flow or concentration profile, the owner or operator shall
recertify each continuous emission monitoring system whose accuracy is
potentially affected by the change, in accordance with Sec.  75.20(b)
of this chapter. Examples of changes to a continuous emission
monitoring system that require recertification include replacement of
the analyzer, complete replacement of an existing continuous emission
monitoring system, or change in location or orientation of the sampling
probe or site. Any fuel flowmeter system, and any excepted
NOX monitoring system under appendix E to part 75 of this
chapter, under Sec.  97.1030(a)(1) are subject to the recertification
requirements in Sec.  75.20(g)(6) of this chapter.
    (3) Approval process for initial certification and recertification.
For initial certification of a continuous monitoring system under Sec.
97.1030(a)(1), paragraphs (d)(3)(i) through (v) of this section apply.
For recertifications of such monitoring systems, paragraphs (d)(3)(i)
through (iv) of this section and the procedures in Sec.  75.20(b)(5)
and (g)(7) of this chapter (in lieu of the procedures in paragraph
(d)(3)(v) of this section) apply, provided that in applying paragraphs
(d)(3)(i) through (iv) of this section, the words ``certification'' and
``initial certification'' are replaced by the word ``recertification''
and the word ``certified'' is replaced by the word ``recertified''.
    (i) Notification of certification. The designated representative
shall submit to the appropriate EPA Regional Office and the
Administrator written notice of the dates of certification testing, in
accordance with Sec.  97.1033.
    (ii) Certification application. The designated representative shall
submit to the Administrator a certification application for each
monitoring system. A complete certification application shall include
the information specified in Sec.  75.63 of this chapter.
    (iii) Provisional certification date. The provisional certification
date for a monitoring system shall be determined in accordance with
Sec.  75.20(a)(3) of this chapter. A provisionally certified monitoring
system may be used under the CSAPR NOX Ozone Season Group 3
Trading Program for a period not to exceed 120 days after receipt by
the Administrator of the complete certification application for the
monitoring system under paragraph (d)(3)(ii) of this section. Data
measured and recorded by the provisionally certified monitoring system,
in accordance with the requirements of part 75 of this chapter, will be
considered valid quality-assured data (retroactive to the date and time
of provisional certification), provided that the Administrator does not
invalidate the provisional certification by issuing a notice of
disapproval within 120 days of the date of receipt of the complete
certification application by the Administrator.
    (iv) Certification application approval process. The Administrator
will issue a written notice of approval or disapproval of the
certification application to the owner or operator within 120 days of
receipt of the complete certification application under paragraph
(d)(3)(ii) of this section. In the event the Administrator does not
issue such a notice within such 120-day period, each monitoring system
that

meets the applicable performance requirements of part 75 of this
chapter and is included in the certification application will be deemed
certified for use under the CSAPR NOX Ozone Season Group 3
Trading Program.
    (A) Approval notice. If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of part 75 of this chapter, then the Administrator will
issue a written notice of approval of the certification application
within 120 days of receipt.
    (B) Incomplete application notice. If the certification application
is not complete, then the Administrator will issue a written notice of
incompleteness that sets a reasonable date by which the designated
representative must submit the additional information required to
complete the certification application. If the designated
representative does not comply with the notice of incompleteness by the
specified date, then the Administrator may issue a notice of
disapproval under paragraph (d)(3)(iv)(C) of this section.
    (C) Disapproval notice. If the certification application shows that
any monitoring system does not meet the performance requirements of
part 75 of this chapter or if the certification application is
incomplete and the requirement for disapproval under paragraph
(d)(3)(iv)(B) of this section is met, then the Administrator will issue
a written notice of disapproval of the certification application. Upon
issuance of such notice of disapproval, the provisional certification
is invalidated by the Administrator and the data measured and recorded
by each uncertified monitoring system shall not be considered valid
quality-assured data beginning with the date and hour of provisional
certification (as defined under Sec.  75.20(a)(3) of this chapter).
    (D) Audit decertification. The Administrator may issue a notice of
disapproval of the certification status of a monitor in accordance with
Sec.  97.1032(b).
    (v) Procedures for loss of certification. If the Administrator
issues a notice of disapproval of a certification application under
paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of
certification status under paragraph (d)(3)(iv)(D) of this section,
then:
    (A) The owner or operator shall substitute the following values,
for each disapproved monitoring system, for each hour of unit operation
during the period of invalid data specified under Sec.
75.20(a)(4)(iii), Sec.  75.20(g)(7), or Sec.  75.21(e) of this chapter
and continuing until the applicable date and hour specified under Sec.
75.20(a)(5)(i) or (g)(7) of this chapter:
    (1) For a disapproved NOX emission rate (i.e.,
NOX-diluent) system, the maximum potential NOX
emission rate, as defined in Sec.  72.2 of this chapter.
    (2) For a disapproved NOX pollutant concentration
monitor and disapproved flow monitor, respectively, the maximum
potential concentration of NOX and the maximum potential
flow rate, as defined in sections <IP_ADDRESS> and <IP_ADDRESS> of appendix A to
part 75 of this chapter.
    (3) For a disapproved moisture monitoring system and disapproved
diluent gas monitoring system, respectively, the minimum potential
moisture percentage and either the maximum potential CO2
concentration or the minimum potential O2 concentration (as
applicable), as defined in sections 2.1.5, <IP_ADDRESS>, and <IP_ADDRESS> of
appendix A to part 75 of this chapter.
    (4) For a disapproved fuel flowmeter system, the maximum potential
fuel flow rate, as defined in section <IP_ADDRESS> of appendix D to part 75
of this chapter.
    (5) For a disapproved excepted NOX monitoring system
under appendix E to part 75 of this chapter, the fuel-specific maximum
potential NOX emission rate, as defined in Sec.  72.2 of
this chapter.
    (B) The designated representative shall submit a notification of
certification retest dates and a new certification application in
accordance with paragraphs (d)(3)(i) and (ii) of this section.
    (C) The owner or operator shall repeat all certification tests or
other requirements that were failed by the monitoring system, as
indicated in the Administrator's notice of disapproval, no later than
30 unit operating days after the date of issuance of the notice of
disapproval.
    (e) The owner or operator of a unit qualified to use the low mass
emissions (LME) excepted methodology under Sec.  75.19 of this chapter
shall meet the applicable certification and recertification
requirements in Sec. Sec.  75.19(a)(2) and 75.20(h) of this chapter. If
the owner or operator of such a unit elects to certify a fuel flowmeter
system for heat input determination, the owner or operator shall also
meet the certification and recertification requirements in Sec.
75.20(g) of this chapter.
    (f) The designated representative of each unit for which the owner
or operator intends to use an alternative monitoring system approved by
the Administrator under subpart E of part 75 of this chapter shall
comply with the applicable notification and application procedures of
Sec.  75.20(f) of this chapter.

Sec.  97.1032   Monitoring system out-of-control periods.

    (a) General provisions. Whenever any monitoring system fails to
meet the quality-assurance and quality-control requirements or data
validation requirements of part 75 of this chapter, data shall be
substituted using the applicable missing data procedures in subpart D
or subpart H of, or appendix D or appendix E to, part 75 of this
chapter.
    (b) Audit decertification. Whenever both an audit of a monitoring
system and a review of the initial certification or recertification
application reveal that any monitoring system should not have been
certified or recertified because it did not meet a particular
performance specification or other requirement under Sec.  97.1031 or
the applicable provisions of part 75 of this chapter, both at the time
of the initial certification or recertification application submission
and at the time of the audit, the Administrator will issue a notice of
disapproval of the certification status of such monitoring system. For
the purposes of this paragraph, an audit shall be either a field audit
or an audit of any information submitted to the Administrator or any
State or permitting authority. By issuing the notice of disapproval,
the Administrator revokes prospectively the certification status of the
monitoring system. The data measured and recorded by the monitoring
system shall not be considered valid quality-assured data from the date
of issuance of the notification of the revoked certification status
until the date and time that the owner or operator completes
subsequently approved initial certification or recertification tests
for the monitoring system. The owner or operator shall follow the
applicable initial certification or recertification procedures in Sec.
97.1031 for each disapproved monitoring system.

Sec.  97.1033   Notifications concerning monitoring.

    The designated representative of a CSAPR NOX Ozone
Season Group 3 unit shall submit written notice to the Administrator in
accordance with Sec.  75.61 of this chapter.

Sec.  97.1034   Recordkeeping and reporting.

    (a) General provisions. The designated representative shall comply
with all recordkeeping and reporting requirements in paragraphs (b)
through (e) of this section, the applicable recordkeeping and reporting

requirements under Sec.  75.73 of this chapter, and the requirements of
Sec.  97.1014(a).
    (b) Monitoring plans. The owner or operator of a CSAPR
NOX Ozone Season Group 3 unit shall comply with the
requirements of Sec.  75.73(c) and (e) of this chapter.
    (c) Certification applications. The designated representative shall
submit an application to the Administrator within 45 days after
completing all initial certification or recertification tests required
under Sec.  97.1031, including the information required under Sec.
75.63 of this chapter.
    (d) Quarterly reports. The designated representative shall submit
quarterly reports, as follows:
    (1)(i) If a CSAPR NOX Ozone Season Group 3 unit is
subject to the Acid Rain Program or the CSAPR NOX Annual
Trading Program or if the owner or operator of such unit chooses to
report on an annual basis under this subpart, then the designated
representative shall meet the requirements of subpart H of part 75 of
this chapter (concerning monitoring of NOX mass emissions)
for such unit for the entire year and report the NOX mass
emissions data and heat input data for such unit for the entire year.
    (ii) If a CSAPR NOX Ozone Season Group 3 unit is not
subject to the Acid Rain Program or the CSAPR NOX Annual
Trading Program, then the designated representative shall either:
    (A) Meet the requirements of subpart H of part 75 of this chapter
for such unit for the entire year and report the NOX mass
emissions data and heat input data for such unit for the entire year in
accordance with paragraph (d)(1)(i) of this section; or
    (B) Meet the requirements of subpart H of part 75 of this chapter
(including the requirements in Sec.  75.74(c) of this chapter) for such
unit for the control period and report the NOX mass
emissions data and heat input data (including the data described in
Sec.  75.74(c)(6) of this chapter) for such unit only for the control
period of each year.
    (2) The designated representative shall report the NOX
mass emissions data and heat input data for a CSAPR NOX
Ozone Season Group 3 unit, in an electronic quarterly report in a
format prescribed by the Administrator, for each calendar quarter
indicated under paragraph (d)(1) of this section beginning by the
latest of:
    (i) The calendar quarter covering May 1, 2021, through June 30,
2021;
    (ii) The calendar quarter corresponding to the earlier of the date
of provisional certification or the applicable deadline for initial
certification under Sec.  97.1030(b); or
    (iii) For a unit that reports on a control period basis under
paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under
paragraph (d)(2)(ii) of this section does not include a month from May
through September, the calendar quarter covering May 1 through June 30
immediately after the calendar quarter under paragraph (d)(2)(ii) of
this section.
    (3) The designated representative shall submit each quarterly
report to the Administrator within 30 days after the end of the
calendar quarter covered by the report. Quarterly reports shall be
submitted in the manner specified in Sec.  75.73(f) of this chapter.
    (4) For CSAPR NOX Ozone Season Group 3 units that are
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, quarterly reports shall include
the applicable data and information required by subparts F through H of
part 75 of this chapter as applicable, in addition to the
NOX mass emission data, heat input data, and other
information required by this subpart.
    (5) The Administrator may review and conduct independent audits of
any quarterly report in order to determine whether the quarterly report
meets the requirements of this subpart and part 75 of this chapter,
including the requirement to use substitute data.
    (i) The Administrator will notify the designated representative of
any determination that the quarterly report fails to meet any such
requirements and specify in such notification any corrections that the
Administrator believes are necessary to make through resubmission of
the quarterly report and a reasonable time period within which the
designated representative must respond. Upon request by the designated
representative, the Administrator may specify reasonable extensions of
such time period. Within the time period (including any such
extensions) specified by the Administrator, the designated
representative shall resubmit the quarterly report with the corrections
specified by the Administrator, except to the extent the designated
representative provides information demonstrating that a specified
correction is not necessary because the quarterly report already meets
the requirements of this subpart and part 75 of this chapter that are
relevant to the specified correction.
    (ii) Any resubmission of a quarterly report shall meet the
requirements applicable to the submission of a quarterly report under
this subpart and part 75 of this chapter, except for the deadline set
forth in paragraph (d)(3) of this section.
    (e) Compliance certification. The designated representative shall
submit to the Administrator a compliance certification (in a format
prescribed by the Administrator) in support of each quarterly report
based on reasonable inquiry of those persons with primary
responsibility for ensuring that all of the unit's emissions are
correctly and fully monitored. The certification shall state that:
    (1) The monitoring data submitted were recorded in accordance with
the applicable requirements of this subpart and part 75 of this
chapter, including the quality assurance procedures and specifications;
    (2) For a unit with add-on NOX emission controls and for
all hours where NOX data are substituted in accordance with
Sec.  75.34(a)(1) of this chapter, the add-on emission controls were
operating within the range of parameters listed in the quality
assurance/quality control program under appendix B to part 75 of this
chapter and the substitute data values do not systematically
underestimate NOX emissions; and
    (3) For a unit that is reporting on a control period basis under
paragraph (d)(1)(ii)(B) of this section, the NOX emission
rate and NOX concentration values substituted for missing
data under subpart D of part 75 of this chapter are calculated using
only values from a control period and do not systematically
underestimate NOX emissions.

Sec.  97.1035   Petitions for alternatives to monitoring,
recordkeeping, or reporting requirements.

    (a) The designated representative of a CSAPR NOX Ozone
Season Group 3 unit may submit a petition under Sec.  75.66 of this
chapter to the Administrator, requesting approval to apply an
alternative to any requirement of Sec. Sec.  97.1030 through 97.1034.
    (b) A petition submitted under paragraph (a) of this section shall
include sufficient information for the evaluation of the petition,
including, at a minimum, the following information:
    (1) Identification of each unit and source covered by the petition;
    (2) A detailed explanation of why the proposed alternative is being
suggested in lieu of the requirement;
    (3) A description and diagram of any equipment and procedures used
in the proposed alternative;

    (4) A demonstration that the proposed alternative is consistent
with the purposes of the requirement for which the alternative is
proposed and with the purposes of this subpart and part 75 of this
chapter and that any adverse effect of approving the alternative will
be de minimis; and
    (5) Any other relevant information that the Administrator may
require.
    (c) Use of an alternative to any requirement referenced in
paragraph (a) of this section is in accordance with this subpart only
to the extent that the petition is approved in writing by the
Administrator and that such use is in accordance with such approval.

[FR Doc. 2020-23237 Filed 10-29-20; 8:45 am]
 BILLING CODE 6560-50-P