Jersey are also expected to see this level of improvement. Improvements
of 2-6 [mu]g/m\3\ are projected in surrounding states stretching from
New England and New York to Minnesota, Iowa, the far eastern edge of
Nebraska, Missouri, eastern Kansas, Oklahoma, Texas, the Gulf of Mexico
states, and the states bordering the Atlantic Ocean from Florida to New
Hampshire.
    EPA modeling indicates that air quality as measured by the annual
PM2.5 design value will also improve. Improvements range
from 2 to over 4 [mu]g/m\3\ compared to the 2003-2007 average levels
throughout the eastern half of the U.S. Annual PM2.5 air
quality with the Transport Rule is also projected to improve compared
to the 2014 base case levels. The largest improvements of up to 4
[mu]g/m\3\ are projected to occur in northern West Virginia and a small
area in northwestern Tennessee. Improvements of up to 3 [mu]g/m\3\ are
projected for portions of the Ohio River valley areas of southwestern
Pennsylvania, Ohio, West Virginia, Kentucky, central Tennessee, and
southern Indiana. Improvements of up to 2 [mu]g/m\3\ are projected to
take place in a ring of surrounding states including all or most of New
York, Michigan, Indiana,

Illinois, Missouri, Arkansas, the far eastern edge of Oklahoma, the
northeastern edge of Texas, Louisiana, Mississippi, Alabama, Georgia,
South Carolina, North Carolina, Virginia, Maryland, Delaware,
Pennsylvania, and New Jersey. Smaller improvements are projected in New
England, Wisconsin, the Plains states, southeastern New Mexico, and
Florida.
    EPA modeling indicates that ozone air quality will improve greatly
(10-12 ppb or more) across much of the eastern U.S. between the average
levels seen in 2003-2007 and implementation of the Transport Rule. Most
of the improvements take place in the base case; that is, they are the
result of federal and state programs other than the Transport Rule.
However, ozone air quality is projected to improve somewhat as a direct
result of the Transport Rule. Improvements in ozone design values
compared to the base case of more than 1 ppb are projected for portions
of Florida, eastern Oklahoma, and areas along the upper reaches of the
Ohio River. In addition, improvements in ozone design values of up to 1
ppb are projected over a wide area across the eastern U.S. from New
England to Texas and north to Minnesota. Improvements are also
projected in north-central Colorado.
    EPA's modeling does indicate small increases in annual
PM2.5 air quality design values in the final rule compared
to the 2014 base case in two counties outside of the Transport Rule
states: one county in northern Colorado and one county in eastern
Montana. As noted above in the section on emissions, these increases
are likely the result of forecasted changes in electricity generation
due to the interconnected nature of both the utility grid and the
national low-sulfur coal market. It should be noted that 2003-2007
average air quality levels in these counties are well below the level
of the NAAQS. In addition, other actions, including federal rules such
as the recently proposed Mercury and Air Toxics Standards, state, or
local actions may also improve air quality in these areas over the next
few years.
    As described in section VIII.B, EPA anticipates that this final
rule will reduce, but not eliminate, the number of nonattainment and
maintenance areas for the 1997 ozone and PM2.5 and 2006
PM2.5 NAAQS. As noted above, ozone and PM2.5
concentrations are the result of both local emissions and long-range
transport of pollution. Even when the significant contributions of
upwind states are fully eliminated, additional emission reductions
within the nonattainment area and/or the downwind state will be needed
for some areas to attain and maintain the NAAQS.
c. Estimated Health Benefits
    This rule reduces concentrations of PM2.5 and ozone
pollution. Exposure to these pollutants can cause, or contribute to,
adverse health effects that affect many minority, low-income, and
tribal individuals and communities. PM2.5 and ozone are
particularly (but not exclusively) harmful to children, the elderly,
and people with existing heart and lung diseases, including asthma.
Exposure to these pollutants can cause premature death and trigger
heart attacks, asthma attacks in those with asthma, chronic and acute
bronchitis, emergency room visits and hospitalizations, as well as
milder illnesses that keep children home from school and adults home
from work. High rates of heart disease (e.g., high blood pressure)
\123\ and asthma \124\ exist in many environmental justice communities,
making these populations more susceptible to air pollution health
impacts. In addition, many individuals in these communities lack access
to high quality health care to treat these illnesses.\125\
---------------------------------------------------------------------------

    \123\ Neighborhood of Residence and Incidence of Coronary Heart
Disease Ana V. Diez Roux, M.D., PhD et al. N Engl J Med 2001;
345:99-106; July 12, 2001.
    \124\ Centers for Disease Control and Prevention. 2007 National
Health 11. Interview Survey Data. Table 4-1. Current Asthma
Prevalence Percents by Age, United States: National Health Interview
Survey, 2007. Atlanta, GA: U.S. Department of Health and Human
Services, CDC, 2010. Accessed June 1, 2010.
    \125\ R. Nelson, Eds. National Institute of Medicine, 2003.
---------------------------------------------------------------------------

    We estimate that in 2014 the PM-related annual benefits of the
final rule include approximately 13,000 to 34,000 fewer premature
mortalities, 8,700 fewer cases of chronic bronchitis, 15,000 fewer non-
fatal heart attacks, 8,500 fewer hospitalizations (for respiratory and
cardiovascular disease combined), 10 million fewer days of restricted
activity due to respiratory illness, and approximately 1.7 million
fewer lost work days. We also estimate substantial health improvements
for children in the form of fewer cases of upper and lower respiratory
illness, acute bronchitis, and asthma attacks.
    Ozone health-related benefits are expected to occur during the
summer ozone season (usually ranging from May to September in the
eastern U.S.). Based upon modeling for 2014, annual ozone related
health benefits are expected to include (in addition to the PM-related
benefits above) between 27-120 fewer premature mortalities, 240 fewer
hospital admissions for respiratory illnesses in children and older
adults, 86 fewer emergency room admissions for asthma, 160,000 fewer
days with restricted activity levels, and 51,000 fewer ``school
absence'' days when children are absent from school due to illnesses.
When adding the PM and ozone-related mortalities together, we find that
the final rule will yield between 13,000 and 34,000 fewer premature
mortalities.
    It should be noted that, as discussed in the RIA, there are other
benefits to the emission reductions discussed here, including many
other health benefits beyond reducing the risk of premature mortality.
Additional benefits of reducing emissions of SO2 include
improved visibility, reduced acidification of lakes and streams, and
reduced mercury methylation in contaminated waters; additional benefits
of NOX reductions include improved visibility, reduced
acidification of lakes and streams, and reduced coastal eutrophication.
d. Distribution of Health Benefits Among Different Populations
    EPA also estimated the PM2.5 mortality risks according
to race, income, and educational attainment before and after
implementation of this Transport Rule. We used premature mortality for
this analysis for several reasons: It is the most serious health effect
of exposure to PM2.5, and EPA has access to nationwide
incidence and demographic data at an appropriate scale to conduct this
type of analysis. EPA included educational attainment in this
assessment because research on the effects of PM2.5 has
found that educational attainment is inversely related to the risk of
all-cause mortality. That is, populations with lower levels of
education (in particular, less than grade 12) experience higher rates
of PM2.5 mortality. Krewski and colleagues \126\ note in
their analysis of this relationship that the level of education
attainment is likely to be a surrogate for the effects of complex
socioeconomic processes (including factors such as race and income) on
mortality.
---------------------------------------------------------------------------

    \126\ Krewski D, Jerrett M, Burnett RT, Ma R, Hughes E, Shi Y,
Turner C, Pope CA, Thurston G, Calle EE, Thunt MJ. Extended follow-
up and spatial analysis of the American Cancer Society study linking
particulate air pollution and mortality. HEI Research Report, 140,
2009; Health Effects Institute, Boston, MA.
---------------------------------------------------------------------------

    In the first step of the analysis, we estimated baseline (2005)
PM2.5 mortality risk by race (White, Black, Asian, Native
American) among people living in the counties with the highest (top 5
percent) PM2.5 mortality risk. We

also estimated baseline PM2.5 mortality risk by race among
people living in the counties with both the highest (top 5 percent)
poverty rate and the highest (top 5 percent) PM2.5 mortality
risk in 2005. And, we estimated the baseline (2005) PM2.5
mortality risk by educational attainment for people living in the
highest PM2.5 mortality risk counties. In the second step,
we estimated the changes in risk for different races among the people
living in these ``high-risk'' and ``high risk and high-poverty''
counties resulting from implementation of other existing rules in 2014
and from implementation of just the Transport Rule in 2014. Finally, in
the third step, we compared the effects of the Transport Rule by race
in the high-risk and high risk/high-poverty counties with the effects
on people (by race) living in all other counties.
    In 2005, people living in the highest-risk counties and in the high
risk/high poverty counties had substantially greater risks of
PM2.5-related death than people living in the other 95
percent of counties. This was true regardless of race: The difference
among races in both groups of counties was very small and dwarfed by
the large difference between the two groups of counties for all races.
For educational attainment, in contrast, our analysis found that people
with less than high school education had significantly greater risks
from PM2.5 mortality than people with a greater than high
school education. This was especially true for people living in the
highest-risk counties, but also held true for people living in all
other counties. In summary, in 2005, having less than a high school or
high school education, living in one of the poorest counties, and
living in a high air pollution risk county are associated with higher
PM2.5 mortality risk; race is not.
    Our analysis of the effects of the Transport Rule on this
underlying exposure pattern finds that the rule will significantly
reduce the PM2.5 mortality among all populations of
different races living throughout the U.S. compared to both 2005 and
2014 pre-rule (i.e., base case) levels. No group will experience any
increases in PM2.5 related deaths as a result of
implementing the Transport Rule.
    The analysis indicates that the populations with the largest
improvement (i.e., largest decline) in PM2.5 mortality risk
as a result of the Transport Rule in 2014 (compared to the base case in
2014) are people living in the highest-risk counties. Among these
counties, the largest improvements are for people with less than high
school or high school education. These reductions in risk within the
highest-risk counties, as well as the reductions in risk within the
other 95 percent of counties, are distributed among populations of
different races fairly evenly. Therefore, there is no indication that
people of particular race receive a greater benefit (or smaller
benefit) than others.
    The analysis indicates that people living in the high risk/high
poverty counties will experience larger improvements in risk from the
Transport Rule compared to their counterparts in the other counties.
This result suggests that the Transport Rule is providing the greatest
risk reduction improvements among counties containing the poorest, and
highest risk, populations. There is also little difference in the
improvement in risk among races; in other words, people in the high
risk/high poverty counties experience the same improvement in risk
regardless of race.
    The analysis also indicates that this rule, in conjunction with the
implementation of existing or proposed rules (e.g., the proposed
Mercury and Air Toxics Standards), will reduce the disparity in risk
between the highest-risk counties and the other 95 percent of counties
for all races and educational levels. In addition, implementation of
this Transport Rule and other rules will, together, reduce risks in the
poorest and highest risk counties to the approximate level of risk for
the rest of the counties before implementation. This analysis is
presented in more detail in the RIA for this rule which is available in
the rule docket No. EPA-HQ-OAR-2009-0491 and from the main EPA webpage
for the rule at http://www.epa.gov/airtransport.
3. Meaningful Public Participation
    EPA defines ``Environmental Justice'' to include meaningful
involvement of all people regardless of race, color, national origin,
or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies. To
promote meaningful involvement, EPA developed a communication and
outreach strategy to ensure that interested communities had access to
the proposed Transport Rule, were aware of its content, and had an
opportunity to comment during the comment period. These efforts are
summarized below.
    As EPA began considering approaches to address the court remand of
the 2005 Clean Air Interstate Rule, long before the rule was proposed,
the agency also began gathering input from a large range of
stakeholders. In the spring of 2009, EPA held a series of listening
sessions to gather information and perspectives from stakeholders prior
to the formal start of the rulemaking process. These stakeholders
included a number of environmental groups who requested that EPA
consider several potential environmental justice issues during
development of this rule. In addition, many environmental justice
organizations were represented at a November 2009 EPA-Health and Human
Services White House Stakeholder Briefing titled, ``The Public Health
Benefits of Energy Reform'' in which EPA discussed our intention to
propose this rule in the spring of 2010 and participants had the
opportunity to respond. Finally, EPA notified Indian Tribes of our
intent to propose this rule in the fall of 2009 during a regularly
scheduled meeting to update the National Tribal Air Association members
of upcoming EPA policies and regulations and to receive input from them
on the effects of these efforts in Indian country. These were not
opportunities for stakeholders to comment on the specifics of the
proposal, as they took place prior to its development, but they
provided valuable information that EPA used in developing the proposal.
    Just after the rule was proposed in July 2010, EPA presented a
summary of information related to the proposed Transport Rule at the
National Environmental Justice Advisory Council (NEJAC) meeting in
Washington, DC, and responded to questions from NEJAC members regarding
the proposed rule. EPA also solicited suggestions for how to engage
environmental justice communities during the rule comment period.
    During the public comment period, EPA held public hearings in
Chicago, Philadelphia, and Atlanta. Each hearing was advertised by EPA
through a variety of products targeted to general audiences (e.g., fact
sheets, press release, slide presentation, etc.); on EPA's
environmental justice listserve; and by non-profit organizations (e.g.,
American Lung Association). The public hearings were held in public
buildings (i.e., no formal identification required to enter or to
speak) and were open for 11 hours (9 a.m.-8 p.m.) to accommodate
commenters with various work schedules. All three hearings were well-
attended by members of the general public. During hearing breaks, EPA
staff spent time talking with individuals, including those representing
environmental justice organizations or communities, to understand their
perspectives in greater detail. As noted above, several commenters at
each hearing made comments related to the need to protect communities
living near power plants and the most vulnerable

individuals. Some of these commenters specifically mentioned
environmental justice; others mentioned issues often of concern to
environmental justice communities, such as hot spots, interest in
additional emission reductions and greater environmental protection,
and concern over the effects of the rule on the most sensitive and
vulnerable populations.
    In September 2010, during the comment period, EPA held a webinar
for EJ communities on the proposed Transport Rule. A presentation
tailored for an audience of environmental justice, community, and
tribal representatives was specifically designed for this webinar. It
was sent to registered participants beforehand and put on the Transport
Rule webpage, where it remains posted. The presentation included both
information on the context of the rule, plain language information
describing the rule itself, and directions on how to comment on the
rule.
    EPA staff made a short presentation and answered questions about
the Transport Rule on a standing bi-monthly community conference call
targeted to environmental justice and tribal representatives and
organizations. In addition, at the fall 2010 NEJAC meeting in Kansas
City, Missouri, EPA provided details of the proposed Transport Rule as
part of a larger discussion of a sector-based approach to utility
regulation.
    Regarding tribal consultation, EPA sent letters to all 565
federally-recognized Tribes in the country offering consultation on the
proposed Transport Rule. In addition, the January 7 NODA on allowance
allocation methodologies specifically requested comment on allocating
allowances to new units in Indian Country. EPA held two consultation
and information-sharing calls with 16 interested Tribes in late January
and early February 2011. Tribes participating on these consultation and
information calls provided comments on the proposed rule and the
allowance allocation NODA. As noted above, this additional input from
the consultation process was taken into account in the development of
the final rule. See Section XII.F for more information on tribal
consultation.
4. Summary
    EPA believes that the vast majority of communities and individuals
in areas covered by this rule, including numerous low-income, minority,
and tribal individuals and communities in both rural areas and inner
cities in the eastern and central U.S., will see significant
improvements in air quality and resulting improvements in health. EPA's
assessment of the effects of the proposed and final Transport Rules on
these communities included: (a) The structure of the rule and responses
to comments received on issues specific to these communities; (b)
expected SO2 and NOX emission reductions; (c)
expected PM2.5 and ozone air quality improvements; (d)
expected health benefits, including asthma and other health effects of
particular concern for environmental justice communities; and (e) a
quantitative assessment of the expected socioeconomic distribution of a
key health benefit (reduction in premature mortality). All of these
analyses indicate large health and environmental benefits for these
communities; none shows evidence of adverse effects. As a result, EPA
concludes that we do not expect disproportionately high and adverse
human health or environmental effects on minority, low-income, or
tribal populations in the United States as a result of implementing
this final Transport Rule.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective October 7, 2011.

L. Judicial Review

    Petitions for judicial review of this action must be filed in the
United States Court of Appeals for the District of Columbia Circuit by
October 7, 2011. Section 307(b)(1) of the CAA indicates which Federal
Courts of Appeal have venue for petitions of review of final actions by
EPA. This section provides, in part, that petitions for review must be
filed in the Court of Appeals for the District of Columbia Circuit if
(i) the agency action consists of ``nationally applicable regulations
promulgated, or final action taken, by the Administrator,'' or (ii)
such action is locally or regionally applicable, if ``such action is
based on a determination of nationwide scope or effect and if in taking
such action the Administrator finds and publishes that such action is
based on such a determination.''
    Any final action related to the Transport Rule is ``nationally
applicable'' within the meaning of section 307(b)(1). Through this
rule, EPA interprets section 110 of the CAA, a provision which has
nationwide applicability. In addition, the Transport Rule applies to 27
States. The Transport Rule is also based on a common core of factual
findings and analyses concerning the transport of pollutants between
the different states subject to it. For these reasons, the
Administrator also is determining that any final action regarding the
Transport Rule is of nationwide scope and effect for purposes of
section 307(b)(1). Thus, pursuant to section 307(b) any petitions for
review of final actions regarding the Transport Rule must be filed in
the Court of Appeals for the District of Columbia Circuit within 60
days from the date final action is published in the Federal Register.
    Filing a petition for reconsideration of this action does not
affect the finality of this rule for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed and shall not postpone the effectiveness of such rule or
action. In addition, pursuant to CAA section 307(b)(2) this action may
not be challenged later in proceedings to enforce its requirements.
    In addition, this action is subject to the provisions of section
307(d). CAA section 307(d)(1)(B) provides that section 307(d) applies
to, among other things, to ``the promulgation or revision of an
implementation plan by the Administrator under CAA section 110(c)'' (42
U.S.C. 7407(d)(1)(B)). The Agency has complied with procedural
requirements of CAA section 307(d) during the course of this
rulemaking.

List of Subjects

40 CFR Part 51

    Administrative practice and procedure, Air pollution control,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur dioxide.

40 CFR Part 52

    Administrative practice and procedure, Air pollution control,
Incorporation by reference, Intergovernmental relations, Nitrogen

oxides, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur dioxide.

40 CFR Part 72

    Acid rain, Administrative practice and procedure, Air pollution
control, Electric utilities, Incorporation by reference,
Intergovernmental relations, Nitrogen oxides, Reporting and
recordkeeping requirements, Sulfur dioxide.

40 CFR Part 78

    Acid rain, Administrative practice and procedure, Air pollution
control, Electric utilities, Intergovernmental relations, Nitrogen
oxides, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 97

    Administrative practice and procedure, Air pollution control,
Electric utilities, Nitrogen oxides, Reporting and recordkeeping
requirements, Sulfur dioxide.

    Dated: July 6, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons set forth in the preamble, parts 51, 52, 72, 78,
and 97 of chapter I of title 40 of the Code of Federal Regulations are
amended as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Sec.  51.121  [Amended]

0
2. In Sec.  51.121 paragraph (r)(2) is amended by removing the words
``Sec.  51.123(bb)'' and adding, in their place, the words ``Sec.
51.123(bb) with regard to an ozone season that occurs before January 1,
2012''.

0
3. Section 51.123 is amended by adding a new paragraph (ff) to read as
follows:

Sec.  51.123  Findings and requirements for submission of State
implementation plan revisions relating to emissions of oxides of
nitrogen pursuant to the Clean Air Interstate Rule.

* * * * *
    (ff) Notwithstanding any provisions of paragraphs (a) through (ee)
of this section, subparts AA through II and AAAA through IIII of part
96 of this chapter, subparts AA through II and AAAA through IIII of
part 97 of this chapter, and any State's SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011, the Administrator:
    (i) Rescinds the determination in paragraph (a) of this section
that the States identified in paragraph (c) of this section must submit
a SIP revision with respect to the fine particles (PM2.5)
NAAQS and the 8-hour ozone NAAQS meeting the requirements of paragraphs
(b) through (ee) of this section; and
    (ii) Will not carry out any of the functions set forth for the
Administrator in subparts AA through II and AAAA through IIII of part
96 of this chapter, subparts AA through II and AAAA through IIII of
part 97 of this chapter, or in any emissions trading program provisions
in a State's SIP approved under this section;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.

0
4. Section 51.124 is amended by adding a new paragraph (s) to read as
follows:

Sec.  51.124  Findings and requirements for submission of State
implementation plan revisions relating to emissions of sulfur dioxide
pursuant to the Clean Air Interstate Rule.

* * * * *
    (s) Notwithstanding any provisions of paragraphs (a) through (r) of
this section, subparts AAA through III of part 96 of this chapter,
subparts AAA through III of part 97 of this chapter, and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011, the Administrator:
    (i) Rescinds the determination in paragraph (a) of this section
that the States identified in paragraph (c) of this section must submit
a SIP revision with respect to the fine particles (PM2.5)
NAAQS meeting the requirements of paragraphs (b) through (r) of this
section; and
    (ii) Will not carry out any of the functions set forth for the
Administrator in subparts AAA through III of part 96 of this chapter,
subparts AAA through III of part 97 of this chapter, or in any
emissions trading program in a State's SIP approved under this section;
and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.

Sec.  51.125  [Reserved]

0
5. Section 51.125 is removed and reserved.

PART 52--[AMENDED]

0
6. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart A--General Provisions

0
7. Section 52.35 is amended by adding a new paragraph (f) to read as
follows:

Sec.  52.35  What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of nitrogen oxides?

* * * * *
    (f) Notwithstanding any provisions of paragraphs (a) through (d) of
this section, subparts AA through II and AAAA through IIII of part 97
of this chapter, and any State's SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) through (d) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and

    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX allowances will be required with
regard to emissions or excess emissions for such control periods.

0
8. Section 52.36 is amended by adding a new paragraph (e) to read as
follows:

Sec.  52.36  What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of sulfur dioxide?

* * * * *
    (e) Notwithstanding any provisions of paragraphs (a) through (c) of
this section, subparts AAA through III of part 97 of this chapter and
any State's SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraphs (a) through (e) of this section
relating to SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.

0
9. Sections Sec. Sec.  52.38 and 52.39 are added to subpart A to read
as follows:

Sec.  52.38  What are the requirements of the Federal Implementation
Plans (FIPs) under the Transport Rule (TR) relating to emissions of
nitrogen oxides?

    (a)(1) The TR NOX Annual Trading Program provisions set
forth in subpart AAAAA of part 97 of this chapter constitute the TR
Federal Implementation Plan provisions that relate to annual emissions
of nitrogen oxides (NOX).
    (2) The provisions of subpart AAAAA of part 97 of this chapter
apply to the sources in the following States and Indian country located
within the borders of such States: Alabama, Georgia, Illinois, Indiana,
Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri,
Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania,
South Carolina, Tennessee, Texas, Virginia, West Virginia, and
Wisconsin.
    (3) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
TR NOX Annual allowance allocation provisions replacing the
provisions in Sec.  97.411(a) of this chapter with regard to the State
and the control period in 2013, a list of TR NOX Annual
units and the amount of TR NOX Annual allowances allocated
to each unit on such list, provided that the list of units and
allocations meets the following requirements:
    (i) All of the units on the list must be units that are in the
State and commenced commercial operation before January 1, 2010;
    (ii) The total amount of TR NOX Annual allowance
allocations on the list must not exceed the amount, under Sec.
97.410(a) of this chapter for the State and the control period in 2013,
of TR NOX Annual trading budget minus the sum of the new
unit set-aside and Indian country new unit set-aside;
    (iii) The list must be submitted electronically in a format
specified by the Administrator; and
    (iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart AAAAA of
part 97 of this chapter;
    (v) Provided that:
    (A) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the
State's intent to submit to the Administrator a complete SIP revision
meeting the requirements of paragraph (a)(3)(i) through (iv) of this
section by April 1, 2012; and
    (B) The State must submit to the Administrator a complete SIP
revision described in paragraph (a)(3)(v)(A) of this section by April
1, 2012.
    (4) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart AAAAA of part 97 of this chapter as
follows and not making any other substantive revisions of that subpart:
    (i) The State may adopt, as TR NOX Annual allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the
State and the control period in 2014 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions TR NOX Annual allowances, and may adopt, in
addition to the definitions in Sec.  97.402 of this chapter, one or
more definitions that shall apply only to terms as used in the adopted
TR NOX Annual allowance allocation or auction provisions, if
such methodology--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Annual
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.410(a) and 97.421 of this chapter for the State and such
control period, of the TR NOX Annual trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR NOX Annual allowances already allocated and recorded by
the Administrator.
    (B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec.  97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  NOX annual allowances are allocated or       allocations or auction
                 auctioned                    results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec. Sec.  97.411(b)(1) and 97.412(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in

any allocation determined and recorded by the Administrator under
subpart AAAAA of part 97 of this chapter;
    (ii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (a)(4)(i) of this section by
December 1 of the year before the year of the deadlines for submission
of allocations or auction results under paragraphs (a)(4)(i)(B) and (C)
of this section for the first control period for which the State wants
to make allocations or hold an auction under paragraph (a)(4)(i) of
this section.
    (5) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (a)(1) through (4) of this section, regulations that are
substantively identical to the provisions of the TR NOX
Annual Trading Program set forth in Sec. Sec.  97.402 through 97.435 of
this chapter, except that the SIP revision:
    (i) May adopt, as TR NOX Annual allowance allocation or
auction provisions replacing the provisions in Sec. Sec.  97.411(a) and
(b)(1) and 97.412(a) of this chapter with regard to the State and the
control period in 2014 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
NOX Annual allowances and that--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Annual
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.410(a) and 97.421 of this chapter for the State and such
control period, of the TR NOX Annual trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR NOX Annual allowances already allocated and recorded by
the Administrator.
    (B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec.  97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  NOX annual allowances are allocated or       allocations or auction
                 auctioned                    results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec. Sec.  97.411(b)(1) and 97.412(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart AAAAA of part 97 of this chapter;
    (ii) May adopt, in addition to the definitions in Sec.  97.402 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR NOX Annual allowance allocation or auction
provisions adopted under paragraph (a)(5)(i) of this section;
    (iii) May substitute the name of the State for the term ``State''
as used in subpart AAAAA of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make
substantive changes in the provisions in Sec. Sec.  97.402 through
97.435 of this chapter; and
    (iv) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Sec. Sec.  97.402 through 97.435 of this chapter
and must not include the provisions in Sec. Sec.  97.411(b)(2) and
97.412(b), all of which provisions will continue to apply under the
portion of the TR Federal Implementation Plan that is not replaced by
the SIP revision;
    (v) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the
provisions in Sec. Sec.  97.402 (definitions of ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.406(c)(2), 97.425, and the portions of other provisions referencing
these sections and may modify the portion of the TR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions;
    (vi) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (a)(5)(i) through (iv) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(a)(5)(i)(B) and (C) of this section applicable to the first control
period for which the State wants to make allocations or hold an auction
under paragraphs (a)(5)(i) and (ii) of this section.
    (6) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal
Implementation Plan described in paragraphs (a)(1) through (5) of this
section, the provisions of paragraph (a)(2) of this section will no
longer apply to the sources in the State, unless the Administrator's
approval of the SIP revision is partial or conditional, and will
continue to apply to sources in any Indian country within the borders
of the State.
    (7) Notwithstanding the provisions of paragraph (a)(6) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in a State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
    (b)(1) The TR NOX Ozone Season Trading Program
provisions set forth in part 97 of this chapter constitute the TR
Federal Implementation Plan provisions that relate to emissions of
NOX during the ozone season, defined as May 1 through
September 30 of a calendar year.
    (2) The provisions of subpart BBBBB of part 97 of this chapter
apply to

sources in each of the following States and Indian country located
within the borders of such States: Alabama, Arkansas, Florida, Georgia,
Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, New
Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, and West Virginia.
    (3) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
TR NOX Ozone Season allowance allocation provisions
replacing the provisions in Sec.  97.511(a) of this chapter with regard
to the State and the control period in 2013, a list of TR
NOX Ozone Season units and the amount of TR NOX
Ozone Season allowances allocated to each unit on such list, provided
that the list of units and allocations meets the following
requirements:
    (i) All of the units on the list must be units that are in the
State and commenced commercial operation before January 1, 2010;
    (ii) The total amount of TR NOX Ozone Season allowance
allocations on the list must not exceed the amount, under Sec.
97.510(a) of this chapter for the State and the control period in 2013,
of TR NOX Ozone Season trading budget minus the sum of the
new unit set-aside and Indian country new unit set-aside;
    (iii) The list must be submitted electronically in a format
specified by the Administrator; and
    (iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart BBBBB of
part 97 of this chapter;
    (v) Provided that:
    (A) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the
State's intent to submit to the Administrator a complete SIP revision
meeting the requirements of paragraph (b)(3)(i) through (iv) of this
section by April 1, 2012; and
    (B) The State must submit to the Administrator a complete SIP
revision described in paragraph (b)(3)(v)(A) of this section by April
1, 2012.
    (4) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart BBBBB of part 97 of this chapter as
follows and not making any other substantive revisions of that subpart:
    (i) The State may adopt, as applicability provisions replacing the
provisions in Sec. Sec.  97.504(a)(1) and (2) of this chapter,
provisions substantively identical to those provisions, except that the
words ``more than 25 MWe'' are replaced, whenever such words appear, by
words specifying a uniform lower limit on the amount of megawatts that
is not greater than the amount specified by the words ``more than 25
MWe'' and is not less than the amount specified by the words ``15 MWe
or more''; or
    (ii) The State may adopt, as TR NOX Ozone Season
allowance allocation or auction provisions replacing the provisions in
Sec. Sec.  97.511(a) and (b)(1) and 97.512(a) of this chapter with
regard to the control period in 2014 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions TR NOX Ozone Season allowances, and may adopt,
in addition to the definitions in Sec.  97.502 of this chapter, one or
more definitions that shall apply only to terms as used in the adopted
TR NOX Ozone Season allowance allocation or auction
provisions, if such methodology--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Ozone Season
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.510(a) and 97.521 of this chapter for the State and such
control period, of the TR NOX Ozone Season trading budget
minus the sum of the Indian country new unit set-aside and the amount
of any TR NOX Ozone Season allowances already allocated and
recorded by the Administrator.
    (B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances
for any such control period to any TR NOX Ozone Season units
covered by Sec.  97.511(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of TR NOX Ozone Season allowances
remaining in a set-aside after completion of the allocations or
auctions for which the set-aside was created) to the Administrator no
later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
 NOX Ozone Season allowances are allocated     allocations or auction
               or auctioned                   results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances
for any such control period to any TR NOX Ozone Season units
covered by Sec. Sec.  97.511(b)(1) and 97.512(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of TR NOX Ozone Season allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
    (D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
    (iii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(4)(i) or (ii) of this section
by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(4)(ii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(4)(i) or (ii) of this section.
    (5) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (b)(1) through (4) of this section, regulations that are
substantively identical to the provisions of the TR NOX
Ozone Season Trading Program set forth in Sec. Sec.  97.502 through
97.535 of this chapter, except that the SIP revision:

    (i) May adopt, as applicability provisions replacing the provisions
in Sec. Sec.  97.504(a)(1) and (2) of this chapter, provisions
substantively identical to those provisions, except that the words
``more than 25 MWe'' are replaced, whenever such words appear, by words
specifying a uniform lower limit on the amount of megawatts that is not
greater than the amount specified by the words ``more than 25 MWe'' and
is not less than the amount specified by the words ``15 MWe or more'';
or
    (ii) May adopt, as TR NOX Ozone Season allowance
allocation provisions replacing the provisions in Sec. Sec.  97.511(a)
and (b)(1) and 97.512(a) of this chapter with regard to the control
period in 2014 and any subsequent year, any methodology under which the
State or the permitting authority allocates auctions TR NOX
Ozone Season allowances and that--
    (A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Ozone Season
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.510(a) and 97.521 of this chapter for the State and such
control period, of the TR NOX Ozone Season trading budget
minus the sum of the Indian country new unit set-aside and the amount
of any TR NOX Ozone Season allowances already allocated and
recorded by the Administrator.
    (B) Requires, to the extent the State adopts provisions for
allocations or auction of TR NOX Ozone Season allowances for
any such control period to any TR NOX Ozone Season units
covered by Sec.  97.511(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of TR NOX Ozone Season allowances
remaining in a set-aside after completion of the allocations or
auctions for which the set-aside was created) to the Administrator no
later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
 NOX Ozone Season allowances are allocated     allocations or auction
               or auctioned                   results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances
for any control period to any TR NOX Ozone Season units
covered by Sec. Sec.  97.511(b)(1) and 97.512(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of TR NOX Ozone Season allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
    (D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
    (iii) May adopt in addition to the definitions in Sec.  97.502 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR NOX Ozone Season allowance allocation or
auction provisions adopted under paragraph (b)(5)(ii) of this section;
    (iv) May substitute the name of the State for the term ``State'' as
used in subpart BBBBB of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make
substantive changes in the provisions in Sec. Sec.  97.502 through
97.535 of this chapter; and
    (v) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Sec. Sec.  97.502 through 97.535 of this chapter
and must not include the provisions in Sec. Sec.  97.511(b)(2) and
97.512(b), all of which provisions will continue to apply under the
portion of the TR Federal Implementation Plan that is not replaced by
the SIP revision;
    (vi) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the
provisions in Sec. Sec.  97.502 (definitions of ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.506(c)(2), 97.525, and the portions of other provisions referencing
these sections and may modify the portion of the TR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions;
    (vii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(5)(i) through (v) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(5)(ii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraphs
(b)(5)(ii) and (iii) of this section.
    (6) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal
Implementation Plan set forth in paragraphs (b)(1) through (5) of this
section, the provisions of paragraph (b)(2) of this section will no
longer apply to sources in the State, unless the Administrator's
approval of the SIP revision is partial or conditional, and will
continue to apply to sources in any Indian country within the borders
of the State.
    (7) Notwithstanding the provisions of paragraph (b)(6) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97
of this chapter to units in a State for a control period in any year,
the provisions of subpart BBBBB of part 97 of this chapter authorizing
the Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

Sec.  52.39  What are the requirements of the Federal Implementation
Plans (FIPs) for the Transport Rule (TR) relating to emissions of
sulfur dioxide?

    (a) The TR SO2 Group 1 Trading Program provisions and
the TR SO2 Group 2 Trading Program provisions set forth
respectively in subparts CCCCC and DDDDD of part 97 of this chapter
constitute the TR Federal Implementation Plan provisions that relate to
emissions of sulfur dioxide (SO2).
    (b) The provisions of subpart CCCCC of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States: Illinois, Indiana, Iowa,
Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and
Wisconsin.

    (c) The provisions of subpart DDDDD of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States: Alabama, Georgia, Kansas,
Minnesota, Nebraska, South Carolina, and Texas.
    (d) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (b) of this section may adopt and
include in a SIP revision, and the Administrator will approve, as TR
SO2 Group 1 allowance allocation provisions replacing the
provisions in Sec.  97.611(a) of this chapter with regard to the State
and the control period in 2013, a list of TR SO2 Group 1
units and the amount of TR SO2 Group 1 allowances allocated
to each unit on such list, provided that the list of units and
allocations meets the following requirements:
    (1) All of the units on the list must be units that are in the
State and commenced commercial operation before January 1, 2010;
    (2) The total amount of TR SO2 Group 1 allowance
allocations on the list must not exceed the amount, under Sec.
97.610(a) of this chapter for the State and the control period in 2013,
of TR SO2 Group 1 trading budget minus the sum of the new
unit set-aside and Indian country new unit set-aside;
    (3) The list must be submitted electronically in a format specified
by the Administrator; and
    (4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart CCCCC of
part 97 of this chapter;
    (5) Provided that:
    (i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the
State's intent to submit to the Administrator a complete SIP revision
meeting the requirements of paragraph (d)(1) through (4) of this
section by April 1, 2012; and
    (ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (d)(5)(i) of this section by April 1,
2012.
    (e) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (b) of this section may adopt and
include in a SIP revision, and the Administrator will approve,
regulations revising subpart CCCCC of part 97 of this chapter as
follows and not making any other substantive revisions of that subpart:
    (1) The State may adopt, as TR SO2 Group 1 allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the
control period in 2014 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
SO2 Group 1 allowances and may adopt, in addition to the
definitions in Sec.  97.602 of this chapter, one or more definitions
that shall apply only to terms as used in the adopted TR SO2
Group 1 allowance allocation or auction provisions, if such
methodology--
    (i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 1
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.610(a) and 97.621 of this chapter for the State and such
control period, of the TR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 1 allowances already allocated and recorded by
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Sec.  97.611(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 1 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 1 allowances are allocated or      allocations or auction
                 auctioned                    results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Sec. Sec.  97.611(b)(1) and 97.612(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR SO2 Group 1 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (iv) Does not provide for any change, after the submission
deadlines in paragraphs (e)(1)(ii) and (iii) of this section, in the
allocations submitted to the Administrator by such deadlines and does
not provide for any change in any allocation determined and recorded by
the Administrator under subpart CCCCC of part 97 of this chapter;
    (2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (e)(1) of this section by
December 1 of the year before the year of the deadlines for submission
of allocations or auction results under paragraphs (e)(1)(ii) and (iii)
of this section applicable to the first control period for which the
State wants to make allocations or hold an auction under paragraph
(e)(1) of this section.
    (f) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (b) of this section may adopt and
include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (a), (b), (d), and (e) of this section, regulations that
are substantively identical to the provisions of the TR SO2
Group 1 Trading Program set forth in Sec. Sec.  97.602 through 97.635
of this chapter, except that the SIP revision:
    (1) May adopt, as TR SO2 Group 1 allowance allocation or
auction provisions replacing the provisions in Sec. Sec.  97.611(a) and
(b)(1) and 97.612(a) of this chapter with regard to the control period
in 2014 and any subsequent year, any methodology under which the State
or the permitting authority allocates or auctions TR SO2
Group 1 allowances and that--
    (i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 1
allowances for such control period not exceeding the amount, under
Sec. Sec.  97.610(a) and 97.621 of this chapter for the State and such
control period, of the TR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 1 allowances already allocated and recorded by
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 1 allowances for any
such control period to any TR

SO2 Group 1 units covered by Sec.  97.611(a) of this
chapter, that the State or the permitting authority submit such
allocations or the results of such auctions for such control period
(except allocations or results of auctions to such units of TR
SO2 Group 1 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 1 allowances are allocated or      allocations or auction
                 auctioned                    results to  administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Sec. Sec.  97.611(b)(1) and 97.612(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR SO2 Group 1 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (iv) Does not provide for any change, after the submission
deadlines in paragraphs (f)(2)(ii) and (iii) of this section, in the
allocations submitted to the Administrator by such deadlines and does
not provide for any change in any allocation determined and recorded by
the Administrator under subpart CCCCC of part 97 of this chapter;
    (2) May adopt, in addition to the definitions in Sec.  97.602 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR SO2 Group 1 allowance allocation or auction
provisions adopted under paragraph (f)(1) of this section;
    (3) May substitute the name of the State for the term ``State'' as
used in subpart CCCCC of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make
substantive changes in the provisions in Sec. Sec.  97.602 through
97.635 of this chapter; and
    (4) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Sec. Sec.  97.602 through 97.635 of this chapter
and must not include the provisions in Sec. Sec.  97.611(b)(2) and
97.612(b), all of which provisions will continue to apply under the
portion of the TR Federal Implementation Plan that is not replaced by
the SIP revision;
    (5) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the
provisions in Sec. Sec.  97.602 (definitions of ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.606(c)(2), 97.625, and the portions of other provisions referencing
these sections and may modify the portion of the TR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions;
    (6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (f)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(f)(1)(ii) and (iii) of this section applicable to the first control
period for which the State wants to make allocations or hold an auction
under paragraph (f)(1)(ii) and (iii) of this section.
    (g) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (c) of this section may adopt and
include in a SIP revision, and the Administrator will approve, as TR
SO2 Group 2 allowance allocation provisions replacing the
provisions in Sec.  97.711(a) of this chapter with regard to the
control period in 2013, a list of TR SO2 Group 2 units and
the amount of TR SO2 Group 2 allowances allocated to each
unit on such list, provided that the list of units and allocations
meets the following requirements:
    (1) All of the units on the list must be units that are in the
State and commenced commercial operation before January 1, 2010;
    (2) The total amount of TR SO2 Group 2 allowance
allocations on the list must not exceed the amount, under Sec.
97.710(a) of this chapter for the State and the control period in 2013,
of TR SO2 Group 2 trading budget minus the sum of the new
unit set-aside and Indian country new unit set-aside;
    (3) The list must be submitted electronically in a format specified
by the Administrator; and
    (4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart DDDDD of
part 97 of this chapter;
    (5) Provided that:
    (i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the
State's intent to submit to the Administrator a complete SIP revision
meeting the requirements of paragraph (g)(1) through (4) of this
section by April 1, 2012; and
    (ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (g)(5)(i) of this section by April 1,
2012.
    (h) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (c) of this section may adopt and
include in a SIP revision, and the Administrator will approve,
regulations revising subpart DDDDD of part 97 of this chapter as
follows and not making any other substantive revisions of that subpart:
    (1) The State may adopt, as TR SO2 Group 2 allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the
control period in 2014 and any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
SO2 Group 2 allowances and may adopt, in addition to the
definitions in Sec.  97.702 of this chapter, one or more definitions
that shall apply only to terms as used in the adopted TR SO2
Group 2 allowance allocation or auction provisions, if such
methodology--
    (i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.710(a) and 97.721 of this chapter for the State and such
control period, of the TR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 2 allowances already allocated and recorded by
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec.  97.711(a) of this chapter, that the State or the permitting
authority submit such

allocations or the results of such auctions for such control period
(except allocations or results of auctions to such units of TR
SO2 Group 2 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 2 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec. Sec.  97.711(b)(1) and 97.712(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR SO2 Group 2 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (iv) Does not provide for any change, after the submission
deadlines in paragraphs (h)(1)(ii) and (iii) of this section, in the
allocations submitted to the Administrator by such deadlines and does
not provide for any change in any allocation determined and recorded by
the Administrator under subpart DDDDD of part 97 of this chapter;
    (2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (h)(1) of this section by
December 1 of the year before the year of the deadlines for submission
of allocations or auction results under paragraphs (h)(1)(ii) and (iii)
of this section applicable to the first control period for which the
State wants to make allocations or hold an auction under paragraph
(h)(1)(ii) and (iii) of this section.
    (i) Notwithstanding the provisions of paragraph (a) of this
section, a State listed in paragraph (c) of this section may adopt and
include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (a), (c), (g), and (h) of this section, regulations that
are substantively identical to the provisions of the TR SO2
Group 2 Trading Program set forth in Sec. Sec.  97.702 through 97.735
of this chapter, except that the SIP revision:
    (1) May adopt, as TR SO2 Group 2 allowance allocation or
auction provisions replacing the provisions in Sec. Sec.  97.711(a) and
(b)(1) and 97.712(a) of this chapter with regard to the control period
in 2014 and any subsequent year, any methodology under which the State
or the permitting authority allocates or auctions TR SO2
Group 2 allowances and that--
    (i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Sec. Sec.  97.710(a) and 97.721 of this chapter for the State and such
control period, of the TR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 2 allowances already allocated and recorded by
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec.  97.711(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 1 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 2 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

     (iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec. Sec.  97.711(b)(1) and 97.712(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of TR SO2 Group 2 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
    (iv) Does not provide for any change, after the submission
deadlines in paragraphs (i)(1)(ii) and (iii) of this section, in the
allocations submitted to the Administrator by such deadlines and does
not provide for any change in any allocation determined and recorded by
the Administrator under subpart DDDDD of part 97 of this chapter;
    (2) May adopt, in addition to the definitions in Sec.  97.702 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR SO2 Group 2 allowance allocation or auction
provisions adopted under paragraph (i)(1) of this section;
    (3) May substitute the name of the State for the term ``State'' as
used in subpart DDDDD of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make
substantive changes in the provisions in Sec. Sec.  97.702 through
97.735 of this chapter; and
    (4) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Sec. Sec.  97.702 through 97.735 of this chapter
and must not include the provisions in Sec. Sec.  97.711(b)(2) and
97.712(b), all of which provisions will continue to apply under the
portion of the TR Federal Implementation Plan that is not replaced by
the SIP revision;
    (5) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the
provisions in Sec. Sec.  97.702 (definitions of ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.706(c)(2), 97.725, and the portions of other provisions referencing
these sections and may modify the portion of the TR Federal
Implementation Plan that is not replaced by the SIP revision to include
these provisions;
    (6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (i)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs

(i)(1)(ii) and (iii) of this section applicable to the first control
period for which the State wants to make allocations or hold an auction
under paragraphs (i)(1)(ii) and (iii) of this section.
    (j) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal
Implementation Plan, the provisions of paragraph (b) and (c) of this
section, as applicable, will no longer apply to sources in the State,
unless the Administrator's approval of the SIP revision is partial or
conditional, and will continue to apply to sources in any Indian
country within the borders of the State.
    (k) Notwithstanding the provisions of paragraph (j) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of TR
SO2 Group 1 allowances under subpart CCCCC of part 97 of
this chapter, or allocations of TR SO2 Group 2 allowances
under subpart DDDDD of part 97 of this chapter, to units in a State for
a control period in any year, the provisions of subpart CCCCC of part
97 of this chapter authorizing the Administrator to complete the
allocation and recordation of TR SO2 Group 1 allowances, or
of subpart DDDDD of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
SO2 Group 2 allowances, as applicable, to units in the State
for each such control period shall continue to apply, unless provided
otherwise by such approval of the State's SIP revision.

Subpart B--Alabama

0
10. Section 52.54 is added to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of Alabama and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Alabama's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Alabama's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Alabama and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Alabama's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of the Alabama's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
11. Section 52.55 is added to read as follows:

Sec.  52.55  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Alabama and for which requirements are set forth under the
TR SO2 Group 2 Trading Program in subpart DDDDD of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Alabama's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Alabama's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart E--Arkansas

0
12. Section 52.184 is added to read as follows:

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

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

units in the State for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.

Subpart I--Delaware

0
13. Section 52.440 is amended by adding a new paragraph (c) to read as
follows:

Sec.  52.440  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.

0
14. Section 52.441 is amended by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:

Sec.  52.441  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.

Subpart J--District of Columbia

0
15. Section 52.484 is amended by adding a new paragraph (c) to read as
follows:

Sec.  52.484  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

* * * * *
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of
this section and subparts AA through II and AAAA through IIII of part
97 of this chapter to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not
be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season
allowances allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the
CAIR NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and
any subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the
CAIR NOX Ozone Season Allowance Tracking System accounts all
CAIR NOX Ozone Season allowances allocated for a control
period in 2012 and any subsequent year, and, thereafter, no holding or
surrender of CAIR NOX Ozone Season allowances will be
required with regard to emissions or excess emissions for such control
periods.

0
16. Section 52.485 is amended by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:

Sec.  52.485  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

* * * * *
    (b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
    (1) With regard to any control period that begins after December
31, 2011,
    (i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.

Subpart K--Florida

0
17. Section 52.540 is added to read as follows:

Sec.  52.540  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) The owner and operator of each source and each unit located in
the State of Florida and Indian country within the borders of the State
and for which requirements are set forth under the TR NOX
Ozone Season Trading Program in subpart BBBBB of part 97 of this
chapter must comply with such requirements. The obligation to comply
with such requirements with regard to sources and units located in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Florida's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec.  52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will
not be eliminated by the promulgation of an approval by the
Administrator of a revision to Florida's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the

time of the approval of Florida's SIP revision described in paragraph
(a) of this section, the Administrator has already started recording
any allocations of TR NOX Ozone Season allowances under
subpart BBBBB of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the
allocation and recordation of TR NOX Ozone Season allowances
to units in the State for each such control period shall continue to
apply, unless provided otherwise by such approval of the State's SIP
revision.

Subpart L--Georgia

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18. Section 52.584 is added to read as follows:

Sec.  52.584  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Georgia and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Georgia's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Georgia's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Georgia and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Georgia's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Georgia's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

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19. Section 52.585 is added to read as follows:

Sec.  52.585  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Georgia and for which requirements are set forth under the
TR SO2 Group 2 Trading Program in subpart DDDDD of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Georgia's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Georgia's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart O--Illinois

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20. Section 52.745 is added to read as follows:

Sec.  52.745  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Illinois and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Illinois' State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Illinois' SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Illinois and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Illinois' State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Illinois' SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this

chapter to units in the State for a control period in any year, the
provisions of subpart BBBBB of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

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21. Section 52.746 is added to read as follows:

Sec.  52.746  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Illinois and for which requirements are set forth under
the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Illinois' State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Illinois' SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart P--Indiana

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22. Section 52.789 is added to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of Indiana and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Indiana's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Indiana's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Indiana and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Indiana's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Indiana's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

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23. Section 52.790 is added to read as follows:

Sec.  52.790  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Indiana and for which requirements are set forth under the
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Indiana's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Indiana's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart Q--Iowa

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24. Section 52.840 is added to read as follows:

Sec.  52.840  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Iowa and Indian country within the borders of the State
and for which requirements are set forth under the TR NOX
Annual Trading Program in subpart AAAAA of part 97 of this chapter must
comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Iowa's State Implementation Plan (SIP) as correcting in
part the SIP's deficiency that is the basis for the TR Federal
Implementation Plan under Sec.  52.38(a), except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to

sources and units located in Indian country within the borders of the
State will not be eliminated by the promulgation of an approval by the
Administrator of a revision to Iowa's SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Iowa's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b) [Reserved]

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25. Section 52.841 is added to read as follows:

Sec.  52.841  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Iowa and Indian country within the borders of the State
and for which requirements are set forth under the TR SO2
Group 1 Trading Program in subpart CCCCC of part 97 of this chapter
must comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Iowa's State Implementation Plan (SIP) as correcting in
part the SIP's deficiency that is the basis for the TR Federal
Implementation Plan under Sec.  52.39, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Iowa's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Iowa's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart R--Kansas

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26. Section 52.882 is added to read as follows:

Sec.  52.882  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source and each unit located
in the State of Kansas and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Kansas' State Implementation Plan (SIP)
as correcting in part the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec.  52.38(a), except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Kansas' SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Kansas' SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b) [Reserved]

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27. Section 52.883 is added to read as follows:

Sec.  52.883  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Kansas and Indian country within the borders of the State
and for which requirements are set forth under the TR SO2
Group 2 Trading Program in subpart DDDDD of part 97 of this chapter
must comply with such requirements. The obligation to comply with such
requirements will be eliminated with regard to sources and units in the
State by the promulgation of an approval by the Administrator of a
revision to Kansas' State Implementation Plan (SIP) as correcting in
part the SIP's deficiency that is the basis for the TR Federal
Implementation Plan under Sec.  52.39, except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Kansas' SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Kansas' SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart S--Kentucky

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28. Section 52.940 is added to read as follows:

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

    (a)(1) The owner and operator of each source and each unit located
in the State of Kentucky and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Kentucky's State

Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.38(a),
except to the extent the Administrator's approval is partial or
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Kentucky's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located
in the State of Kentucky and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Kentucky's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec.  52.38(b), except to the extent the Administrator's approval
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Kentucky's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

0
29. Section 52.941 is added to read as follows:

Sec.  52.941  Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in
the State of Kentucky and for which requirements are set forth under
the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation
to comply with such requirements will be eliminated by the promulgation
of an approval by the Administrator of a revision to Kentucky's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is
the basis for the TR Federal Implementation Plan under Sec.  52.39,
except to the extent the Administrator's approval is partial or
conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this
section, if, at the time of the approval of Kentucky's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

Subpart T--Louisiana

0