( 7) Upon recordation by the Administrator under subparts FFFF, GGGG, or IIII of this part, every allocation, transfer, or deduction of a CAIR NOX Ozone Season allowance to or from a CAIR NOX Ozone Season unit's compliance account is incorporated automatically in any CAIR permit of the source that includes the DRAFT  12/ 2/ 04 CAIR NOX Ozone Season unit.

( d) Excess emissions requirements.

( 1) If a CAIR NOX Ozone Season source emits nitrogen oxides during any control period in excess of the CAIR NOX Ozone Season emissions limitation, then:

( i) The owners and operators of the source and each CAIR NOX Ozone Season unit at the source shall surrender the CAIR NOX Ozone Season allowances required for deduction under § 96.354( d)( 1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act or applicable State law; and ( ii) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart, the Clean Air Act, and applicable State law.

( e) Recordkeeping and reporting requirements.

( 1) Unless otherwise provided, the owners and operators of the CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the permitting authority or the Administrator.

( i) The certificate of representation under § 96.313 for the CAIR designated representative for the source and each CAIR NOX DRAFT  12/ 2/ 04 Ozone Season unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5 year period until such documents are superseded because of the submission of a new certificate of representation under § 96.313 changing the CAIR designated representative.

( ii) All emissions monitoring information, in accordance with subpart HHHH of this part, provided that to the extent that subpart HHHH of this part provides for a 3 year period for recordkeeping, the 3 year period shall apply.

( iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR NOX Ozone Season Trading Program.

( iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NOX Ozone Season Trading Program or to demonstrate compliance with the requirements of the CAIR NOX Ozone Season Trading Program.

( 2) The CAIR designated representative of a CAIR NOX Ozone Season source and each CAIR NOX Ozone Season unit at the source shall submit the reports required under the CAIR NOX Ozone Season Trading Program, including those under subpart HHHH of this part.

( f) Liability.

( 1) Each CAIR NOX Ozone Season source and each CAIR NOX Ozone DRAFT  12/ 2/ 04 Season unit shall meet the requirements of the CAIR NOX Ozone Season Trading Program.

( 2) Any provision of the CAIR NOX Ozone Season Trading Program that applies to a CAIR NOX Ozone Season source or the CAIR designated representative of a CAIR NOX Ozone Season source shall also apply to the owners and operators of such source and of the CAIR NOX Ozone Season units at the source.

( 3) Any provision of the CAIR NOX Ozone Season Trading Program that applies to a CAIR NOX Ozone Season unit or the CAIR designated representative of a CAIR NOX Ozone Season unit shall also apply to the owners and operators of such unit.

( g) Effect on other authorities. No provision of the CAIR NOX Ozone Season Trading Program, a CAIR permit application, a CAIR permit, or an exemption under § 96.305 shall be construed as exempting or excluding the owners and operators, and the CAIR designated representative, of a CAIR NOX Ozone Season source or CAIR NOX Ozone Season unit from compliance with any other provision of the applicable, approved State implementation plan,

a federally enforceable permit, or the Clean Air Act.

§ 96.307 Computation of time.

( a) Unless otherwise stated, any time period scheduled,

under the CAIR NOX Ozone Season Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs. DRAFT  12/ 2/ 04 ( b) Unless otherwise stated, any time period scheduled,

under the CAIR NOX Ozone Season Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

( c) Unless otherwise stated, if the final day of any time period, under the CAIR NOX Ozone Season Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day.

§ 96.308 Appeal Procedures.

The appeal procedures for decisions of the Administrator under the CAIR NOX Ozone Season Trading Program are set forth in part 78 of this chapter.

Subpart BBBB   CAIR designated representative for CAIR NOX Ozone Season sources § 96.310 Authorization and responsibilities of CAIR designated representative.

( a) Except as provided under § 96.311, each CAIR NOX Ozone Season source, including all CAIR NOX Ozone Season units at the source, shall have one and only one CAIR designated representative, with regard to all matters under the CAIR NOX Ozone Season Trading Program concerning the source or any CAIR NOX Ozone Season unit at the source.

( b) The CAIR designated representative of the CAIR NOX Ozone Season source shall be selected by an agreement binding on the DRAFT  12/ 2/ 04 owners and operators of the source and all CAIR NOX Ozone Season units at the source and shall act in accordance with the certification statement in § 96.313( a)( 5)( iv).

( c) Upon receipt by the Administrator of a complete certificate of representation under § 96.313, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOX Ozone Season source represented and each CAIR NOX Ozone Season unit at the source in all matters pertaining to the CAIR NOX Ozone Season Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the permitting authority, the Administrator, or a court regarding the source or unit.

( d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NOX Ozone Season Allowance Tracking System account will be established for a CAIR NOX Ozone Season unit at a source, until the Administrator has received a complete certificate of representation under § 96.313 for a CAIR designated representative of the source and the CAIR NOX Ozone Season units at the source.

( e)( 1) Each submission under the CAIR NOX Ozone Season DRAFT  12/ 2/ 04 Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR NOX Ozone Season source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: " I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete.

I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

( 2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR NOX Ozone Season source or a CAIR NOX Ozone Season unit only if the submission has been made, signed, and certified in accordance with paragraph ( e)( 1) of this section.

§ 96.311 Alternate CAIR designated representative.

( a) A certificate of representation under § 96.313 may DRAFT  12/ 2/ 04 designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative.

( b) Upon receipt by the Administrator of a complete certificate of representation under § 96.313, any representation,

action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action,

inaction, or submission by the CAIR designated representative.

( c) Except in this section and § § 96.302, 96.310( a) and ( d),

96.312, 96.313, 96.351, and 96.382 whenever the term " CAIR designated representative" is used in subparts AA through II of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative.

§ 96.312 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators.

( a) Changing CAIR designated representative. The CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 96.313. Notwithstanding any such change,

all representations, actions, inactions, and submissions by the DRAFT  12/ 2/ 04 previous CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new CAIR designated representative and the owners and operators of the CAIR NOX Ozone Season source and the CAIR NOX Ozone Season units at the source.

( b) Changing alternate CAIR designated representative. The alternate CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 96.313. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate CAIR designated representative and the owners and operators of the CAIR NOX Ozone Season source and the CAIR NOX Ozone Season units at the source.

( c) Changes in owners and operators.

( 1) In the event a new owner or operator of a CAIR NOX Ozone Season source or a CAIR NOX Ozone Season unit is not included in the list of owners and operators in the certificate of representation under § 96.313, such new owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the CAIR designated representative and any DRAFT  12/ 2/ 04 alternate CAIR designated representative of the source or unit,

and the decisions and orders of the permitting authority, the Administrator, or a court, as if the new owner or operator were included in such list.

( 2) Within 30 days following any change in the owners and operators of a CAIR NOX Ozone Season source or a CAIR NOX Ozone Season unit, including the addition of a new owner or operator,

the CAIR designated representative or any alternate CAIR designated representative shall submit a revision to the certificate of representation under § 96.313 amending the list of owners and operators to include the change.

§ 96.313 Certificate of representation.

( a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the Administrator:

( 1) Identification of the CAIR NOX Ozone Season source, and each CAIR NOX Ozone Season unit at the source, for which the certificate of representation is submitted.

( 2) The name, address, e mail address ( if any), telephone number, and facsimile transmission number ( if any) of the CAIR designated representative and any alternate CAIR designated representative.

( 3) A list of the owners and operators of the CAIR NOX Ozone DRAFT  12/ 2/ 04 Season source and of each CAIR NOX Ozone Season unit at the source.

( 4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative

( i) " I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR NOX Ozone Season unit at the source."

( ii) " I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NOX Ozone Season Trading Program on behalf of the owners and operators of the source and of each CAIR NOX Ozone Season unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions."

( iii) " I certify that the owners and operators of the source and of each CAIR NOX Ozone Season unit at the source shall be bound by any order issued to me by the Administrator, the permitting authority, or a court regarding the source or unit."

( iv) " Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NOX Ozone Season unit, or where a customer purchases power from a CAIR NOX Ozone Season unit under a life of the unit, firm power contractual arrangement, I certify that: I have given a written DRAFT  12/ 2/ 04 notice of my selection as the ` CAIR designated representative' or ` alternate CAIR designated representative', as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each CAIR NOX Ozone Season unit at the source; and CAIR NOX Ozone Season allowances and proceeds of transactions involving CAIR NOX Ozone Season allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of CAIR NOX Ozone Season allowances by contract, CAIR NOX Ozone Season allowances and proceeds of transactions involving CAIR NOX Ozone Season allowances will be deemed to be held or distributed in accordance with the contract."

( 5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed.

( b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the permitting authority or the Administrator. Neither the permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. DRAFT  12/ 2/ 04 § 96.314 Objections concerning CAIR designated representative.

( a) Once a complete certificate of representation under § 96.313 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 96.313 is received by the Administrator.

( b) Except as provided in § 96.312( a) or ( b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation,

action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR NOX Ozone Season Trading Program.

( c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR NOX Ozone Season allowance transfers.

Subpart CCCC   Permits § 96.320 General CAIR Ozone Season Trading Program permit DRAFT  12/ 2/ 04 requirements.

( a) For each CAIR NOX Ozone Season source required to have a title V operating permit or required, under subpart II of this part, to have a title V operating permit or other federally enforceable permit, such permit shall include a CAIR permit administered by the permitting authority for the title V operating permit or the federally enforceable permit as applicable. The CAIR portion of the title V permit or other federally enforceable permit as applicable shall be administered in accordance with the permitting authority's title V operating permits regulations promulgated under part 70 or 71 of this chapter or the permitting authority's regulations for other federally enforceable permits as applicable, except as provided otherwise by this subpart and subpart IIII of this part.

( b) Each CAIR permit shall contain, with regard to the CAIR NOX Ozone Season source and the CAIR NOX Ozone Season units at the source covered by the CAIR permit, all applicable CAIR NOX Ozone Season Trading Program, CAIR NOX Annual Trading Program, and CAIR SO2 Trading Program requirements and shall be a complete and separable portion of the title V operating permit or other federally enforceable permit under paragraph ( a) of this section.

§ 96.321 Submission of CAIR permit applications.

( a) Duty to apply. The CAIR designated representative of any CAIR NOX Ozone Season source required to have a title V DRAFT  12/ 2/ 04 operating permit shall submit to the permitting authority a complete CAIR permit application under § 96.322 for the source covering each CAIR NOX Ozone Season unit at the source at least 18 months ( or such lesser time provided by the permitting authority)

before the later of January 1, 2009 or the date on which the CAIR NOX Ozone Season unit commences operation.

( b) Duty to Reapply. For a CAIR NOX Ozone Season source required to have a title V operating permit, the CAIR designated representative shall submit a complete CAIR permit application under § 96.322 for the source covering each CAIR NOX Ozone Season unit at the source to renew the CAIR permit in accordance with the permitting authority's title V operating permits regulations addressing permit renewal.

§ 96.322 Information requirements for CAIR permit applications.

A complete CAIR permit application shall include the following elements concerning the CAIR NOX Ozone Season source for which the application is submitted, in a format prescribed by the permitting authority:

( a) Identification of the CAIR NOX Ozone Season source;

( b) Identification of each CAIR NOX Ozone Season unit at the CAIR NOX Ozone Season source; and ( c) The standard requirements under § 96.306.

§ 96.323 CAIR permit contents and term.

( a) Each CAIR permit will contain, in a format prescribed by DRAFT  12/ 2/ 04 the permitting authority, all elements required for a complete CAIR permit application under § 96.322.

( b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 96.302 and, upon recordation by the Administrator under subpart FFFF, GGGG, or IIII of this part,

every allocation, transfer, or deduction of a CAIR NOX Ozone Season allowance to or from the compliance account of the CAIR NOX Ozone Season source covered by the permit.

( c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NOX Ozone Season source's title V operating permit or other federally enforceable permit as applicable.

§ 96.324 CAIR permit revisions.

Except as provided in § 96.323( b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions.

Subpart DDDD   [ Reserved]

Subpart EEEE   CAIR NOX Ozone Season Allowance Allocations § 96.340 State trading budgets.

( a) Except as provided in paragraph ( b) of this section, the State trading budgets for annual allocations of CAIR NOX Ozone DRAFT  12/ 2/ 04 Season allowances for the control periods in 2009 through 2014 and in 2015 and thereafter are respectively as follows:

State State Trading Budget for 2009 2014 ( tons) State Trading Budget for 2015 and thereafter ( tons) Alabama 32,182 26,818 Arkansas 11,515 9,596 Connecticut 2,559 2,559 Delaware 2,226 1,855 District of Columbia 112 94 Florida 47,912 39,926 Illinois 30,701 28,981 Indiana 45,952 39,273 Iowa 14,263 11,886 Kentucky 36,045 30,587 Louisiana 17,085 14,238 Maryland 12,834 10,695 Massachusetts 7,551 6,293 Michigan 28,971 24,142 Mississippi 8,714 7,262 Missouri 26,678 22,231 New Jersey 6,654 5,545 New York 20,632 17,193 North Carolina 28,392 23,660 Ohio 45,664 39,945 Pennsylvania 42,171 35,143 South Carolina 15,249 12,707 Tennessee 22,842 19,035 Virginia 15,994 13,328 West Virginia 26,859 26,525 Wisconsin 17,987 14,989 ( b) If a permitting authority issues additional CAIR NOX Ozone Season allowance allocations under § 51.123( aa)( 2)( iii)( A)

of this chapter, the amount in the State trading budget for a control period in a calendar year will be the sum of the amount set forth for the State and for the year in paragraph ( a) of this section and the amount of additional CAIR NOX Ozone Season allowance allocations issued under § 51.123( aa)( 2)( iii)( A) of this chapter for the year. DRAFT  12/ 2/ 04 § 96.341 Timing requirements for CAIR NOX Ozone Season allowance allocations.

( a) By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NOX Ozone Season allowance allocations, in a format prescribed by the Administrator and in accordance with § 96.342( a) and ( b), for the control periods in 2009, 2010, 2011, 2012, 2013, and 2014.

( b)( 1) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NOX Ozone Season allowance allocations, in a format prescribed by the Administrator and in accordance with § 96.342( a) and ( b), for the control period in the sixth year after the year of the applicable deadline for submission under this paragraph.

( 2) If the permitting authority fails to submit to the Administrator the CAIR NOX Ozone Season allowance allocations in accordance with paragraph ( b)( 1), the Administrator will assume that the allocations of CAIR NOX Ozone Season allowances for the applicable control period are the same as for the control period that immediately precedes the applicable control period, except that, if the applicable control period is in 2015, the Administrator will assume that the allocations equal 83 percent of the allocations for the control period that immediately precedes the applicable control period. DRAFT  12/ 2/ 04 ( c)( 1) By July 31, 2009 and July 31 of each year thereafter,

the permitting authority will submit to the Administrator the CAIR NOX Ozone Season allowance allocations, in a format prescribed by the Administrator and in accordance with § 96.342( c) and ( d), for the control period in the year of the applicable deadline for submission under this paragraph.

( 2) If the permitting authority fails to submit to the Administrator the CAIR NOX Ozone Season allowance allocations in accordance with paragraph ( c)( 1), the Administrator will assume that the allocations of CAIR NOX Ozone Season allowances for the applicable control period are the same as for the control period that immediately precedes the applicable control period, except that, if the applicable control period is in 2015, the Administrator will assume that the allocations equal 83 percent of the allocations for the control period that immediately precedes the applicable control period and except that any CAIR NOX Ozone Season unit that would otherwise be allocated CAIR NOX Ozone Season allowances under § 96.342( a) and ( b), as well as under § 96.342( c) and ( d), for the applicable control period will be assumed to be allocated no CAIR NOX Ozone Season allowances under § 96.342( c) and ( d) for the applicable control period.

§ 96.342 CAIR NOX Ozone Season allowance allocations.

( a)( 1) The baseline heat input ( in mmBtu) used with respect to CAIR NOX Ozone Season allowance allocations under paragraph ( b) DRAFT  12/ 2/ 04 of this section for each CAIR NOX Ozone Season unit will be:

( i) For units commencing operation before January 1, 2001 the average of the 3 highest amounts of the unit's adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as follows:

( A) If the unit is coal fired during the year, the unit's control period heat input for such year is multiplied by 100 percent;

( B) If the unit is oil fired during the year, the unit's control period heat input for such year is multiplied by 60 percent; and ( C) If the unit is not subject to paragraph ( a)( 1)( i)( A) or ( B) of this section, the unit's control period heat input for such year is multiplied by 40 percent.

( ii) For units commencing operation on or after January 1,

2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's total converted control period heat input over the first such 5 years.

( 2)( i) A unit's control period heat input, and a unit's status as coal fired or oil fired, for a calendar year under paragraph ( a)( 1)( i) of this section, and a unit's total tons of NOX emissions during a calendar year under paragraph ( c)( 3) of DRAFT  12/ 2/ 04 this section, will be determined in accordance with part 75 of this chapter, to the extent the unit was otherwise subject to the requirements of part 75 of this chapter for the year, or will be based on the best available data reported to the permitting authority for the unit, to the extent the unit was not otherwise subject to the requirements of part 75 of this chapter for the year.

( ii) A unit's converted control period heat input for a calendar year specified under paragraph ( a)( 1)( ii) of this section equals:

( A) Except as provided in paragraph ( a)( 2)( ii)( B) or ( C) of this section, the control period gross electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/ kWh, if the unit is coal fired for the year, or 6,675 Btu/ kWh, if the unit is not coal fired for the year, and divided by 1,000,000 Btu/ mmBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the generator will be attributed to each unit in proportion to the unit's share of the total control period heat input of such units for the year;

( B) For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial,

commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy of the steam produced by the DRAFT  12/ 2/ 04 boiler during the control period, divided by 0.8 and by 1,000,000 Btu/ mmBtu; or ( C) For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor,

combustor, and turbine multiplied by 3,414 Btu/ kWh, plus the total heat energy of the steam produced by any associated heat recovery steam generator during the control period multiplied by 0.8, and with the sum divided by 1,000,000 Btu/ mmBtu.

( b)( 1) For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NOX Ozone Season units in the State that have a baseline heat input ( as determined under paragraph ( a) of this section) a total amount of CAIR NOX Ozone Season allowances equal to 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the tons of NOX emissions in the State trading budget under § 96.340 ( except as provided in paragraph ( d) of this section).

( 2) The permitting authority will allocate CAIR NOX Ozone Season allowances to each CAIR NOX Ozone Season unit under paragraph ( b)( 1) of this section in an amount determined by multiplying the total amount of CAIR NOX Ozone Season allowances DRAFT  12/ 2/ 04 allocated under paragraph ( b)( 1) of this section by the ratio of the baseline heat input of such unit to the total amount of baseline heat input of all CAIR NOX Ozone Season units in the State and rounding to the nearest whole allowance as appropriate.

( c) For each control period in 2009 and thereafter, the permitting authority will allocate CAIR NOX Ozone Season allowances to CAIR NOX Ozone Season units in the State that commenced operation on or after January 1, 2001 and do not yet have a baseline heat input ( as determined under paragraph ( a) of this section), in accordance with the following procedures:

( 1) The permitting authority will establish a separate new unit set aside for each control period. Each new unit set aside will be allocated CAIR NOX Ozone Season allowances equal to 5 percent for a control period in 2009 through 2013, and 3 percent for a control period in 2014 and thereafter, of the amount of tons of NOX emissions in the State trading budget under § 96.340.

( 2) The CAIR designated representative of such a CAIR NOX Ozone Season unit may submit to the permitting authority a request, in a format specified by the permitting authority, to be allocated CAIR NOX Ozone Season allowances, starting with the later of the control period in 2009 or the first control period after the control period in which the CAIR NOX Ozone Season unit commences commercial operation and until the first control period for which the unit is allocated CAIR NOX Ozone Season allowances DRAFT  12/ 2/ 04 under paragraph ( b) of this section. The CAIR NOX Ozone Season allowance allocation request must be submitted on or before March 1 of the first control period for which the CAIR NOX Ozone Season allowances are requested and after the date on which the CAIR NOX Ozone Season unit commences commercial operation.

( 3) In a CAIR NOX Ozone Season allowance allocation request under paragraph ( c)( 2) of this section, the CAIR designated representative may request for a control period CAIR NOX Ozone Season allowances in an amount not exceeding the CAIR NOX Ozone Season unit's total tons of NOX emissions during the control period immediately before such control period.

( 4) The permitting authority will review each CAIR NOX Ozone Season allowance allocation request under paragraph ( c)( 2) of this section and will allocate CAIR NOX Ozone Season allowances for each control period pursuant to such request as follows:

( i) The permitting authority will accept an allowance allocation request only if the request meets, or is adjusted by the permitting authority as necessary to meet, the requirements of paragraphs ( c)( 2) and ( 3) of this section.

( ii) On or after March 1 of the control period, the permitting authority will determine the sum of the CAIR NOX Ozone Season allowances requested ( as adjusted under paragraph ( c)( 4)( i) of this section) in all allowance allocation requests accepted under paragraph ( c)( 4)( i) of this section for the DRAFT  12/ 2/ 04 control period.

( iii) If the amount of CAIR NOX Ozone Season allowances in the new unit set aside for the control period is greater than or equal to the sum under paragraph ( c)( 4)( ii) of this section, then the permitting authority will allocate the amount of CAIR NOX Ozone Season allowances requested ( as adjusted under paragraph ( c)( 4)( i) of this section) to each CAIR NOX Ozone Season unit covered by an allowance allocation request accepted under paragraph ( c)( 4)( i) of this section.

( iv) If the amount of CAIR NOX Ozone Season allowances in the new unit set aside for the control period is less than the sum under paragraph ( c)( 4)( ii) of this section, then the permitting authority will allocate to each CAIR NOX Ozone Season unit covered by an allowance allocation request accepted under paragraph ( c)( 4)( i) of this section the amount of the CAIR NOX Ozone Season allowances requested ( as adjusted under paragraph ( c)( 4)( i) of this section), multiplied by the number of CAIR NOX Ozone Season allowances in the new unit set aside for the control period,

divided by the sum determined under paragraph ( c)( 4)( ii) of this section, and rounded to the nearest whole allowance as appropriate.

( v) The permitting authority will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NOX Ozone Season allowances ( if any) DRAFT  12/ 2/ 04 allocated for the control period to the CAIR NOX Ozone Season unit covered by the request.

( d) If, after completion of the procedures under paragraph ( c)( 4) of this section for a control period, any unallocated CAIR NOX Ozone Season allowances remain in the new unit set aside for the control period, the permitting authority will allocate to each CAIR NOX Ozone Season unit that was allocated CAIR NOX Ozone Season allowances under paragraph ( b) of this section an amount of CAIR NOX Ozone Season allowances equal to the total amount of such remaining unallocated CAIR NOX Ozone Season allowances,

multiplied by the unit's allocation under paragraph ( b) of this section, divided by 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the amount of tons of NOX emissions in the State trading budget under § 96.340, and rounded to the nearest whole allowance as appropriate.

Subpart FFFF   CAIR NOX Ozone Season Allowance Tracking System § 96.350 [ Reserved]

§ 96.351 Establishment of accounts.

( a) Compliance accounts. Except as provided in § 96.384( e),

upon receipt of a complete certificate of representation under § 96.313, the Administrator will establish a compliance account for the CAIR NOX Ozone Season source for which the certificate of representation was submitted, unless the source already has a DRAFT  12/ 2/ 04 compliance account.

( b) General accounts.

( 1) Application for general account.

( i) Any person may apply to open a general account for the purpose of holding and transferring CAIR NOX Ozone Season allowances. An application for a general account may designate one and only one CAIR authorized account representative and one and only one alternate CAIR authorized account representative who may act on behalf of the CAIR authorized account representative.

The agreement by which the alternate CAIR authorized account representative is selected shall include a procedure for authorizing the alternate CAIR authorized account representative to act in lieu of the CAIR authorized account representative.

( ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator:

( A) Name, mailing address, e mail address ( if any),

telephone number, and facsimile transmission number ( if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative;

( B) Organization name and type of organization, if applicable;

( C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR DRAFT  12/ 2/ 04 authorized account representative to represent their ownership interest with respect to the allowances held in the general account;

( D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: " I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to allowances held in the general account.

I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NOX Ozone Season Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions,

inactions, or submissions and by any order or decision issued to me by the Administrator or a court regarding the general account."

( E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed.

( iii) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the permitting authority or the Administrator. Neither the DRAFT  12/ 2/ 04 permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

( 2) Authorization of CAIR authorized account representative.

( i) Upon receipt by the Administrator of a complete application for a general account under paragraph ( b)( 1) of this section:

( A) The Administrator will establish a general account for the person or persons for whom the application is submitted.

( B) The CAIR authorized account representative and any alternate CAIR authorized account representative for the general account shall represent and, by his or her representations,

actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CAIR NOX Ozone Season allowances held in the general account in all matters pertaining to the CAIR NOX Ozone Season Trading Program, notwithstanding any agreement between the CAIR authorized account representative or any alternate CAIR authorized account representative and such person. Any such person shall be bound by any order or decision issued to the CAIR authorized account representative or any alternate CAIR authorized account representative by the Administrator or a court regarding the general account.

( C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be DRAFT  12/ 2/ 04 deemed to be a representation, action, inaction, or submission by the CAIR authorized account representative.

( ii) Each submission concerning the general account shall be submitted, signed, and certified by the CAIR authorized account representative or any alternate CAIR authorized account representative for the persons having an ownership interest with respect to CAIR NOX Ozone Season allowances held in the general account. Each such submission shall include the following certification statement by the CAIR authorized account representative or any alternate CAIR authorized account representative: " I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CAIR NOX Ozone Season allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true,

accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

( iii) The Administrator will accept or act on a submission DRAFT  12/ 2/ 04 concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph ( b)( 2)( ii) of this section.

( 3) Changing CAIR authorized account representative and alternate CAIR authorized account representative; changes in persons with ownership interest.

( i) The CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph ( b)( 1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR NOX Ozone Season allowances in the general account.

( ii) The alternate CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph ( b)( 1) of this section.

Notwithstanding any such change, all representations, actions,

inactions, and submissions by the previous alternate CAIR authorized account representative before the time and date when DRAFT  12/ 2/ 04 the Administrator receives the superseding application for a general account shall be binding on the new alternate CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR NOX Ozone Season allowances in the general account.

( iii)( A) In the event a new person having an ownership interest with respect to CAIR NOX Ozone Season allowances in the general account is not included in the list of such persons in the application for a general account, such new person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the CAIR authorized account representative and any alternate CAIR authorized account representative of the account,

and the decisions and orders of the Administrator or a court, as if the new person were included in such list.

( B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NOX Ozone Season allowances in the general account, including the addition of persons, the CAIR authorized account representative or any alternate CAIR authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CAIR NOX Ozone Season allowances in the general account to include the change. DRAFT  12/ 2/ 04 ( 4) Objections concerning CAIR authorized account representative.

( i) Once a complete application for a general account under paragraph ( b)( 1) of this section has been submitted and received,

the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph ( b)( 1) of this section is received by the Administrator.

( ii) Except as provided in paragraph ( b)( 3)( i) or ( ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternative CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternative CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR NOX Ozone Season Trading Program.

( iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation,

action, inaction, or submission of the CAIR authorized account representative or any alternative CAIR authorized account representative for a general account, including private legal DRAFT  12/ 2/ 04 disputes concerning the proceeds of CAIR NOX Ozone Season allowance transfers.

( c) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph ( a) or ( b) of this section.

§ 96.352 Responsibilities of CAIR authorized account representative.

Following the establishment of a CAIR NOX Ozone Season Allowance Tracking System account, all submissions to the Administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CAIR NOX Ozone Season allowances in the account, shall be made only by the CAIR authorized account representative for the account.

§ 96.353 Recordation of CAIR NOX Ozone Season allowance allocations.

( a) By January 1, 2007, the Administrator will record in the CAIR NOX Ozone Season source's compliance account the CAIR NOX Ozone Season allowances allocated for the CAIR NOX Ozone Season units at a source, as submitted by the permitting authority in accordance with § 96.341( a), for the control periods in 2009,

2010, 2011, 2012, 2013, and 2014.

( b) By January 1, 2010, the Administrator will record in the CAIR NOX Ozone Season source's compliance account the CAIR NOX DRAFT  12/ 2/ 04 Ozone Season allowances allocated for the CAIR NOX Ozone Season units at the source, as submitted by the permitting authority or as determined by the Administrator in accordance with § 96.341( b), for the control period in 2015.

( c) By January 1, 2011 and January 1 of each year thereafter, after the Administrator has made all deductions ( if any) from a CAIR NOX Ozone Season source's compliance account under § 96.354, the Administrator will record in the CAIR NOX Ozone Season source's compliance account the CAIR NOX Ozone Season allowances allocated for the CAIR NOX Ozone Season units at the source, as submitted by the permitting authority or determined by the Administrator in accordance with § 96.341( b), for the control period in the sixth year after the year of the control period for which such deductions were or could have been made.

( d) By October 1, 2009 and October 1 of each year thereafter, the Administrator will record in the CAIR NOX Ozone Season source's compliance account the CAIR NOX Ozone Season allowances allocated for the CAIR NOX Ozone Season units at the source, as submitted by the permitting authority or determined by the Administrator in accordance with § 96.341( c), for the control period in the year of the applicable deadline for recordation under this paragraph.

( e) Serial numbers for allocated CAIR NOX Ozone Season allowances. When recording the allocation of CAIR NOX Ozone DRAFT  12/ 2/ 04 Season allowances for a CAIR NOX Ozone Season unit in a compliance account, the Administrator will assign each CAIR NOX Ozone Season allowance a unique identification number that will include digits identifying the year of the control period for which the CAIR NOX Ozone Season allowance is allocated.

§ 96.354 Compliance with CAIR NOX Ozone Season emissions limitation.

( a) Allowance transfer deadline. The CAIR NOX Ozone Season allowances are available to be deducted for compliance with a source's CAIR NOX Ozone Season emissions limitation for a control period in a given calendar year only if the CAIR NOX Ozone Season allowances:

( 1) Were allocated for the control period in the year or a prior year;

( 2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR NOX Ozone Season allowance transfer correctly submitted for recordation under § 96.360 by the allowance transfer deadline for the control period; and ( 3) Are not necessary for deductions for excess emissions for a prior control period under paragraph ( d) of this section.

( b) Deductions for compliance. Following the recordation, in accordance with § 96.361, of CAIR NOX Ozone Season allowance transfers submitted for recordation in a source's compliance DRAFT  12/ 2/ 04 account by the allowance transfer deadline for a control period,

the Administrator will deduct from the compliance account CAIR NOX Ozone Season allowances available under paragraph ( a) of this section in order to determine whether the source meets the CAIR NOX Ozone Season emissions limitation for the control period, as follows:

( 1) Until the amount of CAIR NOX Ozone Season allowances deducted equals the number of tons of total nitrogen oxides emissions, determined in accordance with subpart HHHH of this part, from all CAIR NOX Ozone Season units at the source for the control period; or ( 2) If there are insufficient CAIR NOX Ozone Season allowances to complete the deductions in paragraph ( b)( 1) of this section, until no more CAIR NOX Ozone Season allowances available under paragraph ( a) of this section remain in the compliance account.

( c)( 1) Identification of CAIR NOX Ozone Season allowances by serial number. The CAIR authorized account representative for a source's compliance account may request that specific CAIR NOX Ozone Season allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with paragraph ( b) or ( d) of this section. Such request shall be submitted to the Administrator by the allowance transfer deadline for the control DRAFT  12/ 2/ 04 period and include, in a format prescribed by the Administrator,

the identification of the CAIR NOX Ozone Season source and the appropriate serial numbers.

( 2) First in, first out. The Administrator will deduct CAIR NOX Ozone Season allowances under paragraph ( b) or ( d) of this section from the source's compliance account, in the absence of an identification or in the case of a partial identification of CAIR NOX Ozone Season allowances by serial number under paragraph ( c)( 1) of this section, on a first in, first out ( FIFO)

accounting basis in the following order:

( i) Any CAIR NOX Ozone Season allowances that were allocated to the units at the source, in the order of recordation; and then ( ii) Any CAIR NOX Ozone Season allowances that were allocated to any unit and transferred and recorded in the compliance account pursuant to subpart GG of this part, in the order of recordation.

( d) Deductions for excess emissions.

( 1) After making the deductions for compliance under paragraph ( b) of this section for a control period in a calendar year in which the CAIR NOX Ozone Season source has excess emissions, the Administrator will deduct from the source's compliance account an amount of CAIR NOX Ozone Season allowances,

allocated for the control period in the immediately following calendar year, equal to 3 times the number of tons of the DRAFT  12/ 2/ 04 source's excess emissions.

( 2) Any allowance deduction required under paragraph ( d)( 1)

of this section shall not affect the liability of the owners and operators of the CAIR NOX Ozone Season source or the CAIR NOX Ozone Season units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy,

for the same violations, as ordered under the Clean Air Act or applicable State law.

( e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraph ( b) or ( d) of this section.

( f) Administrator's action on submissions.

( 1) The Administrator may review and conduct independent audits concerning any submission under the CAIR NOX Ozone Season Trading Program and make appropriate adjustments of the information in the submissions.

( 2) The Administrator may deduct CAIR NOX Ozone Season allowances from or transfer CAIR NOX Ozone Season allowances to a source's compliance account based on the information in the submissions, as adjusted under paragraph ( f)( 1) of this section.

§ 96.355 Banking.

( a) CAIR NOX Ozone Season allowances may be banked for future use or transfer in a compliance account or a general account in accordance with paragraph ( b) of this section. DRAFT  12/ 2/ 04 ( b) Any CAIR NOX Ozone Season allowance that is held in a compliance account or a general account will remain in such account unless and until the CAIR NOX Ozone Season allowance is deducted or transferred under § 96.354, § 96.356, or subpart GG of this part.

§ 96.356 Account error.

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

§ 96.357 Closing of general accounts.

( a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under § 96.360 for any CAIR NOX Ozone Season allowances in the account to one or more other CAIR NOX Ozone Season Allowance Tracking System accounts.

( b) If a general account has no allowance transfers in or out of the account for a 12 month period or longer and does not contain any CAIR NOX Ozone Season allowances, the Administrator may notify the CAIR authorized account representative for the account that the account will be closed following 20 business days after the notice is sent. The account will be closed after DRAFT  12/ 2/ 04 the 20 day period unless, before the end of the 20 day period,

the Administrator receives a correctly submitted transfer of CAIR NOX Ozone Season allowances into the account under § 96.360 or a statement submitted by the CAIR authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed.

Subpart GGGG   CAIR NOX Ozone Season Allowance Transfers § 96.360 Submission of CAIR NOX Ozone Season allowance transfers.

A CAIR authorized account representative seeking recordation of a CAIR NOX Ozone Season allowance transfer shall submit the transfer to the Administrator. To be considered correctly submitted, the CAIR NOX Ozone Season allowance transfer shall include the following elements, in a format specified by the Administrator:

( a) The account numbers for both the transferor and transferee accounts;

( b) The serial number of each CAIR NOX Ozone Season allowance that is in the transferor account and is to be transferred; and ( c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed.

§ 96.361 EPA recordation.

( a) Within 5 business days ( except as provided in paragraph ( b) of this section) of receiving a CAIR NOX Ozone Season allowance transfer, the Administrator will record a CAIR NOX Ozone DRAFT  12/ 2/ 04 Season allowance transfer by moving each CAIR NOX Ozone Season allowance from the transferor account to the transferee account as specified by the request, provided that:

( 1) The transfer is correctly submitted under § 96.360; and ( 2) The transferor account includes each CAIR NOX Ozone Season allowance identified by serial number in the transfer.

( b) A CAIR NOX Ozone Season allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR NOX Ozone Season allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under § 96.354 for the control period immediately before such allowance transfer deadline.

( c) Where a CAIR NOX Ozone Season allowance transfer submitted for recordation fails to meet the requirements of paragraph ( a) of this section, the Administrator will not record such transfer.

§ 96.362 Notification.

( a) Notification of recordation. Within 5 business days of recordation of a CAIR NOX Ozone Season allowance transfer under § 96.361, the Administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts.

( b) Notification of non recordation. Within 10 business DRAFT  12/ 2/ 04 days of receipt of a CAIR NOX Ozone Season allowance transfer that fails to meet the requirements of § 96.361( a), the Administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of:

( 1) A decision not to record the transfer, and ( 2) The reasons for such non recordation.

( c) Nothing in this section shall preclude the submission of a CAIR NOX Ozone Season allowance transfer for recordation following notification of non recordation.

Subpart HHHH   Monitoring and Reporting § 96.370 General Requirements.

The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NOX Ozone Season unit,

shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and in subpart H of part 75 of this chapter. For purposes of complying with such requirements, the definitions in § 96.302 and in § 72.2 of this chapter shall apply, and the terms " affected unit," " designated representative," and " continuous emission monitoring system" ( or " CEMS") in part 75 of this chapter shall be deemed to refer to the terms " CAIR NOX Ozone Season unit," " CAIR designated representative," and " continuous emission monitoring system" ( or " CEMS") respectively, as defined in § 96.302. The owner or operator of a unit that is not a CAIR NOX Ozone Season unit but DRAFT  12/ 2/ 04 that is monitored under § 75.72( b)( 2)( ii) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR NOX Ozone Season unit.

( a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR NOX Ozone Season unit shall:

( 1) Install all monitoring systems required under this subpart for monitoring NOX mass emissions and individual unit heat input ( including all systems required to monitor NOX emission rate, NOX concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, and fuel flow rate, as applicable, in accordance with § § 75.71 and 75.72 of this chapter);

( 2) Successfully complete all certification tests required under § 96.371 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph ( a)( 1) of this section; and ( 3) Record, report, and quality assure the data from the monitoring systems under paragraph ( a)( 1) of this section.

( b) Compliance deadlines. The owner or operator shall meet the monitoring system certification and other requirements of paragraphs ( a)( 1) and ( 2) of this section on or before the following dates. The owner or operator shall record, report, and quality assure the data from the monitoring systems under DRAFT  12/ 2/ 04 paragraph ( a)( 1) of this section on and after the following dates.

( 1) For the owner or operator of a CAIR NOX Ozone Season unit that commences commercial operation before July 1, 2007, by May 1, 2008.

( 2) For the owner or operator of a CAIR NOX Ozone Season unit that commences commercial operation on or after July 1, 2007 and that reports on an annual basis under § 96.374( d), by the later of the following dates:

( i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or ( ii) May 1, 2008, if the compliance date under paragraph ( b)( 2)( i) is before May 1, 2008.

( 3) For the owner or operator of a CAIR NOX Ozone Season unit that commences operation on or after July 1, 2007 and that reports on a control period basis under § 96.374( d)( 2)( ii), by the later of the following dates:

( i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or ( ii) If the compliance date under paragraph ( b)( 3)( i) is not during a control period, May 1 immediately following the compliance date under paragraph ( b)( 3)( i). DRAFT  12/ 2/ 04 ( 4) For the owner or operator of a CAIR NOX Ozone Season unit for which construction of a new stack or flue or installation of add on NOX emission controls is completed after the applicable deadline under paragraph ( b)( 1),( 2), ( 6), or ( 7) of this section and that reports on an annual basis under § 96.374( d), by 90 unit operating days or 180 calendar days, whichever occurs first,

after the date on which emissions first exit to the atmosphere through the new stack or flue or add on NOX emissions controls.

( 5) For the owner or operator of a CAIR NOX Ozone Season unit for which construction of a new stack or flue or installation of add on NOX emission controls is completed after the applicable deadline under paragraph ( b)( 1), ( 3), ( 6), or ( 7) of this section and that reports on a control period basis under § 96.374( d)( 2)( ii), by the later of the following dates:

( i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add on NOX emissions controls; or ( ii) If the compliance date under paragraph ( b)( 5)( i) of this section is not during a control period, May 1 immediately following the compliance date under paragraph ( b)( 5)( i) of this section.

( 6) Notwithstanding the dates in paragraphs ( b)( 1),( 2), and ( 3) of this section, for the owner or operator of a unit for DRAFT  12/ 2/ 04 which a CAIR NOX Ozone Season opt in permit application is submitted and not withdrawn and a CAIR opt in permit is not yet issued or denied under subpart IIII of this part, by the date specified in § 96.384( b).

( 7) Notwithstanding the dates in paragraphs ( b)( 1), ( 2), and ( 3) of this section and solely for purposes of § 96.306( c)( 2),

for the owner or operator of a CAIR NOX Ozone Season opt in unit,

by the date on which the CAIR NOX Ozone Season opt in unit enters the CAIR NOX Ozone Season Trading Program as provided in § 96.384( h).

( c) Reporting data.

( 1) Except as provided in paragraph ( c)( 2) of this section,

the owner or operator of a CAIR NOX Ozone Season unit that does not meet the applicable compliance date set forth in paragraph ( b) of this section for any monitoring system under paragraph ( a)( 1) of this section shall, for each such monitoring system,

determine, record, and report maximum potential ( or, as appropriate, minimum potential) values for NOX concentration, NOX emission rate, stack gas flow rate, stack gas moisture content,

fuel flow rate, and any other parameters required to determine NOX mass emissions and heat input in accordance with § 75.31( b)( 2) or ( c)( 3) of this chapter, section 2.4 of appendix D to part 75 of this chapter, or section 2.5 of appendix E to part 75 of this chapter, as applicable. DRAFT  12/ 2/ 04 ( 2) The owner or operator of a CAIR NOX unit that does not meet the applicable compliance date set forth in paragraph ( b)( 3)

of this section for any monitoring system under paragraph ( a)( 1)

of this section shall, for each such monitoring system,

determine, record, and report substitute data using the applicable missing data procedures in subpart D or subpart H of,

or appendix D or appendix E to, part 75 of this chapter, in lieu of the maximum potential ( or, as appropriate, minimum potential)

values, for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under paragraph ( b)( 3) of this section.

( d) Prohibitions ( 1) No owner or operator of a CAIR NOX Ozone Season unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with § 96.375.

( 2) No owner or operator of a CAIR NOX Ozone Season unit shall operate the unit so as to discharge, or allow to be discharged, NOX emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter.

( 3) No owner or operator of a CAIR NOX Ozone Season unit DRAFT  12/ 2/ 04 shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOX mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subpart and part 75 of this chapter.

( 4) No owner or operator of a CAIR NOX Ozone Season unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:

( i) During the period that the unit is covered by an exemption under § 96.305 that is in effect;

( ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the permitting authority for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or ( iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued DRAFT  12/ 2/ 04 monitoring system in accordance with § 96.371( d)( 3)( i).

§ 96.371 Initial certification and recertification procedures.

( a) The owner or operator of a CAIR NOX Ozone Season unit shall be exempt from the initial certification requirements of this section for a monitoring system under § 96.370( a)( 1) if the following conditions are met:

( 1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and ( 2) The applicable quality assurance and quality control requirements of § 75.21 of this chapter and appendix B, appendix D, and appendix E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph ( a)( 1) of this section.

( b) The recertification provisions of this section shall apply to a monitoring system under § 96.370( a)( 1) exempt from initial certification requirements under paragraph ( a) of this section.

( c) If the Administrator has previously approved a petition under § 75.17( a) or ( b) of this chapter for apportioning the NOX emission rate measured in a common stack or a petition under § 75.66 of this chapter for an alternative to a requirement in § 75.12, § 75.17, or subpart H of part 75 of this chapter, the CAIR designated representative shall resubmit the petition to the Administrator under § 96.375( a) to determine whether the approval DRAFT  12/ 2/ 04 applies under the CAIR NOX Ozone Season Trading Program.

( d) Except as provided in paragraph ( a) of this section, the owner or operator of a CAIR NOX Ozone Season unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system ( i. e., a continuous emission monitoring system and an excepted monitoring system under appendices D and E to part 75 of this chapter) under § 96.370( a)( 1). The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under § 75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph ( e) or ( f) of this section respectively.

( 1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 96.370( a)( 1)( including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under § 75.20 of this chapter by the applicable deadline in § 96.370( b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.

( 2) Requirements for recertification. Whenever the owner DRAFT  12/ 2/ 04 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 96.370( a)( 1) that may significantly affect the ability of the system to accurately measure or record NOX mass emissions or heat input rate or to meet the quality assurance and quality control requirements of § 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with § 75.20( b) of this chapter.

Furthermore, whenever the owner or operator makes a replacement,

modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with § 75.20( b)

of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include:

replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter systems, and any excepted NOX monitoring system under appendix E to part 75 of this chapter, under § 96.370( a)( 1) are subject to the recertification requirements in § 75.20( g)( 6) of this chapter.

( 3) Approval process for initial certification and DRAFT  12/ 2/ 04 recertification. Paragraphs ( d)( 3)( i) through ( iv) of this section apply to both initial certification and recertification of a continuous monitoring system under § 96.370( a)( 1). For recertifications, replace the words " certification" and " initial certification" with the word " recertification", replace the word " certified" with the word " recertified," and follow the procedures in § § 75.20( b)( 5) and ( g)( 7) of this chapter in lieu of the procedures in paragraph ( d)( 3)( v) of this section.

( i) Notification of certification. The CAIR designated representative shall submit to the permitting authority, the appropriate EPA Regional Office, and the Administrator written notice of the dates of certification testing, in accordance with § 96.373.

( ii) Certification application. The CAIR designated representative shall submit to the permitting authority a certification application for each monitoring system. A complete certification application shall include the information specified in § 75.63 of this chapter.

( iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with § 75.20( a)( 3) of this chapter. A provisionally certified monitoring system may be used under the CAIR NOX Ozone Season Trading Program for a period not to exceed 120 days after receipt by the permitting authority of the complete certification DRAFT  12/ 2/ 04 application for the monitoring system under paragraph ( d)( 3)( ii)

of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid qualityassured data ( retroactive to the date and time of provisional certification), provided that the permitting authority does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the permitting authority.

( iv) Certification application approval process. The permitting authority will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph ( d)( 3)( ii) of this section. In the event the permitting authority does not issue such a notice within such 120 day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR NOX Ozone Season Trading Program.

( A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter,

then the permitting authority will issue a written notice of approval of the certification application within 120 days of DRAFT  12/ 2/ 04 receipt.

( B) Incomplete application notice. If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the CAIR designated representative must submit the additional information required to complete the certification application. If the CAIR designated representative does not comply with the notice of incompleteness by the specified date,

then the permitting authority may issue a notice of disapproval under paragraph ( d)( 3)( iv)( C) of this section. The 120 day review period shall not begin before receipt of a complete certification application.

( C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph ( d)( 3)( iv)( B) of this section is met, then the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality assured data beginning with the date and hour of provisional certification ( as defined under § 75.20( a)( 3) of this DRAFT  12/ 2/ 04 chapter). The owner or operator shall follow the procedures for loss of certification in paragraph ( d)( 3)( v) of this section for each monitoring system that is disapproved for initial certification.

( D) Audit decertification. The permitting authority or, for a CAIR NOX Ozone Season opt in unit or a unit for which a CAIR opt in permit application is submitted and not withdrawn and a CAIR opt in permit is not yet issued or denied under subpart IIII of this part, the Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 96.372( b).

( v) Procedures for loss of certification. If the permitting authority or the Administrator issues a notice of disapproval of a certification application under paragraph ( d)( 3)( iv)( C) of this section or a notice of disapproval of certification status under paragraph ( d)( 3)( iv)( D) of this section, then:

( A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20( a)( 4)( iii), § 75.20( b)( 5), § 75.20( g)( 7), or § 75.21( e)

of this chapter and continuing until the applicable date and hour specified under § 75.20( a)( 5)( i) or ( g)( 7) of this chapter:

( 1) For a disapproved NOX emission rate ( i. e., NOX diluent)

system, the maximum potential NOX emission rate, as defined in § DRAFT  12/ 2/ 04 72.2 of this chapter.

( 2) For a disapproved NOX pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of NOX and the maximum potential flow rate, as defined in sections <IP_ADDRESS> and <IP_ADDRESS> of appendix A to part 75 of this chapter.

( 3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO2 concentration or the minimum potential O2 concentration ( as applicable), as defined in sections <IP_ADDRESS>,

and <IP_ADDRESS>, and 2.1.5 of appendix A to part 75 of this chapter.

( 4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section <IP_ADDRESS> of appendix D to part 75 of this chapter.

( 5) For a disapproved excepted NOX monitoring system under appendix E to part 75 of this chapter, the fuel specific maximum potential NOX emission rate, as defined in § 72.2 of this chapter.

( B) The CAIR designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs ( d)( 3)( i)

and ( ii) of this section.

( C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring DRAFT  12/ 2/ 04 system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

( e) Initial certification and recertification procedures for units using the low mass emission excepted methodology under § 75.19 of this chapter. The owner or operator of a unit qualified to use the low mass emissions ( LME) excepted methodology under § 75.19 of this chapter shall meet the applicable certification and recertification requirements in § § 75.19( a)( 2) and 75.20( h) of this chapter. If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in § 75.20( g) of this chapter.

( f) Certification/ recertification procedures for alternative monitoring systems. The CAIR designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and,

if applicable, the permitting authority under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20( f) of this chapter.

§ 96.372 Out of control periods.

( a) Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data DRAFT  12/ 2/ 04 validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.

( b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 96.371 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the permitting authority or, for a CAIR NOX Ozone Season opt in unit or a unit for which a CAIR opt in permit application is submitted and not withdrawn and a CAIR opt in permit is not yet issued or denied under subpart IIII of this part, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the permitting authority or the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be DRAFT  12/ 2/ 04 considered valid quality assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 96.371 for each disapproved monitoring system.

§ 96.373 Notifications.

The CAIR designated representative for a CAIR NOX Ozone Season unit shall submit written notice to the permitting authority and the Administrator in accordance with § 75.61 of this chapter, except that if the unit is not subject to an Acid Rain emissions limitation, the notification is only required to be sent to the permitting authority.

§ 96.374 Recordkeeping and reporting.

( a) General provisions. The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 96.310( e)( 1).

( b) Monitoring Plans. The owner or operator of a CAIR NOX Ozone Season unit shall comply with requirements of § 75.73( c)

and ( e) of this chapter and, for a unit for which a CAIR opt in permit application is submitted and not withdrawn and a CAIR opt DRAFT  12/ 2/ 04 in permit is not yet issued or denied under subpart IIII of this part, § § 96.383 and 96.384( a).

( c) Certification Applications. The CAIR designated representative shall submit an application to the permitting authority within 45 days after completing all initial certification or recertification tests required under § 96.371,

including the information required under § 75.63 of this chapter.

( d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows:

( 1) If the CAIR NOX Ozone Season unit is subject to an Acid Rain emissions limitation or a CAIR NOX emissions limitation or if the owner or operator of such unit chooses to report on an annual basis under this subpart, the CAIR designated representative shall meet the requirements of subpart H of part 75 of this chapter ( concerning monitoring of NOX mass emissions) for such unit for the entire year and shall report the NOX mass emissions data and heat input data for such unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

( i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008; or ( ii) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the DRAFT  12/ 2/ 04 earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370( b),

unless that quarter is the third or fourth quarter of 2007, in which case reporting shall commence in the quarter covering May 1, 2008 through June 30, 2008.

( 2) If the CAIR NOX Ozone Season unit is not subject to an Acid Rain emissions limitation or a CAIR NOX emissions limitation,

then the CAIR designated representative shall either:

( i) Meet the requirements of subpart H of part 75 ( concerning monitoring of NOX mass emissions) for such unit for the entire year and report the NOX mass emissions data and heat input data for such unit in accordance with paragraph ( d)( 1) of this section; or ( ii) Meet the requirements of subpart H of part 75 for the control period ( including the requirements in § 75.74( c) of this chapter) and report NOX mass emissions data and heat input data ( including the data described in § 75.74( c)( 6) of this chapter)

for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

( A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

( B) For a unit that commences commercial operation on or DRAFT  12/ 2/ 04 after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370( b),

unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date.

( 2) The CAIR designated representative shall submit each quarterly report to the Administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73( f)

of this chapter.

( 3) For CAIR NOX Ozone Season units that are also subject to an Acid Rain emissions limitation or the CAIR NOX Annual Trading Program or CAIR SO2 Trading Program, quarterly reports shall include the applicable data and information required by subparts F through H of part 75 of this chapter as applicable, in addition to the NOX mass emission data, heat input data, and other information required by this subpart.

( e) Compliance certification. The CAIR designated representative shall submit to the Administrator a compliance certification ( in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The DRAFT  12/ 2/ 04 certification shall state that:

( 1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications;

( 2) For a unit with add on NOX emission controls and for all hours where NOX data are substituted in accordance with § 75.34( a)( 1) of this chapter, the add on emission controls were operating within the range of parameters listed in the quality assurance/ quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate NOX emissions; and ( 3) For a unit that is reporting on a control period basis under paragraph ( d)( 2)( ii) of this section, the NOX emission rate and NOX concentration values substituted for missing data under subpart D of part 75 of this chapter are calculated using only values from a control period and do not systematically underestimate NOX emissions.

§ 96.375 Petitions.

( a) Except as provided in paragraph ( b)( 2) of this section,

the CAIR designated representative of a CAIR NOX Ozone Season unit that is subject to an Acid Rain emissions limitation may submit a petition under § 75.66 of this chapter to the Administrator requesting approval to apply an alternative to any requirement of DRAFT  12/ 2/ 04 this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator, in consultation with the permitting authority.

( b)( 1) The CAIR designated representative of a CAIR NOX Ozone Season unit that is not subject to an Acid Rain emissions limitation may submit a petition under § 75.66 of this chapter to the permitting authority and the Administrator requesting approval to apply an alternative to any requirement of this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by both the permitting authority and the Administrator.

( 2) The CAIR designated representative of a CAIR NOX Ozone Season unit that is subject to an Acid Rain emissions limitation may submit a petition under § 75.66 of this chapter to the permitting authority and the Administrator requesting approval to apply an alternative to a requirement concerning any additional continuous emission monitoring system required under § 75.72 of this chapter. Application of an alternative to any such requirement is in accordance with this subpart only to the extent that the petition is approved in writing by both the permitting authority and the Administrator.

§ 96.376 Additional Requirements to Provide Heat Input Data. DRAFT  12/ 2/ 04 The owner or operator of a CAIR NOX Ozone Season unit that monitors and reports NOX mass emissions using a NOX concentration system and a flow system shall also monitor and report heat input rate at the unit level using the procedures set forth in part 75 of this chapter.

Subpart II  CAIR NOX Ozone Season Opt in Units § 96.380 Applicability.

A CAIR NOX Ozone Season opt in unit must be a unit that:

( a) Is located in the State;

( b) Is not a CAIR NOX Ozone Season unit under § 96.304 and is not covered by a retired unit exemption under § 96.305 that is in effect;

( c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;

( d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and ( e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHHH of this part.

§ 96.381 General.

( a) Except as otherwise provided in § § 96.301 through 96.304, § § 96.306 through 96.308, and subparts BBBB and CCCC and subparts FFFF through HHHH of this part, a CAIR NOX Ozone Season opt in unit shall be treated as a CAIR NOX Ozone Season unit for DRAFT  12/ 2/ 04 purposes of applying such sections and subparts of this part.

( b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHHH of this part to a unit for which a CAIR opt in permit application is submitted and not withdrawn and a CAIR opt in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR NOX Ozone Season unit before issuance of a CAIR opt in permit for such unit.

§ 96.382 CAIR designated representative.

Any CAIR NOX Ozone Season opt in unit, and any unit for which a CAIR opt in permit application is submitted and not withdrawn and a CAIR opt in permit is not yet issued or denied under this subpart, located at the same source as one or more CAIR NOX Ozone Season units shall have the same CAIR designated representative and alternate CAIR designated representative as such CAIR NOX Ozone Season units.

§ 96.383 Applying for CAIR opt in permit.

( a) Applying for initial CAIR opt in permit. The CAIR designated representative of a unit meeting the requirements for a CAIR NOX Ozone Season opt in unit in § 96.380 may apply for an initial CAIR opt in permit at any time, except as provided under § 96.386 ( f) and ( g), and, in order to apply, must submit the following:

( 1) A complete CAIR permit application under § 96.322; DRAFT  12/ 2/ 04 ( 2) A certification, in a format specified by the permitting authority, that the unit:

( i) Is not a CAIR NOX Ozone Season unit under § 96.304 and is not covered by a retired unit exemption under § 96.305 that is in effect;

( ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;

( iii) Vents all of its emissions to a stack; and ( iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 96.322;

( 3) A monitoring plan in accordance with subpart HHHH of this part;

( 4) A complete certificate of representation under § 96.313 consistent with § 96.382, if no CAIR designated representative has been previously designated for the source that includes the unit; and ( 5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NOX Ozone Season allowances under § 96.388( c) ( subject to the conditions in § § 96.384( h) and 96.386( g)).

( b) Duty to reapply. ( 1) The CAIR designated representative of a CAIR NOX Ozone Season opt in unit shall submit a complete DRAFT  12/ 2/ 04 CAIR permit application under § 96.322 to renew the CAIR opt in unit permit in accordance with the permitting authority's regulations for title V operating permits, or the permitting authority's regulations for other federally enforceable permits if applicable, addressing permit renewal.

( 2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR opt in unit from the CAIR NOX Annual Trading Program in accordance with § 96.186 or the unit becomes a CAIR NOX unit under § 96.104, the CAIR NOX opt in unit shall remain subject to the requirements for a CAIR NOX opt in unit, even if the CAIR designated representative for the CAIR NOX opt in unit fails to submit a CAIR permit application that is required for renewal of the CAIR opt in permit under paragraph ( b)( 1) of this section.

§ 96.384 Opt in process.

The permitting authority will issue or deny a CAIR opt in permit for a unit for which an initial application for a CAIR opt in permit under § 96.383 is submitted in accordance with the following:

( a) Interim review of monitoring plan. The permitting authority and the Administrator will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a CAIR opt in permit under § 96.383. A monitoring plan is sufficient, for purposes of interim review, if DRAFT  12/ 2/ 04 the plan appears to contain information demonstrating that the NOX emissions rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with subpart HHHH of this part. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.

( b) Monitoring and reporting. ( 1)( i) If the permitting authority and the Administrator determine that the monitoring plan is sufficient under paragraph ( a) of this section, the owner or operator shall monitor and report the NOX emissions rate and the heat input of the unit emissions rate and the heat input of the unit and all other applicable parameters, in accordance with subpart HHHH of this part, starting on the date of certification of the appropriate monitoring systems under subpart HHHH of this part and continuing until a CAIR opt in permit is denied under § 96.384( f) or, if a CAIR opt in permit is issued, the date and time when the unit is withdrawn from the CAIR NOX Ozone Season Trading Program in accordance with § 96.386.

( ii) The monitoring and reporting under paragraph ( b)( 1)( i)

of this section shall include the entire control period immediately before the date on which the unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g), during which period monitoring system availability must not be less than 90 percent under subpart HHHH of this part and the unit must be in DRAFT  12/ 2/ 04 full compliance with any applicable State or Federal emissions or emissions related requirements.

( 2) To the extent the NOX emissions rate and the heat input of the unit are monitored and reported in accordance with subpart HHHH of this part for one or more control periods, in addition to the control period under paragraph ( b)( 1)( ii) of this section,

during which control periods monitoring system availability is not less than 90 percent under subpart HHHH of this part and the unit is in full compliance with any applicable State or Federal emissions or emissions related requirements and which control periods begin not more than 3 years before the unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g), such information shall be used as provided in paragraphs ( c) and ( d)

of this section.

( c) Baseline heat input. The unit's baseline heat rate shall equal:

( 1) If the unit's NOX emissions rate and heat input are monitored and reported for only one control period, in accordance with paragraph ( b)( 1) of this section, the unit's total heat input ( in mmBtu) for the control period; or ( 2) If the unit's NOX emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs ( b)( 1) and ( 2) of this section, the average of the amounts of the unit's total heat input ( in mmBtu) DRAFT  12/ 2/ 04 for the control period under paragraph ( b)( 1)( ii) of this section and the control periods under paragraph ( b)( 2) of this section.

( d) Baseline NOX emission rate. The unit's baseline NOX emission rate shall equal:

( 1) If the unit's NOX emissions rate and heat input are monitored and reported for only one control period, in accordance with paragraph ( b)( 1) of this section, the unit's NOX emissions rate ( in lb/ mmBtu) for the control period;

( 2) If the unit's NOX emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs ( b)( 1) and ( 2) of this section, and the unit does not have add on NOX emission controls during any such control periods, the average of the amounts of the unit's NOX emissions rate ( in lb/ mmBtu) for the control period under paragraph ( b)( 1)( ii) of this section and the control periods under paragraph ( b)( 2) of this section; or ( 3) If the unit's NOX emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs ( b)( 1) and ( 2) of this section, and the unit has add on NOX emission controls during any such control periods, the average of the amounts of the unit's NOX emissions rate ( in lb/ mmBtu) for such control period during which the unit has add on NOX emission controls.

( e) Issuance of CAIR opt in permit. After calculating the DRAFT  12/ 2/ 04 baseline heat input and the baseline NOX emissions rate for the unit under paragraphs ( c) and ( d) of this section and if the permitting authority determines that the CAIR designated representative shows that the unit meets the requirements for a CAIR NOX Ozone Season opt in unit in § 96.380 and meets the elements certified in § 96.383( a)( 2), the permitting authority will issue a CAIR opt in permit. The permitting authority will provide a copy of the CAIR opt in permit to the Administrator,

who will then establish a compliance account for the source that includes the CAIR NOX Ozone Season opt in unit unless the source already has a compliance account.

( f) Issuance of denial of CAIR opt in permit.

Notwithstanding paragraphs ( a) through ( e) of this section, if at any time before issuance of a CAIR opt in permit for the unit,

the permitting authority determines that the CAIR designated representative fails to show that the unit meets the requirements for a CAIR NOX Ozone Season opt in unit in § 96.380 or meets the elements certified in § 96.383( a)( 2), the permitting authority will issue a denial of a CAIR opt in permit for the unit.

( g) Date of entry into CAIR NOX Ozone Season Trading Program.

A unit for which an initial CAIR opt in permit is issued by the permitting authority shall become a CAIR NOX Ozone Season opt in unit, and a CAIR NOX Ozone Season unit, as of the later of January 1, 2009 or January 1 of the first control period during which DRAFT  12/ 2/ 04 such CAIR opt in permit is issued.

( h) Repowered CAIR NOX Ozone Season opt in unit. ( 1) If CAIR designated representative requests, and the permitting authority issues a CAIR opt in permit providing for, allocation to a CAIR NOX Ozone Season opt in unit of CAIR NOX Ozone Season allowances under § 96.388( c) and such unit is repowered after its date of entry into the CAIR NOX Ozone Season Trading Program under paragraph ( g) of this section, the repowered unit shall be treated as a CAIR NOX Ozone Season opt in unit replacing the original CAIR NOX Ozone Season opt in unit, as of the date of start up of the repowered unit's combustion chamber.

( 2) Notwithstanding paragraphs ( c) and ( d) of this section,

as of the date of start up under paragraph ( h)( 1) of this section, the repowered unit shall be deemed to have the same date of commencement of operation, date of commencement of commercial operation, baseline heat input, and baseline NOX emission rate as the original CAIR NOX Ozone Season opt in unit, and the original CAIR NOX Ozone Season opt in unit shall no longer be treated as a CAIR opt in unit or a CAIR NOX Ozone Season unit.

§ 96.385 CAIR opt in permit contents.

( a) Each CAIR opt in permit will contain:

( 1) All elements required for a complete CAIR permit application under § 96.322;

( 2) The certification in § 96.383( a)( 2); DRAFT  12/ 2/ 04 ( 3) The unit's baseline heat input under § 96.384( c);

( 4) The unit's baseline NOX emission rate under § 96.384( d);

( 5) A statement whether the unit is to be allocated CAIR NOX Ozone Season allowances under § 96.388( c) ( subject to the conditions in § § 96.384( h) and 96.386( g));

( 6) A statement that the unit may withdraw from the CAIR NOX Ozone Season Trading Program only in accordance with § 96.386;

and ( 7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 96.387.

( b) Each CAIR opt in permit is deemed to incorporate automatically the definitions of terms under § 96.302 and, upon recordation by the Administrator under subpart FFFF or GGGG of this part or this subpart, every allocation, transfer, or deduction of CAIR NOX Ozone Season allowances to or from the compliance account of the source that includes a CAIR NOX Ozone Season opt in unit covered by the CAIR opt in permit.

§ 96.386 Withdrawal from CAIR NOX Ozone Season Trading Program.

Except as provided under paragraph ( g) of this section, a CAIR NOX Ozone Season opt in unit may withdraw from the CAIR NOX Ozone Season Trading Program, but only if the permitting authority issues a notification to the CAIR designated representative of the CAIR NOX Ozone Season opt in unit of the acceptance of the DRAFT  12/ 2/ 04 withdrawal of the CAIR NOX Ozone Season opt in unit in accordance with paragraph ( d) of this section.

( a) Requesting withdrawal. In order to withdraw a CAIR optin unit from the CAIR NOX Ozone Season Trading Program, the CAIR designated representative of the CAIR NOX Ozone Season opt in unit shall submit to the permitting authority a request to withdraw effective as of midnight of September 30 of a specified calendar year, which date must be at least 4 years after December 31 of the year of entry into the CAIR NOX Ozone Season Trading Program under § 96.384( g). The request must be submitted no later than 90 days before the requested effective date of withdrawal.

( b) Conditions for withdrawal. Before a CAIR NOX Ozone Season opt in unit covered by a request under paragraph ( a) of this section may withdraw from the CAIR NOX Ozone Season Trading Program and the CAIR opt in permit may be terminated under paragraph ( e) of this section, the following conditions must be met:

( 1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NOX Ozone Season opt in unit must meet the requirement to hold CAIR NOX Ozone Season allowances under § 96.306( c) and cannot have any excess emissions.

( 2) After the requirement for withdrawal under paragraph ( b)( 1) of this section is met, the Administrator will deduct from DRAFT  12/ 2/ 04 the compliance account of the source that includes the CAIR NOX Ozone Season opt in unit CAIR NOX Ozone Season allowances equal in number to and allocated for the same or a prior control period as any CAIR NOX Ozone Season allowances allocated to the CAIR NOX Ozone Season opt in unit under § 96.388 for any control period for which the withdrawal is to be effective. If there are no remaining CAIR NOX Ozone Season units at the source, the Administrator will close the compliance account, and the owners and operators of the CAIR NOX Ozone Season opt in unit may submit a CAIR NOX Ozone Season allowance transfer for any remaining CAIR NOX Ozone Season allowances to another CAIR NOX Ozone Season Allowance Tracking System in accordance with subpart GGGG of this part.

( c) Notification. ( 1) After the requirements for withdrawal under paragraphs ( a) and ( b) of this section are met ( including deduction of the full amount of CAIR NOX Ozone Season allowances required), the permitting authority will issue a notification to the CAIR designated representative of the CAIR NOX Ozone Season opt in unit of the acceptance of the withdrawal of the CAIR NOX Ozone Season opt in unit as of midnight on December 31 of the calendar year for which the withdrawal was requested.

( 2) If the requirements for withdrawal under paragraphs ( a)

and ( b) of this section are not met, the permitting authority will issue a notification to the CAIR designated representative DRAFT  12/ 2/ 04 of the CAIR NOX Ozone Season opt in unit that the CAIR NOX Ozone Season opt in unit's request to withdraw is denied. Such CAIR NOX opt in unit shall continue to be a CAIR NOX Ozone Season opt in unit.

( d) Permit amendment. After the permitting authority issues a notification under paragraph ( c)( 1) of this section that the requirements for withdrawal have been met, the permitting authority will revise the CAIR permit covering the CAIR NOX Ozone Season opt in unit to terminate the CAIR opt in permit for such unit as of the effective date specified under paragraph ( c)( 1) of this section. The unit shall continue to be a CAIR NOX Ozone Season opt in unit until the effective date of the termination and shall comply with all requirements under the CAIR NOX Ozone Season Trading Program concerning any control periods for which the unit is a CAIR NOX Ozone Season opt in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

( e) Reapplication upon failure to meet conditions of withdrawal. If the permitting authority denies the CAIR NOX Ozone Season opt in unit's request to withdraw, the CAIR designated representative may submit another request to withdraw in accordance with paragraphs ( a) and ( b) of this section.

( f) Ability to reapply to the CAIR NOX Ozone Season Trading Program. Once a CAIR NOX Ozone Season opt in unit withdraws from DRAFT  12/ 2/ 04 the CAIR NOX Ozone Season Trading Program and its CAIR opt in permit is terminated under this section, the CAIR designated representative may not submit another application for a CAIR optin permit under § 96.383 for such CAIR NOX Ozone Season opt in unit before the date that is 4 years after the date on which the withdrawal became effective. Such new application for a CAIR opt in permit will be treated as an initial application for a CAIR opt in permit under § 96.384.

( g) Inability to withdraw. Notwithstanding paragraphs ( a)

through ( f) of this section, a CAIR NOX Ozone Season opt in unit shall not be eligible to withdraw from the CAIR NOX Ozone Season Trading Program if the CAIR designated representative of the CAIR NOX opt in unit requests, and the permitting authority issues a CAIR opt in permit providing for, allocation to the CAIR NOX Ozone Season opt in unit of CAIR NOX Ozone Season allowances under § 96.388( c).

§ 96.387 Change in regulatory status.

( a) Notification. If a CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304, then the CAIR designated representative shall notify in writing the permitting authority and the Administrator of such change in the CAIR NOX Ozone Season opt in unit's regulatory status, within 30 days of such change.

( b) Permitting authority's and Administrator's actions. DRAFT  12/ 2/ 04 ( 1) If a CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304, the permitting authority will revise the CAIR NOX Ozone Season opt in unit's CAIR opt in permit to meet the requirements of a CAIR permit under § 96.323 as of the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304.

( 2)( i) The Administrator will deduct from the compliance account of the source that includes the CAIR NOX Ozone Season optin unit that becomes a CAIR NOX Ozone Season unit under § 96.304,

CAIR NOX Ozone Season allowances equal in number to and allocated for the same or a prior control period as:

( A) Any CAIR NOX Ozone Season allowances allocated to the CAIR NOX Ozone Season opt in unit under § 96.388 for any control period after the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304; and ( B) If the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304 is not September 30, the CAIR NOX Ozone Season allowances allocated to the CAIR NOX Ozone Season opt in unit under § 96.388 for the control period that includes the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304, multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § DRAFT  12/ 2/ 04 96.304 divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate.

( ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NOX Ozone Season unit that becomes a CAIR NOX Ozone Season unit under § 96.304 contains the CAIR NOX Ozone Season allowances necessary for completion of the deduction under paragraph ( b)( 2)( i) of this section.

( 3)( i) For every control period after the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304, the CAIR NOX Ozone Season opt in unit will be treated, solely for purposes of CAIR NOX Ozone Season allowance allocations under § 96.342, as a unit that commences operation on the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304 and will be allocated CAIR NOX Ozone Season allowances under § 96.342.

( ii) Notwithstanding paragraph ( b)( 3)( i) of this section, if the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304 is not May 1, the following number of CAIR NOX Ozone Season allowances will be allocated to the CAIR NOX Ozone Season opt in unit ( as a CAIR NOX Ozone Season unit) under § 96.342 for the control period that includes the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304: DRAFT  12/ 2/ 04 ( A) The number of CAIR NOX Ozone Season allowances otherwise allocated to the CAIR NOX Ozone Season opt in unit ( as a CAIR NOX Ozone Season unit) under § 96.342 for the control period multiplied by;

( B) The ratio of the number of days, in the control period,

starting with the date on which the CAIR NOX Ozone Season opt in unit becomes a CAIR NOX Ozone Season unit under § 96.304, divided by the total number of days in the control period; and ( C) Rounded to the nearest whole allowance as appropriate.

§ 96.388 CAIR NOX Ozone Season allowance allocations to opt in units.

( a) Timing requirements. ( 1) When the CAIR opt in permit is issued under § 96.384( e), the permitting authority will allocate CAIR NOX Ozone Season allowances to the CAIR NOX Ozone Season optin unit, and submit to the Administrator the allocation for the control period in which a CAIR NOX Ozone Season opt in unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g), in accordance with paragraph ( b) or ( c) of this section.

( 2) By no later than October 31, after the control period in which a CAIR opt in unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g), and October 31 of each year thereafter, the permitting authority will allocate CAIR NOX Ozone Season allowances to the CAIR NOX Ozone Season opt in unit, and submit to the Administrator the allocation for the control period DRAFT  12/ 2/ 04 that includes such submission deadline and in which the unit is a CAIR NOX opt in unit, in accordance with paragraph ( b) or ( c) of this section.

( b) Calculation of allocation. For each control period for which a CAIR NOX Ozone Season opt in unit is to be allocated CAIR NOX Ozone Season allowances, the permitting authority allocate in accordance with the following procedures:

( 1) The heat input ( in mmBtu) used for calculating the CAIR NOX Ozone Season allowance allocation will be the lesser of:

( i) The CAIR NOX Ozone Season opt in unit's baseline heat input determined under § 96.384( c); or ( ii) The CAIR NOX Ozone Season opt in unit's heat input, as determined in accordance with subpart HHHH of this part, for immediately prior control period, except when the allocation is being calculated for the control period in which the CAIR NOX Ozone Season opt in unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g).

( 2) The NOX emission rate ( in lb/ mmBtu) used for calculating CAIR NOX Ozone Season allowance allocations will be the lesser of:

( i) The CAIR NOX Ozone Season opt in unit's baseline NOX emissions rate ( in lb/ mmBtu) determined under § 96.384( d) and multiplied by 70 percent; or ( ii) The most stringent State or Federal NOX emissions limitation applicable to the CAIR NOX Ozone Season opt in unit at DRAFT  12/ 2/ 04 any time during the control period for which CAIR NOX Ozone Season allowances are to be allocated.

( 3) The permitting authority will allocate CAIR NOX Ozone Season allowances to the CAIR NOX Ozone Season opt in unit in an amount equaling the heat input under paragraph ( b)( 1) of this section, multiplied by the NOX emission rate under paragraph ( b)( 2) of this section, divided by 2,000 lb/ ton, and rounded to the nearest whole allowance as appropriate.

( c) Notwithstanding paragraph ( b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt in permit providing for, allocation to a CAIR NOX Ozone Season opt in unit of CAIR NOX Ozone Season allowances under this paragraph ( subject to the conditions in § § 96.384( h) and 96.386( g)), the permitting authority will allocate to the CAIR NOX Ozone Season opt in unit as follows:

( 1) For each control period in 2009 through 2014 for which the CAIR NOX Ozone Season opt in unit is to be allocated CAIR NOX Ozone Season allowances,

( i) The heat input ( in mmBtu) used for calculating CAIR NOX Ozone Season allowance allocations will be determined as described in paragraph ( b)( 1) of this section.

( ii) The NOX emission rate ( in lb/ mmBtu) used for calculating CAIR NOX Ozone Season allowance allocations will be the lesser of:

( A) The CAIR NOX Ozone Season opt in unit's baseline NOX DRAFT  12/ 2/ 04 emissions rate ( in lb/ mmBtu) determined under § 96.384( d); or ( B) The most stringent State or Federal NOX emissions limitation applicable to the CAIR NOX Ozone Season opt in unit at any time during the control period in which the CAIR NOX Ozone Season opt in unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g).

( iii) The permitting authority will allocate CAIR NOX Ozone Season allowances to the CAIR NOX Ozone Season opt in unit in an amount equaling the heat input under paragraph ( c)( 1)( i) of this section, multiplied by the NOX emission rate under paragraph ( c)( 1)( ii) of this section, divided by 2,000 lb/ ton, and rounded to the nearest whole allowance as appropriate.

( 2) For each control period in 2015 and thereafter for which the CAIR NOX Ozone Season opt in unit is to be allocated CAIR NOX Ozone Season allowances,

( i) The heat input ( in mmBtu) used for calculating the CAIR NOX Ozone Season allowance allocations will be determined as described in paragraph ( b)( 1) of this section.

( ii) The NOX emission rate ( in lb/ mmBtu) used for calculating the CAIR NOX Ozone Season allowance allocation will be the lesser of:

( A) 0.12 lb/ mmBtu;

( B) The CAIR NOX Ozone Season opt in unit's baseline NOX emissions rate ( in lb/ mmBtu) determined under § 96.384( d); or DRAFT  12/ 2/ 04 ( C) The most stringent State or Federal NOX emissions limitation applicable to the CAIR NOX Ozone Season opt in unit at any time during the control period for which CAIR NOX Ozone Season allowances are to be allocated.

( iii) The permitting authority will allocate CAIR NOX Ozone Season allowances to the CAIR NOX Ozone Season opt in unit in an amount equaling the heat input under paragraph ( c)( 2)( i) of this section, multiplied by the NOX emission rate under paragraph ( c)( 2)( ii) of this section, divided by 2,000 lb/ ton, and rounded to the nearest whole allowance as appropriate.

( d) Recordation. ( 1) The Administrator will record, in the compliance account of the source that includes the CAIR NOX Ozone Season opt in unit, the CAIR NOX Ozone Season allowances allocated by the permitting authority to the CAIR NOX Ozone Season opt in unit under paragraph ( a)( 1) of this section.

( 2) By January 1, after the control period in which a CAIR opt in unit enters the CAIR NOX Ozone Season Trading Program under § 96.384( g), and January 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the CAIR NOX Ozone Season opt in unit, the CAIR NOX Ozone Season allowances allocated by the permitting authority to the CAIR NOX Ozone Season opt in unit under paragraph ( a)( 2) of this section.